HomeMy WebLinkAboutContract 47978 CITY SECRETARY jq,
'""ONTRACT NO. 005243 4 -1
Agreement
.W" Page 1 of 3
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 WILLIAM
6 J. SCHULTZ, INC., D/B/A CIRCLE "C" CONSTRUCTION COMPANY, a corporation
7 authorized to do business in Texas, acting by and through its duly authorized representative
8 ("Contractor"). City and Contractor, in consideration of the mutual covenants hereinafter set
9 forth, agree as follows:
10 Article 1. WORK
11 Contractor shall excavate as necessary and repair/replace approximately 500 linear feet of 42-inch
12 water main at I-30 and Beach Street to repair the water main and disturbed areas (the "Work").
13 Article 2.PROJECT
14 On June 5, 2015, a 42-inch water transmission main under I-30 at Beach Street ruptured. The
15 failure is thought to be under the Interstate requiring enhanced exploration and excavation
16 techniques in order to evaluate the damage and reach the ruptured segment of the 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 42-inch water main line is repaired and functioning properly. The City
22 expects the Contractor to have a sense of urgency to complete the Work in a timely manner.
23 Article 4. CONTRACT PRICE
24 City agrees to pay Contractor for performance of the Work based on Contractor's invoice an
25 amount up to Five Hundred Thousand Dollars ($500,000.00). This figure may be adjusted up or
26 down as final invoices are received.
27 Article 5. CONTRACT DOCUMENTS
28 5.1 CONTENTS:
29 The Contract Documents which comprise the entire agreement between City and
30 Contractor concerning the Work consist of the following:
31 1. This Agreement.
32 2. Exhibits to this Agreement:
33 a. Invoice(s)(as received)
34 b. Evidence of Current Insurance
35 c. Current Prevailing Wage Rate Table incorporated by reference.
36 3. General Conditions incorporated by reference
37
38
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
Emergency Agreement—42"Main Break at I-30 and Beach St. -----��`
005243-2
Agreement
Page 2 of 3
39 Article 6.INDEMNIFICATION
40 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own
41 expense, the city, its officers, servants and employees, from and against any and all
42 claims arising out of, or alleged to arise out of, the work and services to be performed
43 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees
44 under this contract. This indemnification provision is specifically intended to operate
45 and be effective even if it is alteged or proven that all or some of the damages being
46 sought were caused, in whole or in part, by any act, omission or negligence of the city.
47 This indemnity provision is intended to include, without limitation, indemnity for
48 costs,expenses and legal fees incurred by the city in defending against such claims and
49 causes of actions.
50
51 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense,
52 the city,its officers,servants and employees,from and against any and all loss,damage
53 or destruction of property of the city,arising out of,or alleged to arise out of, the work
54 and services to be performed by the contractor, its officers, agents, employees,
55 subcontractors, licensees or invitees under this contract. This indemnification
56 provision is specifically intended to operate and be effective even if it is alleged or
57 proven that all or some of the damages being sought were caused, in whole or in part,
58 by any act,omission or negligence of the city.
59
60 Article 7. MISCELLANEOUS
61 7.1 Terms.
62 Terms used in this Agreement which are defined in Article 1 of the General Conditions will
63 have the meanings indicated in the General Conditions.
64 7.2 Assignment of Contract.
65 This Agreement, including all of the Contract Documents may not be assigned by the
66 Contractor without the advanced express written consent of the City.
67 7.3 Successors and Assigns.
68 City and Contractor each binds itself, its partners, successors, assigns and legal
69 representatives to the other party hereto, in respect to all covenants, agreements and
70 obligations contained in the Contract Documents.
71 7.4 Severability.
72 Any provision or part of the Contract Documents held to be unconstitutional, void or
73 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all
74 remaining provisions shall continue to be valid and binding upon CITY and
75 CONTRACTOR.
76 7.5 Governing Law and Venue.
77 This Agreement, including all of the Contract Documents is performable in the State of
78 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the
79 Northern District of Texas, Fort Worth Division.
Emergency Agreement—42"Main Break at I-30 and Beach St.
005243-3
Agreement
Page 3 of 3
80 7.6 Other Provisions.
81 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is
82 classified, promulgated and set out by the City.
83 7.7 Authority to Sign.
84 Contractor shall attach evidence of authority to sign Agreement, if other than duly
85 authorized signatory of the Contractor.
