HomeMy WebLinkAboutContract 54419 CSC No. 54419
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. SCIIULTZ, INC., DB/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 bore a new sanitary sewer main across East Loop 820 and connect to an existing main on the east
11 side of the highway to replace sanitary sewer mains M-182 and M-191 which are severely deteriorated.
12 Article 2.PROJECT
13 On January 16,2020,Water Field Operations responded to two sanitary sewer overflows(SSOs)on M-191 which
14 (along with M-181)cross underneath East Loop 820 near Richardson Street.Follow up investigation revealed that
15 both mains are severely deteriorated, which has significantly reduced capacity and hence the overflow. Bypass
16 pumping of the affected mains resolved the SSO, but remains on-going.
17 Article 3.CONTRACT TIME
18 3.1 Time is of the essence.
19 Contractor recognizes that time is of the essence,and the Contractor will be required to remain on the jobsite until
20 the bore is complete, the new main is functioning and the existing mains have been abandoned. The City expects
21 the Contractor to have a sense of urgency to complete the Work in a timely manner.
22 Article 4.CONTRACT PRICE
23 City agrees to pay Contractor for performance of the Work based on Contractor's invoice an amount up to Eighty_
24 Eight Hundred Thousand Dollars ($880,000.00)_ This figure may be amended up or down as final invoices are
25 received.
26 Article 5.CONTRACT DOCUMENTS
27 5.1 CONTENTS:
28 The Contract Documents which comprise the entire agreement between City and Contractor concerning
29 the Work consist of the following:
30 1. This Agreement.
31 2. Exhibits to this Agreement:
32 a. Approved Invoice
33 b. Evidence of Current Insurance
34 c. Current Prevailing Wage Rate Table incorporated by reference.
35 3. General Conditions incorporated by reference
36
37
38
39 Article 6.INDEMNIFICATION
Emergency Agreement- Emergency Response for Sanitary
Sewer Mains M-182 and M-191 Crossing IH-820 OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
_ 2
Agreement
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40 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its
41 officers,servants and employees,from and against any and all claims arising out of,or alleged to arise
42 out of, the work and services to be performed by the contractor, its officers, agents, employees,
43 subcontractors, licenses or invitees under this contract. This indemnification provision is specifically
44 intended to operate and be effective even if it is alleged or proven that all or some of the damages
45 beina sought were caused in whole or in part, b , any act omission or ne li ence of the city. This
46 indemnity provision is intended to include,without limitation,indemnity for costs,expenses and legal
47 fees incurred by the city in defending against such claims and causes of actions.
48
49 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its
50 officers,servants and employees,from and against any and all loss,damage or destruction of property
51 of the city, arising out of, or alleged to arise out of, the work and services to be performed by the
52 contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract.
53 This indemnification provision is specifically intended to overate and be effective even if it is allersed
54 or proven that all or some of the damages being sought were caused in whole or in pert, by any act
55 omission or negligence of the ci
56
57 Article 7.MISCELLANEOUS
58 7.1 Terms.
59 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the
60 meanings indicated in the General Conditions.
61 7.2 Assignment of Contract.
62 This Agreement, including all of the Contract Documents may not be assigned by the Contractor without
63 the advanced express written consent of the City.
64 7.3 Successors and Assigns.
65 City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other
66 party hereto, in respect to aII covenants,agreements and obligations contained in the Contract Documents.
67 7.4 Severability.
68 Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a
69 court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be
70 valid and binding upon CITY and CONTRACTOR.
71 7.5 Governing Law and Venue.
72 This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shall
73 be Tarrant County,Texas,or the United States District Court for the Northern District of Texas, Fort Worth
74 Division.
75 7.6 Other Provisions,
76 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is classified,
77 promulgated and set out by the City.
Emergency Agreement- Emergency Response for Sanitary
Sewer Mains M-182 and M-I91 Crossing IH-820
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Agreement
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I
78 7.7 Authority to Sign.
79 Contractor shall attach evidence of authority to sign Agreement, if other than duly authorized signatory of
80 the Contractor.
81
82 IN WITNESS WHEREOF,City and Contractor have signed this Agreement in multiple counterparts. At least
83 one counterpart of each has been delivered to City and Contractor.
84
85 This Agreement will be effective on the last date subscribed by a signatory(which is the Effective Date of the
86 Agreement).
87
City of Fort Worth
Contractor:WILLIAM J.SCHULTZ,INC.,
D/B/A CIRCLE"C"CONSTRUCTION 13 �G
COMPANY
-- Dana Burghdoff(Sep 4,202 9:30 CDT)
B_v:
Dana Burghdoff
By: Assistant City Manager
(Signature) Sep 4,2020
Title: `Flee-President 444�n4
Date apF FORt
o° °°° G
Teresa Skelly °
(Printed Name)
b
nEXAsbpp
Attest:
City Secretary
Address: �6 Bow yD3Z�
/�.f C✓c.f1, e rox ;W.1P a (Seal)
City/State/Zip: A ro ed as to Form and Legality:
Date 9 -f -202 Q DBiz k(Sep 3,2020 17:31 CDT)
Douglas W.Black
88 M&C:N/A Senior Assistant City Attorney
89 Date:N/A
90 Form 1295:N/A
91
92 APPROVAL RECOMMENDED:
93
94 Chgi 4her Har-der
95 Christopher Harder(Sep 3,202016:39 CDT)
96 Chris Harder,P.E.
97 Director, Water Department
98 200 Texas St.Fort Worth,TX-76102
Emergency Agreement- Emergency Response for Sanitary
Sewer Mains M-182 and M-191 Crossing IH-820 OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
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 d reporting requirements.
e--_
/OA4D b4
Signa
Tony Sholola
Name of Employee
Assistant Water Director
Title
ATTEST:
Mary J. Kayser
City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
INTEROFFICE MEMO
Date: January 27,2020
To: Dana Burghdoff,Assistant City Manager
From: Chris Harder,P.E.,Water Director C,,
Subject: SANITARY SEWER MAINS M-182 AND M-191 CROSSING IH-820—EMERGENCY
On January 16,2020,Water Field Operations responded to two sanitary sewer overflows(SSOs)on M-191
which(along with M-181)cross underneath East Loop 820 near Richardson Street.Follow up investigation
has revealed that both mains are severely deteriorated,which has significantly reduced the available sewer
pipeline capacity. The SSOs were reported to TCEQ in accordance with regulatory requirements,as well
as to the City of Arlington. Bypass pumping of the affected mains resolved the SSO,but remains on-going.
The recommended solution is to combine the two sewer mains into one at a location on the west side of the
highway, bore a new main across the highway and connect to an existing main on the east side of the
highway. The proposed design will require a TxDOT permit and permanent easement which will be
obtained as quickly as possible. Construction will be initiated upon receipt of the permit and easement.
Waiting to bid and award a design and construction contract to perform this work 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 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 engineering and
construction services to combine the two sewer mains and bore a new main across the highway. It is
estimated that the engineering, permitting, and construction costs associated with this emergency repair
may cost approximately$1,000,000.00(Construction:$880,000.00;Engineering: $120,000.00).
A confirming M&C will be circulated to ratify the above activities after the work has been performed.
I
l
APPROVED FOR EMERGENCY PROCUREMENT: f
Recommended: K? �
Ch 's Hard r,Director,Water Department
Approved as to form and Legality:
Dougla�W.Black,Sr.Assistant City Attorney
Approve:
Cynthia Garci nt Director,Purchasing
Approve:
Dan urgJ-
Ubff,Inf4m Assistant City Manager
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