HomeMy WebLinkAboutContract 54229 CSC No.54229
Emergency Agreement
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1 AGREEMENT FOR EMERGENCY REPAIR SERVICES
2
3 THIS AGREEMENT is made by and between The City of Fort Worth, a Texas home rule municipality acting by
4 and tlu•ough its duly authorized City Manager, ("City"), and Sean Electrical,Inc., a corporation authorized to do
5 business in Texas,acting by and through its duly authorized representative("Contractor"). City and Contractor, ill
6 consideration of the mutual covenants hereinafter set forth,agree as follows:
7 Article 1. WORK
8 Contractor sliall repair/replace the damaged signal pole at South Riverside Drive and East Lancaster Avenue back
9 to good working order.
10 Article 2.PROJECT
11
12 On or about July 27 or 28, a motorist apparently damaged a signal pale at the intersection of Riverside
13 Drive and E, Lancaster Ave. The signal pole is 20' tall and supports a mast arm approximately 68' long.
14 The intersection is operable at this time to control traffic.
15 Article 3. CONTRACT TIME
16 3.1 Time is of the essence,
17 Contractor recognizes that time is of the essence,and the Contractor will be required to remain on Elie jobsite until
18 the signal pole is repaired and traffic signal operation is restored. The City expects the Contractor to have a sense
19 of urgency to complete the Work in a timely manner.
20
21 Article d, CONTRACT PRICE
22 City agrees to pay Contractor for performance of the Work based on Contractor's invoice an approximate amount
23 of Eight Thousand Dollars $8 000.0Q .This figure may be amended up or down as final invoices are received.
24 Article 5. CONTRACT DOCUMENTS
25 5.1 CONTENTS:
26 The Contract DocLunents which comprise the entire agreement between City and Contractor concerning
27 the Work consist of the following:
28 1. This Agreement.
29 2. Exhibits to this Agreement:
30 a. Approved Invoice
31 b. Evidence of Current Insurance
32 c. Current Prevailing Wage Rate Table incorporated by reference.
33 3, General Conditions incorporated by reference
34
35 Article 6.INDEMNIFICATION
OFFICIAL RECORD
Signal at S.Riverside and Laaaister Ave. CITY SECRETARY
FT.WORTH, TX
Emergency Agreement
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36 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its
37 officers,servants and employees, from and against any and all claims arising out of,or alleged to arise
38 out of, the work and services to be performed by the contractor, its officers, agents, employees,
39 subcontractors, licenses or invitees under this contract. This indemnification provision is specifically
40 intended tooperate and be effective even if it is alleged or roven that all or some of the damn es
41 bein sought were caused in whole or in part by any act omission or negligence of the city. This
42 indemnity provision Is Intended to inchtdc,without limitation,indemnity for costs, expenses and legal
43 fees incurred by the city in defending against such claims and causes of actions.
44
45 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its
46 officers,servants and employees,from and against any and all loss,damage or destruction of property
47 of tine city, arising out of, or alleged to arise out of, the work and services to be performed by the
48 contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract.
49 This indemnification provision is specifically Intended to operate and be effective even if it is alleged
50 or proven that all or some of the damages being sought were caused in whole or in part, bY arlY act
51 omission or negligence of the city.
52
53 Article 7. MISCELLANEOUS
54 7.1 Terms.
55 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the
56 meanings indicated in the General Conditions.
57 7.2 Assignment of Contract.
58 This Agreement, including all of the Contract Documents may not be assigned by the Contractor without
59 the advanced express written consent of the City.
60 7.3 Successors and Assigns.
61 City and Contractor each binds itself, its partners,successors, assigns and legal representatives to the other
62 party hereto, in respect to all covenants,agreements and obligations contained in the Contract Documents.
63 7.4 Severability.
64 Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a
65 court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be
66 valid and binding upon CITY and CONTRACTOR.
67 7.5 Governing Law and Venue.
68 This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shall
69 be Tarrant County,Texas, or the United States District Court for the Northern District of Texas,Fort Worth
70 Division.
71 7.6 Other Provisions.
72 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is classified,
73 promulgated and set out by the City.
Signet at S.Riverside,and Lancasler Ave.
Emergency Agreement
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74 7.7 Authority to Sign.
75 Contractor shall attach evidence of authority to sign Agreement, if other than duly authorized signatory of
76 the Contractor.
77
78 IN WITNESS WHEREOF,City and Contractor have signed this Agreement in multiple counterparts. At least
79 one counterpart of each has been delivered to City and Contractor.
