HomeMy WebLinkAboutContract 54184 07/24/20 CSC No.54184
9:26 am
Agreement
Page I of 3
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 will repair damaged, temporary protective wall structures, repair damaged pipe segments of the 90-
11 inch sewer main(s) (M-280-B and M-338-13), as needed, and will, through its subcontractor Xylem, Inc. shall
12 maintain round the clock by-pass pumping to divert sewer flow away from the damaged section of the 90-inch
13 sewer main.
14 Article 2.PROJECT
15 The recent rains of June 27 — June 29, 2020 flooded a job site where work was underway to provide erosion
16 protection of the twin 90-inch sanitary sewer mains which convey raw sewage to the Village Creek Treatment
17 Plant. The damaged main must be replaced immediately to protect the health and safety of the citizens of Font
18 Worth.
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 job until the
22 damaged section of the sewer main has been replaced, the protective wall structure repaired and bypass pumping
23 is no longer necessary at the job site. The City expects the Contractor to have a sense of urgency to complete the
24 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 amount up to One
27 Million Six, Hundred Thousand_Dollars ($1,60)000.00) This figure may be adjusted up or down as final
28 invoices are received.
29 Article 5.CONTRACT DOCUMENTS
30 5.1 CONTENTS:
31 The Contract Documents which comprise the entire agreement between City and Contractor concerning
32 the Work consist of the following:
33 1. This Agreement.
34 2. Exhibits to this Agreement:
35 a. Approved Invoice
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
Emergency Agreement- Emergency Response for Trinity River OFFICIAL RECORD
Streambank Erosion Affecting Two 90-inch Sanitary Sewer Lines(July 2020)
CITY SECRETARY
FT. WORTH, TX
_2
Agreement
Page 2 of 3
41
42 Article 6.INDEMNIFICATION
43 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its
44 officers,servants and employees,from and against any and all claims arising out of,or alleged to arise
45 out of, the work and services to be performed by the contractor, its officers, agents, employees,
46 subcontractors, licenses or invitees under this contract. This indemnification provision is specifically
47 intended to operate and be effective even if it is alleged or proven that all or some of the damages
48 being sought were caused, in whole or in part, by any act, omission or negligence of the city. This
49 indemnity provision is intended to include,without limitation,indemnity for costs,expenses and legal
50 fees incurred by the city in defending against such claims and causes of actions.
51
52 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its
53 officers,servants and employees,from and against any and all loss,damage or destruction of property
54 of the city, arising out of, or alleged to arise out of, the work.and services to be performed by,the
55 contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract.
56 This indemnification provision is specifically intended to operate and be effective even if it is alleged
57 or proven that all or some of the damages being sought were caused,in whole or in part, by any act,
58 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 have the
63 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 Contractor without
66 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 representatives to the other
69 party hereto, in respect to all covenants,agreements and obligations contained in the Contract Documents.
70 7.4 Severability.
71 Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a
72 court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be
73 valid and binding upon CITY and CONTRACTOR.
74 7.5 Governing Law and Venue.
75 This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shall
76 be Tarrant County,Texas,or the United States District Court for the Northern District of Texas,Fort Worth
77 Division.
78 7.6 Other Provisions.
79 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is classified,
80 promulgated and set out by the City.
Emergency Agreement- Emergency Response for Trinity River
Streambank Erosion Affecting Two 90-inch Sanitary Sewer Lines(July 2020)
-3
Agreement
Page 3 of 3
81 7.7 Authority to Sign.
82 Contractor shall attach evidence of authority to sign Agreement, if other than duly authorized signatory of
83 the Contractor.
84
85 IN WITNESS WHEREOF, City and Contractor have signed this Agreement in multiple counterparts. At least
86 one counterpart of each has been delivered to City and Contractor.
