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Home My WebLink AboutContract 55321 CSC No.55321 - I 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 Jackson Construction Ltd., a corporation 6 authorized to do business in Texas, acting by and through its duly authorized representative ("Contractor"). City 7 and Contractor, in consideration of the mutual covenants hereinafter set forth,agree as follows: 8 Article 1.WORD 9 Contractor shall conduct emergency water main repairs at various locations identified by the Water Department. 10 Article 2.PROJECT 11 On February 14, 2021, a deep freeze began to overspread the state of Texas bringing with it several days of sub- 12 freezing temperatures along with intermittent snow, sleet, fi-eezing rain and ice. Complicating the fi•eezing 13 weather,the electricity grid was strained by demand and power loss was experienced at some water treatment and 14 distribution facilities, The extended cold has lowered the water temperature generally to near 40 degrees 15 Fahrenheit which is problematic when pushed through the cast iron portions of the city's water supply system. 16 Water Field Operations and on-call emergency contractors have been responding to multiple breaks in the water 17 system, but the breaks are now too numerous for these resources to handle. 18 The recommended solution is to engage additional available contractors for emergency water main repairs. 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 job until the 22 damaged section of the water main has been replaced,for each job assignment.The City expects the Contractor to 23 have a sense of 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 Seven 26 Hundred and Fifty Thousand Dollars($750,000.00) This figure may be adjusted up or down as final invoices are 27 received. 28 Article S. CONTRACT DOCUMENTS 29 5.1 CONTENTS: 30 The Contract Documents which comprise the entire agreement between City and Contractor concerning 31 the Work consist of the following: 32 1. This Agreement. 33 2. Exhibits to this Agreement: 34 a. Approved Invoice 35 b. Evidence of Current Insurance 36 c. Current Prevailing Wage Rate'fable incorporated by reference. 37 3. General Conditions incorporated by reference 38 39 OFFICIAL RECORD Emergency Agreement- Emergency Water Main Repair at Various locations CITY SECRETARY FT.WORTH, TX _2 Agreement Page 2 of 3 40 41 Article 6.INDEMNITICATION 42 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its 43 officers,servants and employees,from and against any and all claims arising out of,or alleged to arise 44 out of, the work and services to be performed by the contractor, its officers, agents, employees, 45 subcontractors, licenses or invitees under this contract. This indemnification provision is specifically 46 intended to operate and be effective even if it is alleged or proven that all or some of the damages 47 being sought were caused, in whole or in part, by any act, omission or negligence of the city. This 48 indemnity provision is intended to include,without limitation,indemnity for costs, expenses and legal 49 fees incurred by the city in defending against such claims and causes of actions. 50 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.MISCELLANEOUS 60 7.1 Terms. 61 Terms used in this Agreement which are defined in Article I 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. Emergency Agreement- Emergency Water Main Repair at Various locations -3 Agreement Page 3 of 3 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). City of Fort Worth Contractor:Jackson Construction,Ltd. L?#,?&WA40 f Dana BurghdoB(Fe 22,202 1:56 CST) By: Dana Burghdoff By. Assistant City Manager (Sign ure) Feb 22,2021 Title: President Date Troy Jackson (Printed Name) ��o°°°00000OO�O�d Lem ° �° °odd Attest: p�jg 0. / / City Secretary 0 �ij Address: ��1� � — 1 °°°°°o°°°°°° *a (Seal) all nEx 0 p City/State/Zip: �f IVol A 71 / / Approv9800r,ed as to Form and Legality: Date 7— DBIaCk(Feb 22,20210856 77 Douglas W.Black Senior Assistant City Attorney 89 M&C N/A(Attached 02/19/21 Emergency Memo) 90 Date N/A(Attached 02/19/21 Emergency Memo) CONTRACT COMPLIANCE MANAGER: 91 Form 1295 N/A By signing,I acknowledge that I am the person responsible 92 for the monitoring and administration of this contract, 93 APPROVAL RECOMMENDED: including ensuring all performance and reporting requirements. 