HomeMy WebLinkAbout(0026) Memo & Contract.pdfSignature:
Email: Mary.i(ayser@fortworthtexas.gov
INTEROFFICE MEMO
DATE: JULY 28, 2020
TO: DANA BURGHDOFF, ASSISTANT CITY MANAGER
WILLIAM JOHNS ON, TPW DIRECTOR
FROM: TANYA BROODS, ASSISTANT DIRECTOR, TPW TRANSPORTATION
MANAGEMENTTy'-)
SUBJECT: SIGNAL POLE AT RIVERSIDE AND LANCASTER —EMERGENCY
REPAIR
On or about July 27 or 28, a motorist apparently damaged a signal pole 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 damage 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 from 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 requirements expenditures that are
necessary to preserve or protect the city's property and the public health 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 worlc has been
performed.
APPROVED FOR EMERGENCY PROCUREMENT:
R.ecomtnended;�
Approved As To Forin and Legality:
Approved:
Approved:
William Johnson, Ditectot, TPW Dept.
!l /1)X
o1,91) Llol 79, m 7a t n.t6 ton
Douglas W Black, Sr. Assistant City Attorney
Cynthia Garcia, Purchasing Manager
b�suz 23
U�II,i 0ur!!h�ull f� 7' hhI oIir 38 CDT
Dana Burglidoff, Assistant City Manager
cc. Tanya Brooks, Assistant Director, TPW Transportation Management
CSC No. 54229
Emergency Agrocinent
Page I of 3
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 through its duly authorized City Manager, ("City"), and Bean Electrical, Inc., a corporation authorized to do
5 business in Texas, acting by and through its duly authorized representative ("Contractor"). City and Contractor, in
6 consideration of the mutual covenants luereinafter set forth, agree as follows:
7 Article 1. WORK
8 Contractor shall repair/replace the damaged signal pole at South Riverside Drive and East Lancaster Avenue back
9 to good working order.
10 ArticIe 2. PROJECT
11
12 On or about July 27 or 28, a motorist apparently damaged a signal pole at the intersection of Riverside
13 Drive and E. Lancaster Ave. The signal pole is 20' tall and supports a mast arm approximately 68' Iong.
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 the 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 4, CONTRACT PRICE
22 City agrees to pay Contractor for performance of the Work based oil Contractor's invoice an approximate amount
23 of Eight Thousand Dollars ($8,000.00). 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 Documents 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
Signal at S. Riverside and Lancaster Ave.
Emergency Agreement
page 2 of 3
36 Contractor covenants and agrees to indemnify, hold barmless and defend, at its own expense, tile 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 to operate and be effective even if it is alleged or proven that ill or some of the damages
41 being sought were caused, in whole or in part by any act omission or negligence of the city. This
42 indemnity provision is intended to include, 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 the 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 overate 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 any 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 I 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.
Signal at S. Riverside and Lancaster Ave.
74 7.7 Authority to Sign.
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
Emergency Agrecmcnl
Page 3 of 3
Contractor shall attach evidence of authority to sign Agreement, if other than duly authorized signatory of
the Contractor.
IN WITNESS WHEREOF, City and Contractor have signed this Agreement in multiple counterparts. Al least
one counterpart of each has been delivered to City and Contractor.
This Agreement will be effective on the last date subscribed by a signatory (which is the Effective Date of the
Agreement).
City of Fort Worth
By:uana202K7:43CnT) —
Dana Butghdoff
Assistant City Manager
Title: president
Roy E Bean 11
(Printed Name)
Date
Mary Kayser
City Secretary
Address: 821 E Enon
(Seal)
City/State/Zip: Everman, Texas 76140 Approved as to Form and Legality:
Date 7/28/2020 ooi.' � "`�'`"
uni.n. rs+con
Douglas W. Black
Senior Assistant City Attomey
M&C _SEE ATTACHED MEMORANDUM_
Date
Signal at S. Riverside and Lancaster Ave.
APPROVAL RECOMMENDED:
William Johnson
Director, TPW Department
200 Texas St. Fort Worth, TX-76102
Contract Compliance Manager:
By signing J acknowledge that l am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
Clint Hoover, P.E. / mO'4
Name of Employee/Signature
Engineering Manager
Title
0
B � Fa')
PLO ELL CrJtrR,'.,ICALq ING
821 L. Euoii Aveime. P 317-561-7I00
Fort North, Texas 761.10 F 817-561-7403
��ttnr. beanelectricaLcum
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
Unit
Item Description
Unit Price
Amount
1
1
LS
Mobilization
$1,500.00
$1,500.00
2
1
EA
Pick Up 60' LMA Assy From TXDOT
$1,500.00
$1,500.00
3
1
EA
Remove Damaged Vertical Assy & Replace With New (Make All
NecessaryTermination's)
$3,500.00
$3,500.00
4
l
EA
Deliver Damaged Traffic Pole Assy To COFW 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. Damage to Paving or Asphalt
9, Damage to unseen/unmarked utilities
10, Due to the market changes in materials, 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,
Cody E.Turner
Bean Electrical, Inc.
TECL 17979Regulated by The Texas Department of Licensing and Regulations, P.O. Box 12157, Austin, Texas 78711, 1800803 9202, 512 463 6599, webslte
%Yww.flcense.state.tx.us/comf)laints