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Home My WebLink AboutContract 44373 i ,. rr � r s r r 1 AS imak Aft Ak Ab a. ro r rc�,�E. J r 1�"r��nu✓„.�✓r 2�✓s��;,��r�+w&,��'o9Yro n.., �� a � r w w✓tip. fir��.� Y. 'I � �� . w ..,�.iaea,?vary�,;.".�;a,i ,.. i �. i�,Y ,?✓"��'",r w I I w I � I I NIECE itsf,at I 1w wi Ab (s lee I.. fill JI $I Ida M11141IMP1911111 W v Ak A is 1k Ak Wx r G I `x I I ,jai II. ,■, low 7 10 w. oz I Ito 0 Nita A0001 I' All Ah way way i. I I i �N iT 111!111111�11114* IN 3 ... ............ it!=0 ................ ---------------- WAYS14 --------------- I f r% �z CITY F FORT WORTH, TEXAS i rilf l CONSTRUCTION CONTRACT THE STATE OF TEXAS KNOW ALL THESE PRESENTS: COUNTY OF TAR RANT This agreement made and entered into this the 5,th day of March A.D., 2013, by and between the l' CITE" OF FORT T ORTH, a mun,i,cip,al corporation of Tarrant County, Texas, organized and existing under and by virtue of a special charter adopted by the qualified voters within said City on the 11 th day of December, A.D. 1924, under the authority vested in said, voters by the "Horne Rule" provisions), of the Constitution, of Texas, and in, accordance with a (resolution duly passed at a regular meeting of the City Council of said city, hereinafter called OWNER, and s Communications Inc. of the City of rand Prairie, County of Dallas, State of Texas, hereinafter called CONTRACTOR. WIT( ESSFTH That for and in, consideration of the payments and agreements hereinafter mentioned to be made and performed � under the conditions expressed in the r d by the Owner, and f bond, bearing even date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows.. Upgrade ,Spurned Syste m at Fort'North Convention Center 1201 Houston Street Fort Worth, Texas Project No. TF" 1 -17 That the work herein contemplated shall consist of furnishing as an independent contractor all labor, toads, appliances and materials necessary for the construction and completion of said project in accordance with the Flans and Specifications and Contract Documents adopted by the City Council cif the City of Fart Worth, which P''llans and Specifications and Contract Documents ents are hereto attached and made a part of this contract the same as if written herein. J The Contractor hereby agrees and binds himself to commence the construction of said work. within ten I days after being) notified in writing, to do so by the Owner. OWN City c1grees and binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work, and for stated additions thereto or deductions therefrom, the price shorn on the Proposal submitted by the successful bidder hereto attached e ae d made a part hereof. Payment at will be made in monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. t agreed: � a er contract amaunl t shall be T� un,.fired One Thousand and Six Hundred dew ent Dollars and No Cents ��'l 6 " .0 Contractor agrees to com,pllete the project, suitable for occupancy and beneficial use, within 90 calendar da ss after roceilpt of Notice to r Proceed latter. r Further, Able Communications, Inc. has agreed to extend the specified warranty for an additional year for a total of two years) at no additional cost on all products and workmanship associated with this Request for Proposals advertisement. Components, cabling, and workmanship not provided or performed b Able Communications, Inc. is not � P p included as part of this warranty offer. 2 Able Communications, Inc.Contract Page 1 of 4 Pip Upgrade Sound System at FWCC(February 2013) tf N Insurance Requirements: The Contractor shall not commence wort, under this contract until � has obtained all insurance required under the Contract Documents, and such insurance has been approved by the Owner. The Contractor shall be responsible for delivering to the Owner the sub contractors, certificates of insurance for approval.. The Contractor shall indicate on its certificate of insurance included in the documents for execution whether or not its insurance corers suibcontractors. It is the intention of the Owner that the insurance coverage required herein shall include the coverage of all subcontractors a. WORKERS COMPENSATION' INSURANCE NCE Statutor y limits Empl'oyer's liability • $100,000 disease each employee $500,000 disease policy limit. $100,000 each accident b. DIAL GENERAL LIABILITY INSURANCE,- The Contractor shall procure and shall maintain during the life of this contract public liablili!ty insurance coverage in the form of a Commercial general Liability insurance piolicy to cover bodily injury, including death, and property damage at the following limits: $1,000,000 each occurrence and $2,000,000 aggregate limit. • The insurance shall be provided on a project specific basis and shall be endorsed accordingly. • The insurance shall include, but not be limited to, contingent liability for independent contractors, XCU coverage, and contractual liability. s c. BUSINESS AUTOMOBILE LIABILITY.:. • $1,000,000 each 'accident • The policy shall cover any auto used in the course of the project d. BU'ILDER'S RISK OR INSTALLATION FLOATER: This insurance shall be applicable according to the property risks associated with the project and commensurate with the contractual obligations specified in the contract documents. e. EXCESS LIABILITY"UMBRELLA 0 $1,000,000 each occurrence; $2,000,000 