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HomeMy WebLinkAboutContract 44190 CITY SECRETARY CONTRACT NO, 4 L� 0 RT RTH n Y� PROJECT MANUAL FOR SHE �vN,"S n U CT 10%N OF Westland 5.0 MG Ground Storage Tank Rehab I'litat ion Project City Project o. 01952 Betsy Price Tom Higgins Mayor City Manager q. Pr t Crumb, P.E. `, rear Water Department Andrew T. Cron r; ,P.E.,Assistant Director Charly C. Anga icheril,Assistant Director Prepared fob, The City of Fort Worth October 2012 effifel er Central, Inc. Texas,Registered erect Engineering Firm No. 5592 OFFICIAL 0-CORD '1Ty Sp citsirARY IFT W01t M&C Review Rage 1 of 2 official site of ttie Citi of Fort'Worth,Texas Afft FoRTWORTII L AGENDA L ITY 11 VII C01UNCIL ACTION: Approved on 1/2912013 I 1 11 1 lo 11'1 11111 - REF'ERENCE **C.26074 - 60WESTLAND GROUND DATE.- 1/291201�3 LOG NAME, NO.* STORAGE TANK REHAB 1 IRLIC CODE: C TYPE: CONSENT "P�N-v NO HEARING-. SUBJECT: Authorize Execution of a Contract with Bla,s,tco Texas, Inc., in the Amount of$,705,300-00 for the Westland Ground Storage Tank Rehabilitation Project, 'Located at'11 066 Doirfan Street(COUNCIL DISTRICT 7) V 1''Al RECOMMENDATION. It is recommended t,hiat the City Council authorize the execution of a contract with Blastco Texas, Inc., in the amount of$705,300.00 for the Westland Ground Storage Tank Rehabililtation Project, located at 1 1066 Dorfan, Street. DISCUSSION., The Westland five million gallon ground storage tank was constructed in 1994 and provides potable water storage for areas, in far west Fort Worth. This ground storage tank has never been repainted, though Staff has performed structural repairs to the roof deck and vent due to,failed coatings allowing corrosion of the steel structure., On January 12, 2012, a Request*,'or Proposals (R.F.P1.was iss,le flor several Water Departmtent IF r, projects, it potable water storage tank rehabilitation pr pjects. On Februar 10, 2012,, a total of five proposals were received from engineering consultants for the tank rehabilitation projects. A Staff consultant selection committee recommended Kleinfelder Central, Inc.,, for the Westland ground storage tank rehabilitation project. On Jiu�lly 17, 2 12, (M&C, C-25740)the City Council authorized execution of an engineer i'ng Agreement with Kleinfelder Central, Inc., for the design and preparabon of contract doGuments for the recoating and structural repairs of the Westland ground storage tank. Thee project was advertised on October 25, 2012 and November 1 3 2012 in the fort Worth Star Telegram, On November 29, 2012,the following seven b!ids were receivedo. IRIDDER BID AMOUNT ICONTRACT IBIastco Texas, Inc. 11$ 705,300. 1180 calendar day Landmark Structures 1, L.P. 11$ 89231971.00 IN.G. P86inting, L.P. $ 994,200 L.C. United Painting Company,i Inc; 1$101151000. lClassic, Proltective Coatings, Inc. $1,155,500.00 �Thomas Industrial Coatings, [roc, $111851314.00 TMI Coatings, Inc. $1,499,700.00 Blastco Texas, Inc., is in compliance,with the City':s B Ordinance by committing to 13 percent IVIBE participation. The City's goal on this project is five percent. The project is located in COUNCIL DI "Tr ICT7. rfr r- F'ISCAL INFO RMATIO,NI'CERTI F11 CATION http-//apps.cfwnet.org`/council 0. _packet/mc—rev few.asp'-?ID=I 7907&coU11C1*1date-1/29/2013 1/30/2013 M&C Review Page 2 of 2 The Financial Managernent Services, Director certifies that funds are available in the current capital budget, as appropriated, of the Water Capital Projects Fund. TO Fund/Account/Centers, FROM Fund,/Arc ount/Centers P2,53 541,200 60 "1 801 95280 $700 0.00 Submitted for Cif vUlanag ir'sOfficeb Fernando Costa (6122) riginnfin r% r% Ue"Al is a V:a Aw* al"OLM I A I I GNU 0 11 1- N C..,u,,ib�82207) gas *S4%.A& e%r%t Frank Ad for all InformatIon Contact: Chris Harder(829!3) ATTACHMENTS GO Westland Ground Storage Tank*Rehab rn http:-//apps.cfwnet.org/counc'll _packet/me revie w.asp?ID=17907&councildate=1/29/2013 1130/2013 ADDENDUM N . I WESTLANDX MG GROUND STORAGE TANK REHAB PROJECT City of Fort Worth Water Department City Project Number: 01952 November 21,2012 T hi's Addendum forms a pan Muontract ana ciannes, corrects or modifies original Bid Documents, dated October 25, 2012. Acknowledge receipt of this addendum n space provided on bid form. Failure to do so may subject bidder to disqualification. ,arolect Manual Revisions: Item 1: Section 00 42 43-PROPOSAL FORM A) DELETE the Section'in its entirety, Audi REPLACE with. The attached REVISED Sac ti�o:n 010,42 431 4 pages total,' Item 2: Section 0151211' -WELDING A) DELETE the Section in its entirety And REPLACE with& $I 'The attached REVISED Section 0512 1)5 pages total. This addendum consists of 10 page(s)/sheet(s)total. Approved by OWNER Approved y ENGEER' END Addendum No.I Page 1 of iD Pages WESTLAND 5.0 MG GROUND STORAGE TANK October 25,2012 REHABILITATION PROJECT Revised November 21,2012 SECTION 05121-WELDING PARTI-GENERAL 1.1 SUMMARY A,. This specification applies to new and existing welds. B. All welding shall conform to the latest edition of AWWA 13-1011. A.11 equipment used for welding, and cutting shall be designed and manufactured to allow all qualified welders to follow the procedures and attain the results specified herein. C. All welders shall pass welding test that simulates production connections using matenials on the same grade that will be used during:construction. These tests must be performed at the job site and observed by the wner. All welders and welding procedures shall be certified in accordance with AWS prior,to beginning work on the project. D. No welding will be allowed when the air temperature is lower than 32'F at the work area.No welding "will occur when the steel or the welding operators are exposed to inclement weather including rain,snow, or high wind. E. Any moisture present at the point of"welding shall be driven off by beat before welding commences. Wind breaks shall be required for the protection of all welding,operations. F. Wben low hydrogen type electrodes are used, a suitable oven capable of maintaining a minimum temperature of 250"F shall be provided and used under the direction of the welding supervisor to control moisture levels of the electrodes. T, G. Certified welders, shall make all welds, including tack welds that are to be 'incorporated into the final welds. Defective,cracked,or broken tack welds shall be removed before final welding, H. Depressions,undercuts,or gouges in the base metal or weld metal caused by the,removal of staging clips, lugs,braces,etc.,shall be filled with sound continuous weld metal and ground to a smooth surface even with the plate surface. 1. Related work:Specifications-.0 133 00,02221,05120,0,7721,and 0987 1-WGST 1.2 SUBMITTALS A. The CONTRACTOR shall submit the following(if applicable):, 1. M11 test reports for all materials supplied,where applicable. 2. Provide descriptions of welding techniques and type of process to be used. 3. Copies of Charpy impact tests for weld, heat affected zone, and base metals, as specified i AWWA D-1 ,where applicable. 4. Welding procedure specifications as per ASNE BPV-M Article H and/or AWS D1.1 as applicable. The CONTRACTOR shall qualify the welding procedure specification by taking welding test coupons, performing testing of these spec ens and submit record data and test results in accordance with the AS ME BPV-1X,"procedure qualification record"and/or AWS D1.1 when applicable. 5. Variable welding data as required by ASW BPV-IX,article IV,and/or, AWS as applicable,wben a change is made in the welding process submitted mi the paragraph above., WELDING 05121-1 WESTLAND,5.01 MG GROUND STORAGE TANK October 25,2012 1 REHABILITATION PROJECT Revised'—Molvember 21,2012 6. Qualifications of all welders. The CONTRACTOR shall complete and submit ASME BPV-IX and/or A D 1.1 Welder Qualifications as applicable. 7. Written reports at the conclusion of the work as specified in the latest version of A D-100, Section 11.2., 8. Certification to the OWIsMR of compliance with AAA D-1001,observation requirements. Use standard format specified in AWWA D-1 . 