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HomeMy WebLinkAboutContract 48977 CITY SECRETARY�/��✓lr' 1 CONTRACT NO. / Agreement Page 1 of 3 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 municipality acting by 5 and through its duly authorized City Manager, ("City"), and WILLIAM J. SCHULTZ, INC., D/B/A CIRCLE 6 "C" CONSTRUCTION COMPANY, a corporation authorized to do business in Texas, acting by and through 7 its duly authorized representative ("Contractor"). City and Contractor, in consideration of the mutual covenants 8 hereinafter set forth, agree as follows: 9 Article 1.WORK 10 Contractor shall install a sanitary sewer line on Valley View Drive from mid-block to Westridge Drive to replace 11 a portion of sewer lateral (L-3792) that has collapsed, thereby eliminating sewer back-up problems to residents 12 connected to the lateral. 13 Article 2.PROJECT 14 15 Over the past several years, Water Field Operations (WFO) staff have responded to numerous calls from residents 16 on Valley View Drive who are currently served by L-3792, a 6-inch concrete and cast iron sewer line installed in 17 1951. A portion of the lateral is deteriorated beyond repair and causing sewer back-ups to some residents. WFO 18 is no longer able to maintain the lateral. 19 Article 3. CONTRACT TIME 20 3.1 Time is of the essence. 21 Contractor recognizes that time is of the essence, and the Contractor will be required to remain on the jobsite until 22 the lateral sewer is replaced and sewer service is restored. The City expects the Contractor to have a sense of 23 urgency to complete the Work in a timely manner. 24 Article 4. CONTRACT PRICE 25 City agrees to pay Contractor for performance of the Work based on Contractor's invoice an amount up to Six 26 Hundred Thousand Dollars ($600,000.00)This figure e may be adjusted up or 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 Contractor concerning 30 the Work consist of the following: 31 1. This Agreement. 32 2. Exhibits to this Agreement: 33 a. Approved Invoice 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 Article 6. MEIVINI 41CATION EWOFMIAOFFICIAL.RECORO Emergency Agreement—Emergency Sewer Replacement on Valley View DriveCRY"I TX -2 Agreement Page 2 of 3 39 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its 40 officers,servants and employees,from and against any and all claims arising out of, or alleged to arise 41 out of, the work and services to be performed by the contractor, its officers, agents, employees, 42 subcontractors, licenses or invitees under this contract. This indemnification provision is specifically 43 intended to operate and be effective even if it is alleged or proven that all or some of the damages 44 being sought were caused, in whole or in part, by any act, omission or negligence of the city. This 45 indemnity provision is intended to include,without limitation, indemnity for costs, expenses and legal 46 fees incurred by the city in defending against such claims and causes of actions. 47 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its 48 officers,servants and employees,from and against any and all loss,damage or destruction of property 49 of the city, arising out of, or alleged to arise out of, the work and services to be performed by the 50 contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract. 51 This indemnification provision is specifically intended to operate and be effective even if it is alleged 52 or proven that all or some of the damages being sought were caused, in whole or in part, by any act, 53 omission or negligence of the city. 54 55 Article 7. MISCELLANEOUS 56 7.1 Terms. 57 Terms used in this Agreement which are defined in Article I of the General Conditions will have the 58 meanings indicated in the General Conditions. 59 7.2 Assignment of Contract. 60 This Agreement, including all of the Contract Documents may not be assigned by the Contractor without 61 the advanced express written consent of the City. 62 7.3 Successors and Assigns. 