HomeMy WebLinkAboutContract 48546 3456 )
1
r? -D CITY SECRETARYAgreement
CONTRACT NO. 1-I39/0
N Page 1 of 4
Q JAN --4 2011 f I
N
CITY OF FORT Wolm
o� CITY SECRETARY
S ti £ Z 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 Conatser
6 Construction TX, LP, a corporation authorized to do business in Texas, acting by and through its
7 duly authorized representative("Contractor"). City and Contractor, in consideration of the mutual
8 covenants hereinafter set forth,agree as follows:
9 Article 1.WORK
10 Contractor shall replace/repair approximately 100 linear feet of 27-inch sanitary sewer main (1\4-
11 347)with 30-inch sanitary sewer pipe along with emergency bypass pumping.
12 Article 2.PROJECT
13
14 On December 13, 2016 City Staff was notified of a fish kill within Big Fossil Creek near Beach
15 St. Staff investigated the cause of the fish kill and discovered a hole in the existing 27-inch
16 sanitary sewer line, upstream of the fish kill, on Fossil Creek Golf Course property. This sewer
17 line is at full capacity, so high flows resulting in surcharge conditions flowed from the pipe,
18 through the hole,and into Fossil Creek.
19 It is estimated that up to 100 LF of 27-inch pipe will be replaced with 30-inch pipe as part of the
20 emergency response. Bypass pumping of the wastewater flow is necessary in order to replace the
21 existing pipe. It is beyond the City's ability to perform repairs of this size and length.
22 Article 3. CONTRACT TDff
23 3.1 Time is of the essence.
24 Contractor recognizes that time is of the essence, and the Contractor will be required to remain on
25 the jobsite until the 27-inch sanitary sewer main is repaired and sewer service is restored. The
26 City expects the Contractor to have a sense of urgency to complete the Work in a timely manner.
27
28 Article 4. CONTRACT PRICE
29 City agrees to pay Contractor for performance of the Work based on Contractor's invoice an
30 amount up to Three Hundred Thousand Dollars ($300.000.00) This figure may be amended up or
31 down as final invoices are received.
32 Article 5. CONTRACT DOCiTAWNTS
33 5.1 CONTENTS:
34 The Contract Documents which comprise the entire agreement between City and
35 Contractor concerning the Work consist of the following:
36 1. This Agreement.
37 2. Exhibits to this Agreement:
38 a. Approved Invoice OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
- 2
Agreement
Page 2 of 4
39 b. Evidence of Current Insurance
40 c. Current Prevailing Wage Rate Table incorporated by reference.
41 3. General Conditions incorporated by reference
42
43 Article 6.INDEMNII+ICATION
44 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own
45 expense, the city, its officers, servants and employees, from and against any and all
46 claims arising out of, or alleged to arise out of, the work and services to be performed
47 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees
48 under this contract. This indemnification provision is specifically intended to operate
49 and be effective even if it is alleged or proven that all or some of the damages being
50 sought were caused,in whole or in part, by any act, omission or negligence of the city.
51 This indemnity provision is intended to include, without limitation, indemnity for
52 costs,expenses and legal fees incurred by the city in defending against such claims and
53 causes of actions.
54
55 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense,
56 the city,its officers,servants and employees,from and against any and all loss,damage
57 or destruction of property of the city, arising out of, or alleged to arise out of,the work
58 and services to be performed by the contractor, its officers, agents, employees,
59 subcontractors, licensees or invitees under this contract. This indemnification
60 provision is specifically intended to operate and be effective even if it is alleged or
61 proven that all or some of the damaLes being sought were caused, in whole or in part,
62 by any act,omission or negligence of the city.
63
64 Article 7.MISCELLANEOUS
65 7.1 Terms.
66 Terms used in this Agreement which are defined in Article 1 of the General Conditions will
67 have the meanings indicated in the General Conditions.
68 7.2 Assignment of Contract.
69 This Agreement, including all of the Contract Documents may not be assigned by the
70 Contractor without the advanced express written consent of the City.
71 7.3 Successors and Assigns.
72 City and Contractor each binds itself, its partners, successors, assigns and legal
73 representatives to the other party hereto, in respect to all covenants, agreements and
74 obligations contained in the Contract Documents.
75 7.4 Severability.
76 Any provision or part of the Contract Documents held to be unconstitutional, void or
77 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all
78 remaining provisions shall continue to be valid and binding upon CITY and
79 CONTRACTOR.
INN
23458 )
9
RECEI1lED jp CITY SECRETARY Agreement
CONTRACT N0. /tJ 9/� page 1 of 4
L
N JAN -4 2011
r !