1.3 QUALITY ASSURANCE:QUALIFICATIONS OF WELDERS AND PROCEDURES: A. The CONTRACTOR shall submit a list of all welders and provide a copy of current welding certifications for each welder prior to beginning construction. All welders shall be qualified in accordance witb the current AS PV-1X for pipe welding. All welders perform Mig structural steel 1% A plate welding and/or repair work shall be qualified in accordance with the latest edition or AWS,D 1.1.All welders shall have passed welder qualification tests within the previous six months. B. The CONTRACTOR shall submit written welding procedures to the OWNER,for review,at least five(5) working days prior to the specific construction or repair. C. The written welding procedures shall include joint types to be used,sequence of placing weld metal,type of electrodes of A designation, size of electrodes, methods of cleaning(goug,ling,chipping,grinding, etc.),positioning and type of jigs for automatic welding,type of equipment to be used,wire type and Size, type and grade of fluxing material,volts, amperes and speed of travel used for welding and for making qualification test, copies of all required qualification test; method by which low hydrogen electrodes will be stored and/or heated for moisture control; and other pertinent 'Information necessary for the welded fabrication as required by ASME-B PV-IX and/or AWS 1 1.1. D. The OWNER'S representative will review welding procedures and may require additional field welder sts;. qualification te LC 1.4 TESTING AND OBSERVATION A. Observation and testing of materials and welds shall be as provided in the latest edition of 13- 100, Section 11, except where specified otherwise herein. The OWNER'S representative shall complete final observation and testing prior to coating of welds. B The OWNER shall be allowed free access to all work and shall receive notice,by the CONTRACTOR in 6 wntiing,at least(3)three days in advance of the start of all fabricattion operations. C. The OWNER shall be notified,by the CONTRACTOR,three (31),days in advance of weld observations on the job site. If without further notification, welding requirements have not been completed for observation as scheduled,the additional cost to the OWNER'S testing laboratory shall] be borne by the CONTRACTOR as a re-test item. All welding and fabrication equipment used shall conform to the standard requirements of the latest AWS Specifications for such equipment. DI. The CONTRACTOR shall submit proof of conformance with latest AWS Specifications of an welding and fabrication equipment to the OWNER before any welding or cutting beg-inS. E. When the quality,of a welder's work appears to be below the requirements of these specifications,the OWNER may require testing for re-qualification. F. After completion of field fabrication, erection and field coating, the tank shall be filled with water to check water tightness (during tank disinfection). Any leaks detected shall be repaired by cutting out WELDING 05121 -2 Oil! VofESTLAND 5.0 MG GROUND STORAGE TANK October 25,2012 REHABELITATION PROJECT Revised–Movember 2 It 2012 defective welds, and re-welding. Coatings damaged in repairing the leaks, shall be repaired by the CONTRACTOR at no additional cost to the OWNER. No welding repair work shall be done unless the water is completely drained from the tank. 1.5 WELD QUALITY A. The CONTRACTOR will be responsible to perform quality control, inspections of his work prior to the te, rrorming observations. 0 WINE R p e ^ B. The gill 11 perform observations of welds to determine compliance with applicable codes. 1. Allweld metal shall be sound throughout,and there shall be no cracks in any weld or weld pass. 2. All welds shall be free from overlap with no undercutting allowed. 3. All craters shall be filled to the full cross-section of the weld. 4. The CONTRACTOR shall 'inspect all welds and remove, weld scale or slag, spatter, burrs,, and other sharp or rough projections in a manner that will leave the surface suitable for any required non-destructive testing and the subsequent cleaning,blasting,and coating. 1-6 CORRECTIONS ,A. When, welding is unsatisfactory.or indicates poor workmanship, as determined by the OV;NER"S representative,the following corrective measures Will be required. B, Where requirements prescribe the removal of part of the weld or a portion of the base metal, such removal shall be by chipping or grinding. Gouging may be performed only with the specific approval of the CONTRACTOR'S welding foreman and OWNER- Where corrections require the deposition of additional weld metal,the sides of the area to be welded shall have not less,than a one to one slope to 10 allow sufficient room for depositing new metal,., C. Defective or unsound welds shall be corrected either by removing and replacing the entire weld, or as follows: I. Excessive convexity,reduce size of excess weld metal by grinding. 2. Shrinkage cracks,crack in base,metal,craters, and excessive porosity.Remove defective portions of base metal by grinding to sound metal and deposit additional sound weld metal. 3. Undercutting,undersize,and excessive concavity. Clean and deposit additional weld metal. 4. Overlapping and incomplete fusion,remove and replace the defective portion of weld. 5. Slag inclusions,remove those parts of the weld containing slag and H With and weld metal. 6. Removal of adjacent base metal during welding,clean and form full size by depositing additional weld metal, D. Where corrections require the deposition of additional weld metal,the electrode used shall be the same size or smaller than the electrode used for making the original weld. The surface shall be cleaned thoroughly before re-welding. E. A cracked weld shall be removed throughout its length. The weld or base metal, as applicable, shall be gouged to sound metal 2"beyond each end of the crack. 0 ........ .....'' -_ — __V-, .''I -i– ­iin- Where wofk--- le ormed SuFseqauen to- the making of Ce6c i wefd has rendered the weld�inacces�sible or has caused new conditions ineffectual the original conditions shall be restored by removal of welds or members or both before making the necessary corrections or the deficiency shall be compensated by additional work according to the revised design approved by the OWNEK WELDING O�5121-3 WESTLAND 5.0 MG GROUND STORAGE TANK October 25,2012 REHABILITATION PROJECT Revised—Novembe,r 21,2012 G. Improperly fitted and mis-aligned parts shall be cut apart and re-welded. Members d'istorted by the heat of welding shall be straightened by mechanical means or by,the carefully Supervised application of a limited amount of localized beat. Heated areas shall not exceed 1200 degrees Fahrenheit measured by tempilsticks. Parts to be heated for stralighteffling shall be substantially free of stress from external forces except when mechanical means are used in conjunction with the application of heat. CONTRACTOR shall provide a plan for distortion. H. In the event that faulty welding or its removal for re-weld ling!damages the base metal 'in the judgment of +11 10 Lile 01,YlYWEIP,the FONT FOR shMaull remove and replace the damaged material or siliall,compensate for the deficiency in a manner acceptable to the OV*rNER. 1.7 WRITTEN REPORTS . e CONTRACTOR shall refer to Section 0133 00 for all criteria pertaining to observations and detailed written reports. wn, PART 2—EXECUTION 2.1 N4ATERLkLS:ELECTRODES, Welding electrodes shall be as follows.- STEEL WELDING ELECTRODE SCHEDULE IMATERIAL ELECTRODE TYPE CARBON STEEL TO CARBON STEEL AWS E-70 IS iAIS1304L TO CARBON"ST EEL A WS,E-309- b 11/1 V///FF I AISI 304L TO AST 304L AWS E-3081L AISI 316L TO CARBON STEEL AWS E-3 I 0-Mo -IN AISIJ 16L TO AISI 316L AWS E-316L 2.2 DOOR SBFET ACCESS-WAY A. At the CONTRACTOR'S sole option and without additional compensation, a door sheet (10-ft x, 10-ft max)may be out out of the tank shell to facilitate personnel and equipment access. The CONTRACTOR shall submit design drawings and calculations prepared by a registered engLineer in the State of'Texas for review by the OWNER and OWNER'S CONSULTANT that address all aspects of the door sheet opening in accordance with A-PI 650 and API 653 (API Codes), including cutting the door sheet, stabilizing the door sheet,the tank and tank opening,replacing the door sheet, and testing the welds for compliance with these specifications dl I Codes.In addition to the design drawings and calculations, the submittal shall 'include,a complete written plan for removal and replacement of the door sheet. TWs, plan shall include a welding procedure that incorporates distortion control. B. The door sheet shall be removed and reinstalled in accordance with procedures described in "A"7 including all structural,welding,testing, and evaluation requirements. The edges of the door sheet shall not be closer than 6-inches to an existing vertical or horL'wnW weld,seam.When removing the fillet weld at the bottom of the door sheet where the shell is welded to the floor plate, the fillet weld shall be removed 6-iches beyond the vertical cuts of the door sheet.Guides such as tracks for track torches shall be used for flame cutting the door sheet from the reservoir. All cut, edges shall be true and without gouges. The top corners of the cuts shall be a true six(6) inch radius mim' imum and shall be cut using radius guides. The curvature of the dolor sheet shall be preserved during removal, storage, and WELDING 05121-4 WESTLAND 5.0 MG GROUND STORAGE TANK October 25,2012 REHABELITATION PROJECT Revised—November 21,2012 reinstallation.The door sheet shall be stored in a safe location agreed upon by the CONTRACTOR an OWNER to prevent damage. After completion of ating for the interior ceihng and wall, surface preparation and prune coating of the floor and prior to intermediate and final coating of the floor, and after reinstallation of the door street,the door sheet welds shall be tested and shall be incompliance with these specifications and the API Codes. The door sheet exterior welds shall be ground flush and shall merge smoothly with the reservoir exterior surface,grinding shall not reduce the thickness of the shell or door sheet:. If the thickness is reduced,the reduced thickness shall be repaired by welding and then the repair weld shall be ground flush and shall merge smoothly with the reservoir exterior surface.Removal of supp►o�rt far irg�o n U e door sheet acid reservoir shell Shale not leave debits rn the steel or nuggets of gelds on the steel surface. Surfaces where the framing is removed shall be ground flush and shall merge smoothly with the reservoir exterior surface.The door sheet weld interior profile shall be in accordance with AWS 1.1, The exterior weld area and abraded area shall be abrasive blasted to SPCC-Sly' 61, 43cornrnercia,l blast cleaning" and the interior geld area and abraded area shall be abrasive blasted to SS C SP 1 "near white blast,cleanin f. The door sheet shall be coated with the interior and exterior system specified for the reservoir. '"The CONTRACTOR is responsible for cutting out the door sheet, stabilizing the reservoir opening while the door sheet is out, replacing the door sheet, and testing the replaced door sheet using qualified engineering and testing services(see C"below). C. The OWNER requires the following testing methods to be performed on the door sheet access-way welds by a third party inspection company provided by and paid for by the CONTRACTOR. CONTRACTOR shall coordinate testing with the OWNERS CONS 1. 5 total x-rays: 2 vertical, 2 corners and 1 horizontal, (For complete joint penetration welds in accordance with AS NE, Section Vl Division/ and the AWWA Code for Welded Steel Water Storage Tanks.) 2. 100%ul onic testing.(For complete joint penetration welds in accordance with AWS D1. . 3. Leak testing with diesel fuel from the outside on inside fillet welds at the floor before deposing; outside fillet weld in accordance with API Standard 3 .. 2.3 REPAIRS A. The CONTRACTOR shall submit their proposed method of repairs of welded scams, pits and patch repair to the OWNER for their review and approval before beginning blasting. Repairs shall meet or exceed the following requirements for the roof"plates.. I All pits with a remaining gall of 3T/5 or less or pit depth of 1/16"'or greater shall be re-welded incorporating patch plates. 2. All pits with a remaining wall from T/ to 3T/4 shall be epoxy filled flush to the surface of the shell plates.Epoxy shall be compatible with the coatings to be installed. 3. All pits with a remaining wall greater than 3T/4 require no filling, 4. Linear corrosion defects adj acent to welds in excess of 1/16"deep shall be re-welded if a The length exceeds 1 inch on 3/8"plate and the bottom 1/4"',plates. b. The length exceeds 2 inches on the top `4"plates. 5. Linear corrosion defects ba welds,adjacent to welds and in plates greater than 3/8"thickness shall. be repaired by welding if the depth of corrosion is equal to or greater than..O�.2''l"`". 