86
87 IN WITNESS WHEREOF, City and Contractor have signed this Agreement in multiple
88 counterparts. At least one counterpart of each has been delivered to City and Contractor.
89
90 This Agreement will be effective as of the date Contractor first performed the Work contemplated
91 herein.
92
City of Fort Worth
Contractor: William J. Schultz, Inc., d/b/a
Circle "C"Construction Company
Jesus
Jesus J. Chapa
By: Assistant City Manager
(Signature)
Title:��� Date
(Printed Name)
Date Attest:
ko e eta ¢ORr
Address:
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City/State/Zip: Approved as to Form and Leg
VOf•0�/p000
Douglas W. Black
93 M&C ry
'rA. —ea& A" Sr. Assistant City Attorney
I�
94 Date
95
96 APPROVAL RECOMMENDED:
9798
/
99 /(Z
100 Chris Harder, P.E.
101 Acting Assistant Director, Water Department
102
OFFICIAL RECORD
CITY SECRETARY
Emergency Agreement—42"Main Break at I-30 and Beach St, FT.WORTH, TX
CIRCLE C CONSTRUCTION
PO BOX 40328
FORT WORTH, TEXAS 76140
30-Jun-16
Mr Tony Sholola, P.E.
City of Fort Worth
1000 Throckmorton Street
Fort Worth,Texas 76140
RE: Emergency Replacement of 42"Water Main
Beach Street and IH-30
1 Mobilization 1 EA $ 5,000.00 $ 5,000.00
2 Removal of existng 42" Conc Cyl Pipe 560 LF $ 60.00 $ 33,600.00
3 Installation of 42" Polyurethane Steel Pipe 560 LF $ 565.00 $ 316,400.00
4 72"Tunnel Liner 40 LF $ 950.00 $ 38,000.00
5 42" Waterline Connection 2 EA $ 13,500.00 $ 27,000.00
6 42" Butterfly Valve Vault Modification 1 LF $ 22,500.00 $ 22,500.00
7 Repair of Concrete Rip Rap Per TXDOT 1500 SF $ 12.00 $ 18,000.00
Total $ 460,500.00
As we do not know the condition of the existing tunnel liner,there may be
additonal charges for repair and or replacement.
Sincerer
Teri Skelly
INTEROFFICE MEMO
DATE: JUNE 6,2016
TO: JESUS CHAPA,ASSISTANT CITY MANAGER
DOUG BLACK,ASSISTANT CITY ATTORNEY
FROM: CARMAN, WATER DIRECTOR
SUBJECT: 42"EASTSIDE WATER MAIN BREAK UNDER IH 30—EMERGENCY RESPONSE
A 42" pre-stressed concrete pipe was installed within a tunnel liner plate in 1982 under IH 30 near the intersection
with Beach Street. This 42"pipeline is one of the major transmission mains moving water from the Rolling Hills
Water Treatment Plant to the North Beach Reservoir. On the night of June 5`h, the 42" main broke in at least one
section,apparently within the tunnel under the IH 30 Freeway and/or under the westbound on-ramp. The pressure in
this pipeline normally exceeds 120 psi, so the resulting damage from this main break is extensive. Water Field
Operations was able to respond to the break quickly by valving off and isolating the 42"main. The quick response
prevented more widespread damage, operational problems,and impacts to the IH 30 traffic flow.
Waiting to bid a contract to replace the broken pipe and repair the damage resulting from the main break is not the
best interest of the health and safety of the City of Fort Worth. Chapter 2,Article I,Section 2-9 of the City's Code of
Ordinances and Section 252.022 of the Local Government Code exempts from normal bidding requirements
expenditures that are necessary to preserve or protect public health or safety of the municipality's residents; and
procurements necessary because of unforeseen damage to public machinery,equipment,or property.
This memo is submitted to request authorization for emergency procurement of engineering and construction
services to replace approximately 500 linear feet of the pre-stressed pipeline under the IH 30 Freeway and to repair
damage to TXDOT facilities within the IH 30 right of way. Cost is currently estimated to be approximately
$500,000.
A confirming M&C will be circulated to authorize each of the above activities.
APPROVED FOR EMERGENCY PROCUREMENT:
Recommended:
Ca an,Director,V ater Dept.
Approved As To Form and Legality
D Black,Sr. istant City Attorney
Approved:
Da urchasing IVlana er
Approved: ��
Jesus J.Chapa,Assistant City plan er