HomeMy WebLinkAboutContract 47913 vITY SECRETMael 00 52 43- I
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21206 CONTRACT NO. 1 age 1 of 3
1 ^'pFcpW�R?H
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
6 J. SCHULTZ, INC., D/B/A CIRCLE "C" CONSTRUCTION COMPANY, a corporation
7 authorized to do business in Texas, acting by and through its duly authorized representative
8 ("Contractor"). City and Contractor, in consideration of the mutual covenants hereinafter set
9 forth, agree as follows:
10 Article 1. WORK
11 Contractor shall in Phase 1 install structural piles along approximately 300 linear feet of the
12 Trinity River bank to prevent further erosion around two 90-inch sanitary sewer mains at the
13 location depicted on the attached aerial photograph to prevent further erosion and protect the
14 sanitary sewer mains. Contractor shall then perform as Phase 2, streambank stabilization activities
15 after obtaining the necessary permitting from regulatory agencies (the"Work").
16 Article 2.PROJECT
17 Recent rains in May and June, 2016 have caused severe erosion along a portion of the Trinity
18 River jeopardizing the integrity of the City's twin 90-inch sanitary sewer mains (M-280-13 and M-
19 338-13) leading to the Village Creek Water Reclamation Facility. Failure of either or both of these
20 lines would result in raw sewage being discharged directly into the Trinity River. Streambank
21 stabilization is imperative to protect the integrity of these lines.
22
23 Article 3. CONTRACT TIME
24 3.1 Time is of the essence.
25 Contractor recognizes that time is of the essence, and the Contractor will be required to remain on
26 the jobsite during Phase 1 until the installation of the protective piles has been completed. Phase
27 2 will commence when the appropriate regulatory approvals have been obtained. The City
28 expects the Contractor to have a sense of urgency to complete the Work in a timely manner.
29 Article 4. CONTRACT PRICE
30 City agrees to pay Contractor for performance of the Work based on Contractor's invoice an
31 amount up to Seven Hundred Thousand Dollars ($700,000.00). This figure may be adjusted up or
32 down as final invoices are received.
33 Article 5. CONTRACT DOCUMENTS
34 5.1 CONTENTS:
35 The Contract Documents which comprise the entire agreement between City and
36 Contractor concerning the Work consist of the following:
37 1. This Agreement.
38 2. Exhibits to this Agreement:
39 a. Invoice(s) (as received)
40 b. Evidence of Current Insurance
41 c. Current Prevailing Wage Rate Table incorporated by reference.
42 3. General Conditions incorporated by reference
43
OFFICIAL RECORD
Emergency Agreement—Streambank Stabilization for 90" SS Lines CITY SECRETARY
FT. WORTH, TX
00 52 43-2
Agreement
Page 2 of 3
44 Article 6. INDEMNIFICATION
45 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own
46 expense, the city, its officers, servants and employees, from and against any and all
47 claims arising out of, or alleged to arise out of, the work and services to be performed
48 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees
49 under this contract. This indemnification provision is specifically intended to operate
50 and be effective even if it is alleged or proven that all or some of the damages being
51 sought were caused, in whole or in part, by any act, omission or negligence of the city.
52 This indemnity provision is intended to include, without limitation, indemnity for
53 costs, expenses and legal fees incurred by the city in defending against such claims and
54 causes of actions.
55
56 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense,
57 the city,its officers,servants and employees,from and against any and all loss, damage
58 or destruction of property of the city,arising out of, or alleged to arise out of,the work
59 and services to be performed by the contractor, its officers, agents, employees,
60 subcontractors, licensees or invitees under this contract. This indemnification
61 provision is specifically intended to operate and be effective even if it is alleged or
62 proven that all or some of the damages being sought were caused, in whole or in part,
63 by any act, omission or negligence of the city.
64
65 Article 7. MISCELLANEOUS
66 7.1 Terms.
67 Terms used in this Agreement which are defined in Article 1 of the General Conditions will
68 have the meanings indicated in the General Conditions.
69 7.2 Assignment of Contract.
70 This Agreement, including all of the Contract Documents may not be assigned by the
71 Contractor without the advanced express written consent of the City.
72 7.3 Successors and Assigns.
73 City and Contractor each binds itself, its partners, successors, assigns and legal
74 representatives to the other party hereto, in respect to all covenants, agreements and
75 obligations contained in the Contract Documents.
76 7.4 Severability.
77 Any provision or part of the Contract Documents held to be unconstitutional, void or
78 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all
79 remaining provisions shall continue to be valid and binding upon CITY and
80 CONTRACTOR.
81 7.5 Governing Law and Venue.
