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HomeMy WebLinkAboutContract 54419 CSC No. 54419 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. SCIIULTZ, INC., DB/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 bore a new sanitary sewer main across East Loop 820 and connect to an existing main on the east 11 side of the highway to replace sanitary sewer mains M-182 and M-191 which are severely deteriorated. 12 Article 2.PROJECT 13 On January 16,2020,Water Field Operations responded to two sanitary sewer overflows(SSOs)on M-191 which 14 (along with M-181)cross underneath East Loop 820 near Richardson Street.Follow up investigation revealed that 15 both mains are severely deteriorated, which has significantly reduced capacity and hence the overflow. Bypass 16 pumping of the affected mains resolved the SSO, but remains on-going. 17 Article 3.CONTRACT TIME 18 3.1 Time is of the essence. 19 Contractor recognizes that time is of the essence,and the Contractor will be required to remain on the jobsite until 20 the bore is complete, the new main is functioning and the existing mains have been abandoned. The City expects 21 the Contractor to have a sense of urgency to complete the Work in a timely manner. 22 Article 4.CONTRACT PRICE 23 City agrees to pay Contractor for performance of the Work based on Contractor's invoice an amount up to Eighty_ 24 Eight Hundred Thousand Dollars ($880,000.00)_ This figure may be amended up or down as final invoices are 25 received. 26 Article 5.CONTRACT DOCUMENTS 27 5.1 CONTENTS: 28 The Contract Documents which comprise the entire agreement between City and Contractor concerning 29 the Work consist of the following: 30 1. This Agreement. 31 2. Exhibits to this Agreement: 32 a. Approved Invoice 33 b. Evidence of Current Insurance 34 c. Current Prevailing Wage Rate Table incorporated by reference. 35 3. General Conditions incorporated by reference 36 37 38 39 Article 6.INDEMNIFICATION Emergency Agreement- Emergency Response for Sanitary Sewer Mains M-182 and M-191 Crossing IH-820 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX _ 2 Agreement Page 2 of 3 40 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its 41 officers,servants and employees,from and against any and all claims arising out of,or alleged to arise 42 out of, the work and services to be performed by the contractor, its officers, agents, employees, 43 subcontractors, licenses or invitees under this contract. This indemnification provision is specifically 44 intended to operate and be effective even if it is alleged or proven that all or some of the damages 45 beina sought were caused in whole or in part, b , any act omission or ne li ence of the city. This 46 indemnity provision is intended to include,without limitation,indemnity for costs,expenses and legal 47 fees incurred by the city in defending against such claims and causes of actions. 48 49 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its 50 officers,servants and employees,from and against any and all loss,damage or destruction of property 51 of the city, arising out of, or alleged to arise out of, the work and services to be performed by the 52 contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract. 53 This indemnification provision is specifically intended to overate and be effective even if it is allersed 54 or proven that all or some of the damages being sought were caused in whole or in pert, by any act 55 omission or negligence of the ci 56 57 Article 7.MISCELLANEOUS 58 7.1 Terms. 59 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the 60 meanings indicated in the General Conditions. 61 7.2 Assignment of Contract. 62 This Agreement, including all of the Contract Documents may not be assigned by the Contractor without 63 the advanced express written consent of the City. 64 7.3 Successors and Assigns. 65 City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other 66 party hereto, in respect to aII covenants,agreements and obligations contained in the Contract Documents. 67 7.4 Severability. 68 Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a 69 court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be 70 valid and binding upon CITY and CONTRACTOR. 71 7.5 Governing Law and Venue. 72 This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shall 73 be Tarrant County,Texas,or the United States District Court for the Northern District of Texas, Fort Worth 74 Division. 