63 City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other 64 party hereto, in respect to all covenants, agreements and obligations contained in the Contract Documents. 65 7.4 Severability. 66 Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a 67 court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be 68 valid and binding upon CITY and CONTRACTOR. 69 7.5 Governing Law and Venue. 70 This Agreement;including all of the Contract Documents is performable in the State of Texas. Venue shall 71 be Tarrant County, Texas, or the United States District Court for the Northern District of Texas, Fort Worth 72 Division. 73 .7.6 Other Provisions. 74 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is classified, 75 promulgated and set out by the City. 76 7.7 Authority to Sign. 77 Contractor shall attach evidence of authority to sign Agreement, if other than duly authorized signatory of 78 the Contractor. Emergency Agreement—Emergency Sewer Replacement on Valley View Drive -3 Agreement Page 3 of 3 79 80 IN WITNESS WHEREOF, City and Contractor have signed this Agreement in multiple counterparts. At least 81 one counterpart of each has been delivered to City and Contractor. 82 83 This Agreement will be effective on the last date subscribed by a signatory(which is the Effective Date of the 84 Agreement). 85 City of Fort Worth Contractor: WILLIAM J. SCHULTZ,INC.,D/B/A CIRCLE"C"CONSTRUCTION COMPANY 1,4 By: � Jesus J. Chapa By: Assistant City Manager (Signature) / Title: , Date (Printed ame) Attest: i cr ary �F-n?, ,•OR Address: /�D, ,�o.Y X037 8 \y � (Seal) U; 0 City/State/Zip: Approved as to Form and Legality: ' Date *0'- 7-/ 725vo(�> �xAS Dou Black Senior Assistant City Attorney 86 M&CqA-- 87 Date 88 89 APPROVAL RECOMMENDED: 90 91 92 93 Chris Harder, P.E. 94 Assistant Director,Water Department Emergency Agreement—Emergency Sewer Replacement on Valley View Drive INTEROFFICE MEMO DATE: MARCH 16,2017 TO: JESUS CHAPA, ASSISTANT CITY MANAGER DOUG BLACK, SR. ASSISTANT CITY ATTORNEY FROM: CARMAN, WATER DIRECTOR SUBJECT: EMERGENCY REPLACEMENT—VALLEY VIEW DRIVE SEWER LINE On March S, 2017, the Water Department received an e-mail from the resident at 6101 Valley View expressing frustration over the lack of progress in eliminating sewer backups at her property. That residence is served off a 6" concrete and cast iron sewer line (L-3792) that was installed in 1951. For the past few years, Water Field Operations has responded to numerous calls from residents connected to this sewer line complaining of sewer backups. The sewer line is located in a heavily landscaped and vegetated area. At several locations, the sewer line is located underneath building foundations and retaining walls with minimal cover, which makes rehabilitation by pipe bursting infeasible due to the potential for structural damage to foundations. Sewer backups into residences are a health and safety concern. In order to resolve this situation quickly, the recommendation is to retain a qualified contractor to make a trenchless repair of the existing sewer line located to the east of Westridge, install a new sewer line by both tunneling and open cut methods and connect to the existing sewer line in Ridglea Drive, and replace and regrade portions of the existing sewer line in Valley View. Seven lots will have their sewer services transferred from the existing sewer main currently running under their houses to the sewer main in Valley View. Transferring these services will involve installation of individual lot grinder pumps. The grinder pumps, electrical panels, and sewer services will be installed by the Water Department's Contractor and then turned over to the property owner for ownership and maintenance. It is beyond the capacity of Water Department staff to perform sewer construction of this difficulty and complexity involving trenchless pipe repair, grinder puunp installation, electrical work, and sewer tunneling. Therefore the Water Department has contacted Circle C Construction TX, L.P.to perform the work. Waiting to bid and award a contract to perform an immediate