HomeMy WebLinkAboutContract 48109 CITY SECREETAW 005243-1
ECEIVEd CONTRACT NO. Agreement
AUG 2 2 2016 Page t of 3
"7 SECTION 00 52 43
YSEIIMY 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., DB/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 excavate a necessary and replace approximately 400 linear feet of 24-inch
12 sanitary sewer line(M-252)to repair the sewer line and disturbed areas(the"Work").
13 Article 2.PROJECT
14
15 Recent rains in May and June, 2016 resulted in approximately 150 linear feet of the 24-inch clay
16 sanitary sewer pipe (parallel and offset from Mary's creek installed in 1956 and providing service
17 to areas in far west Fort Worth) being washed out, resulting in a sanitary sewer overflow into
18 Mary's Creek.
19
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 during until the sewer main is repaired and functioning properly. The City expects the
24 Contractor to have a sense of urgency to complete the 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
27 amount up to Two Hundred and Fifty Thousand Dollars ($250,000.00). This figure may be
28 adjusted up or down as final invoices are received.
29 Article 5. CONTRACT DOCUMENTS
30 5.1 CONTENTS:
31 The Contract Documents which comprise the entire agreement between City and
32 Contractor concerning the Work consist of the following:
33 1. This Agreement.
34 2. Exhibits to this Agreement:
35 a. Invoice(s)(as received)
36 b. Evidence of Current Insurance
37 c. Current Prevailing Wage Rate Table incorporated by reference.
38 3. General Conditions incorporated by reference
39
40 Article 6.INDEMNIFICATION
OFFICIAL RECORD
CITY SECRETARY
Emergency Agreement—Streambank Stabilization for 90" SS Lines FT WORTH, TX
005243-2
Agreement
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40 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own
41 expense, the city, its officers, servants and employees, from and against any and all
42 claims arising out of, or alleged to arise out of, the work and services to be performed
43 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees
44 under this contract. This indemnification provision is specifically intended to operate
45 and be effective even if it is alleged or proven that all or some of the damages being
46 sought were caused, in whole or in part, by any act, omission or negligence of the city.
47 This indemnity provision is intended to include, without limitation, indemnity for
48 costs, expenses and legal fees incurred by the city in defending against such claims and
49 causes of actions.
50
51 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense,
52 the city,its officers,servants and employees,from and against any and all loss,damage
53 or destruction of property of the city,arising out of,or alleged to arise out of,the work
54 and services to be performed by the contractor, its officers, agents, employees,
55 subcontractors, licensees or invitees under this contract. This indemnification
56 provision is specifically intended to operate and be effective even if it is alleged or
57 proven that all or some of the damages being sought were caused, in whole or in part,
58 by any act,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 1 of the General Conditions will
63 have the 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
66 Contractor without 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
69 representatives to the other party hereto, in respect to all covenants, agreements and
70 obligations contained in the Contract Documents.
71 7.4 Severability.
72 Any provision or part of the Contract Documents held to be unconstitutional, void or
73 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all
74 remaining provisions shall continue to be valid and binding upon CITY and
75 CONTRACTOR.
76 7.5 Governing Law and Venue.
77 This Agreement, including all of the Contract Documents is performable in the State of
78 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the
79 Northern District of Texas, Fort Worth Division.
Emergency Agreement—Streambank Stabilization for 90" SS Lines
005243-3
Agreement
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80 7.6 Other Provisions.
81 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is
82 classified,promulgated and set out by the City.
83 7.7 Authority to Sign.
84 Contractor shall attach evidence of authority to sign Agreement, if other than duly
85 authorized signatory of the Contractor.
86
87 IN WITNESS WHEREOF, City and Contractor have signed this Agreement in multiple
88 counterparts. At least one counterpart of each has been delivered to City and Contractor.
89
90 This Agreement will be effective as of the date Contractor first performed the Work contemplated
91 herein.