CITY OFFORT WORTH
o� CITY SECRETARY a
8 S £ 2 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 Conatser
6 Construction TX, LP, a corporation authorized to do business in Texas, acting by and through its
7 duly authorized representative("Contractor"). City and Contractor, in consideration of the mutual
8 covenants hereinafter set forth, agree as follows:
9 Article 1.WORK
10 Contractor shall replace/repair approximately 100 linear feet of 27-inch sanitary sewer main (M-
11 347)with 30-inch sanitary sewer pipe along with emergency bypass pumping.
12 Article 2.PROJECT
13
14 On December 13, 2016 City Staff was notified of a fish kill within Big Fossil Creek near Beach
15 St. Staff investigated the cause of the fish kill and discovered a hole in the existing 27-inch
16 sanitary sewer line, upstream of the fish kill, on Fossil Creek Golf Course property. This sewer
17 line is at full capacity, so high flows resulting in surcharge conditions flowed from the pipe,
18 through the hole, and into Fossil Creek.
19 It is estimated that up to 100 LF of 27-inch pipe will be replaced with 30-inch pipe as part of the
20 emergency response. Bypass pumping of the wastewater flow is necessary in order to replace the
21 existing pipe. It is beyond the City's ability to perforin repairs of this size and length.
22 Article 3. CONTRACT TIME
23 3.1 Time is of the essence.
24 Contractor recognizes that time is of the essence, and the Contractor will be required to remain on
25 the jobsite until the 27-inch sanitary sewer main is repaired and sewer service is restored. The
26 City expects the Contractor to have a sense of urgency to complete the Work in a timely manner.
27
28 Article 4. CONTRACT PRICE
29 City agrees to pay Contractor for performance of the Work based on Contractor's invoice an
30 amount up to Three Hundred Thousand Dollars ($300.000.00) This figure may be amended up or
31 down as final invoices are received.
32 Article 5. CONTRACT DOCUMENTS
33 5.1 CONTENTS:
34 The Contract Documents which comprise the entire agreement between City and
35 Contractor concerning the Work consist of the following:
36 1. This Agreement.
37 2. Exhibits to this Agreement:
38 a. Approved Invoice OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
_2
Agreement
Page 2 of 4
39 b. Evidence of Current Insurance
40 c. Current Prevailing Wage Rate Table incorporated by reference.
41 3. General Conditions incorporated by reference
42
43 Article 6. INDEMNIFICATION
44 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own
45 expense, the city, its officers, servants and employees, from and against any and all
46 claims arising out of, or alleged to arise out of, the work and services to be performed
47 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees
48 under this contract. This indemnification provision is specifically intended to operate
49 and be effective even if it is alleged or proven that all or some of the damages being
50 sought were caused, in whole or in part, by any act, omission or negligence of the city.
51 This indemnity provision is intended to include, without limitation, indemnity for
52 costs, expenses and legal fees incurred by the city in defending against such claims and
53 causes of actions.
54
55 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense,
56 the city,its officers,servants and employees,from and against any and all loss, damage
57 or destruction of property of the city,arising out of,or alleged to arise out of,the work
58 and services to be performed by the contractor, its officers, agents, employees,
59 subcontractors, licensees or invitees under this contract. This indemnification
60 provision is specifically intended to operate and be effective even if it is alleged or
61 proven that all or some of the damages being sought were caused, in whole or in part,
62 by any act,omission or negligence of the city.
63
64 Article 7. MISCELLANEOUS
65 7.1 Terms.
66 Terms used in this Agreement which are defined in Article 1 of the General Conditions will
67 have the meanings indicated in the General Conditions.
68 7.2 Assignment of Contract.
69 This Agreement, including all of the Contract Documents may not be assigned by the
70 Contractor without the advanced express written consent of the City.
71 7.3 Successors and Assigns.
72 City and Contractor each binds itself, its partners, successors, assigns and legal
73 representatives to the other party hereto, in respect to all covenants, agreements and
74 obligations contained in the Contract Documents.
75 7.4 Severability.
76 Any provision or part of the Contract Documents held to be unconstitutional, void or
77 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all
78 remaining provisions shall continue to be valid and binding upon CITY and
79 CONTRACTOR.
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Agreement
Page 3 of 4
80 7.5 Governing Law and Venue.
81 This Agreement, including all of the Contract Documents is performable in the State of
82 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the
83 Northern District of Texas,Fort Worth Division.
84 7.6 Other Provisions.