94 95 96 Christopher Hard (Feb 22,202108:55 CST) 97 Chris Harder,P.E. Tony Sholola,P.E. 98 Director,Water Department Assistant Water Director 99 200 Texas St. Fort Worth,TX-76102 OFFICIAL RECORD Emergency Agreement- Emergency Water Main Repair at Various locations CITY SECRETARY FT.WORTH, TX INTEROFFICE MEMO Date: February 19,2021 To: Dana Burghdoff,Assistant City Manager From: Clods Harder,P.E.,Water Director Subject: EMERGENCY REPAIR — FEBRUARY 2021 DEEP FREEZE - MULTIPLE MAIN BREAKS On February 14,2021,a deep freeze began to overspread the state of Texas bringing with it several days of sub-freezing temperatures along with intermittent snow, sleet, freezing rain and ice. Complicating the freezing weather,the electricity grid was strained by demand and power loss was experienced at some water treatment and distribution facilities.The extended cold has lowered the water temperature generally to near 40 degrees Fahrenheit which is problematic when pushed through the cast iron portions of the city's water supply system.Water Field Operations and on-call emergency contractors have been responding to multiple breaks in the water system,but the breaks are now too numerous for these limited resources to handle. The recommended solution is to engage additional available contractors for emergency water main repairs. This memo is submitted to inform the CMO that,pursuant to the emergency authority found in City Code Chapter 2,Article I,Section 2-9 of the City's Code of Ordinances and the Mayor's declaration of emergency on February 17, 2021, the Water Department has instituted emergency procurement of the following contractors to perform main break repairs: • Jackson Construction Ltd. • Tejas Construction,LLC. Each contract will be in an amount up to$750,000.00 and work will be billed against them on a task order basis. Waiting to bid and award a contract to perform this work is not the best interest of the health and safety of the City of Foil Worth. In addition to the citations,above, 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. A confirming M&C will be circulated to ratify the above contracts after the work has been performed. APPROVED FOR EMERGENCY PROCUREMENT: Recommended: C I„,..,,,.,.,•,', ,,,,fST, Chris Harder,Director,Water Department Approved as to form and Legality: ral� 1,u2CS7, Douglas W.Black,Sr.Assistant City Attorney �o/-CG,,7o& ;9i4&rihA tilahaAe� Approve: •rCG�di�j,P—hnmgkl.n.p,IF.bI. ,.'kICS�^—� Cynthia Garcia,Assistant Director,Purchasing 15�ta.Bcu-alu��FF Approve: o.�.w��eh— ,<,10,;::� cifi Dana Burghdoff,Assistant City Manager OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX DECLARATION OF LOCAL DISASTER IN THE CITY OF FORT WORTH,TEXAS IN RESPONSE TO SEVERE WINTER WEATHER WHEREAS, Texas Governor Greg Abbott signed a disaster declaration for all 254 Texas counties on February 12,2021,upon a finding that severe winter weather poses an imminent threat of widespread and severe property damage,injury, and loss of life due to prolonged fi-eezing temperatures,heavy snow, and freezing rain statewide; and WHEREAS, President Joseph R. Biden approved an Emergency Declaration for the State of Texas due to the severe winter weather on February 14,2021; and WHEREAS, the City of Fort Worth has experienced record cold temperatures well below freezing and heavy snow and ice accumulation for multiple days; and WHEREAS,power infrastructure throughout the state has been overburdened and is unable to provide power to millions of Texas,including many in Fort Worth; and WHEREAS, water set-vice provided by the City of Fort Worth has been impacted and sheltering and warming operations are necessary; and WHEREAS, in response to the state of emergency resulting fi-om the severe winter weather, the City of Fort Worth must take necessary action to ensure the safety of its citizens during this unprecedented circumstance; and WHEREAS, the Mayor of the City of Fort Worth has determined that extraorduimy measures must be taken to alleviate the suffering of people and to protect public health and safety; NOW THEREFORE BE IT PROCLAIMED BY THE MAYOR OF THE CITY OF FORT WORTH,TEXAS: I. That a state of disaster is declared for the City of Fort Worth for severe winter weather response. II. That the City's Emergency Operational Plan has been implemented. III, That the state of disaster shall continue for a period of not more than seven days of the date hereof,unless the same is continued by consent of the City Council of the City of Fort Worth,Texas. IV. That this proclamation shall take effect immediately from and after its issuance. ORDERED this 17`1'day of February,2021. 4Ma sy P 'ce r Attest: Mary J.Kayser City Secretary i I: I Ii ii j� OFFICIAL RECORD (2) CITY SECRETARY FT.WORTH, TX III. That the state of disaster shall continue for a period of not more than seven days of the date hereof,unless the same is continued by consent of the City Council of the City of Fort Worth, Texas. IV. That this proclamation shall take effect immediately from and after its issuance. ORDERED this 17t11 day of February, 2021. etsy P 'ce Ma r Attesq Maly J. Kays City Secretary OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX (2)