HomeMy WebLinkAbout(0221) Emergency Agreement - MountainC.pdfCSC No. 55329
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1 SECTION 00 52 43
2 AGREEMENT FOR EMERGENCY REPAIR SERVICES
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4 THIS AGREEMENT is inade by and between The City of Fort Worth, a Texas ]ionic rule municipality acting by
5 and through its duly authorized City Manager, ("City"), and Mountain Cascade of Texas, LLC, 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:
8 Article 1. WORD
9 Contractor shall conduct emergency water main repairs at various locations identified by the Water Department.
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 till-ough 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 is to engage additional available contractors for emergency water main repairs.
19 Article 3. CONTRACT TIME
20 3.1 Time is of the essence,
21 Contractor recognizes that time is of the essence, and the Contractor will be required to remain on the job until the
22 damaged section of the sewer main has been replaced, the protective wall structure repaired and bypass pumping
23 is no longer necessary at the job site. The City expects the Contractor to have a sense of urgency to complete the
24 Work in a timely manner.
25 Article 4. CONTRACT PRICE;
26 City agrees to pay Contractor for performance of the Work based on Cont-actor's invoice an amount up to Seven
27 1-Iundred and Filly Thousand Dollars $750,000,001 This figure may be adjusted lip or down as Final invoices sure
28 received.
29 Article 5. CONTRACT DOCUMENTS
30 5.1 CONTENTS:
31 The Contract Documents which comprise the entire agreement between City and Contractor concerning
32 the Work consist of the fallowing:
33 1. This Agreement.
34 2. Exhibits to this Agreement:
35 a. Approved Invoice
36 b. Evidence of Current Insurance
37 c, Current Prevailing Wage Rate Table incorporated by reference,
38 3, General Conditions incorporated by reference
39
Emergency Agreement - Emergency Water Main Repair at Various locations
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Agreement
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42 Article 6. INDEMNIFICATION
43 Contractor covenants and ingrees to indemnify, hold harmless and defend, at its own expense, the city, its
44 officers, servants and employees, fron and against any and all claims arising out of, or alleged to arise
45 out of, the work and services to be performed by the contractor, its officers, agents, employees,
46 subcontractors, licenses or invitees under this contract. This indennutieation provision is specifically
47 intended to operate and be effective even if it is alleaed or proven that all or sons of the danntnges
48 being sought were caused, in whole or in part, by any act, omission or negligence of the city. This
49 indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal
50 fees incurred by the city in defending against such claims and causes of actions.
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52 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its
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officers, servants and employees, from and against any and all loss, damage or destruction of property
of the city, arising out of, or alleged to arise out of, the work and services to be performed by the
contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract.
This indemnification provision is specifically intended to operate and be effective even if it is alleged
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or proven that all or some of the damages being sought were cause(], in whole or ill part, by any act,
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omission or negligence of the city.
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Article
7. MISCELLANEOUS
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7.1
Terms.
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Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the
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meanings indicated in the General Conditions,
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7,2
Assignment of Contract.
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This Agreement, including all of the Contract Documents may not be assigned by the Contractor without
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the advanced express written consent of the City.
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7.3
Successors and Assigns.
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City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other
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party hereto, in respect to all covenants, agreements and obligations contained in the Contract Documents,
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7.4
Severability,
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Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a
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court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be
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valid and binding upon CITY and CONTRACTOR.
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7.5
Governing Law and Venue.
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This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shall
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be Tarrant County, Texas, or the United States District Court for the Northern District of Texas, port Worth
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Division.
Emergency Agreement - Emergency Water Main Repair at Various locations
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Agreement
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78 7.6 Other Provisions.
79 The Contractor agrees to pay at least minimum wage per liour for all labor as the same is classified,
80 promulgated and set out by the City.
81 7.7 Autliority to Sign,
82 Contractor shall attach evidence of authority to sign Agreetnent, if other than duly authorized signatory of
83 the Contractor,
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85 IN WITNESS WHEREOF, City and Contractor have signed this Agreement in multiple counterparts. At least
86 one counterpart of each has been delivered to City and Contractor.
