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Home My WebLink AboutContract 54533 CSC No.54533 Agreement Page r 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.,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 replace the sanitary sewer and water mains on 281 Street from Union Pacific Railroad right-of- II way to Bonnie Brae Avenue. 12 Article 2.PROJECT 13 On September 4,2020, Water Field Operations responded to a sanitary sewer overflow(SSO)on sewer lateral L- 14 3021 located on 281 Street West of Bonnie Brae Avenue. Follow up investigation revealed that a TXDOT 15 contractor, while adjusting a sanitary sewer manhole at the 281" Street/Williams Place intersection prior to 16 repaving 28"'Street,had inadvertently poured concrete into the manhole,which flowed into L-3021.The concrete 17 traversed through L-3021 and into other connecting sewer laterals, thereby significantly reducing their capacity, 18 causing the overflow. The SSO has been temporarily stopped and flow has been partially restored. City crews 19 must constantly monitor the situation and replacement of the affected lines is the only viable option to fully 20 restore flow. 21 Article 3.CONTRACT TIME 22 3.1 Time is of the essence. 23 Contractor recognizes that time is of the essence,and the Contractor will be required to remain on the jobsite until 24 the bore is complete,the new main is functioning and the existing mains have been abandoned. The City expects 25 the Contractor to have a sense of urgency to complete the Work in a timely manner. 26 Article 4.CONTRACT PRICE 27 City agrees to pay Contractor for performance of the Work based on Contractor's invoice an amount up to One 28 Million, Seven Hundred and Ten Thousand Dollars 1$1310,000.00 (Water: $1,100,000.00, Sewer: $610,000.00 29 This figure ma}, be amended up or 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 Contractor concerning 33 the Work consist of the following: 34 1. This Agreement. 35 2. Exhibits to this Agreement: 36 a. Approved Invoice 37 b. Evidence of Current Insurance 38 c. Current Prevailing Wage Rate Table incorporated by reference. 39 3. General Conditions incorporated by reference Emergency Agreement-Emergency Response for Sanitary Sewer and Water Main Replacement on 281"Street from OFFICIAL RECORD Union Pacific Railroad right-of-way to Bonnie Brae Avenue CITY SECRETARY FT.WORTH,TX -2 Agreement Page 2 of 3 40 Article 6.INDEMNIFICATION 41 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its 42 officers,servants and employees,from and against any and all claims arising out of,or alleged to arise 43 out of, the work and services to be performed by the contractor, its officers, agents, employees, 44 subcontractors, licenses or invitees under this contract. This indemnification provision is specifically 45 intended to overate and be effective even if it is alleged or proven that all or some of the damages 46 being sought were caused in whole or in part, by any act omission or negligence of the city. This 47 indemnity provision is intended to include,without limitation,indemnity for costs,expenses and legal 48 fees incurred by the city in defending against such claims and causes of actions. 49 50 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its 51 officers,servants and employees,from and against any and all loss,damage or destruction of property 52 of the city, arising out of, or alleged to arise out of, the work and services to be performed by the 53 contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract. 54 This indemnification Provision is specifically intended to operate and be effective even if it is alleged 55 or proven that all or some of the damages being sought were caused in whole or in part, by any act 56 omission or negligence of the city. 57 58 Article 7.MISCELLANEOUS 59 7.1 Terms. 60 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the 61 meanings indicated in the General Conditions. 62 7.2 Assignment of Contract. 63 This Agreement, including all of the Contract Documents may not be assigned by the Contractor without 64 the advanced express written consent of the City. 65 7.3 Successors and Assigns. 66 City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other 67 party hereto,in respect to all covenants,agreements and obligations contained in the Contract Documents, 68 7.4 Severability. 69 Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a 70 court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be 71 valid and binding upon CITY and CONTRACTOR. 72 7.5 Governing Law and Venue. 73 This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shall 74 be Tarrant County,Texas,or the United States District Court for the Northern District of Texas,Fort Worth 75 Division. 76 7.6 Other Provisions. 