85 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is
86 classified,promulgated and set out by the City.
87 7.7 Authority to Sign.
88 Contactor shall attach evidence of authority to sign Agreement, if other than duly
89 authorized signatory of the Contactor.
90
91 IN WITNESS WHEREOF, City and Contactor have signed this Agreement in multiple
92 counterparts. At least one counterpart of each has been delivered to City and Contactor.
93
94 This Agreement will be effective on the last date subscribed by a signatory(which is the Effective
95 Date of the Agreement).
96
City of Fort
Contactor: Conatser Construction TX,LP
By:
�j Jay Chapa
By: U/ Assistant City Manager
Title:
(Signature /h
Date
Jc us d Mme/ rte—�
(Printed Name)
Attest:
ec etary
Address: O.
(Seal) >'
r
City/State/Zip: Approved as to Form and Legality: p�
Date -UVIZQ�'
Douglas W. Black
Sr.Assistant City Attorney
97 M&C N/A
98 Date N/A
99
100 APPROVAL RECOMMENDED:
101
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
- 4
Agreement
Page 4 of 4
102
103
104 Christopher Harder,P. E.
105 Acting Assistant Director, Water Department
106 1000 Throckinorton,Fort Worth,TX-76102
INTEROFFICE MEMO
DATE: DECEMBER 15,2016
TO: JESUS CHAPA,ASSISTANT CITY MANAGER
DOUG BLACK, SR. ASSISTANT CITY ATTORNEY
FROM: CARMAN, WATER DIRECTOR
SUBJECT: EMERGENCY REPAIRS—27" SEWER LINE AT FOSSIL CREEK GC
On December 13, 20163 City staff was notified of a fish kill within Big Fossil Creek near the
Beach Street crossing. Staff investigated the cause of the fish kill and discovered a hole in the
existing 27" sanitary sewer line, upstream of the fish kill, on Fossil Creek Golf Course property.
This sewer line is at full capacity, so high flows resulting in surcharge conditions flowed from
the pipe, through the hole, into Big Fossil Creek. A capital project is currently in design to
construct a relief sewer line through this area. However, the section of existing sewer line must
be replaced as quickly as possible in order to prevent another sewer overflow into the creek.
It is estimated that approximately 100 linear feet of the existing 27"piping will be replaced with
a new 30"pipe as part of the emergency response. Bypass pumping of the wastewater now will
need to be performed in order to replace the existing pipe. It is beyond the capacity of Water
Department staff to perform repairs of this size and length. Therefore the Water Department has
contacted Conatser Construction TX,L.P.to perform the pipe replacement.
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:
ROCUREMENT:Recommended:
C than,Dieect x,Water Dept.
Approved As To Form and Legality: m FC
Douglas W Black, Sr.Assistant City ttorney
Approved:
ack Dale,Purchasing Manager
Approved:
Jesus J. Chapa,Assistant City Manager
Page 1 of 1
REQUISITION Printed:
12/28/2016
Date: 12/28/2016
Required 12/28/2016
Date:
S City of Ft Worth r City of Ft Worth
H WATER&SEWER N WATER&SEWER
ADMINISTRATION U ADMINISTRATION
P 1000 THROCKMORTON O 1000 THROCKMORTON
FORT WORTH,TX 76102 h FORT WORTH,TX 76102
G
O E
Requesting Department Requestor Phone# Requisition Type
WATER DEPARTMENT (817)392-8252
Item Class-Item and Description Quantity Unit Unit Price Total
1.00 Emergency Repair-27"Sewer Line at 1.00 EA $300,000.00 $300,000.00
Fossil Creek GC.-Fish kill within Big
Fossil Creek near Beach Street Crossing.
Hole in 27"sewer line at Fossil Creek
Golf Course.Estimated cost$300,000
LN/FY/Accountcode Dollar Amount
1.000/17/56001- $300,000.00
0707001-5330201-----
SubTotal: $300,000.00
Tax: $0.00
Discount: $0.00
TOTAL: $300,000.00
I CERTIFY THAT FUNDS FOR
THIS PURCHASE WERE
AUTHORIZED AND PROVIDED
FOR IN THE CURRENT BUDGET.
AUTHORIZED SIGNATURE
TITLE
BUYERS SIGNATURE DATE PHONE
Contract Compliance Manager
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
(�L_T�&Y��_,,,,-7
401. - 1 -
Signature
Jim Deeter
Name of Employee
_Senior Professional Engineer
Title