92
City of Fort Worth
Contractor: William J. Schultz, Inc.,d/b/a
Circle"C"Construction Company
37C
By:
Jesuel.Chapa
By: Assistant City Manager
(Signature) OF F®�
Title:`, , Date
(Printed acne) i �C
Date Attest:
9"cr4,a�y �S
Address:
(Seal)
City/State/Zip: Approved as to Form and Legality:
Douglas W.Black
Sr. Assistant City Attorney
93 M&C N/A
94 Date N/A
95
96 APPROVAL RECOMMENDED:
97 zl�L
99 Chris Harder,P.E.
100 OFFICIAL RECORD Acting Assistant Director, Water Department
101 CITY SECRETARY
102
FT.WORTH, TX
Emergency Agreement—Streambank Stabilization for 90" SS Lines
INTEROFFICE MEMO
DATE: JUNE 23,2016
TO: JESUS CHAPA,ASSISTANT CITY MANAGER
DOUG BLACK, SR.ASSISTANT CITY ATTORNEY
FROM: CARMAN, WATER DIRECTOR
SUBJECT: MARY'S CREEK SEWER COLLAPSE—EMERGENCY RESPONSE
A 24" sewer line placed parallel and offset from Mary's Creek was installed in 1956 which provides
sewer collection service to areas in far west Fort Worth. With the recent heavy rains and associated
flooding,approximately 100 linear feet of the 24"clay sewer pipe was washed out, resulting in a sanitary
sewer overflow into Mary's Creek. Bypass pumping operations were initiated in order to stop the
overflow and will continue until a new sewer line can be installed. The replacement sewer line will be
moved further away from Mary's Creek and will consist of approximately 300 linear feet of 24"modern
pipe. The anticipated cost for this work is $250,000. Staff will perform the engineering, survey, and
easement work activities. The emergency bypass pumping cost associated with this work is anticipated to
be approximately$50,000.
Waiting to bid and award a contract to replace the washed out sewer line and perform emergency bypass
pumping 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 pump rental and
construction services. The total cost associated with this emergency is estimated to be$300,000.
A confirming M&C will be circulated to ratify the above activities after the work has been performed.
APPROVED FOR EMERGENCY PROCUREMENT: ,[
Recommended: t/w r /�
C man,D' ctor, Water Dept.
Approved As To Form and Legality:
Douglas B]X, Assistant City Attorney
Approved:
Jack Da e P rchasing Manager
Approved:
Jesus J.Chapa,Assistant City anager
Emergency-Ma-ry's Creek 24"SS Line Break
CIRCLE C CONSTRUCTION
PO BOX 40328
FORT WORTH, TEXAS 76140
3-Aug-16
Mr. Robert Sauceda, P.E.
City of Fort Worth
1000 Throckmorton Street
Fort Worth,Texas 76140
RE: Sewer Line Repair Mary's Creek
1 Mobilization 2 EA $ 2,000.00 $ 4,000.00
2 Installation of 24" PVC Sewer Provided by City 465 LF $ 85.00 $ 39,525.00
3 5' Dia Manhole 6 EA $ 5,500.00 $ 33,000.00
4 4' Dia Manhole 1 EA $ 4,500.00 $ 4,500.00
5 Manhole Collar 6 EA $ 350.00 $ 2,100.00
6 Remove Manhole 3 EA $ 1,000.00 $ 3,000.00
7 Trench Safety 465 LF $ 5.00 $ 2,325.00
8 Remove& Install Exist Fence 500 LF $ 25.00 $ 12,500.00
9 Hydromulch 500 LF $ 5.00 $ 2,500.00
10 Gates 3 EA $ 1,500.00 $ 4,500.00
11 Clear ROW 500 LF $ 35.00 $ 17,500.00
12 Deholes 2 EA $ 2,000.00 $ 4,000.00
13 Grout Exist Pipe 465 LF $ 25.00 $ 11,625.00
14 Curlex&Sediment Logs for Erosion Control&Silt 1 LS $ 3,500.00 $ 3,500.00
Fence
15 Assist City w/ Bypass Piping 1 LS $ 3,850.00 $ 3,850.00
16 Post TV 465 LF $ 5.00 $ 2,325.00
Total Sewer $ 150,750.00
Sincerely,
Teri Skelly
Circle C Construct,