HomeMy WebLinkAboutContract 48977 CITY SECRETARY�/��✓lr' 1
CONTRACT NO. / Agreement
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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 municipality acting by
5 and through its duly authorized City Manager, ("City"), and WILLIAM J. SCHULTZ, INC., D/B/A CIRCLE
6 "C" CONSTRUCTION COMPANY, a corporation authorized to do business in Texas, acting by and through
7 its duly authorized representative ("Contractor"). City and Contractor, in consideration of the mutual covenants
8 hereinafter set forth, agree as follows:
9 Article 1.WORK
10 Contractor shall install a sanitary sewer line on Valley View Drive from mid-block to Westridge Drive to replace
11 a portion of sewer lateral (L-3792) that has collapsed, thereby eliminating sewer back-up problems to residents
12 connected to the lateral.
13 Article 2.PROJECT
14
15 Over the past several years, Water Field Operations (WFO) staff have responded to numerous calls from residents
16 on Valley View Drive who are currently served by L-3792, a 6-inch concrete and cast iron sewer line installed in
17 1951. A portion of the lateral is deteriorated beyond repair and causing sewer back-ups to some residents. WFO
18 is no longer able to maintain the lateral.
19 Article 3. CONTRACT TIME
20 3.1 Time is of the essence.
21 Contractor recognizes that time is of the essence, and the Contractor will be required to remain on the jobsite until
22 the lateral sewer is replaced and sewer service is restored. The City expects the Contractor to have a sense of
23 urgency to complete the Work in a timely manner.
24 Article 4. CONTRACT PRICE
25 City agrees to pay Contractor for performance of the Work based on Contractor's invoice an amount up to Six
26 Hundred Thousand Dollars ($600,000.00)This figure e may be adjusted up or down as final invoices are received.
27 Article 5. CONTRACT DOCUMENTS
28 5.1 CONTENTS:
29 The Contract Documents which comprise the entire agreement between City and Contractor concerning
30 the Work consist of the following:
31 1. This Agreement.
32 2. Exhibits to this Agreement:
33 a. Approved Invoice
34 b. Evidence of Current Insurance
35 c. Current Prevailing Wage Rate Table incorporated by reference.
36 3. General Conditions incorporated by reference
37
38 Article 6. MEIVINI 41CATION
EWOFMIAOFFICIAL.RECORO
Emergency Agreement—Emergency Sewer Replacement on Valley View DriveCRY"I TX
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Agreement
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39 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its
40 officers,servants and employees,from and against any and all claims arising out of, or alleged to arise
41 out of, the work and services to be performed by the contractor, its officers, agents, employees,
42 subcontractors, licenses or invitees under this contract. This indemnification provision is specifically
43 intended to operate and be effective even if it is alleged or proven that all or some of the damages
44 being sought were caused, in whole or in part, by any act, omission or negligence of the city. This
45 indemnity provision is intended to include,without limitation, indemnity for costs, expenses and legal
46 fees incurred by the city in defending against such claims and causes of actions.
47 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its
48 officers,servants and employees,from and against any and all loss,damage or destruction of property
49 of the city, arising out of, or alleged to arise out of, the work and services to be performed by the
50 contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract.
51 This indemnification provision is specifically intended to operate and be effective even if it is alleged
52 or proven that all or some of the damages being sought were caused, in whole or in part, by any act,
53 omission or negligence of the city.
54
55 Article 7. MISCELLANEOUS
56 7.1 Terms.
57 Terms used in this Agreement which are defined in Article I of the General Conditions will have the
58 meanings indicated in the General Conditions.
59 7.2 Assignment of Contract.
60 This Agreement, including all of the Contract Documents may not be assigned by the Contractor without
61 the advanced express written consent of the City.
62 7.3 Successors and Assigns.
63 City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other
64 party hereto, in respect to all covenants, agreements and obligations contained in the Contract Documents.
65 7.4 Severability.
