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HomeMy WebLinkAboutContract 46849 CITY SECRETAW/ 1 ' CWRACT NO. `t' 1 U4 "tweement Page I 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 5 municipality acting by and through its duly authorized City Manager, ("City"), and William J. 6 Schultz --- d/b/a Circle C. Construction Company, a corporation authorized to do business in 7 Texas, acting by and through its duly authorized representative ("Contractor"). City and 8 Contractor, in consideration of the mutual covenants hereinafter set forth,agree as follows: 9 Article 1. WORK 10 Contractor shall replace approx. 156 linear feet of 30-inch sanitary sewer main and install one 11 Type"A"manhole to replace an existing manhole on M-244-13. 12 Article 2.PROJECT 13 On June 18`h, 2015 City Staff reported a sanitary sewer main collapse at 6200 Pioneer Parkway 14 (M-244-B). Heavy rains and saturated soil conditions caused instability and the collapse of a 30- 15 inch sanitary sewer main(M-244B). 16 17 It is estimated that up to 156 LF of 30-inch pipe is needed to repair M-244-B along with one Type 18 "A" manhole to replace an existing manhole, facilitate emergency bypass pumping, and restore 19 sewer service. It is beyond the City's ability to perform repairs of this size, length, and depth. 20 Article 3. CONTRACT TIME 21 3.1 Time is of the essence. 22 Contractor recognizes that time is of the essence, and the Contractor will be required to remain on 23 the jobsite until the 30-inch sanitary sewer main and the 48-inch sanitary sewer main are repaired 24 and sewer service is restored. The City expects the Contractor to have a sense of urgency to 25 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 28 amount up to Two Hundred Fifty Thousand Dollars ($250.000.00). This figure may be amended 29 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 33 Contractor concerning the Work consist of the following: 34 1. This Agreement. 35 2. Exhibits to this Agreement: 9 , 1 2 3 +;I 36 a. Approved Invoice s �' 37 b. Evidence of Current Insurance .Z 38 c. Current Prevailing Wage Rate Table incorporated by reference. 39 3. General Conditions incorp( FdrMl By reference " o 40 OFFICIAL RECORD 6 ,�• CITY SECRETARY FT.WORTH,TX s 2 Agreement Page 2 of 3 41 Article 6.INDEMNIFICATION 42 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 43 expense, the city, its officers, servants and employees, from and against any and all 44 claims arising out of, or alleged to arise out of, the work and services to be performed 45 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 46 under this contract. This indemnification provision is specifically intended to operate 47 and be effective even if it is alleged or proven that all or some of the damages being 48 sought were caused, in whole or in part, by any act, omission or negligence of the city. 49 This indemnity provision is intended to include, without limitation, indemnity for 50 costs, expenses and legal fees incurred by the city in defending against such claims and 51 causes of actions. 52 53 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 54 the city,its officers,servants and employees,from and against any and all loss,damage 55 or destruction of property of the city,arising out of,or alleged to arise out of, the work 56 and services to be performed by the contractor, its officers, agents, employees, 57 subcontractors, licensees or invitees under this contract. This indemnification 58 provision is specifically intended to operate and be effective even if it is alleged or 59 proven that all or some of the damages being sought were caused, in whole or in part, 60 by any act, omission or negligence of the city. 61 62 Article 7. MISCELLANEOUS 63 7.1 Terms. 64 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 65 have the meanings indicated in the General Conditions. 66 7.2 Assignment of Contract. 67 This Agreement, including all of the Contract Documents may not be assigned by the 68 Contractor without the advanced express written consent of the City. 69 7.3 Successors and Assigns. 70 City and Contractor each binds itself, its partners, successors, assigns and legal 71 representatives to the other party hereto, in respect to all covenants, agreements and 72 obligations contained in the Contract Documents. 73 7.4 Severability. 74 Any provision or part of the Contract Documents held to be unconstitutional, void or 75 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 76 remaining provisions shall continue to be valid and binding upon CITY and 77 CONTRACTOR. 78 7.5 Governing Law and Venue. 79 This Agreement, including all of the Contract Documents is performable in the State of 80 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 81 Northern District of Texas,Fort Worth Division. 3 Agreement Page 3 of 3 82 7.6 Other Provisions. 83 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 84 classified, promulgated and set out by the City. 85 7.7 Authority to Sign. 86 Contractor shall attach evidence of authority to sign Agreement, if other than duly 87 authorized signatory of the Contractor. 88 89 IN WITNESS WHEREOF, City and Contractor have signed this Agreement in multiple 90 counterparts. At least one counterpart of each has been delivered to City and Contractor. 91 92 This Agreement will be effective on the last date subscribed by a signatory(which is the Effective 93 Date of the Agreement). 94 ((((((�''�� Contractor: Ci.�% C`ppS�ruc��n �Om��any�l tWMth /1 IBY J/ f By: —� �,S' Assistant City Manager (Signature) Title: Q / ,( Date 14 1$ y/cI l/PS. C/.A / �T �Obr 7461. CC (Printed Name) a1P Attest: ~ Secr ary � Address: it' BoX yD3Z v oft (Seal) �1�x City/State/Zip: Ae->,, 71..)/Approved as to Form and Legality: Date 7-IV-1.5r Ay At4c kjW'1 f l e 1 o L Douglas NV.Black i3 V Assistant City Attorney 95 M&C 96 Date APPROVAL RECOMMENDED: 97 98 99 John .arman 100 D CTOR, WATER DEPARTMENT 101 1000 Throckmorton,Fort Worth, TX-76102 N RECORDRETARYTH, TX