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HomeMy WebLinkAboutContract 48109 CITY SECREETAW 005243-1 ECEIVEd CONTRACT NO. Agreement AUG 2 2 2016 Page t of 3 "7 SECTION 00 52 43 YSEIIMY 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., DB/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 a necessary and replace approximately 400 linear feet of 24-inch 12 sanitary sewer line(M-252)to repair the sewer line and disturbed areas(the"Work"). 13 Article 2.PROJECT 14 15 Recent rains in May and June, 2016 resulted in approximately 150 linear feet of the 24-inch clay 16 sanitary sewer pipe (parallel and offset from Mary's creek installed in 1956 and providing service 17 to areas in far west Fort Worth) being washed out, resulting in a sanitary sewer overflow into 18 Mary's Creek. 19 20 Article 3. CONTRACT TIME 21 3.1 Time is of the essence. 22 Contractor recognizes that time is of the essence, and the Contractor will be required to remain on 23 the jobsite during until the sewer main is repaired and functioning properly. The City expects the 24 Contractor to have a sense of urgency to complete the Work in a timely manner. 25 Article 4. CONTRACT PRICE 26 City agrees to pay Contractor for performance of the Work based on Contractor's invoice an 27 amount up to Two Hundred and Fifty Thousand Dollars ($250,000.00). This figure may be 28 adjusted up or down as final invoices are received. 29 Article 5. CONTRACT DOCUMENTS 30 5.1 CONTENTS: 31 The Contract Documents which comprise the entire agreement between City and 32 Contractor concerning the Work consist of the following: 33 1. This Agreement. 34 2. Exhibits to this Agreement: 35 a. Invoice(s)(as received) 36 b. Evidence of Current Insurance 37 c. Current Prevailing Wage Rate Table incorporated by reference. 38 3. General Conditions incorporated by reference 39 40 Article 6.INDEMNIFICATION OFFICIAL RECORD CITY SECRETARY Emergency Agreement—Streambank Stabilization for 90" SS Lines FT WORTH, TX 005243-2 Agreement Page 2 of 3 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 alleged 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—Streambank Stabilization for 90" SS Lines 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 37C By: Jesuel.Chapa By: Assistant City Manager (Signature) OF F®� Title:`, , Date (Printed acne) i �C Date Attest: 9"cr4,a�y �S Address: (Seal) City/State/Zip: Approved as to Form and Legality: Douglas W.Black Sr. Assistant City Attorney 93 M&C N/A 94 Date N/A 95 96 APPROVAL RECOMMENDED: 97 zl�L 99 Chris Harder,P.E. 100 OFFICIAL RECORD Acting Assistant Director, Water Department 101 CITY SECRETARY 102 FT.WORTH, TX Emergency Agreement—Streambank Stabilization for 90" SS Lines INTEROFFICE MEMO DATE: JUNE 23,2016 TO: JESUS CHAPA,ASSISTANT CITY MANAGER DOUG BLACK, SR.ASSISTANT CITY ATTORNEY FROM: CARMAN, WATER DIRECTOR SUBJECT: MARY'S CREEK SEWER COLLAPSE—EMERGENCY RESPONSE A 24" sewer line placed parallel and offset from Mary's Creek was installed in 1956 which provides sewer collection service to areas in far west Fort Worth. With the recent heavy rains and associated flooding,approximately 100 linear feet of the 24"clay sewer pipe was washed out, resulting in a sanitary sewer overflow into Mary's Creek. Bypass pumping operations were initiated in order to stop the overflow and will continue until a new sewer line can be installed. The replacement sewer line will be moved further away from Mary's Creek and will consist of approximately 300 linear feet of 24"modern pipe. The anticipated cost for this work is $250,000. Staff will perform the engineering, survey, and easement work activities. The emergency bypass pumping cost associated with this work is anticipated to be approximately$50,000. Waiting to bid and award a contract to replace the washed out sewer line and perform emergency bypass pumping 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 pump rental and construction services. The total cost associated with this emergency is estimated to be$300,000. A confirming M&C will be circulated to ratify the above activities after the work has been performed. APPROVED FOR EMERGENCY PROCUREMENT: ,[ Recommended: t/w r /� C man,D' ctor, Water Dept. Approved As To Form and Legality: Douglas B]X, Assistant City Attorney Approved: Jack Da e P rchasing Manager Approved: Jesus J.Chapa,Assistant City anager Emergency-Ma-ry's Creek 24"SS Line Break CIRCLE C CONSTRUCTION PO BOX 40328 FORT WORTH, TEXAS 76140 3-Aug-16 Mr. Robert Sauceda, P.E. City of Fort Worth 1000 Throckmorton Street Fort Worth,Texas 76140 RE: Sewer Line Repair Mary's Creek 1 Mobilization 2 EA $ 2,000.00 $ 4,000.00 2 Installation of 24" PVC Sewer Provided by City 465 LF $ 85.00 $ 39,525.00 3 5' Dia Manhole 6 EA $ 5,500.00 $ 33,000.00 4 4' Dia Manhole 1 EA $ 4,500.00 $ 4,500.00 5 Manhole Collar 6 EA $ 350.00 $ 2,100.00 6 Remove Manhole 3 EA $ 1,000.00 $ 3,000.00 7 Trench Safety 465 LF $ 5.00 $ 2,325.00 8 Remove& Install Exist Fence 500 LF $ 25.00 $ 12,500.00 9 Hydromulch 500 LF $ 5.00 $ 2,500.00 10 Gates 3 EA $ 1,500.00 $ 4,500.00 11 Clear ROW 500 LF $ 35.00 $ 17,500.00 12 Deholes 2 EA $ 2,000.00 $ 4,000.00 13 Grout Exist Pipe 465 LF $ 25.00 $ 11,625.00 14 Curlex&Sediment Logs for Erosion Control&Silt 1 LS $ 3,500.00 $ 3,500.00 Fence 15 Assist City w/ Bypass Piping 1 LS $ 3,850.00 $ 3,850.00 16 Post TV 465 LF $ 5.00 $ 2,325.00 Total Sewer $ 150,750.00 Sincerely, Teri Skelly Circle C Construct,