Loading...
HomeMy WebLinkAboutContract 63831CSC No. 63831 _t Agreement Page 1 of 5 SECTION 00 52 43 AGREEMENT FOR EMERGENCY PROCUREMENT OF SANITARY SEWER MAIN 265 EMERGENCY REPAIR SOUTH OF THE HART STREET/ I.H. 820 INTERSECTION 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 North Texas Contracting, Inc. 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 repairs of Sanitary Sewer Main M-265 south of the Hart Street/I.H. 820 intersection. Article 3. CONTRACT TIME Time is of the essence. Contractor recognizes that time is of the essence, and the Contractor will be required to deliver and remain on the jobsite until sewer main repair 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 One Million Dollars ($1,000,000.00). This figure may be adiusted up or down as final invoices are received. Article 5. CONTRACT DOCUMENTS 5.1 CONTENTS: The Contract Documents which comprise 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 the entire agreement between City and Contractor 3. General Conditions incorporated by reference Article 6. INDEMNIFICATION OFFICIAL RECORD CITY OF FORT WORTH CITY SECRETARY Emergency Agreement — SS M-265 Emergency Repairs FT. WORTH, Tx CSC No. _2 Agreement Page 2 of 5 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its officers, 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, licenses or invitees under this contract. This indemnification provision is specifically intended to operate and be effective even if it is alleged or proven that all or some of the damages beinfs spiht were caused. in whole or in Dart, by any act. omission or negligence of the city. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the city in defending against such claims and causes of actions. 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its 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 or proven that all or some of the damages beinu souLht were caused, in whole or in part, by any act, omission or neuliaence of the city. 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 Conditions. 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 of 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 covenants, agreements and obligations contained in the Contract Documents. 7.4 Severability. Any provision or part of the Contract Documents held to be unconstitutional, 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 Tarrant 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. CITY OF FORT WORTH Emergency Agreement — SS M-265 Emergency Repairs CSC No. -3 Agreement Page 3 of 5 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 payments due hereunder, City will notify Contractor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty 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 accordance 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 Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during 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 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 partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company 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, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (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 partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not 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 to 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, Contractor 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 discriminate against a firearm entity or firearm trade association during the term of this Agreement. CITY OF FORT WORTH Emergency Agreement — SS M-265 Emergency Repairs CSC No. -4 Agreement Page 4 of 5 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. CONTRACTOR 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 to immediately terminate this Agreement for violations of this provision by Contractor. 