HomeMy WebLinkAboutContract 55354 CSC No. 55354
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Agreement
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SECTION 00 52 43
2 AGREEMENT FOR EMERGENCY REPAIR SERVICES
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4 THIS AGREEMENT is made by and between The City of Fort Worth, a Texas Home rule municipality acting by 1
5 and through its duly authorized City Manager, ("City"), and Peachtree Construction, Ltd., a corporation
6 authorized to do business in Texas, acting by and through its duly authorized representative ("Contractor"). City
7 and Contractor, in consideration of the mutual covenants hereinafter set forth,agree as follows:
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Article 1.WORD
9 Contactor shall perform pavement repairs in areas where emergency water main repairs have been made.
10 Article 2.PROJECT
11 On February 14, 2021,a deep freeze began to overspread the state of Texas bringing with it several days of sub-
12 freezing temperatures along with intermittent snow, sleet, freezing rain and ice. Complicating the freezing
13 weather,the electricity grid was strained by demand and power loss was experienced at some water treatment and
14 distribution facilities. The extended cold has lowered the water temperature generally to near 40 degrees
15 Fahrenheit which is problematic when pushed through the cast iron portions of the city's water supply system.
16 Water Field Operations and on-call emergency contractors have been responding to multiple breaks in the water
17 system,but the breaks are now too numerous for these resources to handle.
18 The recommended solution was to engage additional available contractors for emergency water main repairs. Due
19 to the amount of repairs being completed by these additional contractors, there is a need tb engage a second
20 paving contactor to augment our on-call paving contractor in order to keep up with pavement repair subsequent
21 to water main repairs.
22 Article 3. CONTRACT TIME
23 3A Time is of the essence. !
24 Contractor recognizes that time is of the essence, and the Contractor will be required to remain on the job until
25 pavement repair is complete.The City expects the Contractor to have a sense of urgency to complete the Work in
26 a timely manner.
27 Article 4.CONTRACT PRICE
28 City agrees to pay Contractor for performance of the Work based on Contractor's invoice an amount up to Seven
29 Hundred and Fifty Thousand Dollars($750,000.00) This figurey be adiusted up or down as final invoices are
30 received.
31 Article 5.CONTRACT DOCUlM ENTS
32 5.1 CONTENTS:
33 The Contract Documents which comprise the entire agreement between City and Contractor concerning
34 the Work consist of the following:
35 1. This Agreement. !.
OFFICIAL RECORD
36 2. Exhibits to this Agreement:
37 a. Approved Invoice CITY SECRETARY
38 b. Evidence of Current Insurance FT. WORTH, TX
39 C. Current Prevailing Wage Rate Table incorporated by reference.
Emergency Agreement—Emergency Pavement Repair Subsequent to Water Main Repair at Various to ations
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Agreement
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40 3. General Conditions incorporated by reference
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43 Article G.INDEMNIFICATION
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44 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its
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45 officers,servants and employees,from and against any and all claims arising out of,or alleged to arise
46 out of, the work and services to be performed by the contractor, its officers, agents, employees,
47 subcontractors, licenses or invitees under this contract. This indemnification provision is specifically
48 intended to operate and be effective even if it is allcged or proven that all or some of the damages
49 being sought were caused, in whole or in I)art, by any act, omission or negligence of the city. This
50 indemnity provision is intended to include,without limitation,indemnity for costs,expenses and legal
51 fees incurred by the city in defending against such claims and causes of actions.
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53 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its
54 officers,servants and employees,from and against any and all loss,damage or destruction of property
55 of the city, arising out of, or alleged to arise out of, the work and services to be performed by the
56 contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract.
57 This indemnification provision is specifically intended to operate and be effective even if it is alleged
58 or proven that all or some of the damages being sought were caused, in whole or in part, by aany act,
59 omission or negligence of the city.
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61 Article 7.MISCELLANEOUS
62 7.1 Terms.
63 Terms used in this Agreement which are defined in Article t of the General Conditions will have the
64 meanings indicated in the General Conditions.
65 7.2 Assignment Of Contract.
66 This Agreement, including all of the Contract Documents may not be assigned by the Contractor without
67 the advanced express written consent of the City.
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68 7.3 Successors anti Assigns.
69 City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other
70 party hereto,in respect to all covenants,agreements and obligations contained in the Contract Documents. �
71 7.4 Severability.
72 Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a °
73 court:of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be
74 valid and binding upon CITY and CONTRACTOR.
75 7.5 Governing Law and Venue.
76 This Agreement, including all of the Contract Documents is performable in the State of Texas,Venue shall
77 be Tarrant County,Texas, or the United States District Court for the Northern District of Texas, Dort Worth
78 Division.
Emergency Agreement—Emergency Pavement Repair Subsequent to Water Main Repair at Various locations
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Agreement
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79 7.6 Other Provisions.
80 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is classified,
81 promulgated and set out by the City.
82 7.7 Authority to Sign.
83 Contractor shall attach evidence of authority to sign Agreement, if other than duly authorized signatory of
84 the Contractor.
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86 IN WITNESS WHEREOF,City and Contractor have signed this Agreement in multiple counterparts. At least
87 one counterpart of each has been delivered to City and Contractor.
