HomeMy WebLinkAboutContract 61668CSC No.
SECTION 00 52 43
AGREEMENTFOREMERGENCYPROCUREMENTOF
EMERGENCY REPAIR-78-INCH SANITARY SEWER MAIN LEAK AT 7900
TRINITY BOULEY ARD
61668 - I Agreement Page I of 5 THIS AGREEMENT is made by and between The City of Fort Worth, a Texas home rule municipality
acting by and through its duly authorized City Manager, ("City"), and William J. Schultz, Inc. d/b/a Circle
"C" Construction Company a corporation authorized to do business in Texas, acting by and through its
duly authorized representative ("Contractor"). City and Contractor, in consideration of the mutual covenants
hereinafter set forth, agree as follows:
Article 1. WORK
Contractor shall complete all Work specified or indicated in the attachments to the Contract Documents, as
attached hereto or specifically referenced herein, for the Project described below.
Article 2. PROJECT SUMMARY
The "Project" is generally as follows: Perform replacement of 78-inch water main near the Trinity River.
Article 3. CONTRACT TIME
Time is of the essence.
Contractor recognizes that time is of the essence, and the Contractor will be required to remain on the
jobsite until the replacement water main is complete and functioning. The City expects the Contractor to
have a sense of urgency to procure and bring the equipment online to perform the Work.
Article 4. CONTRACT PRICE
City agrees to pay Contractor for performance of the Work, based on Contractor's invoices, an amount up to
Two Million Dollars ($2,000,000.00). This figure may be adjusted up or down as final invoices are received.
Article 5. CONTRACT DOCUMENTS
5.1 CONTENTS:
The Contract Documents which comprise the entire agreement between City and Contractor
concerning the Work consist of the following:
1 . This Agreement.
2.Exhibits to this Agreement:
a.Evidence of Current Insurance
b.Current Prevailing Wage Rate Table
3.General Conditions incorporated by reference
Article 6. INDEMNIFICATION
Emergency Agreement (1.23.24)-Emergency Repair of78-Inch Sanitary Sewer Main Leak at 7900 Trinity Boulevard
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Cantractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the
city, its ofticers, servants and employees, from and against any and all claims arising out of, or
alleged to arise out of, the work and services to be performed by the contractor, its officers,
agents, employees, subcontractors, Iicenses ar invitees under this contract. This indemnification
�rrovision is specificallv intended to aperate and be effective even if it is alle�ed or proven that all
or some of the dama�es bein� sou�ht were caused. in whole or in part, b►^ any act, omission or
negli�ence of the cit��. This indemnity provision is intended ta include, without limitation,
indemnity for costs, expenses and legal fees incurred by the city in defending against such claims
and causes af actions.
6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its
officers, servants and employees, fram 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 specificallv intended to operate and be
effective even if it is alle ed or roven that all ar some of Yhe dama es bein sou ht were caused
in whole or in art b� an�� ac omission or ne liaence of the cit��.
Article 7. MISCELLANEOUS
7.1 Terms.
Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the
meanings indicated in the General Canditions.
7.2 Assignment of Contract.
This Agreement, including all of the Contract Documents may not be assigned by the Contractor
without the advanced express written consent af the City.
7.3 Successors and Assigns.
City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the
other party hereto, in respect to all cavenants, agreements and obligations contained in the Contract
Documents.
7.4 Severability.
Any provision or part of the Contract Dacuments held #o be unconstih�tional, void or unenforceable by
a court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue
to be valid and binding upon CITY and CONTRACTOR.
7.5 Governing Law and Venue.
This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue
shall be Tanant County, Texas, or the United States District Court for the Northern District of Texas,
Fort Worth Division.
7.6 Other Provisions.
7.6.1 City Wage Rate. The Contractor agrees to pay at least minimum wage per hour for all labor
as the same is classified, promulgated and set out by the City.
Emergency Agreement (123.24) — Emergency Repair af 78-Inch Sanitary Sewer Main Leak at 7900 Trinity Boulevard
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7.6.2 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by
City in any fiscal period for any pa}nnents due hereunder, City will notify Contractor of such
occurrence and this Agreement shall terminate on the last day of the fscal period for which
appropriations were received without penaity or expense to City of any kind whatsoever, except as to
the portions of the payments herein agreed upon for which funds have been appropriated.
