HomeMy WebLinkAboutContract 49064 b,l � •.; 10 111
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M CITY SECRETARY Agreement
/jI� CONTRACT NO. t�D page I of 4
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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 Quadex Lining Systems LLC (Quadex), a limited
6 liability company 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
11 Contractor shall perform structural rehabilitation of approximately 930 feet of 78-inch diameter corrugated metal
12 pipe (CMP) storm drain, including surface, joint, and invert repair and preparation and spray application of
13 GeoKrete liner, in accordance with their proposal dated April 9,2017 and email dated April 12,2017.
14 Article 2.PROJECT
15
16 A 78-inch diameter CMP storm drain is located within the Boca Raton residential neighborhood at 500 Canyon
17 Creek Trail in east Fort Worth. On March 10, 2017 Stormwater Management(SWM)Field Engineering staff
18 walked the line and found the following issues:
19 0 Metal sheet is curling up,trapping sediment and impeding the flow.
20 • The bottom of line is eroded and washed out(over 30' of the bottom is gone at one spot).
21 • The line has many visible holes in the bottom.
22 • There are sediments deposited in the line.
23
24 It is beyond the capacity and technical resources of TPW Department staff to perform repairs of this type.
25 Article 3. CONTRACT TIME
26 3.1 Time is of the essence.
27 Contractor recognizes that time is of the essence, and the Contractor will be required to remain on the jobsite until
28 the 78-inch diameter CMP storm drain is repaired. The City expects the Contractor to have a sense of urgency to
29 complete the Work in a timely manner. The project duration is 14 working days per the contractor's email dated
30 April 12, 2017.
31
32 Article 4. CONTRACT PRICE
33 City agrees to pay Contractor for performance of the Work based on Contractor's invoice an amount up to Four
34 Hundred and Ten Thousand Dollars ($410,000.00) This figure may be amended up or down as final invoices are
35 received.
36 Article 5. CONTRACT DOCUMENTS
37 5.1 CONTENTS:
38 The Contract Documents which comprise the entire agreement between City and Contractor concerning
39 the Work consist of the following: =-
OFFICIAL.RECORD
CITY SECRETARY
FT-WOR'TNt'TX
_ 2
Agreement
Page 2 of 4
40 1. This Agreement.
41 2. Exhibits to this Agreement:
42 a. Approved Invoice
43 b. Evidence of Current Insurance
44 c. Current Prevailing Wage Rate Table incorporated by reference.
45 3. General Conditions incorporated by reference
46
47 Article 6. INDEMNIFICATION
48 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its
49 officers,servants and employees,from and against any and all claims arising out of,or alleged to arise
50 out of, the work and services to be performed by the contractor, its officers, agents, employees,
51 subcontractors, licenses or invitees under this contract. This indemnification provision is specifically
52 intended to operate and be effective even if it is alleged or proven that all or some of the damages
53 being sought were caused, in whole or in part, by any act, omission or negligence of the city. This
54 indemnity provision is intended to include,without limitation, indemnity for costs, expenses and legal
55 fees incurred by the city in defending against such claims and causes of actions.
56
57 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its
58 officers,servants and employees,from and against any and all loss,damage or destruction of property
59 of the city, arising out of, or alleged to arise out of, the work and services to be performed by the
60 contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract.
61 This indemnification provision is specifically intended to operate and be effective even if it is alleged
62 or proven that all or some of the damages being sought were caused, in whole or in part, by any act,
63 omission or negligence of the city.
64
65 Article 7.MISCELLANEOUS
66 7.1 Terms.
67 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the
68 meanings indicated in the General Conditions.
69 7.2 Assignment of Contract.
70 This Agreement, including all of the Contract Documents may not be assigned by the Contractor without
71 the advanced express written consent of the City.
72 7.3 Successors and Assigns.
73 City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other
74 party hereto, in respect to all covenants, agreements and obligations contained in the Contract Documents.
75 7.4 Severability.
76 Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a
77 court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be
78 valid and binding upon CITY and CONTRACTOR.
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Agreement
Page 3 of 4
79 7.5 Governing Law and Venue.
80 This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shall
81 be Tarrant County, Texas, or the United States District Court for the Northern District of Texas, Fort Worth
82 Division.
83 7.6 Other Provisions.
84 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is classified,
85 promulgated and set out by the City.
86 7.7 Authority to Sign.
87 Contractor shall attach evidence of authority to sign Agreement, if other than duly authorized signatory of
88 the Contractor.
89
90 IN WITNESS WHEREOF, City and Contractor have signed this Agreement in multiple counterparts. At least
91 one counterpart of each has been delivered to City and Contractor.