77 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is classified, 78 promulgated and set out by the City. Emergency Agreement-Emergency Response for Sanitary Sewer and Water Main Replacement on 28th Street from Union Pacific Railroad right-of-way to Bonnie Brae Avenue -3 Agreement Page 3 of 3 79 7.7 Authority to Sign. 80 Contractor shall attach evidence of authority to sign Agreement, if other than duly authorized signatory of 81 the Contractor. 82 83 IN WITNESS WHEREOF,City and Contractor have signed this Agreement in multiple counterparts. At least 84 one counterpart of each has been delivered to City and Contractor. 85 86 This Agreement will be effective on the last date subscribed by a signatory(which is the Effective Date of the 87 Agreement). 88 City of Fort Worth Contractor: WILLIAM J.SCHULTZ,INC., DB/A CIRCLE"C"CONSTRUCTION COMPANY nww-8ir,OA&c Dana Burghd off( p 25,20 18:26 CDT) By. Dana Burghdoff By: Assistant City Manager (Signature) Sep 25,2020 Title: �r�President Date d4U4a� 0° Teresa Skelly yA° °°°9 odoQ (Printed Name) °='° ° �2 B/L� d C1g o t d Q d r Ronald P.Gonzales(Sep 28,2020 10-01 DT) QQ °o° o*� Attest: °aaa rEX ASo�p bdpanao Address: City Secretary (Seal) City/State/Zip: Approved as to Form and Legality: 6 _ Date DBlack(Sep 25,2020 18:08 CDT) Douglas W.Black Senior Assistant City Attorney 89 M&C:N/A(Attached 09/21/20 Emergency Memo) 90 Date:N/A(Attached 09/21/20 Emergency Memo) 91 Form 1295:N/A 92 93 APPROVAL RECOMMENDED: 94 95 CG��itto�G�2�h`�ole� 96 Christopher H rder(Sep 25,202006:45 CDT) 97 Chris Harder,P.E. 98 Director, Water Department 99 200 Texas St. Fort Worth,TX-76102 Emergency Agreement-Emergency Response for Sanitary Sewer and Water Main Replacement on 281h Street from OFFICIAL RECORD Union Pacific Railroad right-of-way to Bonnie Brae Avenue 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 perFormanc and reporting requirements. Signature Tony Sholola Name of Employee Assistant Water Director Tftfe ATTEST: � o r Ronald P.Gonzales(Sep 28,2020 10: DT) Mary J. Kayser City Secretary OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX 1 INTEROFFICE MEMO Date: September 21,2020 To: Dana Burghdoff,Assistant City Manager From: Chris Harder,P.E.,Water Director Subject: SANITARY SEWER AND WATER MAIN REPLACEMENT ON 28TH STREET FROM UNION PACIFIC RAILROAD RIGHT-OF —WAY TO BONNIE BRAE AVENUE - EMERGENCY RESPONSE On September 4, 2020, Water Field Operations responded to a sanitary sewer overflow(SSO)on sewer lateral L-3021 located on 2811 Street West of Bonnie Brae Avenue.Follow up investigation revealed that a TXDOT contactor,while adjusting a sanitary sewer manhole at the 28"1 Street/Williams Place intersection prior to repaving 281h Street, had inadvertently poured concrete into the manhole, which flowed into L- 3021.The concrete traversed through L-3021 and into other connecting sewer laterals,thereby significantly reducing their capacity, causing the overflow.The SSO has been temporarily stopped and flow has been partially restored.Staff reported the SSO to TCEQ in accordance with regulatory requirements.City crews must constantly monitor the situation and replacement of the affected lines is the only viable option to fully restore flow. Staff will seek reimbursement from TXDOT's contractor for the time and effort expended in the response to the SSO. The limits of the water and sanitary sewer replacement requested in this emergency request are 2811 Street from Decatur Avenue to US 377 and approximately 0.5 miles north along US 377. Staff had identified the water and sewer mains for replacement via a capital project:NE 28"'Street from UPRR to Bonnie Brae Street Water and Sanitary Sewer Improvements(CPN 102735). The recommended solution is to immediately proceed with design for the sanitary sewer and water replacement.Staff will ask TXDOT to stop construction to allow the water and sewer mains to be replaced. The proposed design will require a TXDOT permit.Construction will be initiated immediately upon receipt of the permit. The necessary design will performed by Kimley-Horn and Associates Inc., while construction will be conducted by William J.Schultz,Inc.dba Circle C Construction Company. 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 replace the sanitary sewer and water mains.It is estimated that the engineering and construction costs associated with this emergency repair may cost approximately $1,922,475.00 (Construction: $1,710,000.00 (Water: $1,100,000.00; Sewer: $610,000.00); Engineering: $212,475.00: (Water:$148,728.00; Sewer:$63,747.00)) A confirming M&C;will be circulated to ratify the above activities after the work has been performed. APPROVED FOR EMERGENCY PROCUR Recommended: Chris Harder,P.E.Water Director QF Approved as to form and Legality: tMMn Douglas W.Black,Sr.Assistant City Attorney Cyh�lirI Garca Approve: "rd.ts*au,2=12-nc0n Cynthia Garcia,Assistant Director,Purchasing AM-4-Bura6c 4 Approve: DomN"h" :3 ,i:.car; Dana Burghdoff,Assistant City Manager 1 'I Js I V .19 It OD _ •�: I s t� �+ • -' 1 S11.VANW AVE�;'. Ayr AM •� r�c--pp + U)W Au �i'r Sl 4 f, A�.' 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