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HomeMy WebLinkAboutContract 44386 CITY SECRETARY ju CONTRACt NO Fft.r COMWTOR t .r r'4C f Foia%,RT, 'EC n OFFICE I , f EUGMEERNO . YIFW FLEW" � m M PROJECT MANUAL FOR THE CONSTRUCTION OF CONCRETE RESTORATION (2013-9) 1 AT VARIOUS LOCATIONS, �r City Project No. 0001-5 711 -0 0 , 2 t! Betsy Price Tom Higgins, Mayor City Manager Douglas W. W ers g P.E. Director, Transportation and Public Works Department George Behma esh,P.E. f Assistant Director,Transpo�-tat or� and Public e�rks Department 1. Prepared for The City of Fort Worth TRANSPORTATION AND, PUBLIC WORKS 201.E 10000040160406 400 0 0 a'0i 600*11,006 A EHMANESH, x A 5 244 Sr OFFICIAL,RECORD CITY " army► l 2RECEI V'CD APR 2 Moo* ,017,.. SICRETARY 7 IJ I, �9 I li II, I I I I Y i I I I I fill Wl � I toll MA d : aw rwa, .ww. were auMw- rnww xaw.. ,m�.. II M w, i m 1 41 low /W � 005243-1 Agrem nt Page I of 4 1 SECTION 0"52 43- f 2 THIS AGREEMENT, authorized on MARCH 19, 2013, is reads by and between the City of Forth Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, ("City"), d Bradley Douglas Construction Services, L C., authorized to do 5 business in Texas, acting by and through its duty author,zed representative,("Contractor"). City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows 8 Article I. WORK Contractor shall complete all Word as, specified or indicated in the Contract Documents for the l 0 : reject 1,dentified herein.. 11 Article 2.PROJECT RIP 12 The project for which the Work under the Contract Documents may he the whole or only a part is 13 generally described as follows. 1 'CONCRETE RESTORATION (2013-9)AT VARIOUSLOCATIONS 11 15 GG0 1-539590-0202002 16 Article 3. CONTRACT TIME 17 3.1 Time is of the essence. 18 All time limits for Milestones if any, and Final Acceptance as stated in the Contract 19 Documents are of the essence to this Co acct. 20 3.2 Final Acceptance. 21 The Work will be complete for Final Acceptance within 150 days after the date when the 2 ell Contract Time commences to run as provided in Paragraph 2,03 of the General Conditions. 23 3.3 Liquidated damages y .24 Contractor recognizes that ti ng e, is of the essence of this Agreement and that C i t will 25 suffer financial loss if the work is not completed within the times specified in Paragraph 26 3.2 above, plus any extension thereof allowed in, accordance with Article 12 of the 27 General Conditions, The Contractor also recognizes es the delays, expense and difficulties 28 involved in proving in a legal proceeding the actual loss suffered by the City if the Work 29 is not completed on time. Accordingly, instead of requiring any such proof, Contractor 30 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay. 31 Cif Six Hundred Fifty Dollars ($650.00) for each day that expires after the time 32 specified in Paragraph 3.2 for :final Acceptance until the City issues the Final Letter of 33 Acceptance. CITY OF FORT WORTH CONCRETE . STt TI N(2013-9) STANDARD CONSTRUCTION UCTION SPECIFICATION DOCtMENTS GGO 1-537110-0202002 I, Revised November r 0 ,2011 00 52 43- Agreement Page 4 34 Artiele 4. CONTI ACT 'RICE '�y;,,r r.,.. 35 City agrees to:pay Contractor for performance of the e erk in accordance with the Contract 36 Documents,an,amount in current fads of FOUR 11ITNI)RE: NINETY N. "THOUSAND 37 5EVENTY FOUR DOLLARS AND ZERO CENTS ($499,074.Q.01 1M, 38 Arti"cle 5. CONTRACT DOCUMENTS 39 5.1 CONTENTS: 40 A. The Contract Documents w icIn eernpr se the entire agreement between City and 41 Contractor concerning the Work consist ofthe following: r 42 1. 1"his Agreement. 43 2. Attach-ments to this Agreement: 44 a. Bid Form l� 45 1 Proposal.Form 46 2 vendor Compliance to State Law Non-Resident Bidder 47 Pre nali icaflon Statement 48 Federal documents(prqject,vpec-ijic) 4 Mate and 49 b. Current Prevailing Wage.date Tale Std e. Insurance ACORD Forms 51 d. Payment.Bend 52 e. Performance and 3 P: Maintenance Bend. 4 g. Power of attorney for the Bonds 5 h. Worker's Compensation Affidavit 56 i. MW`B'E Commitment Form 57 3. General Conditions,. 8 4. Supplementary Conditions. 9 5. Specifications specifically made a part of the Contract Documents by attachment ors if not attached, as incorporated by, reference and described 'in the Table of Contents of the Project's Contract Documents. 2 6. Drawings. 3 7. addenda. 4 8. Documentation submitted by Contractor prior to Notice of Award. 