HomeMy WebLinkAboutContract 48413 3TY SECRETARYL �(L
GUMTRAIM NO. 00 52 43-1
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
7 through its duly authorized representative("Contractor"). City and Contractor, in consideration of
8 the mutual covenants hereinafter set forth, agree as follows:
9 Article 1.WORK
10 Beginning on November 7, 2016, contractor shall excavate as necessary and replace
11 approximately 300 linear feet of 54-inch sanitary sewer main to repair existing sanitary sewer
12 main(M-272-B) (the"Work").
13 Article 2.PROJECT
14
15 On November 1, 2016, an existing sanitary main (M-272-B) collapsed in Trinity Park, south of
16 the Lancaster Avenue Bridge. Bypass pumping of the wastewater flow is necessary in order to
17 replace the existing concrete pipe with new fiberglass reinforced polymer pipe.which is more
18 resistant to corrosion.
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 until the replacement of the 54-inch sewer main is installed and functioning properly.
24 The City expects the Contractor to have a sense of urgency to complete the Work in a timely
25 manner.
26 Article 4. CONTRACT PRICE
27 City agrees to pay Contractor for performance of the Work based on Contractor's invoice an
28 amount up to Three Hundred Thousand Dollars ($300,000.00). This figure may be adjusted up or
29 down as final invoices are received.
30 Article 5. CONTRACT DOCUMENTS
31 5.1 CONTENTS:
32 The Contract Documents which comprise the entire agreement between City and
33 Contractor concerning the Work consist of the following:
34 1. This Agreement.
35 2. Exhibits to this Agreement:
36 a. Invoice(s)(as received)
37 b. Evidence of Current Insurance
38 c. Current Prevailing Wage Rate Table incorporated by reference.
39 3. General Conditions incorporated by reference
40
41 Article 6.INDEMNIFICATION OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
Emergency Agreement—Trinity Park 54-inch Collapse
005243-2
Agreement
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42 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own
43 expense, the city, its officers, servants and employees, from and against any and all
44 claims arising out of, or alleged to arise out of, the work and services to be performed
45 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees
46 under this contract. This indemnification provision is specifically intended to operate
47 and be effective even if it is alleged or proven that all or some of the damages being
48 sought were caused, in whole or in part, by any act, omission or negligence of the city.
49 This indemnity provision is intended to include, without limitation, indemnity for
50 costs, expenses and legal fees incurred by the city in defending against such claims and
51 causes of actions.
52
53 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense,
54 the city,its officers,servants and employees,from and against any and all loss, damage
55 or destruction of property of the city, arising out of, or alleged to arise out of,the work
56 and services to be performed by the contractor, its officers, agents, employees,
57 subcontractors, licensees or invitees under this contract. This indemnification
58 provision is specifically intended to operate and be effective even if it is alleged or
59 proven that all or some of the damages being sought were caused, in whole or in part,
60 by any act,omission or negligence of the city.
61
62 Article 7. MISCELLANEOUS
63 7.1 Terms.
64 Terms used in this Agreement which are defined in Article 1 of the General Conditions will
65 have the meanings indicated in the General Conditions.
66 7.2 Assignment of Contract.
67 This Agreement, including all of the Contract Documents may not be assigned by the
68 Contractor without the advanced express written consent of the City.
69 7.3 Successors and Assigns.
70 City and Contractor each binds itself, its partners, successors, assigns and legal
71 representatives to the other party hereto, in respect to all covenants, agreements and
72 obligations contained in the Contract Documents.
73 7.4 Severability.
74 Any provision or part of the Contract Documents held to be unconstitutional, void or
75 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all
76 remaining provisions shall continue to be valid and binding upon CITY and
77 CONTRACTOR.
78 7.5 Governing Law and Venue.
79 This Agreement, including all of the Contract Documents is performable in the State of
80 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the
81 Northern District of Texas,Fort Worth Division.
Emergency Agreement—Trinity Park 54-inch Collapse
005243-3
Agreement
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82 7.6 Other Provisions.
83 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is
84 classified,promulgated and set out by the City.
85 7.7 Authority to Sign.
86 Contractor shall attach evidence of authority to sign Agreement, if other than duly
87 authorized signatory of the Contractor.
88
89 IN WITNESS WHEREOF, City and Contractor have signed this Agreement in multiple
90 counterparts. At least one counterpart of each has been delivered to City and Contractor.
91
92 This Agreement will be effective as of the date Contractor first performed the Work contemplated
93 herein.
94
City of Fort Worth
Contractor: Conatser Construction TX,LP
By:
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4Jesukl. hapa
By: Assistant City Manager
(Signature)
Title: ''77 Date � cp
F,"e4n e
(Printed Name)
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Date Attest: & 0,0400°Z "
i ec taffy °a° o
Address:
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City/State/Zip: Approved as to Form and Legality: XAS
4 1G
Douglas W.Black
Senior Assistant City Attorney
95 M&C N/A
96 Date NIA
97
98 APPROVAL RECOMMENDED:
99
100 Com`` 4,
101 Chris Harder,P.E.
102 Acting Assistant Director, Water Department
103
104
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
Emergency Agreement—Trinity Park 54-inch Collapse
INTEROFFICE MEMO
DATE: NOVEMBER 3,2016
TO: JESUS CHAPA,ASSISTANT CITY MANAGER
DOUG BLACK, SR. ASSISTANT CITY ATTORNEY
FROM: CARMAN, WATER DIRECTOR
SUBJECT: TRINITY PARK 54" SEWER COLLAPSE—EMERGENCY RESPONSE
On November 1, 2016, City staff discovered an existing 54-inch diameter sanitary sewer main
(M-272-B) collapse in Trinity Park, south of the Lancaster Bridge. The collapsed sewer segment
is a concrete pipe installed in the 1960's. Wastewater from the collapsed section is currently
contained within the pipe, though the area around the collapse is unstable and will need to be
restricted from public access.
It is estimated that approximately 300 linear feet of the collapsed and corroded 54-inch concrete
pipe will need to be replaced as part of the emergency response. Bypass pumping of the
wastewater flow will need to be performed in order to replace the existing concrete pipe with
new fiberglass reinforced polymer pipe that is much more resistant to corrosion. It is beyond the
capacity of Water Department staff to perform repairs of this size and length. Therefore the
Water Department has contacted Conatser Construction TX, L.P. to perform the pipe
replacement.
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:
C an,Director,Water Dept.
Approved As To Form and Legality: l l - q-i
Douglas W BlaC Sr.Assistant City Attorney
Approved: `Z
Jac Dale,Purchasing Manager
Approved:
Jesus J. Chapa,Assistant City Ma ager