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HomeMy WebLinkAboutContract 45146 (2)n�r oo sz 43 - 1 CITYBEV�/��/Ml1 Agreement CONTRACT NO.) 1 SECTION 00 52 43 2 AGREEMENT 3 4 THIS AGREEMENT is made by and between The City of Fort Worth, a Texas home rule 5 municipality acting by and through its duly authorized City Manager, ("City"), and Conatser 6 Construction TX, LP, a corporation authorized to do business in Texas, acting by and through its 7 duly authorized representative ("Contractor"). City and Contractor, in consideration of the mutual 8 covenants hereinafter set forth, agree as follows: 9 Article 1. WORK 10 Contractor shall replace approx. 60 linear feet of 20-inch water main as well as a 20-inch gate 11 valve in the 4100 block of Ranch View Road. (the "Work"). The proposed 20-inch gate valve as 12 well as the necessary 20-inch water pipe along with the appropriate appurtenances will be 13 provided to the Contractor by the City. 14 Article 2. PROJECT 15 On June 27th, 2013 a water main break was reported at 4100 Ranch View Road. Dry soil 16 conditions coupled with high water demand caused instability in an old 20-inch cast iron water 17 main resulting in the main break. Additionally, one of the 20-inch gate valves needed to isolate 18 this section for repair failed to provide a safe shutdown of the broken 20-inch main. An adjacent 19 42-inch transmission main had to be shut down in order to safely repair the 20-inch water main. 20 21 Approximately 60 LF of 20-inch pipe as well as a 20-inch gate valve at this location required 22 replacement. It was beyond the Water Department's ability to perform repairs of this size and 23 length, which required work around the clock to complete the 20-inch water main repair and 24 reactivate the 42-inch transmission main as quickly as possible. In order to save costs, the Water 25 Depa.rtment will supply the necessary piping and the gate valve from materials on hand. 26 Article 3. CONTRACT TIME 27 3.1 Time is of the essence. 28 Contractor recognizes that time is of the essence, and the Contractor will be required to remain on 29 the jobsite until the 20-inch water main is repaired and the 20-inch gate valve is installed. The 30 City expects the Contractor to have a sense of urgency to complete the Work in a timely manner. 31 Article 4. CONTRACT PRICE 32 City agrees to pay Contractor for performance of the Work based on Contractor's invoice an 33 amount not to exceed One Hundred Eighty -Eight Thousand, Three Hundred Eighty Dollars and 34 Fifty -Six Cents ($188,3 80.56). 35 Article 5. CONTRACT DOCUMENTS 36 5.1 CONTENTS: 37 38 Contractor concerning the Work consist of the following: 39 1. This Agreement. 40 2. Exhibits to this Agreement: 41 a. Approved Invoice 42 b. Current Prevailing Wage Rate Table 43 3. General Conditions incorporated by reference RECEIVED NOV 2 5 2013 The Contract Documents which comprise the entire agreement between City and FFJti. II La WECORED ©8 u YY SECRETARY FT tVORTEI9 ' S 00 52 43 - 2 Agreement Page 2 of 3 44 45 Article 6. INDEMNIFICATION 46 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 47 expense, the city, its officers, servants and employees, from and against any and all 48 claims arising out of, or alleged to arise out of, the work and services to be performed 49 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 50 under this contract. This indemnification provision is specifically intended to operate 51 and be effective even if it is alleged or proven that all or some of the damages being 52 sought were caused, in whole or in part, bv anv act, omission or negligence of the city. 53 This indemnity provision is intended to include, without limitation, indemnity for 54 costs, expenses and legal fees incurred by the city in defending against such claims and 55 causes of actions. 56 57 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 58 the city, its officers, servants and employees, from and against any and all loss, damage 59 or destruction of property of the city, arising out of, or alleged to arise out of, the work 60 and services to be performed by the contractor, its officers, agents, employees, 61 subcontractors, licensees or invitees under this contract. This indemnification 62 provision is specifically intended to operate and be effective even if it is alleged or 63 proven that all or some of the damages being sought were caused, in whole or in part. 64 bv anv act, omission or negligence of the city. 65 66 Article 7. MISCELLANEOUS 67 7.1 Terms. 68 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 69 have the meanings indicated in the General Conditions 70 7.2 Assignment of Contract. 71 This Agreement, including all of the Contract Documents may not be assigned by the 72 Contractor without the advanced express written consent of the City. 73 7.3 Successors and Assigns. 74 City and Contractor each binds itself, its partners, successors, assigns and legal 75 representatives to the other party hereto, in respect to all covenants, agreements and 76 obligations contained in the Contract Documents. 77 7.4 Severability. 78 Any provision or part of the Contract Documents held to be unconstitutional, void or 79 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 80 remaining provisions shall continue to be valid and binding upon CITY and 81 CONTRACTOR. 