82 This Agreement, including all of the Contract Documents is performable in the State of
83 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the
84 Northern District of Texas, Fort Worth Division.
Emergency Agreement—Streambank Stabilization for 90" SS Lines
00 5243-3
Agreement
Page 3 of 3
85 7.6 Other Provisions.
86 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is
87 classified, promulgated and set out by the City.
88 7.7 Authority to Sign.
89 Contractor shall attach evidence of authority to sign Agreement, if other than duly
90 authorized signatory of the Contractor.
91
92 IN WITNESS WHEREOF, City and Contractor have signed this Agreement in multiple
93 counterparts. At least one counterpart of each has been delivered to City and Contractor.
94
95 This Agreement will be effective as of the date Contractor first performed the Work contemplated
96 herein.
97
City of Fort Worth
Contractor: William J. Schultz,Inc., d/b/a
Circle "C" Construction Company
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/ Jesus J. Chapa
By: / Assistant City Manager
(Signature) l
Title,:/ Date
Ti�su,sem•/ice
(Printed Name)
Date !I �/S Jli Attest:
L, ec e
Address: Q,fO� yD. ? 0R)P. `
(Seal) ®� mow
City/State/Zip: Approved as to Form and L SX
ADO
Douglas W. Black OOOOOOOO��
Sr. Assistant City Attorney
98 M&C N/A
99 Date N/A
100
101 APPROVAL RECOMMENDED:
102 /11-1
103 &--f-
104
(`
104 Chris Harder, P.E.
105 Acting Assistant Director, Water Department
106
107
tFT.
IAL RECORD
SECRETARY
Emergency Agreement -Streambank Stabilization for 90" SS Lines WORTH, TX
INTEROFFICE MEMO
DATE: JUNE 7, 2016
TO: JESUS CHAPA, ASSISTANT CITY MANAGER
DOUG BLACK, SR. ASSISTANT CITY ATTORNEY
FROM: CARMAN, WATER DIRECTOR
SUBJECT: TRINITY RIVER STREAMBANK EROSION AFFECTING TWO 90"
SANITARY SEWER LINES—EMERGENCY RESPONSE
Two 90" diameter sanitary sewer lines were installed in the 1960's and 1970's that initially
connected the old Riverside Plant with the Village Creek Plant. They are generally aligned
parallel to and offset from the Trinity River. These two pipelines currently convey the majority
of the wastewater generated in Fort Worth to the Village Creek Plant, with flow capacity of
upwards of 200 million gallons per day. With the recent heavy rains and associated flooding,
approximately 300 linear feet of the Trinity River streambank has eroded to the point that the
existing pipelines are in danger of being exposed and undermined. Should one of these pipelines
start leaking as a result of soil movement or loss of soil support, the wastewater would flow
directly into the Trinity River.
A two part solution is recommended. First, structural piles will be driven to support the pipes in
the event of further flooding and associated erosion. Second, the Trinity River streambank that
has eroded will be stabilized to prevent further erosion. Driving the piles can be performed as
soon as we can get a boring rig and pile driver into the site. Stabilizing the streambank will
require a Corps of Engineers Permit 13, which may take several weeks to obtain, but
construction should be initiated immediately after receipt of the permit.
Waiting to bid and award a contract to support the existing pipelines or stabilize the streambank
is not the best interest of the health and safety 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 support the pipeline and stabilize the Trinity River streambank. It is
estimated that the engineering, permitting, and construction costs associated with these
emergency repairs may cost approximately$700,000.
A confirming M&C will be circulated to ratify the above activities after the work has been
performed.
APPROVED FOR EMERGENCY PROCUREMENT:
Recommended:
Ca Tna ,Director,Water Dept.
Approved As To Form and Legality:
Douglas W Black,S sistant City Attorney
Approved:
Jac ,Purchasing Manager
Approved:
Jesus J. Chapa,Assistant dAy Manager
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CIRCLE C CONSTRUCTION
PO BOX 40328
FORT WORTH, TEXAS 76140
13-Jun-16
Tony Sholola, PE
City of Fort Worth
1000 Throckmorton Street
Fort Worth,Texas 76140
RE: Sheet Piling Trinity River
1 Mobilization 1 LS $ 8,500.00 $ 8,500.00
2 Shinn&Gregory inc. labor and steel 1 LS $ 215,210.00 $ 215,210.00
3 3" To 6" Rock 220 TN $ 35.00 $ 7,700.00
4 Welder 30 HR $ 60.00 $ 1,800.00
5 Gate 1 LS $ 1,500.00 $ 1,500.00
6 Labor& Equipment Circle C 1 LS $ 12,187.50 $ 12,187.50
7 Profit&Overhead 15% 1 LS $ 37,003.15 $ 37,003.15
Total $ 283,900.65
Sincerely,
Teri Skelly