66 Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a
67 court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be
68 valid and binding upon CITY and CONTRACTOR.
69 7.5 Governing Law and Venue.
70 This Agreement;including all of the Contract Documents is performable in the State of Texas. Venue shall
71 be Tarrant County, Texas, or the United States District Court for the Northern District of Texas, Fort Worth
72 Division.
73 .7.6 Other Provisions.
74 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is classified,
75 promulgated and set out by the City.
76 7.7 Authority to Sign.
77 Contractor shall attach evidence of authority to sign Agreement, if other than duly authorized signatory of
78 the Contractor.
Emergency Agreement—Emergency Sewer Replacement on Valley View Drive
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Agreement
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79
80 IN WITNESS WHEREOF, City and Contractor have signed this Agreement in multiple counterparts. At least
81 one counterpart of each has been delivered to City and Contractor.
82
83 This Agreement will be effective on the last date subscribed by a signatory(which is the Effective Date of the
84 Agreement).
85
City of Fort Worth
Contractor: WILLIAM J. SCHULTZ,INC.,D/B/A
CIRCLE"C"CONSTRUCTION COMPANY
1,4 By: �
Jesus J. Chapa
By: Assistant City Manager
(Signature) /
Title: , Date
(Printed ame)
Attest:
i cr ary �F-n?, ,•OR
Address: /�D, ,�o.Y X037 8 \y �
(Seal) U; 0
City/State/Zip: Approved as to Form and Legality: '
Date *0'- 7-/ 725vo(�> �xAS
Dou Black
Senior Assistant City Attorney
86 M&CqA--
87 Date
88
89 APPROVAL RECOMMENDED:
90
91
92
93 Chris Harder, P.E.
94 Assistant Director,Water Department
Emergency Agreement—Emergency Sewer Replacement on Valley View Drive
INTEROFFICE MEMO
DATE: MARCH 16,2017
TO: JESUS CHAPA, ASSISTANT CITY MANAGER
DOUG BLACK, SR. ASSISTANT CITY ATTORNEY
FROM: CARMAN, WATER DIRECTOR
SUBJECT: EMERGENCY REPLACEMENT—VALLEY VIEW DRIVE SEWER LINE
On March S, 2017, the Water Department received an e-mail from the resident at 6101 Valley
View expressing frustration over the lack of progress in eliminating sewer backups at her
property. That residence is served off a 6" concrete and cast iron sewer line (L-3792) that was
installed in 1951. For the past few years, Water Field Operations has responded to numerous
calls from residents connected to this sewer line complaining of sewer backups. The sewer line
is located in a heavily landscaped and vegetated area. At several locations, the sewer line is
located underneath building foundations and retaining walls with minimal cover, which makes
rehabilitation by pipe bursting infeasible due to the potential for structural damage to
foundations.
Sewer backups into residences are a health and safety concern. In order to resolve this situation
quickly, the recommendation is to retain a qualified contractor to make a trenchless repair of the
existing sewer line located to the east of Westridge, install a new sewer line by both tunneling
and open cut methods and connect to the existing sewer line in Ridglea Drive, and replace and
regrade portions of the existing sewer line in Valley View. Seven lots will have their sewer
services transferred from the existing sewer main currently running under their houses to the
sewer main in Valley View. Transferring these services will involve installation of individual lot
grinder pumps. The grinder pumps, electrical panels, and sewer services will be installed by the
Water Department's Contractor and then turned over to the property owner for ownership and
maintenance.
It is beyond the capacity of Water Department staff to perform sewer construction of this
difficulty and complexity involving trenchless pipe repair, grinder puunp installation, electrical
work, and sewer tunneling. Therefore the Water Department has contacted Circle C
Construction TX, L.P.to perform the work.
Waiting to bid and award a contract to perform an immediate replacement of this line is not in
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 construction
services. The total cost associated with this emergency is estimated to be $600,000.
A confirming M&C will be circulated to ratify the above activities after the work has been
performed.