replacement of this line is not in 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 construction services. The total cost associated with this emergency is estimated to be $600,000. A confirming M&C will be circulated to ratify the above activities after the work has been performed. APPROVED FOR EMERGENCY PROCUREMENT: Recommended: Ca man, D ect r,Water Dept. i Approved As To Form and Legality: Douglas W Black, Sr.Assistant City Attorney Approved: Jac ale,Purchasing Manager Approved: Jesus J. Chapa,Assistant City a ger ,Harder, Christopher From: Norwood,Walter P Sect: Thursday, March 09,2017 9:52 AM To: Sholola,Tony Subject: FW: City's sewer line in my yard FYI From:Valerie [mailto:vall<allen(@sbcglobal.netj Sent:Wednesday, March 08,2017 2:43 PM To:Norwood,Walter P Subject: RE:City's sewer line in my yard Walter, I am still having problems with the City's sewer line.As you may recall,my next neighbor(Robert McCan, west side of my home)had similar problems with the City's sewer line. I am SO VERY ANGRY because there was so much digging and labor to install four separate drains/cleanouts/covers in MY BACKYARD to alleviate Robert's sewer problem but none of the four"eyesores" created to remedy Robert's problem benefited me at all. I hired a plumber to educate me on why and for whom the City created the drains/cleanouts/covers.He told me that unless the City replaces its corroded,antiquated line that MY LINE feeds into, anything he fixes on my end will be for nothing and I will continue to experience the same backup and flooding problems. Walter, I pay more than my fair share of property taxes in my neighborhood on my mother's house and my house (6120 Sharon Road and 6101 Valley View Drive). I actually pay more property taxes than both of my male next door neighbors pay in property taxes COMBINED and they've received the repairs they requested/needed. I have waited for more than a year and have received NOTHING? I've been patient to no avail.I am tired of waiting for the City to replace its sewer line. I am tired of being treated like a second-class citizen. I am tired of the City ignoring this problem..If the City does not replace its line within the next two weeks,I will be contacting the news outlets and will hire an attorney to deal with this problem. Valerie K. Allen 6101 Valley View Drive Fort Worth,TX 76116 817-980-6423 i Z�. N ���l.LS31V� � �• . �, T r.m VN r o v✓ X qy o � Z3 H{ • u _ r co - ' (D o L < 0 1. 's W `S E'J o - •a O o 7101 d O Q O y VV T ' X n 3 CD �• (D v70 Q( X d Q N O 7 Q ` 41i X. (n rJ r J+ 5 0C (D (D .•. Lu cn m r .o CD �D - ((�� m L In 0 � � �. 2, 3 s ( n 'd, F' tA m •i x 8.. a ` —s Page 1 of 1 oRT WORTH CITY OF FORT WORTH P.O.DATE: 4/5/2017 Purchase Order Purchase Order Number POA 7-00098738 SHOW THIS NUMBER ON ALL PACKAGES,INVOICES AND SHIPPING PAPERS. V Vendor Number:0000007744 WATER DEPARTMENT E CIRCLE C CONSTRUCTION COMPANY S WATER&SEWER ADMINISTRATION N CIRCLE C CONSTRUCTION COMPANY H 200 Texas P O BOX 40328 1 FORT WORTH,TX 76102 D FORT WORTH,TX 76140 p 0 O Phone: (817)392-1111 IRI 1 INVOICES: Direct invoices in DUPLICATE to the address shown. MAIL INVOICE IN DUPLICATE TO: STANDARD PURCHASING TERMS AND CONDITIONS set forth in the B WATER DEPARTMENT City of Fort Worth's Bid or Quotation, are incorporated herein by I WATER&SEWER ADMINISTRATION reference and become a part of this order. L 200 Texas L FORT WORTH,TX 76102 T O Phone: (817)392-1111 Account Code:56001-0707001-5330201----- Payment Terms: Net 30 Shipping Terms: Destination,Prepaid&Allowed Bid No.: Delivery Calendar Day(s)A.R.O.: 0 Item Class-Item Requisition Quantity Unit Unit Price Total # Class-Item 913-61 1 Emergency Repair-Valley View Drive Sewer Line-PM Walter Norwood 1 EA $600,000.00 $600,000.00 LN/FY/Account Code Dollar Amount 1117/56001-0707001-5330201----- $600,000.00 TOTAL: $600,000.00 APPROVED: Rev.20091027 By: Jane Rogers Phone#: (817)392-8385 BUYER Contract Compliance Manager By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. ( 0� G Signature )PKD., Name of Employee Title