80
8.1 This Agreement will be effective on the last date subscribed by a signatory(which is the Effective Date of the
82 Agreement).
83 City of tort Worth
Contractor:- ac n.,. (cal, Inc
% ray:P.4.7.Borphdoff(Alig
Dana Burghdoff
B ;f' 11Assistant City Manager
(Signature) 4a44oan��
Title: Date pa fc FORS�a
President 'g o o°° opa0
ti odd
Roy E Bean II ovo o=�
(Printed Name) dp*o o
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Atte4t rROndIE P.GDnxil¢5(nYg3,102019. Tribnndpp�
Mary Kayser
City Secretary
Address: 821 E Enon
(Seal)
City/State/Zip: Everman,Texas 76140. Approved as to form and Legality:
7/28/2020 rirsi-m�
Date (,��.,,w�,,,1:0.»»(a 54 CDT)
Douglas W.Black
Senior Assistant City Attorney
84 M&C_SEE ATTACHED MEMORANDUM_
85 Date
86
87 APPROVAL RECOMMENDED:
88
89
90
91 William Johnson
92 Director,TPW Department
93 200 Texas St.Fort Worth,TX-76102
OFFICIAL RECORD
Signal at.3,Riverside and Lancaster Ave.
CITY SECRETARY
FT.WORTH, TX
Contract Compliance Manager:
By signing 1. acknowledge that 1 am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
Clint Hoover, P.E. / &Z /
Name of Employee/Signature
Engineering Manager
Title
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
BEPWINM EL____,E1,CTRICALL, ING
821 E. Etioii r1.�etlue �'317-�(i1-7100
Fart Wortll,'texas 76140 F 817-561-7403
«�«�'.l)C'i111C lCCtrlCill,CGlll
Tuesday,July 28, 2020
To: Clint Hoover
COFW-TPW
Bean Electrical,Inc. is proud to offer an estimate for the project:
East Lancaster & South Riverside — Emergency Traffic Signal Repair
Scope: Per Bid Lis Items Below:
Item Qty 1 Unit Item Description Unit Price Amount
1 1 LS Mobilization $1,500.00 $1,500.00
2 1 EA Pick Up 60'LMA Assy 1:rom TXDOT $1,500.00 $11500.00
Remove Damaged Vertical Assy&Replace With New(Make All
3 1 EA Necessaty'1'maination's) $3,SDD.00 $3,500.OD
4 1 EA Deliver Damaged Traffic Pole Assy To COF'W Yard $1,500.00 $1,500.00
TOTAL $8,000.00
Clarifications and Exclusions:
1. Excludes anything not listed in scope and the following below
2. Traffic Control(To Be Supplied By City Forces)
3. Performance/Payment Bonds
4. City Permits
5, Allowances/City Fees
6. Overtime&Acceleration
7. Taxes
8. Darnage to Paving or Asphalt
9. Damage to unseen/unmarked utilities
10. Due to the market changes in materlals, price good for 30 days.
11, Bid based on normal working hours (7:00 to 3:30 Monday through Friday)
12. Bean Electrical,Inc. reserves the right to negotiate a mutually acceptable contract.
Sincerely,
Cady E . Turner
Bean Electrical, Inc.
TELL 17979Regulated by The Texas Department of Llcensing and Regulations,P.O.Box 12157,Austbt,Texas 78711,1 RD0 903 9202,512 463 6599,webslte
www.11ce nse,state.tx,us/complaints
signature:
Ewait: Mary.Kayser@fortwortlitexas.gov
IN7['EROItFICE MEMO
DATE: JULY 28, 2020
TO: DANA BURGHDOFF, ASSISTANT CITY MANAGER
WILLIAM JOHNSON, TPW DIRECTOR
FROM: TANYA BROODS,ASSISTANT DMECTOR,TPW TRANSPORTATION
MANAGEMENTfjj
SUBJECT: SIGNAL POLE AT RIVERSIDE AND LANCASTER—EMERGENCY
REPAIR
On or about July 27 or 28, a motorist apparently damaged a signal bole at the intersection of S.
Riverside Drive and E. Lancaster Ave. The signal pole is 20' tall and supports a mast arm
approximately 68' long. The intersection is operating but sustained structural datnage to the
traffic pole.
TPW Transportation Management Traffic Signal Maintenance does not .have the capacity to
repair/replace a signal pole of this size. The City is exempt front competitive bidding when an
emergency threatens the preservation of the city's property or the public health of the citizens.
Awarding an emergency contract to repair the traffic signal 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 requircmunts expenditures that are
necessary to preserve or protect the city's property and the public hcalth or safety of the
municipality's residents.
This memo is submitted to request authorization for emergency procurement of services from
Bean Electrical, Inc. at an estimated cost of approximately$8,000,
A confirming M&C will be circulated to ratify the above activities after the work has been
performed.
APPROVED FOR EMERGENCY PRO CURE ENT:
Recommended: r -
Witliain Johnson,Director,TPW Dept.
Approved As To Form and Legality: �h1� n20 Iir-%col
Douglas W Black, Sr.Assistant City Attorney
Apptoved:
Cynthia Gai:cia,PuEchasing Manager
��y
Apptoved: 0 na aurPiid,rt f 7 ,gin:.;i is a<oTF
Darla Burghdoff,Assistant City Manager
cc.Tanya Brooks,Assistant Director,TPW Transportation Management