APPROVED FOR EMERGENCY PROCUREMENT:
Recommended:
Ca man, D ect r,Water Dept.
i
Approved As To Form and Legality:
Douglas W Black, Sr.Assistant City Attorney
Approved:
Jac ale,Purchasing Manager
Approved:
Jesus J. Chapa,Assistant City a ger
,Harder, Christopher
From: Norwood,Walter P
Sect: Thursday, March 09,2017 9:52 AM
To: Sholola,Tony
Subject: FW: City's sewer line in my yard
FYI
From:Valerie [mailto:vall<allen(@sbcglobal.netj
Sent:Wednesday, March 08,2017 2:43 PM
To:Norwood,Walter P
Subject: RE:City's sewer line in my yard
Walter,
I am still having problems with the City's sewer line.As you may recall,my next neighbor(Robert McCan,
west side of my home)had similar problems with the City's sewer line. I am SO VERY ANGRY because there
was so much digging and labor to install four separate drains/cleanouts/covers in MY BACKYARD to alleviate
Robert's sewer problem but none of the four"eyesores" created to remedy Robert's problem benefited me at all.
I hired a plumber to educate me on why and for whom the City created the drains/cleanouts/covers.He told me
that unless the City replaces its corroded,antiquated line that MY LINE feeds into, anything he fixes on my end
will be for nothing and I will continue to experience the same backup and flooding problems.
Walter, I pay more than my fair share of property taxes in my neighborhood on my mother's house and my
house (6120 Sharon Road and 6101 Valley View Drive). I actually pay more property taxes than both of my
male next door neighbors pay in property taxes COMBINED and they've received the repairs they
requested/needed. I have waited for more than a year and have received NOTHING?
I've been patient to no avail.I am tired of waiting for the City to replace its sewer line. I am tired of being
treated like a second-class citizen. I am tired of the City ignoring this problem..If the City does not replace its
line within the next two weeks,I will be contacting the news outlets and will hire an attorney to deal with this
problem.
Valerie K. Allen
6101 Valley View Drive
Fort Worth,TX 76116
817-980-6423
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oRT WORTH CITY OF FORT WORTH P.O.DATE: 4/5/2017
Purchase Order Purchase Order Number
POA 7-00098738
SHOW THIS NUMBER ON ALL
PACKAGES,INVOICES AND
SHIPPING PAPERS.
V Vendor Number:0000007744 WATER DEPARTMENT
E CIRCLE C CONSTRUCTION COMPANY S WATER&SEWER ADMINISTRATION
N CIRCLE C CONSTRUCTION COMPANY H 200 Texas
P O BOX 40328 1 FORT WORTH,TX 76102
D
FORT WORTH,TX 76140 p
0 O Phone: (817)392-1111
IRI 1
INVOICES: Direct invoices in DUPLICATE to the address shown. MAIL INVOICE IN DUPLICATE TO:
STANDARD PURCHASING TERMS AND CONDITIONS set forth in the B WATER DEPARTMENT
City of Fort Worth's Bid or Quotation, are incorporated herein by I WATER&SEWER ADMINISTRATION
reference and become a part of this order. L 200 Texas
L FORT WORTH,TX 76102
T
O Phone: (817)392-1111
Account Code:56001-0707001-5330201----- Payment Terms: Net 30
Shipping Terms: Destination,Prepaid&Allowed
Bid No.: Delivery Calendar Day(s)A.R.O.: 0
Item Class-Item Requisition Quantity Unit Unit Price Total
#
Class-Item 913-61
1 Emergency Repair-Valley View Drive Sewer Line-PM Walter Norwood 1 EA $600,000.00 $600,000.00
LN/FY/Account Code Dollar Amount
1117/56001-0707001-5330201----- $600,000.00
TOTAL: $600,000.00
APPROVED:
Rev.20091027 By: Jane Rogers
Phone#: (817)392-8385
BUYER
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.
( 0� G
Signature
)PKD.,
Name of Employee
Title