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Home My WebLink AboutContract 38383 SPECIFICATIONS AND r CONTRACT DOCUMENTS FOR ELECTRICAL IMPROVEMENTS PROJECT AIRFIELD SIGNAGE IMPROVEMENTS AIRFIELD LIGHTING CONTROL & MONITORING SYSTEM (ACLMS) C AIRPORT BEACON RELOCATION AT ALLIANCE AIRPORT k ` F '�z FOR THE CITY OF FORT WORTH, TEXAS FAA Grant Number: 3-48-0296-35-2008 CFile Number: M- C.P.M.S. NUMBER: 1136 Mike Moncrief Dale Fisseler Mayor City Manager Kent Penny, A.A.E. A. Douglas Rademaker, P.E. ~ Director, Department of Aviation Executive Asst. to City Manager Timothy D. Ward President, Alliance Air Services PREPARE D BY: OF � o°ooeevou444 �,�,�.s^'�111it'�Zt C ° DMJM AVIATION INC. ��..QF . . ttii 1200 SUMMIT AVE, ST. 320 3�P• ''°'�gsttjd FORT WORTH, TEXAS 76102 * P�d • .....R......................(817)698-6800 OCLECTT FCfi . ...rS'r,JAMES G. KIRSCHBAUM 694 . ... c ...... ...... . o 60 83583 °°�'�`.!��.O�ST9:-R�� ve rj��.'FGtST��°•��t.w��+ L. °oaoaS/ONAI � tti t4 November 444ggppbo99°°° November 3, 2008 �� • -08 j � y. STATE OF TEXAS § § KNOWN ALL BY THESE PRESENTS: COUNTY OF TARRANT § This Contract is made and entered into this the 24th day of February, 2009, by and between the City of Fort Worth, a home-rule municipal corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas, hereinafter referred to as "Owner," by and through its duly authorized Assistant City Manager, and EAS Contracting, L.P., hereinafter referred to as "Contractor," by and through its duly authorized representative. WITNESSETH: That Owner and Contractor agree as follows: That for and in consideration of the payments and agreements hereinafter ' mentioned to be made and performed by the Owner, and under the conditions expressed in the 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: Electrical Improvements Project at Fort Worth Alliance Airport Airfield Signage Improvements, Airfield Lighting Control & Monitoring System (ACLMS), Airport Beacon Relocation 2. That the Contract Documents shall consist of the written, printed, typed and drawn instruments which comprise and govern the performance of the work. Said ' Contract Documents include, but are not limited to, the notice to bidders, instructions to bidders, special instructions to bidders, addenda to the notice to bidders, proposal, plans, specifications, maps, blueprints, notice of award, general conditions, special conditions, supplementary conditions, general provisions, special provisions, work order(s), this Contract and the payment, performance, and maintenance bonds. The Contract Documents shall also include any and all supplemental agreements approved by the Owner which may be necessary to complete the work in accordance with the intent of the plans and specifications in an acceptable manner, and shall also include the additional instruments bound herewith. 3. That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools, appliances, materials, supplies, superintendence, insurance, bonds and equipment necessary for the construction and completion of said project in accordance with the Contract Documents prepared at the direction of the Owner. The Page 1 of 4 Contract Documents are incorporated by this reference and made a part of this Contract as if written herein. 4. The Contractor hereby agrees and binds itself to commence the construction of said work within ten (10) days after being notified in writing to do so by the Owner and to complete same within the time stated in its proposal. 5. The Contractor hereby agrees to prosecute said work with reasonable diligence after the commencement thereof and to fully complete and finish the same ready for the inspection and approval of the Aviation Department, the Department of Transportation and Public Works of the City of Fort Worth and the City Council of the City of Fort Worth within a period of One Hundred-Twenty 120 CALENDAR DAYS. If the Contractor should fail to complete the work as set forth in the plans, specifications and other Contract Documents within the time so stipulated, plus any ' additional time allowed as provided in the general conditions, there shall be deducted from any monies due or which may thereafter become due him, the sum of$315.00 per working day, not as a penalty but as liquidated damages, the Contractor and his surety shall be liable to the Owner for such deficiency. 6. Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of the plans, specifications and other Contract Documents, then the Owner shall have the right to either (1) demand that the Contractor's surety take over the work and complete same in accordance with the plans, specifications and other Contract Documents or (2) to take charge of and complete the work in such a manner as it may 1 deem proper, and if in the completion thereof, the cost to Owner shall exceed the contract price or prices set forth in the Contract Documents, the Contractor and/or its surety shall pay Owner upon its demand in a writing, setting forth and specifying an itemized ' statement of the total cost thereof, said excess cost. 7. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such iniury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage Page 2 of 4 is caused in whole or in part by the na-lizence or alleged ne-likence of Owner, its officers, servants or employees. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Owner, if deemed appropriate, may refuse to accept bids on other City of Fort Worth public work projects from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City of Fort Worth contract. ' 8. Owner agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work, and for all additions thereto or deductions therefrom, the 1 price shown on the Proposal submitted by the Contractor hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total Contract amount shall be Seven Hunderd and Seven Thousand Nine Hundred and Sixty Nine Dollars, ($707,969.00). 9. It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or assigned to anyone by Contractor without the written consent of the Owner. 1 10. ' The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified, promulgated and set out by the City of Fort Worth, Texas, a copy of which is attached hereto and made a part hereof the same as if it were copied verbatim herein. 11. It is mutually agreed and understood that this Contract is made and entered into Ir by the parties hereto with references to the existing Charter and Ordinances of the City of ff Fort Worth and the laws of the State of Texas governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. (remainder of page intentionally left blank) Page 3 of 4 e e IN WITNESS THEREOF, the parties hereto have made and executed this e Contract in multiple originals the day and year first above written, in Fort Worth, Tarrant County, Texas. eCITY OF FORT WORTH: EAS Contracting, LP, by EAS Contracting GP, LLC, its eG ral rtner, by e e . M' s T.M. Higgins Assistant City Manager C E0 e Title 2941 Trade Center Dr., Suite 200 eCarrolton, Texas 75007 RECOMMENDED: e . e Kenneth enney, Jr. Director Aviation ATTEST: e Marty Hendrix eCity Secretary (� Authorization 0' (-"( 01 c � Date: '�` e APPROVED AS TO FORM AND LEGALITY: e �rZ _ Amy R y �� Assistant lyAttorney t, ePage 4 of 4