Loading...
HomeMy WebLinkAboutContract 46850 CITY SECRETAW CONTRACT NU. � Bement Page t 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. 30 linear feet of a 30-inch TCWSC sanitary sewer main and 11 install one Type"A" manhole on a 48-inch sanitary sewer main (M-402-B). 12 Article 2. PROJECT 13 On May 27`t', 2015 two sink holes and sanitary sewer main collapses were reported at 6286 14 Broadway Ave. and approx. 650 feet west of Lavon Dr. Heavy rains and saturated soil conditions 15 caused instability in two sanitary sewer mains (48-inch M-402-B and a 30-inch TCWSC main). 16 17 Approximately 30 LF of 30-inch pipe is needed to repair the TCWSC main and one Type "A" 18 manhole is required to repair the 48-inch main and restore sewer service. It is beyond the City's 19 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 Thousand Dollars ($200.000.00). This figure may be amended up or 29 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: 36 a. Approved Invoice 37 b. Evidence of Current Insurance 6 l 38 c. Current Prevailing Wage Rate Table incorporated by reference. ,ti3 bra 39 3. General Conditions incorporated by reference ` 40 41 ���, tV FFIC RECO�tD (� 0 IAL _ CITY SECRETARY -� FT.WORTH,TX \ _ 2 Agreement Page 2 of 3 42 Article 6. INDEMNIFICATION 43 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 44 expense, the city, its officers, servants and employees, from and against any and all 45 claims arising out of, or alleged to arise out of, the work and services to be performed 46 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 47 under this contract. This indemnification provision is specifically intended to operate 48 and be effective even if it is alleged or proven that all or some of the damages being 49 sought were caused, in whole or in part, by any act, omission or negligence of the city. 50 This indemnity provision is intended to include, without limitation, indemnity for 51 costs,expenses and legal fees incurred by the city in defending against such claims and 52 causes of actions. 53 54 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 55 the city,its officers,servants and employees,from and against any and all loss,damage 56 or destruction of property of the city,arising out of,or alleged to arise out of, the work 57 and services to be performed by the contractor, its officers, agents, employees, 58 subcontractors, licensees or invitees under this contract. This indemnification 59 provision is specifically intended to operate and be effective even if it is alleged or 60 proven that all or some of the damages being sought were caused, in whole or in part, 61 by any act,omission or negligence of the city. 62 63 Article 7.MISCELLANEOUS 64 7.1 Terms. 65 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 66 have the meanings indicated in the General Conditions. 67 7.2 Assignment of Contract. 68 This Agreement, including all of the Contract Documents may not be assigned by the 69 Contractor without the advanced express written consent of the City. 70 7.3 Successors and Assigns. 71 City and Contractor each binds itself, its partners, successors, assigns and legal 72 representatives to the other party hereto, in respect to all covenants, agreements and 73 obligations contained in the Contract Documents. 74 7.4 Severability. 75 Any provision or part of the Contract Documents held to be unconstitutional, void or 76 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 77 remaining provisions shall continue to be valid and binding upon CITY and 78 CONTRACTOR. 79 7.5 Governing Law and Venue. 80 This Agreement, including all of the Contract Documents is performable in the State of 81 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 82 Northern District of Texas,Fort Worth Division. 3 Agreement Page 3 of 3 83 7.6 Other Provisions. 84 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 85 classified, promulgated and set out by the City. 86 7.7 Authority to Sign. 87 Contractor shall attach evidence of authority to sign Agreement, if other than duly 88 authorized signatory of the Contractor. 89 90 IN WITNESS WHEREOF, City and Contractor have signed this Agreement in multiple 91 counterparts. At least one counterpart of each has been delivered to City and Contractor. 92 93 This Agreement will be effective on the last date subscribed by a signatory(which is the Effective 94 Date of the Agreement). 95 4/,/4p.V T�S�.IH p1�c. X64,. City of Fort Worth Contractor��c/ Cl,v.1����� �o,�op„u By: �L--- T 7 Fernando Costa By: /�, e jls Assistant City Manager (Signature) Title: Date (Printed N me) V % �g e Attest: c X �Vco tjfly Address: A Q. �O,t' �/03Z Cti� reY-aLiStr (Seal) 1EXA City/State/Zip: �oi�G./oii�, 71—Y'7G//D Approved as to Form and Legality: Date 7- /���� CAkv 10C. Douglas W. Black Assistant City Attorney 96 M&C 97 Date 98 99 APPROVAL RECOMMENDED: 100 101 102 _ 103 Joh Carman 104 D CTOR, WATER DEPARTMENT 105 1 00 Throckmorton,Fort Worth,TX-76102 OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX