HomeMy WebLinkAboutContract 55334 CSC No.55334
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Agreement
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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 McKee Utility Constructors, Inc., 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.WORK
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, freezing rain and ice. Complicating the freezing
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 i essence, and the Contractor will be required to remain on the job until the
22 damaged section of the s -in rr s been replaced, the protective wall structure repaired and bypass pumping
23 is no longer necessary at the job site. The City expects the Contractor to have a sense of urgency to complete the
24 Work in a timely manner.
25 Article 4. CONTRACT PRICE
26 City agrees to pay Contractor for performance of the Work based on Contractor's invoice an amount up to Seven
27 Hundred and Fifty Thousand Dollars ($750 000 00) This figure maybe adjusted up or down as final invoices are
28 received.
29 Article 5. CONTRACT DOCUMENTS
30 5.1 CONTENTS:
31 The Contract Documents which comprise the entire agreement between City and Contractor concerning
32 the Work consist of the following:
33 1. This Agreement.
34 2. Exhibits to this Agreement:
35 a. Approved Invoice
36 b. Evidence of Current Insurance
37 c. Current Prevailing Wage Rate Table incorporated by reference.
38 3. General Conditions incorporated by reference OFFICIAL RECORD
39
CITY SECRETARY
Emergency Agreement- Emergency Water Main Repair at Various locations FT. WORTH, TX
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Agreement
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40
41
42 Article 6. INDEMNIFICATION
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 oi- 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
52 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its
53 officers,servants and employees,from and against any and all loss,damage or destruction of property
54 of the city, arising out of, or alleged to arise out of, the work and services to be performed by the
55 contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract.
56 This indemnification provision is specifically intended to operate and be effective even if it is alleged
57 or proven that all or some of the damages being sought were caused, in whole or in part, by any act,
58 omission or negligence of the city.
59
60 Article 7.MISCELLANEOUS
61 7.1 Terms.
62 Terms used in this Agreement which are defined in Article I of the General Conditions will have the
63 meanings indicated in the General Conditions.
64 7.2 Assignment of Contract.
65 This Agreement, including all of the Contract Documents may not be assigned by the Contractor without
66 the advanced express written consent of the City.
67 7.3 Successors and Assigns.
68 City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other
69 party hereto, in respect to all covenants, agreements and obligations contained in the Contract Documents.
70 7.4 Severability.
71 Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a
72 court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be
73 valid and binding upon CITY and CONTRACTOR.
74 7.5 Governing Law and Venue.
75 This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shall
76 be Tarrant County,Texas, or the United States District Court for the Northern District of Texas, Fort Worth
77 Division.
Emergency Agreement- Emergency Water Main Repair at Various locations
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Agreement
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78 7.6 Other Provisions.
79 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is classified,
80 promulgated and set out by the City.
81 7.7 Authority to Sign.
82 Contractor shall attach evidence of authority to sign Agreement, if other than duly authorized signatory of
83 the Contractor.
84
85 IN WITNESS WHEREOF, City and Contractor have signed this Agreement in multiple counterparts. At least
86 one counterpart of each has been delivered to City and Contractor.
87
88 This Agreement will be effective on the last date subscribed by a signatory(which is the Effective Date of the
89 Agreement).
City of Fort Worth
Contractor: McKee Utility Constructors,Inc. Dana Burghdoff
Oana B.'ghdoff(Feb 23,202112:45 CST)
By:
Dana Burghdoff
By: ,G,! /a`cs�G Assistant City Manager
(Signature) Feb 23,2021
Title: President Date
Shane McKee �o44�nn��
(Printed Name) �o� eo�t
� ;-r o
Attest: p vg o x
City Secretary 0, o
Address: 2319 W. olopg S'7-- 1d °°°°°°°°°°°° a4y
(Seal) aa�nEXA`-'ao4
City/State/Zip: Approved as to Form and Legality:
68P1'
Date Mack(Feb 23,202112W CST)
L Z � Oa
Douglas W. Black
Senior Assistant City Attorney
90 M&C N/A(Attached 02/22/21 Emergency Memo
91 Date N/A(Attached 02/22/21 Emergency Memo CONTRACT COMPLIANCE MANAGER:
92 Form 1295 N/A By signing, I acknowledge that I am the person responsible
93 for the monitoring and administration of this contract,
94 APPROVAL RECOMMENDED: including ensuring all performance and repotting requirements.
95
96 CA--� d� �•Christopher rder(Feb 23,202112:42 CST) to1I97 /A,I
O 10
4
98 Chris Harder, P.E. Tony Sholola, P.E.
99 Director,Water Department Assistant Water Director OFFICIAL RECORD
100 200 Texas St. Fort Worth,TX-76102
CITY SECRETARY
Emergency Agreement- Emergency Water Main Repair at Various locations FT. WORTH, TX
INTEROFFICE MEMO
Date: February 22, 2021
To: Dana Burghdoff, Assistant City Manager
From: Chris 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
additional contractors to perform main break repairs:
® McKee Utility Contracts, Inc.
® Mountain Cascade of Texas, LLC
® Bar Constructors, Inc.
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 Fort 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:
Chrisfiophff IfiArder
Recommended: QvistoI,Iw arde,(Feb21,202109:22CST)
Chris Harder,Director,Water Department
92901�
Approved as to form and Legality: Mack(Feb 22,202109:30 CST)
Douglas W.
Black,Sr. Assistant City Attorney
Approve: 6 �,.,,F:,jl�b'LO.;>,,.._<,11
Cynthia Garcia,Assistant Director,Purchasing
Approve. Ua na 0urghdoIf(H' 22,20211 2U CST)
Dana Burghdoff,Assistant City Manager
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 freezing 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 service provided by the City of Fort Worth has been impacted
and sheltering and war-ming operations are necessary; and
WHEREAS, in response to the state of emergency resulting from 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
extraordinary 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.
IT.
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 17t11 day of February, 2021.
etsy P 'ce
Ma r
Attesq
Maly J. Kays
City Secretary
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