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HomeMy WebLinkAbout064634 - Construction-Related - Contract - William J. Schultz, Inc. dba Circle C Construction Companycsc Ho. 64634 -1 Agreement Page 1 of 5 SECTION 00 52 43 AGREEMENT FOR JANUARY 2026 WINTER STORM — EMERGENCY REPAIR MATN BREAKS AND PAVEMENT REPAIRS 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. dba 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: JANUARY 2026 WINTER STORM — EMERGENCY REPAIR MAIN BREAKS AND PAVEMENT REPAIRS 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 to remain on the jobsite until sewer main repair is complete and functioning. The City expects the Contractor to have a sense of urgency to prvcure 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 fi�ure mav be adiusted 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. Cu:Ten# prevailina Wage Rate Table 3. General Conditions incorporated by reference Article 6. INDEMNIFICATION QFFIGIAL RECORD CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH Emergency Agreement (1.21.26) — JAN 2026 WINTER STORM EMERGENCY REPAIRS CSC Na. -2 Agreemenl 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 indemnificatian provision is s�ecificaliv intended to ooerate and be effective even if it is alleged or aroven that all or some of the dama�es bein� soueht were caused, in whole or in aart, bv anv act, omission or neglieence of the citv. 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 awn 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 of�cers, agents, employees, subcontractors, licensees or invitees under this contract. This indemni�cation nrovision is sneci�callv intended to operate and be effective even if it is alleQed or proven that all or some of the damaees bein� soueht were caused, in whole or in nart, bv anv act. omission or ne�li�ence of the citv. 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 (1.21.26) — JAN 2026 WINTER STORM 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. 7.63 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 moa•e 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 veriftcation 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 certi�es 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 nat 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 #o those terms by Chapter 2276 of the Texas Government Code. Ta 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 verifcation to the City that Contractor: (1) does not bo�cott 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 fram public funds of the City, with a campany (with l0 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 signatare provides written veri�cation 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 firearra trade association during the term of this Agreement. CITY OF FORT WORTH Emergency Agreement (1.21.26) — JAN 2026 WINTER STORM EMERGENCY REPAIRS CSC No. -4 Agreement Page 4 of 5 7.6.b 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 shail 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 wha 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 ATTACHMENTSIEXHIBTTS TO FOLLOW CITY OF FORT WORTH Emergency Agreement (1.2126) — JAN 2026 WINTER STORM 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: William J. Schultr, Inc, dba Circfe "C" Constructi ompany Bv: �� ���� Name: Teri Skelly Title: President Date: /- z.� - zo 2 S Address: 500 W Trammell PO BOX 40328 Fort Worth, TX 76140 City of Fot�t Worth By: ���� � Jesica McEachern Assistant City Manager Date O1/27/2026 on�q Attest: 'O` ��RT�odo a�'° g9�0 },,Q C�'o �Id � 1`b—.-. �}r p�) P V o o� O �\�� ��i ..����...� a�A,� o00 000 *�a Caand nezp5a4 Jannette S. Goodall, City Secretary APPROVAL RECOMMENDED: Cl��isto,�Gce� h`a��fe� �nr�smpner Ha�d�4 u��, �3. zoz6 izna:o6 csv Christopher Harder, P.E. Director, VVater Department (Seal) Approved as to Form and Legality: . �� Dougfas Black (Jan 26, 2026 P:48:07 CST) Douglas W. Black Senior Assistant City Attorney M&C N/A -(Attached O1/21/26 EmerQencv Memo) Date N/A f Attached 0 I/21 /26 Emer�encv Memo 1 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 Tony Sholola, P.E Assistant Director CITY OF FORT WORTH Emergency Agreement (1.21.26) — JAN 2026 WINTER STORM EMERGENCY REPAIRS OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 2Q13 pI2�VAILING WAG� RATES (Heavy and Hlghway Construction Projects) CLA551FICA710N DESCRlPTION Asphalt Distr3butor Operator Asphalt Paving Machlne Operator Asphalt Raker Broom or Sweeper Operator Concrete Finisher, Paving and Structures Concrete Pavemenk Finishing Machine Operator Concrete Saw Operator Crane Operator, Hydraulic 80 tons or less Crane Opel'ator, Lafitice Boom 80 Tons or Less Crane Operator, Latt(ce 800m Over 80 Tons CrawlerTractor Operator � ElectrFcian Excavator �perator, 50,000 pounds ar less Excavator Operatar, Over 50,000 pounds Flagger Form Bu}Ider/Setter, Structures Form Setter, Paving & Curb Foundatlon Drill Operator, Crawl�r Mounted �oundation Drlll Operator, Truck Mounted Front End Loader Operator, 3 CY or Less Front End Loader Operator, Over 3 CY Laborer, Common LaGorer, Ufiil�y Loader/eackhoe Operator Mechahf c Miliing Machine Operator Motor Grader Operator, Fine Grade Motor Grader Operator, iiough Off Road Hauler Pavement Marking Machlne Operator Pipelayer Reclaimer/Pulverizer Operator Reinforcing Steel Warker Roller operator, Asphalt RallEr Operatar, Other Scraper Operator �ervicer , Smalf SI(pform Machine Operator Spreader Box Operator Truck briver Lowboy-Ffoat Truck briver Transit-M}x Truck Driver, Single Axie Trucl< Driver, Stngle orTandem Axle Dump Truck Truck Driver, Tandem Axle Tractnr wlth Seml Trailer Wetder Work Zone Barricade Servfcer Wage Rate $ $, $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 15.32 A3.99 12.69 11.74 14.12 16,05 14,48 18.12 17.27 20.5Z 14.07 19.80 17.19 16,99 10.06 13.84 7.3.16 17.99 21.07 13.69 14.72 10.72 52.32 15.18 17.68 14.32 17.19 16AZ 12.25 13.63 13.24 11.01 16,18 13.08 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 prevalUng wage rates shown for Heavy and Highway construction proJects were determined by the Unfted Stetes Department of Labor and eurrent as ofSeptember 2013. The titles and descHphions far the ciasslflcations ltsted are detailed In the AGC of Texas' Standard Job Ciasslficatlons an�f Descrlptions for Highway, Heavy, Utllltles, and Industrial Construction In Texas. Page 1 of 1 INTERUFFICE MEMU Date: 7anuary 21, 2026 To: Jesica McEachern, Assistant City Manager From: Chris Harder, P.E., Water Director Via: Doug Black, Senior Assistant City Attorney Haven VJynne, Chief Procurement Officer Subject: JANiJARY 2026 WINTER STOItM - EMERGENCY REFAIR MAIN BREAKS AND PAVEMENT REPATRS On January 20, 2026 a winter storm watch was issued for North Texas for the upcoming weekend. Moderate to heavy accumulations of snow, sleet or ice are likely as well as frigid temperatures expected to fall below freezing by evening Friday, January23 and not return above freezing until Monday, January 26. Extreme cold can lower the water temperature such that mains and laterals break when colder than normal water is circulated through the City's water distribution system. Especially vulnerable are the aging cast iron pipes in the system. Main breaks could occur even after the daily temperatures rise above freezing as the latent cold water is still flowing through the system. Water Field Operations handles many of the main breaks but, based on recent past cold weather events, private contractors are needed for additional support to repair main breaks and restore pavement to a drivable condition. This inemo is submitted to infornn #he CMO tYzat, puxsuant to the emergency authority in City Cade of Ordinances, Chapter 2, Article I, Section 2-9, the Water Department will be engaging the following firms to perform main break and/or pavement repairs. 1. William J Schultz, Inc. d/b/a Circle C Construction Company: $1,000,000.00 2. Tejas Commercial Construction, LLC: $750,OOO.QO 3. Jackson Construction, LTD: $1,000,000.00 Work will be billed against it 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. Texas Local Government Code Section 252.022 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. January 2026 Winter Storm — Emergency Procurement Page 1 of 2 APPROVED FOR EMERGENCY PROCUREN�NT: Recommended: Approved as to form and Legality: iAf' [t, �Y�I��e. [�onF�erHardnU� 1.201609:01:18�F.5T� Chris Harder, P.E., Director, Water Department . R�d'!o� Dou, las Black �Jan 7.1, 202613:33:34 CSTI Douglas W. Black, Sr. Assistant City Attorney App rove: Ha�Yyrane (Jan a.2, 2026 D6:39:52 CST) Haven Wynne, Chief Procurement Officer Approve: ��`��� Jesica McEachern, Assistant Ciiy Manager January 2026 Winter Storm — Emergency Procurement Page 2 of 2 ��RT�OI�TH�� City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name William J. Schultz, Inc. dba Circle C Construction Company Subject of the Agreement: January 2026 Winter Storm - Emergency Repair M&C Approved by the Council? * Yes ❑ No ✓❑ If so, the M&C must be attachecl to the cont�act. Is this an Amendment to an Existing contract? Yes ❑ No ❑✓ If so, p�ovide the original contract nurnber and the amendment number. Is the Contract "Permanent"? *Yes 0 No ❑ If unsuNe, see back page fo� permanent cont�^act listing. Is this entire contract Confidentiial? *Yes ❑✓ No ❑✓ Ifonly specific info�mation is Confidentzal, please list what information is Confidential and the page it is loeated. page6&7 Effective Date: 1/21/2026 Expiration Date: N/A If �different from the approval date. If �applicable. Is a 1295 Form required? * Yes ❑ No ❑✓ *If so, please ensure it is attached to the approving M&C or attached to the contract. Proj eCt Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes ✓❑ No ❑ Contracts need to be routed for CSO nrocessin� in the followin� order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be �eturned to the department.