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88 This Agreement will be effective on the last date subscribed by a signatory (which is the Effective Date of the
89 Agreement).
City of Fort Worth
Contractor Moulitniu Cascade of Texas. LLC
B
Signature)
Title: Vice President
Dana daff
By: Dana nurghdofF eb 23, 202109:14 CST)
Dana Burghdoff
Assistant City Manager
Date Feb 23, 2021
Andrew McCulloch
(Printed Name)
Attest: aluvl��f�
Address: 11729 East FM 917
(Seal)
City Secretary
City/Slate/Ii : Alvarado, Texas 76009 Approved as to Form and Legality:
Date _'L ,Z Z DNa k(F�� oa z�5;i
90 M&C N/A (Allached 02/22/21 Hnici-Renew Menlo
91 Date N/A (Anached n2/22121 merctene• Memo
92 Form 1295 N/A
93
94 APPROVAL RECOMMENDED:
95
97 Christopher arder(Feb 23, 202107:43 CST)
98 Chris Harder, P.E.
99 Director, Water Department
100 200 Texas St. Fort Worth, TX-76102
Douglas W. Black
Senior Assistant City Attorney
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 and reporting requirements.
�o�y to iA
Tony Sholola, P.E.
Assistant Water Director
Emergency Agreement - Emergency Water Main Repair at Various locations
INTEROFFICE MEMO
Date: February 22, 2021
To: Dana Burghdoff, Assistant City Manager
From: Chris Harder, P.E., Water Director
Subject: EMERGENCY REPAIR — FEBRUARY 2021 DEEP FREEZE - MULTIPLE MAIN
BREAKS
On February 14, 2021, a deep freeze began to overspread the state of Texas bringing with it several days of
sub -freezing temperatures along with intermittent snow, sleet, freezing rain and ice. Complicating the
freezing weather, the electricity grid was strained by demand 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 is to engage additional available contractors for emergency water main repairs.
This memo is submitted to inform the CMO that, pursuant to the emergency authority found in City Code
Chapter 2, Article I, 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 instituted emergency procurement of the following
additional contractors to perform main break repairs:
• McKee Utility Contracts, Inc.
• Mountain Cascade of Texas, LLC
• Bar Constructors, Inc.
Each contract will be in an amount up to $750,000.00 and work will be billed against them on a task order
basis.
Waiting to bid and award a contract to perform this work is not the best 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
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 confirming M&C will be circulated to ratify the above contracts after the work. has been performed,
APPROVED FOR EMERGENCY PROCUREMENT:
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Recommended:
IMWyJ nIb61r111 H. ,:, fOl�u fl l,l
Chris Harder, Director, Water Department
Approved as to form and Legality:
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Douglas W. Black, Sr, Assistant City Attorney
Approve:
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Cynthia Garcia, Assistant Director, Purchasing
Approve:
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Dana Burghdoff, Assistant City Manager
DECLARATION OF LOCAL DISASTER IN THE
CITY OF FORT WORTH, TEXAS IN RESPONSE TO
SEVE, RE, WINTER WEATHER
WHEREAS, Texas Governor Greg Abbott signed a disaster declaration for all
254 Texas counties on February 12, 2021, upon a finding that severe winter 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
WHEREAS, President Joseph R. Biden approved an Emergency Declaration for
the State of Texas due to the severe winter weather on February 14, 2021; and
WHEREAS, the City of Fort Worth has experienced record cold temperatures
well below fieezing and heavy snow and ice accumulation for multiple days; and
WIMREAS, power inkastructure throughout the state has been overburdened and
is unable to provide power to millions o'l'Texas, including many in Foil Worth; and
WHEREAS, water service provided by the City of Fort Worth has been impacted
and sheltering and warming operations are necessary; and
WHEREAS, in response to the state of emergency resulting from the severe
winter weather, the City of Fort Worth must tape necessary action to ensure the safety of
its citizens during this unprecedented circumstance; and
WHEREAS, the Mayor of the City of Fort Worth has determined 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.
H.
That the City's Emergency Operational Plan has been implemented,
That the state of disaster shall continua for a period ofnot more than seven days of
the date hereof, unless the same is continued by consent of the City Council ofthe City of
Fort Worth, Texas,
N.
That this proclamation shall take effect immediately fiom and after its issuance.
ORDERED this 17`h day of February, 2021,
Attest:
Mary 1. Kayser
City Secretary
(2)
i3etsy �PPc•'ce
MayVr