7.6.3 Prohibition On Contracts With Companies Boycotting Israel. Contractor, unless a sole
proprietor, acknowledges that in accardance with Chapter 2271 of the Texas Government Code, if
Contractor has 10 or more full time-employees and the contract value is $100,000 or more, the City is
prohibited from entering into a contract with a company for goods or services unless the contract
contains a written verification from the company that it: {1) does not boycott Israel; and (2) will not
boycott Israel during the term of the contract. The terms "boycott lsrael" and "company" shall have
the meanings ascribed to those terms in Sectian 80$.001 of the Texas Government Code. By signing
this contract, Contractor certifies that Cantractor's signature provides written veri�cation to the
City that if Chapter 2271, Texas Government Code applies, Contractor: (1) does not boycott
Israel; and (2) will not boycott Israel dnring the term of the contract.
7.6.4 Prohibition on Boycotting Energy Companies. Contractor acknowledges that in accordance
with Chapter 2276 of the Texas Government Cade, the City is prohibited from entering into a contract
for goods or services that has a value of $ l 0U,000 or more, which will be paid wholly or partly from
public funds of the City, with a company (with 10 or more full-time employees) unless the contract
contains a written veriiication from the campany that it: (1) does not boycott energy companies; and
(2) will not boycott energy companies during the term of the contract. The terms "boycott energy
company" and "company" have the meaning ascribed to those terms by Chapter 2276 of the Texas
Government Code. To the extent that Chapter 2276 of the Government Code is applicable to this
Agreement, by signing this Agreement, Cantractor certifies that Contractor's signature provides
written verification to the City that Cantractor: {1) does not boycott energy companies; and (2)
will not boycott energy companies during the term of this Agreement.
7.6.5 Prohibition on Discrimination Against Firearm and Ammunition Industries. Contractor
acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, the
City is prohibited from entering into a contract for goods or services that has a value of $100,000 or
more which will be paid wholly or partty from public funds of the City, with a company (with 10 or
more full-tiine employees) unless the contract contains a written verification from the company that it:
(1) does not have a practice, policy, guidance, ar directive that discriminates against a firearm entity or
firearm trade association; and (2) will nat discriminate during the term of the contract against a firearm
entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade
association" have the meaning ascribed ta those terms by Chapter 2274 of the Texas Government
Code. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement,
by signing this Agreement, Contractar certifies that Contractor's signature provides written
verification to the City that Contractor: (1) does not have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade association; and (2) will not
diseriminate against a firearm entity ar firearm trade association during the term of this
Agreement.
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7.6.6 Immigration Nationality Act. Contractor shall verify the identity and employment eligibility
of its employees who perform work under this Agreement, including completing the Employment
Eligibility Verification Form (I-9). Upon request by City, Contractor shall provide City with copies of
all I-9 forms and supporting eligibility documentation for each employee who performs work under
this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate
procedures and controls so that no services will be performed by any Contractor employee who is not
legally eligible to perform such services. CQNTRACTOR SHALL INDEMNIFY CITY AND
HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO
VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S
EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to
Contractor, shall have the right ta immediately terminate this Agreement for violations of this
provision by Contractor.
7.7 Authority to Sign.
Contractor shall attach evidence of authority ta sign Agreement, if other than duly authorized signatory
of the Contractor.
SIGNATURE PAGE AND ANY ATTACHMENTS/EXHIBITS TO FOLLOW
Emergency Agreement (1.23.24) — Emergency Repair of 78-Inch Sanitary Sewer Main Leak at 7900 Trinity Boulevard
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IN WITNESS WHEREOF, City and Contractor have each executed this Agreement to be effective as of the
date subscribed by the City's designated Assistant City Manager ("Effective Date").
Contractor:
William J. Schultz, Inc. d/bla Circle "C"
Construction Company ----By: �-J"'�� Name: Teri Skelly
Title: President
Date: 7-J-21/
Address:
500 W Trammell PO Box 40328
Fort Worth, TX 76140
APPROVAL RECOMMENDED:
CbYisfoobeY HaYdeY
Christopher HardeTTiut 3, 202413:59 CDT)
Chris Harder, P.E.
Director, Water Department
City of Fort Worth
Fernando Costa
Assistant City Manager
Date Jul 9, 2024
Attest:
Jannette S. Goodall, City Secretary
(Seal)
Approved as to F onn and Legality:
Douglas Black (Jul 91 202412:30 CDT) Douglas W. Black
Senior Assistant City Attorney
M&C NIA -see Attached 6113124 Emergencv Memo
Date NIA
Form 1295 NIA
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.
Ton holola, P. E.