65 �. The following which may be delivered or, issued after the Effective Date or the 66 Agreement and, if issued, become an incorporated part of the Contract Documents: a.. Notice to Proceed.. 68 b. Field Orders. Y 69 e. Change Orders. 70 d. Fetter of F'�ina.l Acceptance. 71 CITY OF FORT WORTH CONCRETE RESTORATION(2113-9 sTANDARD CONS''1 I.CUON SPECIFICATION D(X1"UM ANT'i GGO 1-5371.10-02020012 Reprised November 019,2011. o" 005243-3 Agrreement Page 3 of 4 72 Article 6* MEMINIFICATION 7'3 6.1, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 7 expense, the city, its officers, servants and employees, from and against any and all 75 claims arising; out of, or alleged to arise out of, the work and services to be performed 76 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 77 under this contract. This indemnification rovislon is $ eeifieall intended to operate 78 and be effective even if it is alle ed or proven that all or some of the damn es being 79 sou ht were caused n whole or in part, by,any act omission. �or ne li ence of the ei . 0 This indemnity provision 'is intended to include, without limitation, indemnity for 1 costs,expenses and legal fees incurred by the city in defending against such claims and 2 causes of actions. I M11 8�3 6,2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 5 the city its officers,servants and employees,from and against any and all loss,damage or destruction of property of the city,arising out of,or alleged to arise out of,the work 7 and services to he performed by the contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract. This indemnification ro ision is specificallj intended to operate and be effective even if it is alleged or roen that all or some of the damages being sought were caused in whole or in part, O , 911 b an act omission or ne li ence of the ci 2 3 Article 7". NUSCELLANIEOUS 4 7.1 Terms. Terms used in this Agreement which are defined in Article I of the General Conditions will have the meanings indicated in the General Conditions. 97 7.2 Assignment of Contract. This Agreement, including all of the Contract Documents may not he assigned by the Contractor without the advanced express written consent of the City. 100 7.3 Successors and Assigns. PIP 101 City and Contractor each hinds itself, its partners, successors, assigns and Legal,, 102 representatives to the other party hereto, in respect, to all covenants, agreements and 03 obligations contained in the Contract Documents. ups , 104 7.4 SeverahiI ity 105 Any provision or part of the Contract Documents held to he unconstitutional, void or 106 unenforceable "by a court of competent jurisdiction shall he deemed stricken, and all 107 remaining provisions shall continue to he valid and 'binding upon CITY and 108 CONTRACTOR. 109 7.5 Governing Law and Venue. 110 This Agreement, including all of the Contract Documents is performable in the State of 111 Texas. venue shall he Tarrant County, Texas, or the United States District Court for the 112 Northern District of Texas, Fort'Forth Division. CITY OF FORT WORTH CONCRETE RESTORATION 2013- ) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS ENT S - ,3 1 020 ,002 Revised November 09,2011 1p 'age 4 of 4 113 7.6 Other Provisions. 114 The Contractor agrees to pay at least minimum wade per hour for all labor as the same I'S 11,E classified, promuIgated and set out by the City, a copy of which pis attached hereto and 116 made a.part hereof the same as if it were copied verbatim herein. 117 7.7 Authority to Sign. 118 Contractor shall attach evidence of authority to sip Agreement, if other than duly r, 11 authorized signatory of the Contractor. 120 121 IN WITNESS WFfF-,REOF, City and Contractor have executed this Agreement in multiple M 1 22 coo uu terparts. 12 124 This Agreement is effective as of the last date signed y the Parties "Effective Date"). 125 -ty of Fort Worth Co actor. I M Ald Fernando Costa Assistant City Manager IM (Signature) Date " CIS- lei ,. Attest: (Pn*nted Name) City Secretary"' Title: (Seal) 0 M; rs . C C r Date.- C StatcZ Approved roved as to Form and Legal" � "`�" Date! P7,ue,-1,elk Assistant City Attor cy 126 127 128 APPROVAL RECOMMENDED: 129 13 131 132 Dough : Wiersig, P.El 133 DIRECTOR, 134 Transportation end Puhilic worC15 135 OFFICIAL RE,COIRD RECO T RETE RESTORATION(2013-9) CITY OF FORT WOR'rH CITY SECRETA , t:p R STANDARD CONSTRUCTION SPECtF1CA,rION DOCUMENTS T GM . 2 Revised November 09,20 1,1, IL