HomeMy WebLinkAboutContract 49063 d� • ' bg \,. CITY SECRETARY Agreement
, i CONTRACT NO. Page r of 3
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SECTION 00 52 43
2 _w- 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 Tejas Commercial Construction, LLC, a
6 corporation authorized to do business in Texas, acting by and through its duly authorized representative
7 ("Contractor"). City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as
8 follows:
9 Article 1. WORK
10 Contractor shall conduct temporary repair of the existing 8-in sanitary sewer main by removing some of the creek
11 over—burden and encasing the exposed main in concrete.
12 Article 2.PROJECT
13
14 On February 17, 2017, the Water Department received an e-mail from the resident at 401 Canyon Creels
15 Trail advising of an exposed 8-inch clay sanitary sewer main on the opposite side of the creek behind his
16 residence, upon investigation, it was discovered that erosion had undermined the creek bank over the
17 past few months and exposed the clay pipe such that it was susceptible to being hit and broken apart
18 (resulting in sewage discharge into the creek) by debris floating down the creek.
19 A temporary repair of the existing sewer line is necessary to remove some of the creek over-burden and
20 encasing the pipe with concrete. Staff will utilize Deotte Engineering Inc., who has an on-going design
21 services contract with the City, to design a permanent solution to protect the sewer main.
22 Article 3. CONTRACT TIME
23 3.1 Time is of the essence.
24 Contractor recognizes that time is of the essence, and the Contractor will be required to remain on the jobsite until
25 the 30-inch sanitary sewer main is repaired and sewer service is restored. The City expects the Contractor to have
26 a sense of urgency to complete the Work in a timely manner.
27
28 Article 4. CONTRACT PRICE
29 City agrees to pay Contractor for performance of the Work based on Contractor's invoice an amount up to
30 Seventy Thousand Dollars ($70,000.00) This figure may be amended up or down as final invoices are received.
31 Article 5. CONTRACT DOCUMENTS
32 5.1 CONTENTS:
33 The Contract Documents which comprise the entire agreement between City and Contractor concerning
34 the Work consist of the following:
35 1. This Agreement.
36 2. Exhibits to this Agreement:
37 a. Approved Invoice
38 b. Evidence of Current Insurance
39 c. Current Prevailing Wage Rate Table incorporated by reference. OFFICIAL RECORD
CITY SECRETARY
FTe WORTH,TX
2
Agreement
Page 2 of 3
40 3. General Conditions incorporated by reference
41
42 Article 6. INDEMNII+'ICATION
43 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its
44 officers,servants and employees, from and against any and all claims arising out of, or alleged to arise
45 out of, the work and services to be performed by the contractor, its officers, agents, employees,
46 subcontractors, licenses or invitees under this contract. This indemnification provision is specifically
47 intended to operate and be effective even if it is alleged or proven that all or some of the damages
48 being sought were caused, in whole or in part, by any act, omission or negligence of the city. This
49 indemnity provision is intended to include,without limitation, indemnity for costs, expenses and legal
50 fees incurred by the city in defending against such claims and causes of actions.
51 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its
52 officers,servants and employees,from and against any and all loss, damage or destruction of property
53 of the city, arising out of, or alleged to arise out of, the work and services to be performed by the
54 contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract.
55 This indemnification provision is specifically intended to operate and be effective even if it is alleged
56 or proven that all or some of the damages being sought were caused, in whole or in part, by any act,
57 omission or negligence of the city.
58
59 Article 7. MISCELLANEOITS
60 7.1 Terms.
61 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the
62 meanings indicated in the General Conditions.
63 7.2 Assignment of Contract.
64 This Agreement, including all of the Contract Documents may not be assigned by the Contractor without
65 the advanced express written consent of the City.
66 7.3 Successors and Assigns.
67 City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other
68 party hereto, in respect to all covenants, agreements and obligations contained in the Contract Documents.
69 7.4 Severability.
70 Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a
71 court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be
72 valid and binding upon CITY and CONTRACTOR.
73 7.5 Governing Law and Venue.
74 This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shall
75 be Tarrant County, Texas, or the United States District Court for the Northern District of Texas, Fort Worth
76 Division.
77 7.6 Other Provisions.
78 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is classified,
79 promulgated and set out by the City.
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Agreement
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80 7.7 Authority to Sign.
81 Contractor shall attach evidence of authority to sign Agreement, if other than duly authorized signatory of
82 the Contractor.
83
84 IN WITNESS WHEREOF, City and Contractor have signed this Agreement in multiple counterparts. At least
85 one counterpart of each has been delivered to City and Contractor.
86
87 This Agreement will be effective on the last date subscribed by a signatory(which is the Effective Date of the
88 Agreement).
89
City of Fort Worth
Contractor:
Tejas Commercial Construction, LLC
By: —,
Jay Chapa
By: ���� ���/ Assistant City Manager
(Signature)
Title: Date
D. 411 <—
(Printed Name)
Attest: IFp&
r cr tary ®.,.
Address: P. O. Box 10395
. .,0
River Oaks, TX 76114 (Seal)
City/State/Zip: Approvedas to Form and Legality:
�'XAS
Date -
Douglas W. Black
Senior Assistant City Attorney
90 M&C N/A
91 Date N/A
92
93 APPROVAL RECOMMENDED:
95
94
96
97 Chris Harder, P.E.
98 Assistant Director, Water Department
99 200 Texas St. Fort Worth, TX-76102
OFFICIAL RECORD
CITY"COffARY
FT•WORTH,TX
INTEROFFICE MEMO
DATE: APRIL 25,2017
TO: JESUS CIIAPA,ASSISTANT CITY MANAGER
DOUG BLACK, SR. ASSISTANT CITY ATTORNEY
FROM: CARMAN, WATER DIRECTOR
SUBJECT: M-349 TEMPORARY EMERGENCY EROSION REPAIRS—SEWER
MAIN CROSSING CANYON CREEK TRAIL
On February 17, 2017, the Water Department received an e-mail from the resident at 401
Canyon Creek Trail advising of an exposed 8-inch clay sanitary sewer main on the opposite side
of the creek behind the residence. The resident also advised that the creek had further
deteriorated and more footage of the sewer main was now exposed. Staff investigated the
complaint and discovered that erosion had undermined the creek bank over the past few months
and exposed the clay pipe such that it was susceptible to being broken apart (resulting in sewage
discharge into the creek) by debris floating down the creek. Pictures of the undermined creek and
exposed sewer pipe are attached.
Sewer discharges into creeks are a health safety concern. In order to resolve this situation
quickly, the recommendation is to retain a qualified contractor to make a temporary repair of the
existing sewer line by removing some of the creels over-burden and encasing the pipe with
concrete. Staff will utilize Deotte Engineering Inc. who has an on-going design services contract
with the City, to design a permanent solution to protect the sewer main.
It is beyond the capacity of Water Department staff to perform sewer construction of this
difficulty and complexity. Therefore the Water Department has contacted Tejas Commercial
Construction, LLC to perform the work.
Waiting to bid and award a contract to perform and immediate replacement of this line is not in
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$70,000.00.
A confirming M&C =be circulated to ratify the above activities after the work,has been
performed.
APPROVED FOR EMERGENCY PROCUREMENT:
.9
Recommended:
Clarman, Director,Water Dept.
Approved As To Form and Legality:
Dou s W Black, St. Assistant City Attorney
Approved:
�ja'�I,t,!,OTale,Purchasing Man er
Approved:
Jesus J. Chapa,Assistant(Aty Manager
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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.
Signature
G�.�(JAY Y�Gy yiJtrvt-�
Name of Employee
Title