92
93 This Agreement will be effective on the last date subscribed by a signatory(which is the Effective Date of the
94 Agreement).
95
City of Fort Worth
Contractor: Qua ft#ng S stems, LLC
By:
Jay Chapa
By: Assistant City Manager
Q44
Si e) �-
Title: Date
COO
Nick Banchetti
(Printed Name)
®f FO/ �
Attest: G
66 cre `
Address: 9155 Wallisville Rd. :7d
Houston,TX 77029 (Seal) ,•
J
City/State/Zip: A proved as to Form and Legality:
S �
Date IT
Douglas W. Black
Senior Assistant City Attorney
97 Date
98 *�,r,tZV IGg � APPROVAL RECOMMENDED:
99 O`FJ ti[
100
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH:TX
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Agreement
Page 4 of 4
101
102 Do 1 iersig, P.E.
103 VC4— Di for TPW Department
104 10' Throekmorton St.
105 Fort Worth, TX-76102
Contract Compliance Manager
Re: Emergency Procurement, Canyon Creek Storm Drain Repair($410,000.00)
Contractor: Quadex Lining Systems LLC
Project Name: Canyon Creek Storm Drain Repair
City Sec.No.
Project No. 100961
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performa e a reporting requirements.
Nam of Employee
r R6 19-OS Wa � 1 �
Title
FORTWORTH
MEMORANDUM
Date: March 24, 2017
From: Douglas Wiersig,TPW Director
Via: Doug Black, Sr.Assistant City Attorney
Jack Dale, Purchasing Manager
To: Jesus Chapa,Assistant City Manager
SUBJECT: EMERGENCY REPAIR—72" STORM DRAIN LINE CANYON CREEK TRAIL
On March 10, 2017 during a recurring inspection of a previous repair, City Staff discovered severe
deterioration in the 72"metal storm drain line running along Canyon Creek Trail in east Fort Worth north
of Boca Raton Blvd. The previous repairs were made in 2007 after a section of the pipe failed during a
heavy rain event causing a large sinkhole in the yard of a resident. City staff believe that there is a
significant risk of a recurrence of such an event which would create a public health or safety risk and,
therefore,repairs should be made as quickly as possible.
It is estimated that approximately 400 linear feet of pipe need to be repaired. The estimated cost of the
repair is $100,000-$150,000. Waiting to bid and award and contract to repair the deteriorated 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 the public health or safety of
the municipality's residents.
This memo is submitted to request authorization for emergency procurement of pipe repair services. A
confirming M&C will be circulated to ratify the above activities after the work has been performed.
APPROVED FOR EMERGENCY PROCUREME
Recommended: ci, (,J
Douglas j rsig,TPW Departme
Approved as to Form and Legality:
Douglas W.Blac Sr.Assistant City Attorney
Approved: A,"
Jack bale urc acing Manager
Approved:
Jesus J. Chapa,Assist nt �ger
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
THE CITY OF FORT WORTH * 1000 THROCKMORTON STREET * FORT WORTH,TEXAS 76102
817-392-7800 * FAX 817-392-8092
FORTWORTH
MEMORANDUM
Date: March 31,2017
From: Douglas Wiersig,TPW Director
Via: Doug Black, Sr. Assistant City Attorney
Jack Dale, Purchasing Manager
To: Jesus Chapa,Assistant City Manager
SUBJECT: SUPPLEMENT TO 3/24/17 MEMORANDUM RE EMERGENCY REPAIR—72"
STORM DRAIN LINE CANYON CREEK TRAIL
This supplement to the 3/24/17 memorandum which granted approval for emergency procurement of pipe
repair services is provided to document that quantities and estimated unit prices for the Canyon Creek
Trail storm drain project have been found to be significantly higher than originally estimated(see
attached for original memo). The actual quantity of pipe needing to be repaired is approximately 900
lineal feet. It is expected that the repair project will cost$500,000- $550,000. The work will be funded
from the Reactive line item in the Stormwater 5 year CIP.
APPROVED FOR EMERGENCY PROCUREME r
Recommended: �' —
Dougla iersig,TPW Departm nt
Approved as to Form and Legality:
Douglas . Black, Sr. Assistant City Attorney
Approved:
Jack Dale, Purchasing Mana er
Approved:
Jesus J. Chapa,Assistant City Manager
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
THE CITY OF FORT WORTH * 1000 THROCKMORTON STREET * FORT WORTH, TEXAS 76102
817-392-7800 * Fax 817-392-8092
CERTIFICATE OF INTERESTED PARTIES
FORM JL295
1 of 1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos. 1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2017-198378
Quadex Lining Systems, LLC
Houston, TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 04/25/2017
being filed.
City of Fort Worth Date Ackno d ed
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
Project 100961
geopolymer pipe rehabilitation services for the City of Ft Worth 78 inch Storm Pipe Emergency
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
Neil ,Wisener Houston,TX United States X
Strawbridge, Craig Houston, TX United States X
Banchetti, Nicholas Houston, TX United States X
Vellano, Michael Houston,TX United States X
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
"�"'''• HAYDEN FOLEY MALONE
NOTARY PUBLIC-STATE OF TEXAS
'Y ti:,� COMM.EXP.02-16-2020 �f
OF"t NOTARY Ib 130541369
�� ` Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE
Sworn to and subscribed before me, by the said Nick Banchetti this the 25th day of April
2017 ,to certify which,witness my hand and seal of office.
Pi�,h-aAt," �&� Hayden Malone Notary
S"ture df officer a ministering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883
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