7.7 Authority to Sign. Contractor shall attach evidence of authority to sign Agreement, if other than duly authorized signatory of the Contractor. SIGNATURE PAGE AND ANY ATTACHMENTS/EXHIBITS TO FOLLOW CITY OF FORT WORTH Emergency Agreement — SS M-265 Emergency Repairs CSC No. -5 Agreement Page 5 of 5 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: North Texas Contracting, Inc. City of Fort Worth BY: �� Bv: Name: Zach Fusilier Jesica McEachern Title: Vice President Assistant City Manager Date: /3l/Z� Date 08/18/2025 Address: Attest: 4� F. per, � °°° OR°°`.op�d� 7368 FM 2449 ~° Ponder, TX 76259 `//J1 a�db nEXASoO4 Jannette S. Goodall, City Secretary (Seal) APPROVAL RECOMMENDED: Approved as to Form and Legality: ChnkopheY flaMer ,N-V Christopher HardIr (Aug 13, 2025 10:08:53 CDT) Douglas Black (Aug 13, 202510:50:01 CDT) Christopher Harder, P.E. Douglas W. Black Director, Water Department Senior Assistant City Attorney M&C N/A - (Attached 07/22/25 Emergencv Memo) Date N/A (Attached 07/22/25 Emervency Memo) Form 1295 N/A 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. Tony Sholola, P.E Assistant Director OFFICIAL RECORD CITY OF FORT WORTH CITY SECRETARY Emergency Agreement — SS M-265 Emergency Repairs FT. WORTH, Tx 2013 PREVAILING WAGE RATES (Heavy and Highway Construction Projects) CLASSIFICATION DESCRIPTION Wage Rate Asphalt Distributor Operator $ 15.32 Asphalt Paving Machine Operator $ 13.99 Asphalt Raker $ 12.69 Broom or Sweeper Operator $ 11.74 Concrete Finisher, Paving and Structures $ 14.12 Concrete Pavement Finishing Machine Operator $ 16.05 Concrete Saw Operator $ 14.48 Crane Operator, Hydraulic 80 tons or less $ 18.12 Crane Operator, Lattice Boom 80 Tons or Less $ 17.27 Crane Operator, Lattice Boom Over 80 Tons $ 20.52 Crawler Tractor Operator $ 14.07 Electrician $ 19.80 Excavator Operator, 50,000 pounds or less $ 17.19 Excavator Operator, Over 50,000 pounds $ 16.99 Flagger $ 10.06 Form Builder/Setter, Structures $ 13.84 Form Setter, Paving & Curb $ 13.16 Foundation Drill Operator, Crawler Mounted $ 17.99 Foundation Drill Operator, Truck Mounted $ 21.07 Front End Loader Operator, 3 CY or Less $ 13.69 Front End Loader Operator, Over 3 CY $ 14.72 Laborer, Common $ 10.72 Laborer, Utility $ 12.32 Loader/Backhoe Operator $ 15.18 Mechanic $ 17.68 Milling Machine Operator $ 14.32 Motor Grader Operator, Fine Grade $ 17.19 Motor Grader Operator, Rough $ 16.02 Off Road Hauler $ 12.25 Pavement Marking Machine Operator $ 13.63 Pipelayer $ 13.24 Reclaimer/Pulverizer Operator $ 11.01 Reinforcing Steel Worker $ 16.18 Roller Operator, Asphalt $ 13.08 Roller Operator, Other $ 11.51 Scraper Operator $ 12.96 Servicer $ 14.58 Small Slipform Machine Operator $ 15.96 Spreader Box Operator $ 14.73 Truck Driver Lowboy -Float $ 16.24 Truck Driver Transit -Mix $ 14.14 Truck Driver, Single Axle $ 12.31 Truck Driver, Single or Tandem Axle Dump Truck $ 12.62 Truck Driver, Tandem Axle Tractor with Semi Trailer $ 12.86 Welder $ 14.84 Work Zone Barricade Servicer $ 11.68 The Davis -Bacon Act prevailing wage rates shown for Heavy and Highway construction projects were determined by the United States Department of Labor and current as of September 2013. The titles and descriptions for the classifications listed are detailed in the AGC of Texas' Standard Job Classifications and Descriptions for Highway, Heavy, Utilities, and Industrial Construction in Texas. Page 1 of 1 INTEROFFICE MEMO Date: July 22, 2025 To: Jesica McEachern, Assistant City Manager From: Chris Harder, P.E., Water Director Via: Doug Black, Senior Assistant City Attorney Brandy Hazel, Interim Chief Procurement Officer (Purchasing) CC: Christina Brooks, Director, Diversity and Inclusion Department Subject: SANITARY SEWER MAIN 265 EMERGENCY REPAIR SOUTH OF THE HART STREET / I.H. 820 INTERSECTION On June 19, 2025, a 750-foot segment of Sanitary Sewer Main M-265 located south of the Hart Street/I.H. 820 intersection was found to be completely disintegrated and could not be connected to a new sewer main being rerouted by the utility subcontractor, North