6. Use criteria oft and 3 above for corrosion defects which do not require welding adjacent to welds. 2.4 NUSCELLANEOUS WELDING A. The CONTRACTOR shall add to his base bid an allowance prescribed in the proposal Fo n for miscellaneous weldin END OF'SECTION 05121 WELDING 05121-5 0 52 4 -1. Agreement Page I of 4 SECTION O'O 52 43 2 AGREEMENT 3 4 THIS AGREEMENT, ,authorized on JANUARY 291.201 is made by and between the City of 5 Fort Worth, a Texas hone rule municipality, acting by and through its duly authorized City Manager, Blastco authorized t business in Texas, acting by and through its duly authorized representative,("Contractor"). 8 City and Contractor, in consideration of the mutual covenants hereinafler set forth., are as follows: 10 Article .1.'"CORK 11 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 12 Project identified herein, 13 Article 2.PROJECT 4 The project for which the Work under the Contract Documents may he the whole or only a part is 15 generally described as follows: 16 Westland . w MG Ground Stora T"a,nl RehabiIitati rr jec 1 Pro l..ect No. 0 1952 18 Article 3. CONTRACT TIME 19 3.1 Time ins of the essence. 20 All time limits for Milestones, if any, and Final acceptance as stated in the Contract .ct 21 Documents are of the essence to this Contract. 22 3. Final Acceptance. 23 The Work will be complete for Final Acceptance within n 180 days after the date when the 24 Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 25 3.3 Liquidated damages 26 Contractor recognizes that time is of the essence of this agreement and that City will 27 suffer financial loss if the Work is not completed within the tines speciTiea in Paragraph 28 3.2 above, PIius any extension thereof allowed in accordance with article 12 of the 29 General Conditions. The Contractor also recognizes the delays, expense and difficulties 310 involved in proving in a legal proceeding the actual loss suffered by the City if the Work 31 is not completed on time. accordingly, instead of requiring any such proof, Contractor 32 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay 33 City Five Hundred Dollars ($500.00) for each day that expires after the time specified 34 in Paragraph 3.2 for Final acceptance until the City issues the Final. Fetter of 35 acceptance. f CITY OF'FORT WORTH Westland 5.0 UG Ground Storage Tank Re ahilitation Project STANDARD CONSTRUC710N SPECIFICAMN DOCUMENTS S .fro" t No.01 R vied hine 4,2012 005243-2 Agreement Page 2 of 4 36 Article 4. CONTRACT PRICE 37 City agrees to pay Contractor for performance oaf the Work in accordance with the Contract 38 Documents an amount in current funds of Seven hundred and five thousand three hundred Dollars 39 ($705,300.00). 40 Article 5. CONTRACT DOCUMENTS 41 5.1 CONTENTS: 42 A. The Contract Documents which comprise the entire agreement between City and 43 Contractor concerning the Work consist of the following-, 44 1. This Agreement. 45 2. Attachments,to this Agreement.- 46 a. Bid Form 47 1) Proposal Form 48 2) Vendor Compliance to State Later'.:C Bidder 49 3) Pre qualification Statement 50 4) State,and Federal documents(project specific) 51 b. Current Prevailing Wage to Table 52 c. Insurance ACORD Form(s) 53 d. Payment Bond 54 e. Performance Bond 55 f Maintenance Bond 56 g. Power of Attorney for the Bonds 57 h. Worker's Compensation Affidavit 58 1' MBE Commitment Form 5 3. General Conditions. 60 4. Supplementary Conditions. 61 5. Specifications specifically made a part of the Contract Documents by attachment 62 or,) if not attached, as incorporated by reference and described in the Table of 63 Contents of the Project's Contract Documents. 64 6. Drawings. 65 7. Addenda. 66 8. Documentation submitted by Contractor prior to Notice of Award. 67 9. The following which may be delivered or issued after the Effective Date of the 68 Agreement and, if issued, become an incorporated part of the Contract Documents,,, 69 a. Notice to Proceed. 70 b. Field Orders. 71 c. Change Orders. 72 d. Letter of Final Acceptance. 