Assistant Director
Emergency Agreement ( 1.23 .24) -Emergency Repair of 78-Inch Sanitary Sewer Main Leak at 7900 Trinity Boulevard
INTEROFFICE MEMO
Date: June 13, 2024
To: Fernando Costa, Assistant City Manager
From: Chris Harder, P.E., Water Directar
Subject: EMERGENCY REPAIR- 78-INCH SANITARY SEWER MAIN LEAK AT 7900
TRINITY BOULEVARD, AFFECTING WEST FORK OF THE TRINITY RIVER
On Saturday, May 4, 2024, Water Field Operations crews discovered multiple leaks at an aerial
crossing location of a 78-inch sanitary sewer main. The leaks are discharging into a creek that
flows to the Trinity River. Due to high rate of flow and pressure in the pipe, attempts by City
crews to stop the leaks failed. City crews have constructed a temp�rary dam to contain the
overflows and then pumping the discharged wastewater back into the collection system until the
pipe crossing is repaired or replaced.
Water Department staff have analyzed the situation has determined that the best long-term solution
to preserve the city's asset is to repair/replace the existing piers and replace segments of the
deteriorated sewer pipe if warranted.
Given that City crews do not have the ability to conduct the necessary permanent repairs, this
memo is subinitted to inform the City Manager's 4ffice and the City Council that, pursuant to the
emergency authority found in Chapter 2, Article I, Section 2-9 of the City's Code of Ordinances,
the Water Department will initiate emergency procurement of the following contractor for the
services and costs as indicated below to perform emergency repair/replacement of the leaking
segment of the sewer main.
• William J. Schultz, I�ic. dba Circle C Construction Company (Emergency sewer main
repair/replacement: $2,000,000.00}
The contract and wark will be billed on a task order basis.
Waiting to bid and award a contract to perfortn this work is not the best interest of the health and
safety of the City of Fort Worth. In addiiian 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.
An M&C will be circulated to ratify ihe abave contract after the work has been performed.
APPROVED FOR EMERGENCY PROCUREMENT:
_ chris�ophe� f�arder _
Recommended:
Chris Ha� .E., Director, Water Department
Approved as to form and Legality:
Douglas W. Black, Sr. Assistant City Attorney
Approve: �
Jo Ann Gunn, Chief Procurement Officer, Purchasing
��f'�-�
Approve:
Fernando Costa, Assistant City Manager
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2013 PR�VAILING WAGE RATES
(Heavy and Highway Construction ProjectsJ
CI.ASSIFICATIOfV DESCRIPTION
Asphalt Dfstril�utor Operator
Asphalt Pav(ng Machine Operator
Asphalt Raker
Broom or Sweeper Operator
Concrete Finisher, Paving and Structures
Concrete Pavement Finishing Machine Operator
Concrete Saw Operator
Crane Operator, Hydraulic SO tons or less
Crane Operator, Lattice Boom SO Tons or Less
Crane Operator, Lattice Boom Over 80 Tons
Crawler Tractor Operator
Electriclan
Excavator Operator, 50,000 pounds or less
Excavator Operator, Over 50,000 pounds
Flagger
Fo1'm Butlder/Setter, Structures
Form Setter, Paving & Curb
Foundation Drii! Operator, Crawler Mounted
Foundation Drlll Operatar, Truck Mounted
Front End Loader Operator, 3 CY or Less
Front End Loader Operator, Over 3 CY
Laborer, Common
Laborer, Utllity
Loader/eackhoe Operator
Mechanic
Milling Mach(ne Operator
Motor Grader Operator, Fine Grade
Motor Grader Operator, Rough
Off Road Hauler
Pavement Marking Machine Operator
Pipelayer
Reclafiner/Pulverizer operator
Relnforcing Ste�l Worker
Roller Operator, Asphalt
Roller Operator, Other
Scraper Operator
Servicer
Small Slipform Machine Operator
Spreader Box Operator
Truck Driver Lowboy-Float
Trucl< Driver Transit-Mix
Truck Driver, Single Axle
Truck Driver, Single orTandem Axle Dump Truck
Truck Driver, Tandem Axle Tractor with Seml Traller
Welder
Work Zone Barricade Servicer
Wage Rate
$
$,
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
�
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
15.32
13.99
12.69
11.74
14.12
16.05
14.45
�.8.12
17.27
20.52
14.07
19,80
17.19
16,89
10.06
13.84
13.16
17.99
z�..o�
13.69
14.72
10,72
12.32
15.18
17.68
14.32
17.19
16.02
12.25
13.63
13,24
11,01
16.18
53.08
11.51
12.96
14.58
15.96
14.73
16.24
14,14
12.31
12.62
12.86
14.84
11.68
The Davis-Bacon Act prevalling wage rates shown for Heavy and Nighway construction projects were determined by
the United States Departmene of Labor and current as of September 2013. The titles and descrlptions for the
classifications listed are detailed in the AGC of Texas' Standard Job Classlficatlons and Descrtptlons for Highway,
Heavy, UtiUtles, and Industrial Construckion In Texas.
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