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89 This Agreement will be effective on the last date subscribed by a signatory(which is the Effective Date of the
90 Agreement).
City of Fort Worth
Contractor:Peachtree Construction,Ltd. Awd&Uh4R L
Owa Burghdoff(Fe 26,2021 02 CST)
By:
Dana Burghdoff
By: _ Assistant City Manager
. (Signature) Feb 26,2021
Title: President Date O�FORp
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Barry Clark ° 00
(Printed Name) O d~0 o-t d
Attest: ,v 0 °=0
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City Secretary d0.*°°°°°°°°
Address: fan nEXpSoaQ
(Seal)
5801 PARK VISTA CIR.
City/State/Zip: KELLER, TX 76244 Approved as to Form and Legality:
Date 2—Z S -Z I °avdiF��'
Douglas W.Black
Senior Assistant City Attorney
91 M&C N/A(Attached 02/25/21 Emergency Memo)
92 Date N/A(Attached 02/25/21 Emergency Memo) 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 ensuuri g a] p rformance and reporting requirements.
96 0� So o
97 :hristopher Hard (Feb26,202112:05 CST)
98 Chi-is Harder, P.E. Tony Sholola, P.E.
99 Director,Water Department Assistant Water Director
100 200 Texas St. Fort Worth,TX-76102 OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Emergency Agreement- Emergency Pavement Repair Subsequent to Water Main Repair at
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INTEROFFICE MEMO
Date: February 25,2021 �
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To: Dana Burghdoff,Assistant City Manager
From: Chris Harder, P.E,,Water Director
Subject: EMERGENCY REPAIR—FEBRUARY 2021 DEEP FREEZE—PAVEMENT REPAIR
FOR MULTIPLE MAIN BREAKS
On February 14,2021,a deep freeze began to overspread the state of Texas bringing with it several clays of
stub-freezing temperatures along with intermittent snow, sleet, freezing rain and ice. Complicating the
freezing weather,the electricity grid was strained by clemand and power loss was experienced at some water
treatment and distribution facilities.The extended cold has lowered the water temperature generally to near
40 degrees Fahrenheit which is problematic when pushed through the cast iron portions of the city's water
supply system.Water Field Operations and on-call emergency contractors have been responding to multiple
breaks in the water system,but the breaks are now too numerous for these limited resources to handle.
The recommended solution was to engage additional available contractors for emergency water main �
repairs. Due to the amount of repairs being completed by these additional contractors,there is a need to 1
engage a second paving contractor to augment our on-call paving contractor in order to keep up with
pavement repair subsequent to water main repairs, j
This memo is submitted to inform the CMO that, pursuant to the emergency authority found in City Codes
Chapter 2,Article 1,Section 2-9 of the City's Code of Ordinances and the Mayor's declaration of emergency
on February 17, 2021, the Water Department has institute(( emergency procurement of the following "
contractor to perform timely pavement repairs subsequent to water main break repairs:
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Peachtree Construction,Ltd.
The contract will be in an amount up to$750,000.00 and work will be billed on a task order bases.
Waiting to bid and award a contract to perform this work is not the hest interest of the health and safety of
the City of Fort Worth.In addition to the citations,above,Section 252.022 of the Local Government Code r
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.
A counhrming.M&C will be circulated to ratify the above contract after the work has been performed.
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APPROVED FOR EMERGENCY PROCUREMENT:
Cl�er harder
Recommended. Chdsiaplun arder{Fe625,70II10:57C5T)
Chris Harder,Director,Water Department
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Approved as to form and Legality: u0lact(Pena mul3+s esq
Douglas W.Black,Sr.Assistant City Attorney
FOYCG;Tohn Padini;Purchasinc,Manc�Ge,
Approve: Face:John PadlnJi ponheeing aroger(F�b75.1021 3roY[sil
Cynthia Garcia,Assistant Director,Purchasing
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Approve: Dana Burghdo(IIFe0iS,70 ta:lscsr
Dana Burghdoff,Assistant City Manager
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DECLAMATION OF LOCAL DISASTER IN THE
CITY OF FORT WORTH,TEXAS IN MI PONSE TO
SE VE RE' WINTER.WEATHER.
WM-,REAS, Texas Governor Greg Abbott signed a disaster declaration for all
254 Texas counties on February 12,202 upon a finding that severe whiter weather poses
an imminent threat of widespread and severe property damage,injury, and loss of life due
to prolonged freezing temperatures,heavy snow, and freezing rain statewide; and
WHEMAS, President Joseph R. Biden approved an Emergency Declaration for
the State of Texas due to the severe winter weather oil February 14,2021; and
WHEREAS, the City of Fort Worth has experienced record cold temporatares
well below freezing and heavy snow and ice accumulation for multiple days; and
WHEREAS,power infrastructure throughout the state has been overburdened and
is-unable to provide power to millions of Texas,including many in Fort Worth; and
WHEREAS,water service provided by the City of Fort Worth has been impacted
and sheltering and warning operations are necessary; and
WHEREAS, in response to the state of emergency resulting from the severe
winter weather, the City of Fort Worth must take necessary action to oils-tire the,safety of
its citizens during this unprecedented circunistan6o, and
WHEREAS, the Mayor of the City of Fort Worth has deiernifiled that
extraordinary measures must be taken to alleviate the suffering of people and to protect
public health and safety,
NOW THEREFORE BE IT PROCLAIMED BY THE MAYOR OF THE CITY OF FORT
WORTH, TEXAS:
I.
That a state of disaster is declared for the City of Fort Worth for severe winter
weather response.
That the City's Emergency Operational Plan has been implemented.
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That the state of disaster shall continue for a period of not more than seven days of
the date hereof,unless the same is continued by consent of tf.e City Council of-the City of
Fort Worth,Texas,
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That this proclamation shall tape effect immediately from and after its issuance.
ORDERED this 1.7111 day of February, 2021.
�i
etsy P 'ce
Ma r f
A.ttes '
Mazy J.Kays f.
City Secretary
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