73 74 CITY OF FORT WORTH Westland 5.O MCY Ground Storage Tank Rehabilitation Project STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No 019 52 Revised June 4,2012 rtUll/ (O 52 43-3 Agreement Page 3 of 4 75 Article 6. MEMNIEFICATION 76 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the clt , its officers, servants and employees, from and against any and all 78 claims arising out of, or alleged to arise out of, the word and services, to be performed 79 by the contractor,tor, its officers, agents, employees, subcontractors, licenses or invitees o under, this contract., This lndemnfl atloo provision on l spec if all intend d to operate 1 and be effective oven if t i s all d or proven that all or some of the damages b�lra Loup wer caused lu whole or�In art � an a��t omission or one l�l orr o of the of .. 3 This indemnity provision is intended to 'Include, wit out limitation, ind :nity for costs,expenses and legal fees �in urred b the city in.defending against such claims and 5 causes of actions. 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 88 the city,its officers,servants and employees,from and against any and all loss,damage 89 or destruction of property of the city,arising out of,or alleged to arise out of the work o and services to be performed by the contractor, its officers, agents, employees, 91 subcontractors, licensees or invitees under this contract. This indemnification 92 Provision is s cciflcall intended to operate and be effective every if it %s alle ed or 93 proven that all or some of the damages,bei 119 sou ht were caused jnwhole or an pgrt., 94 bj anj act omission or rye li ence of the ciRy. 5 96 Article 7. MISCELLANEOUS 97 7.1 Terms. Terms used in this Agreement which are defined in Article 1 of the General Condit onas will 9�9 have the meanings medicated in the General Conditions. 100 7.2 Ass ignment of Contract. 101 This Agreement, including all of the Contract Documents, may not be assigned by the 102 Contractor without the advanced' express written consent of the City. 103 7.3 Successors and Assigns. 104 City and Contractor each binds itself, its partners, successors, assigns and legal 105 representatives to the other party hereto, in respect to all covenants, agreements and 106 obligations contained in the Contract Documents. 107 7.4 Severability.. 108 Any provision or part of the Contract Documents hold to be unconstitutional, void or 109 unenforceable by a court of competent Jurisdiction shall be deemed stricken, and all 110 remaining provisions shall continue to be valid. and binding upon CITY and 111 CONTRACTOR. 112 7.5 Governing 1,aw and venue.. 113 This Agreement including all of the Contract Documents is performable in the State of 114 Texas. venue shall be Tarrant Count, Texas, or the United, States District Court for the 1.15 Northern District of"Fex,as, Fort Worth Division. IF CITY OF FORT WORTH Westland..0 MG GroundStorage Tank Rehahild ti ,P r(ye t STANDARD CONSTRUCT 101N SPECIFICATION DOCUMENTS Project M.0195,x' Revised Juana 4.,2012 b 00 52 43 Agreement Page 4 of 4 116 7.6 Other Provisions. sions. 11.7 The Contractor agrees, to pay at least minimum wage per hour for all labor as the same is 118 classified, promulgated gate and set out by the Cif, a copy of which is attached hereto and 119 made a pa rt hereof the same as if it were copied verbatim herein. 120 7.7 Authority to Sign. 121 Contractor shall attach evidence of authority to sign Agreement, if other than duly 122 authorize ' signatory of the Contractor. 123 124 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple. 125 courrterpIarts. 126 127 This Agreement 's effective as of the last date signed by the parties("Effective Date"). 128 Contractor City of Fort Worth �w Fern n o Costa Assistant City Manager (signature) Tate 41..., � ,. __7 (Printed Narn .... Mary J.Kayser, City Secretz *00000QC) (Seal) Xnr 0 D 0 Att Title.- Xf I e %0 N, 0 ,. Address: 0 0 4 M&C C 0 Tate: �0000 000 44 Mate�i pro as to Form an itywU�_6��_ Tate Douglas W.Black Assistant City Attorney 129 130 131 APPROVAL RECOMMEN' D: 132 OFFICIAL L¢ 1 " 135 S. Frank- rumb .E 136 DIRECTOR, 13,7 Water De)ar tm nt 1, ,JJr CITY OF FORT WORTH Westland 5.0 MG Ground Slorage 7;2nk Rehabilitation Project STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 195 2 Reprised June 4,2012