87
88 This Agreement will be effective on the last date subscribed by a signatory(which is the Effective Date of the
89 Agreement).
90
City of Fort Worth
Contractor: WILLIAM J.SCHULTZ,INC.,
DB/A CIRCLE"C"CONSTRUCTION Dana BurAhdaff
COMPANY
Dana Burghdoff u124,202007:22CDT)
B v:
Dana Burghdoff
By: a 5= Assistant City Manager
(Signature) Jul 24,2020
Title: Vice-President Date
_.s_ oo4�unb
o ti
_ oat FORT ��
p.OC0000000°o�
Teresa Skelly o°° °°Odd
(Printed Name) P E'g °o 0
pv° °_0
oo. o d
Attest:_ City Secretary ddQ a��EXAS�p�
__Address: f'O Box Pdsz 9 n�n44
F.f lJe.fJ, . %iY 7G/s�G (Seal)
City/State/Zip: Approved as to Form and Legality:
1i
Date 7-/(r - zoz d DBlack(Ju123,2u2uzs:u2cDr)
Douglas W. Black
Senior Assistant City Attorney
91 M&C N/A
92 Date N/A CONTRACT COMPLIANCE MANAGER:
93 Form 1295 N/A By signing,i acknowledge that I am the person responsible
94 for the monitoring and administration of this contract,
95 APPROVAL RECOMMENDED: including ensuring all erformance and reporting requirements.
97 COH's"he�er(ul 16,202016:�O6 CDT)
98 ToLi Sir, o
99 Chris Harder, P.E. Tony Sholola,P.E.
100 Director, Water Department Assistant Water Director
101 200 Texas St. Fort Worth,TX-76102
Emergency Agreement- Emergency Response for Trinity River OFFICIAL RECORD
Streambank Erosion Affecting Two 90-inch Sanitary Sewer Lines(July 2020)
CITY SECRETARY
FT. WORTH, TX
INTEROFFICE MEMO
Date: July 10, 2020
To: Dana Burghdoff,Assistant City Manager
From: Chris Harder, P.E.,Water Director
Via: Doug Black, Sr.Assistant City Attorney
Cynthia Garcia,Assistant Director,Purchasing
Subject: Trinity River Bank Erosion Affecting M-280-B and M-338-B—Emergency Response
On June 27—June 29, a major rain event flooded the job site resulting in destruction of the access ramp to
the edge of the river and damaging the sheet pile cutoff wall that provided temporary support for the two
sewer mains. In addition, the 90-inch sewer main closest to the river developed cracks with raw sewage
flowing into the river. It is imperative that the damaged section of the sewer main be replaced as soon as
possible.
This memo is submitted to request authorization for emergency procurement of services outlined below, at
a cost of approximately $1,800,000.00, The consequences of additional failure of one or both of the 90"
pipes—resulting in raw wastewater flowing into the Trinity River are dire and such must be prevented.
Under this emergency memorandum,the Water Department will:
I. Implement round the clock by-pass pumping to divert sewer flow away from the damaged pipe
until it is replaced. By-pass pumping will be conducted by the team of Xylem, Inc. and Circle C
Construction with Circle C as the prime contractor. Pipe replacement will be performed by Circle
C Construction.The estimated cost of the by-pass pumping and pipe replacement is$1,600,000.00.
I
2. Engage Freese and Nichols,Inc. to provide design for replacement of the damaged section of pipe, I
assist with developing a plan for restraining the shoring from additional failure, survey to the
centerline of both sewer mains,assist with the development of the by-pass pumping plan and attend
weekly on-site strategic meetings with all stake holders until the original construction resumes.The
estimated cost of this effort is$200,000.00.
The City is exempt from competitive bidding when an emergency threatens the city's property or the public
health of the citizens. These emergency contracts to address the failing cutoff walls, establishing by-pass
pumping and repairing the cracked pipeline furthers the interest of protecting the public health and safety
of the City as well as being necessary to protect the city's property. Chapter 2,Article I, Section 2-9 at(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 the city's property and the
public health or safety of the municipality's residents.
a
s
1
A confirming M&C will be circulated to ratify the above activities after the work has been performed.
APPROVED FOR EMERGENCY PROCUREMENT:
L-2
Recommended: Christopher Hard (Jul 10,2020 M:07 CDT)
Chris rder,Director,Water Department
Approved as to form and Legality: 71ack(Jul 13,202012:16 CDT)
Douglas W.Black,Sr.Assistant City Attorney
Approve:
Cynthia Garcia,Assistant Director,Purchasing
Approve; pa1-r11' �,Lz so
Dana Burghdoff,Assistant City Manager
. i
:
i