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HomeMy WebLinkAbout064635 - Construction-Related - Contract - Tejas Commercial Construction, LLCCSC No. �4635 -1 Agreement Page 1 of 5 SECTION 00 52 43 AGREEMENT FOR JANUARY 2026 WINTER STORM — EMERGENCY REPAIR MAIN BREAKS AND PAVEMENT REPAIRS THIS AGREEMENT is made by and between The City of Fort Woi�th, a Texas home rule municipality acting by and through its duly authorized City Manager, ("City"), and Tejas Commercial Construction, LLC a corporation authorized to do business in Texas, acting by and through its duly authoc•ized 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 "ProjecY' 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 procure and bring the equipment online to perform the Work. Article 4. CONTRACT PRICE City agrees to pay Contractor for performance of the Wot•k, based on Contractor's invoices, an amount up to Seven Hundred and Fiftv Thousand Dollars($750,000.001. This fi�ure mav be ad'tusted 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 OFFICIAL RECORD CITY OF FORT WORTH CITY SECRETARY Emergency Agreement (1.21.26) — JAN 2026 WINTER STORM EMERGENCY REPAIRS FT. WORTH, TX CSC No. _z Agreement Page 2 of 5 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its of�cers, 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 of�cers, agents, employees, subcontractors, licenses or invitees under this contract. This indemnification provision is specificallv intended to operate and be effective even if it is alle�ed or proven that all or some of the dama�es beinE sou�ht were caused, in whole or in part, bv any act, omission or ne�liEence 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 own expense, the city, its offcers, 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 dama�es bein� sou�ht were caused, in whole or in part, bv anv act, omission or ne�liEence 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 Contc•actor each binds itself, its pai�tners, 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 sha11 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 Noi�thein 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 Agceement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any lcind 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 Isi•ael. Contractor, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Conti•actor has 10 or more full time-employees and the contract value is $100,000 or more, the City is prohibited fi•om 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 contcact. 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 entet•ing 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 fi•om 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 certiiies that Contractor's signature provides written veri�cation 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 vei•ification 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 (1.21.26) — JAN 2026 WINTER STORM 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 c•equest by City, Contractor shall provide City with copies of all I-9 forms and suppoi�ting 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 seivices. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARML�SS 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 (1.21.26) — JAN 2026 WINTER STORM EMERGENCY REPAIRS CSC No. -5 Agreement Pagc 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: Tejas Commercial Constcuction, LLC Bv: ��`ivi.�¢� .R�� Name: Charles Allen Title: Vice President Date: 1/23/2026 Address: _PO Box 10395 River Oaks, TX 76114 APPROVAL RECOMMENDED CGcY1Jto,�Gt2� �faY�f�� Christophcr Hard�r (Jan 24, 2026 06:39:35 CST) Christopher Harder, P.E. Director, Water Depa��tment City of Fo►•t Worth By: Jesica McEachern Assistant City Manager Date O1/27/2026 4,O.�pUOpn�� pb FORr �a �, oF�°° °�o�oa� Attest: o�° �op-i°a dVo 0=0 %J `� ��4'f ° �° �`� ����i�#A. a�� oTEXASo�o; Il�n04444 Jannette S. Goodall, City Secretary (Seal) Approv d��orm and Legality: Douglas Black (Jan 26, 2026 17:4625 CST) Douglas W. Black Senior Assistant City Attorney M&C N/A -(Attached O1/21/25 Emer�encv Memo) Date N/A (Attached O1/21/25 Emer�encv Memol Form 1295 N/A CONTRACT COMPLIANCE MANAGER: By signing, I acknowledge that I am the person responsible fo►• the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Ton�Sholola Tony Sholola, P.E Assistant Director CITY OF FORT WORTH Emergency Agreement (1.21.26) — JAN 2026 WINTER STORM EMERGENCY REPAIRS �FFICIAL RECORD CITY SECRETARY FT. WORTH, TX �� 2013 PREVAILING WAGE RATES (Heavy and Highway Construction Projects) CLASSIFICATION DESCRIPI'ION Asphalt Distributor Operator Asphalt Paving Machine Operator Asphalt Ral<er Broom or Sweeper Operator Concrete Finisher, Paving and Structures Concrete Pavement Finishing Machine Operator Concrete Saw Operator Crane Operator, Hydraulic 80 tons or less Crane Operator, Lattice Boom 80 Tons or Less Crane Operator, Lattice Boom Over 80 Tons Crawler Tractor Operator Electrician Excavator Operator, 50,000 pounds or less Excavator Operator, Over 50,000 pounds Flagger Farm Bu}Ider/Setter, Structures Form Setter, Paving & Curb Foundation Drill Operator, Crawler Mounted Faundation Drill Operator, Truck Mounted Front End Loader Operator, 3 CY or Less Front End Loader Operator, Over 3 CY Laborer, Common Laborer, Utility Loader/Backhoe Operator Mechanic Milling Machine Operator Motor Grader Operator, Fina Grade Motor Grader Operator, Rough Off Road Hauler Pavement Marking faliachine Operator Pipelayer Reclaimer/Pulverizer OperaYor Reinfarcing Steel 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 Trucic Driver, single orTandem Axle Dump Truck Trucl< Driver, Tandem Axle Tractor with Semi Trailer Welder Work Zone Barricade Servicer Wage Rate $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 15.32 13.99 �.2.69 11.74 14.12 16,05 14.48 18.12 17.27 20.52 14.07 19,80 17.19 16.99 10,06 13.84 13.16 17.99 21.07 13.69 14.72 10.72 12.32 ss.i8 17.68 14.32 17.19 16.02 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 �2.31 12.62 12,86 14.84 17..68 The Davis-eacon 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 Classificatlons and Descriptions for Highway, Heavy, Utilities, and Industrial Construction in Texas. Page 1 of 1 INTEROFFICE MEMO Date: January 21, 2026 To: Jesica McEachern, Assistant City Manager From: Chris Harder, P.E., Water Director Via: Doug Black, Senior Assistant City Attorney Haven Wynne, Chief Procurement Officer Subject: JANUARY 2026 WINTER STORM - EMERGENCY REPAIR MAIN BREAKS AND PAVEMENT REPAIRS 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 brealc 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 memo is submitted to inform the CMO that, pursuant to the emergency authority in City Code 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: $750,000.00 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. Januaiy 2026 Winter Storm — Emergency Procurement Page 1 of 2 APPROV�D FOR EM�RG�NCY PROCU1tEM�NT: Recommended: � ,,.,<,-�,,,�j�,��i�_n,�C�.c;�i1. Chris Ha��P.�., Director, Water De�artment Approved as to form and Legality: Douglas Black (Jan 21, 202G 13:33:34 CST) Douglas W. Black, Sr. Assistant City Attorney Approve: Haven bVyn�� n 22, 2026 06:39:51 CST) Haven Wynne, Chief Procurement Officer Approve: ���!.�'�� Jesica McEachern, Assistant City Manager Januaiy 2026 Winter Stot•m — Emei•gency Procurement Page 2 of 2 ��RT�OI�TH�� City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name Tejas Commercial Construction, LLC 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.