Texas Contracting, Inc. ("NTC") for South -Point Constructors, the General Contractor for the Southeast Connector (the I.H. 20 and I.H. 820 improvements) Project. South -Point Constructors, as part of its obligations for utility relocations on the Southeast Connector Project, is required to reroute, relocate or replace water and/or sanitary sewer mains that are in conflict and located within Texas Department of Transportation's (TxDOT) right-of-way. The identified segment of M-265 is located outside of TxDOT right-of-way, making the City responsible for replacing the main. Water Field Operations Crews are not able to conduct repairs of this magnitude in this tight corridor which will require the bracing of utility poles to replace the pipe. 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, the Water Department will engage NTC to proceed with the work in the amount of $1,000,000.00 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 contract after the work has been performed. APPROVED FOR EMERGENCY PROCUREMENT: Recommended: ❑,ristupherH der(Jul 22,202511:42 CDT) Chris Harder, P. E. Water Director Approved as to form and Legality: Douglas6i ak(Jd2;20251 157CDT) Douglas W/,./Black, Sr. Assistant City Attorney Approve: ar�✓ fiazr." Brandy Hazel, Interim Chief Procurement Officer, (Purchasing) Approve: wy� 07/24/2025 Jesica McEachern, Assistant City Manager SS Main M-265 Emergency Repair a� s� ✓u _ 8 -- 1D" VC SANITARY SEWER TO BE ABANDONED BY SOUTHPOINT 10' VC SANITARY SEWER TO REMAIN NEW 12" SANITARY SEWER RELOCATION BYSOUTHPOINT I �Y. I ji ON �Sfjr EXIST. SSMHAT -z:. �Qalp STA27+17.00M-265���� SyiR�e\`D A. .•� —'y� }--` TEN � i-ri..:+ •: .- -, ._::� ...ate-j I 1 j i -- ! i P _ �-_ _ -� -.-._•='^ :r=''•'tea lam. n fI 11 ! I � 11 � `• J � 1 r ` UNION _ ~terT. f ; I { I��� VC SANITARY SEWER PAOF..k7f I R RO_. 12 ° i`; kfii�(750LF 'PIPE HAS DETERIORATED AND FAILED BETWEEN RELOCATIONS) X-03239-`- M� ' �t 1y(y(1 1 I! r I! + I+ r `` - •+' I ! 1 — EXIST. SS MH AT o11 I I III I II �' fill -- — - iSTA I8+I7.80 M•265 pIlIn I I II 1111, 1 1 1 I it _f lit O) IH ISl 1�_ s NI 1 1 j'r..�i1� I E 1 I'i1 I Y '1-•,tl� `� --, I -----I III - 1 :H llf 'S53.04 I -Y0909 I ' I FOTWOR.•THgV---','' ! L SCOFW-PK06B I M-2d5 I _- _I ; EE !� i} i i-- J� _-__-----ROSEDALEST_- t ---- -tl= I ' - _ PRELIMINARY 'SOUTHEAST CONNECTOR PROJECT! SOUTHCPOINT NOT FOR UTILITIES ^���•� CONSTRUCTORS CONSTRUCTION PROPOSED SAN ITARY SEWER SYSTEM LAYOUT ivmM1' © o BO "1 SG[fW FFET u a X j! � =21 10'VC SANITARY SEWER TO BE ABANDONED BY SOUTHPOINT 10VC SANITARY SEWER iROSEDALE ST 1-/ TO REMAIN NEW 12"S&NITARY SEWER RELOCATION BY SOUTHPOINT �4 6PS1 FmmawrS7 6= eRmwaafsr 5204,V. WL SMVWWL077-Q STA 6.90.96 55-3104 'ell M-265 6PQKY LINER WARREN OR CHESTERTON) AND CONCRETE COLLAR C-D..p-T-OL -SS SERVICE t A80VEr S;AU ARDLONO MARKER 5. A "MElff v 'I PROP. PERM, m 5497." 104 EASEMENTEASEMENTENOCASM INMILL Orr o7m ==cur ISNTSATdA'U.64'.'DJIASSS.SJIMANHOLEoJM'TH 44 + 1-2360MOO22.30 EPDXY FNER (WARREN AND CHESTERTON) AND CONCRETECOLLAR 401 SEWER CMRIEA PIPE I. INSTALL MOVE ORPUND MARKER WfMJrOIPWITHPROTECr0 E-2360374.94 uj PRQP.Irss.3304' S: Ss.31 S+Bo PROP. 12 T 11-820 ISSUE RE[ORO pERSRIPTION - V ,2m;:V1=104 DROP MANHOLE WITH EPDXY LONER (WAARM OR CHESTERTON). AND CONCRETECOLL`R CONNECT TO EXIST. "' VC SS ArSTA 22+10.74 (M-265) INSTALL MOVE GROUND MARKER N-6951840.91 —f-2360606.82 MAU141 ROSE7DILFUC J"soumvsRa4D 414N. WZ 5UAa1WS,1W10rJA rVEASENENr EXIST. m Mam EASEMENT Q H 0 11 40 v 0 SCALE IN FEET Of IiP ALLEXISTIN ELEVATIONSSHOWMARE p, 1 71 10 r! -it BASED ON ?HE BESTAIALKABLE Lu INFORMATIONPROADED #Y OTHERS. CONTRACTOR TO V01" DEPTH OF ALL I EXISTING UrXnVS ilb i 77" -T . .. .. .. .... A.n' R . 0 . m . U) . G. 'A ta IHART,ST • ---*OTexc5 Dcmrtawit of Tronspoplotlon 2024 NEEDS SPC SOUTHEAST CONNECTOR PROJECT A SOUTji v POINT RELEASE FOR UTILITIES PLAN - STA 4+00.00 TO SMA 6+90.96 5004IT-33910 CONSTRUCTORS CONSTRUCTION SANITARY SEWER RELOCATION 3104 r-z ,