HomeMy WebLinkAboutContract 46825 CITY SECRETARY
ZIONTRACT N4. 4U Z7-t; oo5243-1r
Agreement
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1 SECTION 00 52 43
2 AGREEMENT FOR EMERGENCY REPAIR SERVICES
3
4 THIS AGREEMENT is made by and between The City of Fort Worth, a Texas home rule
5 municipality acting by and through its duly authorized City Manager, ("City"), and Conatser
6 Construction TX, LP, a corporation authorized to do business in Texas, acting by and through its
7 duly authorized representative ("Contractor"). City and Contractor, in consideration of the mutual
8 covenants hereinafter set forth, agree as follows:
9 Article 1. WORK
10 Beginning on May 15, 2015 Contractor shall excavate as necessary and replace approx. 145 linear
11 feet of 30-inch sanitary sewer main at 6801 Randol Mill Road to repair existing sanitary sewer
12 main(M-253)(the"Work").
13 Article 2.PROJECT
14 On May 11, 2015, an existing sanitary sewer main (M-253) collapsed at 6801 Randol Mill Road.
15 The collapsed segment of M-253 was buried by approximately 20 feet of fill material requiring
16 enhanced excavation techniques in order to reach the collapsed line.
17
18 Article 3. CONTRACT TIME
19 3.1 Time is of the essence.
20 Contractor recognizes that time is of the essence, and the Contractor will be required to remain on
21 the jobsite until the replacement 30-inch sanitary sewer line is installed and functioning properly.
22 The City expects the Contractor to have a sense of urgency to complete the Work in a timely
23 manner.
24 Article 4. CONTRACT PRICE
25 City agrees to pay Contractor for performance of the Work based on Contractor's invoice an
26 amount up to Two Hundred Sixty Thousand Dollars ($260,000.00). This figure may be amended
27 up or down as final invoices are received.
28 Article 5. CONTRACT DOCUMENTS
29 5.1 CONTENTS:
30 The Contract Documents which comprise the entire agreement between City and
31 Contractor concerning the Work consist of the following:
32 1. This Agreement.
33 2. Exhibits to this Agreement:
34 a. Invoice(s)(as received)
35 b. Evidence of Current Insurance
36 c. Current Prevailing Wage Rate Table incorporated by reference.
37 3. General Conditions incorporated by reference
38
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Agreement
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40 Article 6. INDEMNIFICATION
41 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own
42 expense, the city, its officers, servants and employees, from and against any and all
43 claims arising out of, or alleged to arise out of, the work and services to be performed
44 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees
45 under this contract. This indemnification provision is specifically intended to operate
46 and be effective even if it is alleged or proven that all or some of the damages beim
47 sought were caused, in whole or in part, by any act, omission or negligence of the city.
48 This indemnity provision is intended to include, without limitation, indemnity for
49 costs, expenses and legal fees incurred by the city in defending against such claims and
50 causes of actions.
51
52 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense,
53 the city, its officers,servants and employees, from and against any and all loss, damage
54 or destruction of property of the city, arising out of,or alleged to arise out of, the work
55 and services to be performed by the contractor, its officers, agents, employees,
56 subcontractors, licensees or invitees under this contract. This indemnification
57 provision is specifically intended to operate and be effective even if it is alleged or
58 proven that all or some of the damages being sought were caused, in whole or in part,
59 by any act, omission or negligence of the city.
60
61 Article 7. MISCELLANEOUS
62 7.1 Terms.
63 Terms used in this Agreement which are defined in Article 1 of the General Conditions will
64 have the meanings indicated in the General Conditions.
65 7.2 Assignment of Contract.
66 This Agreement, including all of the Contract Documents may not be assigned by the
67 Contractor without the advanced express written consent of the City.
68 7.3 Successors and Assigns.
69 City and Contractor each binds itself, its partners, successors, assigns and legal
70 representatives to the other party hereto, in respect to all covenants, agreements and
71 obligations contained in the Contract Documents.
72 7.4 Severability.
73 Any provision or part of the Contract Documents held to be unconstitutional, void or
74 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all
75 remaining provisions shall continue to be valid and binding upon CITY and
76 CONTRACTOR.
77 7.5 Governing Law and Venue.
78 This Agreement, including all of the Contract Documents is performable in the State of
79 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the
80 Northern District of Texas,Fort Worth Division.
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Agreement
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81 7.6 Other Provisions.
82 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is
83 classified, promulgated and set out by the City.
84 7.7 Authority to Sign.
85 Contractor shall attach evidence of authority to sign Agreement, if other than duly
86 authorized signatory of the Contractor.
87
88 IN WITNESS WHEREOF, City and Contractor have signed this Agreement in multiple
89 counterparts. At least one counterpart of each has been delivered to City and Contractor.
90
91 This Agreement will be effective as of the date Contractor first performed the Work contemplated
92 herein.
93
City of Fort Worth
Contractor: Conaster Construction TX, LP
By:
yr Fernando Costa
B Assistant City Manager
(SignatuT
Title: Date
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(Printed Name)
Date -7—) —15— Attest:J,
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Address:
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City/State/Zip: Approved as to Form and Le �OO�Gpp,pp00
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Douglas W. Black
Assistant City Attorney
94 M&C
95 Date
96
97 APPROVAL RECOMMENDED:
98
99
1.00
101 J;00
Carman
102 DECTOR, WATER DEPARTMENT
103 1 Throckmorton, Fort Worth, TX-76102
104
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX