HomeMy WebLinkAboutContract 488851
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Clfi'Y ����i'A� 0 ��`
CONTRACT N0.
SECTION 00 52 43
AGREEMENT FOR EMERGENCY REPAIR SERVICES
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Agreement
Page 1 of 3
THIS AGREEMENT is made by and between The City of Fort Worth, a Texas home rule municipality acting by
and through its duly authorized City Manager, ("City"), and Conatser Construction TX, LP, a corporation
authorized to do business in Texas, acting by and through its duly authorized representative ("Contractor"). City
and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:
8 Article 1. WORK
9 ConU�actar shall replace approximately 150 linear feet of defective 27-inch sanitary sewer main (M-292-C) with
10 30-inch with new fiberglass reinforced polymer pipe which is more resistant to corrosion along with
11 emergency bypass pumping.
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Article 2. PROJECT
On February 25, 2017 the Water Department responded to Sanitary Sewer overflow on Little Fossil sewer main
M-292-C in close proximity to Beach Street and Little Fossil Creek Bridge. A hole was discovered in the 30-inch
sewer main which allowed sewage discharge into the Creek during peak flows.
17 It is estimated that up to 150 LF of the existing 27-inch pipe will be replaced with new 30-inch fiberglass
18 reinforced polymer pipe as part of the emergency response. Bypass pumping of the wastewater flow shall be
19 performed in order to replace the existing pipe. It is beyond the City's ability to perfoim repairs of this size and
20 length.
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Article 3. CONTRACT TIlVIE
3.1 Time is of the essence.
23 Contractor recognizes that time is of the essence, and the Contractor will be required to remain on the jobsite until
24 the 30-inch sanitary sewer main is r•epaired and sewer service is restored. The City expects the Contractor to have
25 a sense of urgency to complete the Work in a timely manner•.
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27 Article 4. CONTRACT PRICE
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City agrees to pay Cont��actor for performance of the Work based on Contractor's invoice an amount up to Six
Hundred Thousand Dollars ($600 000.00) This fi ur�e may be amended u� or down as final invoices are i•eceived
Article 5. CONTRACT DOCTJN�NTS
5.1 CONTENTS:
The Contract Documents which comprise the entire agreement between City and Contractor concerning
the Work consist of the following:
1. This Agreement.
2. E�ibits to this Agreement:
a. Approved Invoice
b. Evidence of Current Insui•ance
c. Cur7•ent Prevailing Wage Rate Table incorporated by reference.
3. General Conditions incorporated by reference
�FFICOAa RECORD
Ci7'Y SECRE7'qRY
i'. WORTN, '1� I
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Agreement
Page 2 of 3
Article 6. IlVDEMN�ICATION
Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its
officers, servants and employees, from and against any and all claims arising out of, or alleged to arise
out of, the work and services to be performed by the contractor, its officers, agents, employees,
subcontractors, licenses or invitees under this contract. This indemnification provision is specificalIv
intended to operate and be effective even if it is alleged or proven that all or some of the damages
bein� sou�ht were caused, in whole or in part, by any act, omission or negli�ence of the city. This
indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal
fees incurred by the city in defending against such claims and causes of actions.
6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own egpense, the city, its
officers, servants and employees, from and against any and aIl loss, damage or destruction of property
of the city, arising out of, or alleged to arise out of, the work and services to be performed by the
contractor, its ofiicers, agents, employees, subcontractors, licensees or invitees under this contract.
This indemnification provision is specifcally intended to operate and be effective even if it is alle�ed
or proven that all or some of the dama�es bein� sou�ht were caused, in whole or in part, by any act,
omission or ne�li�ence of the city.
Article 7. NIISCELL�NEOUS
7.1 Terms.
Terms used in this Agreemeni which are defined in Article 1 of the General Conditions will have the
meanings indicated in the General Conditions.
7.2 Assignment of Contract.
This Agreement, including all of the Contract Documents may not be assigned by the Contractar without
the advanced express written consent of the City.
73 Successors and Assigns.
City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other
party hereto, in respect to all covenants, agreements and obligations contained in the Contract Documents.
69 7.4 Severability.
70 Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a
71 court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be
72 valid and binding upon CITY and CONTRACTOR.
73 7.5 Governing Law and Venue.
74 This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shall
75 be Tan-ant County, Texas, or the United States District Court for the Northern District of Texas, Fort Worth
76 Division.
77 7.6 Other Provisions.
78 The Contractor agrees to pay at least rninimum wage per hour for all labor as the same is classified,
79 promulgated and set out by the City.
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Agreement
Page 3 of 3
7.7 Authority to Sign.
Contractor shall attach evidence of authority to sign Agreement, if other than duly authorized signatory of
the Contractor.
IN WITNESS WFIEREOF, City and Contractor have signed this Agreement in multiple counterparts. At least
one counterpart of each has been delivered to City and Contractor.
This Agreement will be effective on the last date subscribed by a signatoiy (which is the Effective Date of the
Agreement).
/ City of Fort Worth
Contractor: �o.r a13p r l o.r S�YJ � r� �Y l D ��
By: ��
By: ��/j/% Jay Chapa
'" I, Assistant City Manager
(Signature)
Title: Date
e 1�
(Printed Name)
Address:
City/State/Zip:
Date
M&C IV %I�
Date
Attest:
(Seal)
Approved as to Form and Legality:
Douglas W. Black
Senior Assistant City Attoiney
�101M�� ����I�D
I\��3���L•�J'� • �1�1 � � �
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Chris Harder, P.E.
Assistant Director, Watet� Department
200 Texas St. Fort Worth, TX-76102
�iFFIC1A� RECORD
CITY SECRETAI�Y
�o iiK�RTH, TX
Contract Compliance fVlanager
By signing I acknowledge that I am the person responsible
for the monitoring and adminisiration of this contract, including
ensuring all performance and reporting requirements.
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Signature
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(��1�'� � tt�
Name of Employee
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Title
���icra� aE�oR�
CIT'Y SECRETARY
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�I�T��R�I'I'+YC�+ l�EIl��
DA'I'E: M�RCH 2, 2017
TO: JESUS CHAPA, ASSISTANT CITY MANAGER
DOUG BLACK, SR. ASSISTANT CITY ATTORNEY
', ;.', ; " '
�'ROM: CA.RMAN, WATER DIRECTOR �-:: "�`:; <<=�; �` G���-�'�'
SUBJECT: EMERGENCY REPAIRS — LITT�,E FOSSTL SEtiVER LINE (M-292)
On February 25, the Water Department responded to a sanitaiy sewer overflow on the Little
Fossil sewer main M-292 in close proximity to the Seach Street and Little Fossil Creek Sridge.
Field Operations Staff created a berm to prevent further migration of wastewater into the creek,
began emergency bypass pumping operations, contacted both TCEQ and TPWD, and initiated
stream cleanup. The overflow impacted the sh�eam environment, which required collection and
documentation of dead fish.
Ace Pipe Cleaning was called out to perfoim television inspection of the line in order to
determine the sections of pipe requiring emergency replacement. Based on the inspection, staff
is recommending replacement of approximately 150 linear feet of the existing 30" dia�neter pipe
by open cut, and appro�ately 100 linear feet of t�enchless repau of the existing pipe under the
Beach Street Bridge. Bypass pumping will continue at the site until the work to replace the
defective poi�tions of pipe is complete. The repau locations are shown in detail on the attached
"E�iibit A".
It is beyond the capacity of Water Department staff to perfoi�n repaus of this size and length.
Therefore the Water Department has contacted Conatser Construction TX, L.P. to perfolm the
pipe replacement and related bypass pumping.
Waiting to bid and award a contract to replace the damaged sewer line is not in the best interest
of the health and safety of the citizens 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 Goveinment Code exempt
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 subinitted to request authorization for emergency procurement of construction
services provided by Conatser Consti-uction TX, L.P.. The total cost associated with this
emergency is estimated to be $600,000.
An M&C will be circulated to ratify the emergency contract after the worlc has been perfoi-�ned.
APPROVEI� �Ol� �I�l[ER�EIe1�� PR���JIZEIVIEI�i�':
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Recoinmended: ,- � / �;; ��f-�'��
Joh1i Carman, Directoi, `Uatei Dept.
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Appioved As To Fo�n and Legality:
Douglas W Black, Si. Assistant Cit�T Attoi�ey
Approved:
Jack Da1e Purchasing 1Vlanager
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Approved: ��~'
Jesus J. Chapa, Assistant Cit�� 1 anagei
�F�ICIAi. R�CORD
Ci7'Y SECRETARY
�FT. Vl14RTH, TX
Page 'I of 1
R U' S' T� o� Printed:
03/07l2017
Date: 03/07l2017 Requisition Na
Required 03/07/2017 WATER-17-
Date: _ �0382323' .
S City of Ft Wo►th i City of Ft Worth
H WATER & SEWER N WATER & SEWER
I ADMINISTRATION V ADMINISTRATION
P 200 Texas O 200 Texas
FORT WORTH, TX 76102 1 FORT WORTH, TX 76102
T C
O E
Requesting Department Requestor Phone # Requisition Type
WATER DEPARTMENT (817)392 - 8252
Item Class-Item and Description Quanfity Unit Unit Price Total
1.00 Emergency Repair- Little Fossil Sewer 1.00 EA $600,000.00 $600,000.00
Line (M-292) - Close proximity to the
Beach Street and Little Fossil Creek
Bridge - PM Robert Sauceda - $600,000
LN/FY/Accountcode Dollar Amount
1.000 / 17 / 56001- $600,000.00
0707001-5330201-----
. SubToiai: $600,000.00
Tax: $0.00
Discount: $0.00
TOTAL: $600,000.00
I CERTIFY THAT FUNDS FOR
THIS PURCHASE WERE
AUTHORIZED AND PROVIDED
FOR IN THE CURRENT BUDGET.
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M&C Review
Page 1 of 2
CITY COUNCIL AGENDA
Official site of the City of Fort Worth, Texas
Fo�m
..... _...... _ __ ......_ _... __ .. _
COUNCIL ACTION: Approved on 8/1/2017 - Ordinance No. 22805-08-2017
REFERENCE ** 60LFOSSILCEMER -
DATE: 8/1/2017 NO.: C-28303 LOG NAME: CONATSER
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Ratify Emergency Contract with Conatser Construction TX, LP, City Secretary Contract No.
48885, in the Final Amount of $204,097.99 for Emergency Sanitary Sewer Repair Work
Performed on Little Fossil Creek Twenty -Seven Inch Sanitary Sewer Break and Adopt
Appropriation Ordinance (COUNCIL DISTRICT 4)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations
in the Water Capital Projects Fund in the amount of $204,097.99 from available funds; and
2. Ratify an Emergency Agreement with Conatser Construction TX, LP, City Secretary Contract
No. 48885, in the final Amount of $204,097.99 for emergency work to repair a 27-inch
sanitary sewer main M-292-C located near the Beach Street and Little Fossil Creek Bridge
intersection.
DISCUSSION:
On February 25, 2017, the Water Department responded to a sanitary sewer overflow on Little Fossil
M-292-C located near the North Beach Street and Little Fossil Creek Bridge. A hole was discovered
in the sewer main which allowed sewer discharge into Fossil Creek during peak flows.
Sanitary Sewer Overflows are a threat to 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.
Bypass pumping operation was necessary in order to replace the collapsed segment of pipe and it
was necessary to install 150 feet of 30-inch pipe to repair the sewer main. It was beyond the City's
ability to perform a repair of this size and depth. The Water Department engaged Conatser
Construction TX, LP, for the emergency repair to sanitary sewer main M-292-C.
The attached memo approved by the City Manager, dated March 2, 2017, authorized the emergency
procurements necessary to quickly repair the sewer pipe break. The estimated cost for the repairs
was $600,000.00. Actual costs for the work was $204,097.99, which is fair and reasonable for the
work performed.
This project was located in COUNCIL DISTRICT 4.
This contract legally does not require City Council approval.
This M&C does not request approval of a contract with a business entity.
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=24846&councildate=8/1/2O17 8/3/2017
M&C Review
Page 2 of 2
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of
the attached appropriation ordinance, funds will be available in the current capital budget, as
appropriated, of the Water Capital Projects Fund. The Fiscal Year 2017 Sewer Operating Budget
includes appropriations of $31,636,073.00 for the purpose of providing Pay -As -You -Go funding for
sewer capital projects. After this transfer for Fiscal Year 2017, the balance will be $4,084,379.00
Appropriations for this project are as depicted below:
Existing Additional (I Project
FUND Appropriations Appropriations Total*
Water
Capital
Projects $0.00 $204,097.99 $204,097.99
Fund
—56002
Project $0.00 $204,097.99 $204,097.99
Total
*Numbers rounded for presentation purposes.
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity I Budget Reference # Amount
ID ID Year (Chartfield 2)
Submitted for City Manager's Office bv: Jay Chapa (5804)
Oriciinatinci Department Head: Kara Shuror (8819)
Additional Information Contact: Robert C. Sauceda (2387)
ATTACHMENTS
60LFOSSILCEMER - CONATSER 60 AO.docx
60LFOSSILCEMER CONATSER MaD01.Ddf
60LFOSSILCEMER CONSTSER Memo.Ddf
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=24846&councildate=8/1/2O17 8/3/2017