aggregate limit. y • This insurance shall provide excess coverage over each line of liability insurance required herein. The policy shall follow the forms of the underlying policies. f.. SCOPE OF INSURANCE AI' SPECIAL HAZARD: The insurance required Zz- u,nd'er the above paragraphs shall provide adequate protection for the Contractor and its subcontractors, respectively, against damage claims which may arise from operations � under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by it, against any insurable hazards which may be encountered in the performance of the Contract. Able Communications, Inc. Contract Page 2 of 4 Upgrade sound System at FWCC Felbruar+2013 if l% 1, �f f.. PROOF of CARRIAGE OF INSURANCE: The Contractor shall furnish the owner with satisfactory proof of coverage by insuiranco required in those contract t �f Documents in the amounts and by insurance carriers satisfactory to the Cwnor. The form to, be used shall be the current Accord certificate of insurance form or such other form as the Owner may in its solo discretion deer, acceptable. All insurance requirements, made f, upon the contractor shall apply to the ;sub-contractors should the contractor's insurance not coyer the subcontractor's work operations performed in the course of this contracted project. ADDITIONAL INSURANCE REQUIREMENTS: a. The Owner, its officers, employees and servants shall be endorsed as an additional insured on Contractor Is insurance policies excepting employer's liability insurance coverage under contractors wort ers'colmpensation insurance policy. o the city of Fort Worth, contract y� Certificates insurance s e delivered administrator in the respective department as specified in the bid documents, 1 000 Throckmoirton Street, Fort'"worth TX 76102, p rior to commencement of work on the cointracted project. t C. Any failure on, part of the Owner to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. Pr d. Each insurance policy shalil be endorsed to provide the Owner a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium e. Insurers must be authorized' to do business in the State of Texas and have a Jill, , .M,. test rating of A:VII or equivalent measure of financial strength and solvency. V. f ductiblw limits, or ,self`-fnded retention lir�r�iits on each policy must not exceed $1 0,000. per occurrence unless oltherwise approved by the Owner. q. In lieu of traditional insurance, Owner may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The Owner must approve in writing any alternative coverage.. h. Workers compensation insurance policy(s) covering, employees employed on the project shall be endorsed with a waiver of subrolgation providing rights of recovery in ,"M favor of the Owner r i. owner, shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. j. contractor's insurance policies shall each be endorsed to provide that such u� insurance is primary protection and any self-funded or commercial coverage maintained by Owner shall not be called upon to contribute to loss recovery. . shall report, in a timely manner,`� ' In the course of the project co annoy, Contractor Owners officially designated contract admiinistrator any known n loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. Able Communications, Inc. Contract Page 3 of 4 Upgrade Sound System at FWCC(February 20131 u I' Contractor's liability shall not be limited to the specified amounts of insurance required heroin. mill Upon the request of owner, Contractor shall provide complete copies of all insurance policies required by those contract documents. If this Contract is in excess of' $25,000, the Contractor shall provide o Payment Bond in the full amount of the oointroot. If the contract is in excess of $100,000 Contractor shall provide both Payment and Performance Bonds for the full amount of the contract. Contractor shall apply"for all City of Port ''worth Permits and for any other permits required by this project. City of Fort Worth Permit fees are waived., Separate perm its will be required for each facility. If the p" the Pleas and Specifications and Contractor should' fail Ivor to complete � ��t or � J Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall he deducted from any monies due or which may thereafter become due hire, the liquidated damages outlined in the General Conditions, not as a penalty but as liquidated damages, the Contractor and, his Surety shall he liable to the Owner for such deficiency.. IN WITNESS WHEREOF, the City of Fort Worth has caused this instrulment to be signed in four a counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Port Worth attached. The Contractor has executed this instrument through its duly authorized officers in four counterparts with its corporate seal attached. F Executed in the City of Port Worth, Texas, this the o< day of A..0 D. � ��. ,w, ABLE CO t r 1 LE CO Z j.. Hiram Lopez, 0 ernand o Costa °President . sistant City Manager APPRO RECOMMENDED:, Y. a b i By-. Douglas'la n1portation ersa , PE Sl � ;ar d'. a � r q � y C irector, ra and Public ors, City Secrotar Department APPROVED AS TO FORM AND LEGALITY.-: M C C-261 2 l" arch 5 2013 Contract Authorization By: P Assistant City Attorney OFFICIAL RECORD , ,,Ty SgrRIRTARY FYI,WORTH,,1TrX c Able Commiuni tioin , Inc.Contract Page 4 of Upgrade Sound System at FWCC February 2013