82 7.5 Governing Law and Venue. 83 This Agreement, including all of the Contract Documents is performable in the State of 84 Texas. Venue shall be Tarrant County Texas, or the United States District Court for the 85 Northern District of Texas, Fort Worth Division. 00 52 43 - 3 Agreement Page 3 of 3 86 7.6 Other Provisions. 87 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 88 classified, promulgated and set out by the City, a copy of which is attached hereto and 89 made a part hereof the same as if it were copied verbatim herein. 90 7.7 Authority to Sign. 91 92 93 Contractor shall attach evidence of authority to sign Agreement, if other than duly authorized signatory of the Contractor. 94 IN WITNESS WHEREOF, City and Contractor have signed this Agreement in multiple 95 counterparts. At least one counterpart of each has been delivered to City and Contractor. 96 97 This Agreement will be effective on the last date subscribed by a signatory (which is the Effective 98 Date of the Agreement). 99 Contractor: ds.fatk By: City of Fort Wprth 0 fSro i thiA , 4.4.4 . By. i.QI,cD (Signre) Title: re I vttr, tct (Printed Name) Address: 53)7 to c /C-)/( (-,/) n City/State/Zip: Date j 100 M&C C S 101 Date (0%2_qq /if LC 102 103 104 105 106 107 108 109 110 tit„ c Fernando Costa Assistant City Manager Date Attest: (Seal) nritt-eiL Act City Secretary Appro„d as to Form and Legali Doug as W. ac Assistant City Attorney APPROVAL RECOMMENDED: S. Frank Crumb DIRECTOR, WATER DEPARTMENT 1000 Throckmorton, Fort Worth, TX-76102 1rECORD CITY NFL OMTTRY FT. WOKuBI cr,K M&C Review Page 1 of 2 CITY COUNCIL AGENDA ■ I 1 dl.i _ .I 11 11■■ ■ ro . _ 11 1 1 1J 1 1 i1 I. a ISA 1u I _I DATE: 1 0/29/201 3 CODE: C SUBJECT: Official site of the City of Fort Worth, Texas FoRTWoRTII 'Tr 1 •■ 11 II11 .1 1 II Y COUNCIL ACTION: Approved on 10/29/2013 I II . a 111 1111 mil 1 11 1 1 b 1.1. 1.11 II_._.. REFERENCE NO.: **C-26542 LOG NAME: PUBLIC HEARING: Authorize Payment in the Amount of $188,380.56 to Conatser Construction TX, LP, for Emergency Work to Repair a Twenty Inch Water Main Break in the 4100 Block of Ranch View Road (COUNCIL DISTRICT 3) TYPE: I 1 ill II 1■ 1. 1 MI s CONSENT 60EREPAI R- CONATSER NO RECOMMENDATION: It is recommended that the City Council authorize payment in the amount of $188,380.56 to Conatser Construction TX, LP, for emergency work to repair a twenty inch water main break in the 4100 block of Ranch View Road. DISCUSSION: On June 27, 2013, a water main break was reported in the 4100 block of Ranch View Road. Dry soil conditions coupled with high water demand caused instability in an old 20 inch cast iron water main resulting in the main break. Additionally, one of the 20-inch gate valves needed to isolate this section for repair failed to provide a safe shutdown of the broken 20 inch main. An adjacent 42 inch transmission main had to be shut down in order to safely repair the 20 inch water main. Approximately 60 linear feet of 20 inch pipe (at a depth of 20 feet) as well as a 20 inch gate valve at this location required replacement. It was beyond the Water Department's ability to perform repairs of this size and depth, which required work around the clock to complete the 20 inch water main repair and reactivate the 42 inch transmission main as quickly as possible. The Water Department engaged, and is now requesting approval to pay, Conatser Construction TX, LP, for the emergency repairs to the 20 inch water main and the replacement of the 20 inch gate valve. In order to save costs and expedite material delivery, the Water Department supplied the necessary piping and the gate valve from materials on hand. The total construction cost was $188,380.56, which is fair and reasonable for the work performed. The 20 inch and 42 inch transmission mains were restored to service on July 3, 2013. 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. Waiting to publicly bid this contract to make emergency repairs to the 20 inch water main and 20 inch gate valve and to bring the 42 inch main back in service was not in the best interest of the health and safety of the citizens of the City of Fort Worth, as it could have taken up to eight additional weeks to procure a contractor via the standard bidding process. M/WBE Office - A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Department and approved by the M/WBE Office, in accordance with the M/WBE or BDE Ordinance, because the public or administrative emergency exists which requires the goods or services to be provided with unusual immediacy. This project is located in COUNCIL DISTRICT 3, Mapsco 89C lib http ://apps.cfwnet. org/council packet/mc_review.asp?ID=190%i&council... 11/14/2013 M&C Review Page 2 of 2 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, of the Water and Sewer Fund. TO Fund/Account/Centers FROM Fund/Account/Centers PE45 539120 0607007 $ 188, 380.56 Submitted for Citv Manager's Office by: Fernando Costa (6122) Originating Department Head: S. Frank Crumb (8207) Additional Information Contact: Jim Deeter (7803) ATTACHMENTS 60EREPAIR-CONATSER MAP.odf http ://apps. cfwnet. org/council_packet/mc_review. asp?ID=1907i&council... 11 / 14/2013