75 7.6 Other Provisions, 76 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is classified, 77 promulgated and set out by the City. Emergency Agreement- Emergency Response for Sanitary Sewer Mains M-182 and M-I91 Crossing IH-820 -3 Agreement Page 3 of 3 I 78 7.7 Authority to Sign. 79 Contractor shall attach evidence of authority to sign Agreement, if other than duly authorized signatory of 80 the Contractor. 81 82 IN WITNESS WHEREOF,City and Contractor have signed this Agreement in multiple counterparts. At least 83 one counterpart of each has been delivered to City and Contractor. 84 85 This Agreement will be effective on the last date subscribed by a signatory(which is the Effective Date of the 86 Agreement). 87 City of Fort Worth Contractor:WILLIAM J.SCHULTZ,INC., D/B/A CIRCLE"C"CONSTRUCTION 13 �G COMPANY -- Dana Burghdoff(Sep 4,202 9:30 CDT) B_v: Dana Burghdoff By: Assistant City Manager (Signature) Sep 4,2020 Title: `Flee-President 444�n4 Date apF FORt o° °°° G Teresa Skelly ° (Printed Name) b nEXAsbpp Attest: City Secretary Address: �6 Bow yD3Z� /�.f C✓c.f1, e rox ;W.1P a (Seal) City/State/Zip: A ro ed as to Form and Legality: Date 9 -f -202 Q DBiz k(Sep 3,2020 17:31 CDT) Douglas W.Black 88 M&C:N/A Senior Assistant City Attorney 89 Date:N/A 90 Form 1295:N/A 91 92 APPROVAL RECOMMENDED: 93 94 Chgi 4her Har-der 95 Christopher Harder(Sep 3,202016:39 CDT) 96 Chris Harder,P.E. 97 Director, Water Department 98 200 Texas St.Fort Worth,TX-76102 Emergency Agreement- Emergency Response for Sanitary Sewer Mains M-182 and M-191 Crossing IH-820 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX 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 d reporting requirements. e--_ /OA4D b4 Signa Tony Sholola Name of Employee Assistant Water Director Title ATTEST: Mary J. Kayser City Secretary OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX INTEROFFICE MEMO Date: January 27,2020 To: Dana Burghdoff,Assistant City Manager From: Chris Harder,P.E.,Water Director C,, Subject: SANITARY SEWER MAINS M-182 AND M-191 CROSSING IH-820—EMERGENCY On January 16,2020,Water Field Operations responded to two sanitary sewer overflows(SSOs)on M-191 which(along with M-181)cross underneath East Loop 820 near Richardson Street.Follow up investigation has revealed that both mains are severely deteriorated,which has significantly reduced the available sewer pipeline capacity. The SSOs were reported to TCEQ in accordance with regulatory requirements,as well as to the City of Arlington. Bypass pumping of the affected mains resolved the SSO,but remains on-going. The recommended solution is to combine the two sewer mains into one at a location on the west side of the highway, bore a new main across the highway and connect to an existing main on the east side of the highway. The proposed design will require a TxDOT permit and permanent easement which will be obtained as quickly as possible. Construction will be initiated upon receipt of the permit and easement. Waiting to bid and award a design and construction contract to perform this work is not in the best interest of the health and safety of the citizens 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 engineering and construction services to combine the two sewer mains and bore a new main across the highway. It is estimated that the engineering, permitting, and construction costs associated with this emergency repair may cost approximately$1,000,000.00(Construction:$880,000.00;Engineering: $120,000.00). A confirming M&C will be circulated to ratify the above activities after the work has been performed. I l APPROVED FOR EMERGENCY PROCUREMENT: f Recommended: K? � Ch 's Hard r,Director,Water Department Approved as to form and Legality: Dougla�W.Black,Sr.Assistant City Attorney Approve: Cynthia Garci nt Director,Purchasing Approve: Dan urgJ- Ubff,Inf4m Assistant City Manager Tj For g&wral pwpase".CoMaa cKy of Fort worm TYwporlaUon and Putde W ks n 817.392-8426 fo el Maya vdm erlal and caelowtrfonr aBan are wafdteduom mpmarglan and ddroupu,+vihorA fardes�n or con S. WtW coneerf kom ma Noft Cenhll TbrosCoraK9 or t,• OT 17-1 t Ell • I I � � �IL' �' til- Pam, ♦� .' P 502 .- E •\ r ! I,t - IL LUlX1L ~ Z 1 co Aw OD 23 OD a � Qo •T_ s _ x ' } Inv alb: d• r ` LAKEW WJD ur, maavtnstacOcranrrAweror