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HomeMy WebLinkAbout064674 - Construction-Related - Contract - Jackson Construction, LTDcsc No. 64674 -� Agreement Page 1 of 5 SECTION 00 52 43 AGREEMENT FOR JANUARY 2026 WINTER STORM — EMERGENCY REPAIR MA1N BREAKS AND PAVEMENT REPAIRS THIS AGREEMENT is made by and between The City of Fort Woi�th, a Texas hame rule municipality acting by and through its duly authorized City Manager, ("City"), and Jackson Construction, LTD a carporation authorized ta 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 l. 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. PI20JECT SUMMA.RY 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 rnain repair is complete and functioning. The City expects the Contractor ta have a sense of urgency to procure and bring the equipment online to perform the Work. Article 4. CONTRA.CT PRICE City agrees to pay Contractor for performance of the Work, based on Contractor's invoices, an arnount up to One Million Dollars($1,000,000.00). This fi�ure mav be adiusted up or down as final invoices are received. Articte 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 ��7��[y1,1�:7X�%]:a�7 C«] � i'�'i Xy:� � ��1:�'1 FT. WORTH, TX CITY OF FORT WORTH Emergency Agreement (1.21.26) — JAN 202b WINTER STORM EMERGENCY REPAIRS CSC No. .2 Agreement Page 2 of 5 Cantractor 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 af�cers, agents, employees, subcontractors, licenses or invitees under this contract. This indemnification provision is st�ecificallv intended to onerate and be effective even if it is a(lesed or aroven that all or some of the damases bein� sousht were caused, in whole or in oart, bv anv act, omission or ne�li�ence of the citv. 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 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, darnage 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 provision is specificallv intended to onerate and be effective even if it is alle�ed or �roven that all or some of the dama�es bein� sou�ht were caused. in whole or in part, 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 Contractot° without the advanced express written consent of the City. 7.3 Successors and Assigns. City and Contractor 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 Docurnents. 7.4 Severability. Any provision or pai�t of the Contract Docurnents held to be unconstitutional, void or unenforceable by a court of competent jurisdiction shall be deemed stricken, and all remaining pravisions 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 Coui-t for the Northern District of Texas, Foi�t 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 WOR1'H Emergency Agc�eement (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 fscal period for any payments due hereunder, City will notify Contractor of such occurrence and this Agreement shall tei•minate on the last day of the fiscal period for which appropriations were z•eceived 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 accoa•dance with Chapter 2271 of the Texas Government Code, if Contractor has 10 or more ful[ time-employees and the contract vaiue is $100,000 or more, the City is prohibited fi•om entering into a contract with a cornpany 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 $08.001 of the Texas Government Code. By signing this contract, Contractor certi�es that Contractor's signature provides written veri�cation to the City that if Chapter 2271, Texas Government Code applies, Cantractor: (1) does not boycott Israel; and {2} will not boycott Israel during the term of the contracto 7.6.4 Prohibition on Boycotting Energy Companies. Contractor acknowledges that in accordance with Chapter 2276 of the Texas Governrnent Code, the City is prahibited from antering into a contract for goods ar services that has a value of $100,000 or more, which will be paid wholly or partly fi•om 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 Govei•nment Code. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certi�es that Contractor's signature provides written veri�cation to the City that Contractor: {l) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 7.b.5 Prohibition on Discrimination Against Firearm and Ammunition Industries. Contractor acknowledges that except as otherwise provided by Chapter 22'74 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a vatue of $ l OQ,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 ihe 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 fireai•m 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 certi�es that Contractor's signature provides written veri%cation to the City that Contractar: (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�rearm entity or firearm trade association during the term of this AgreemenY. CITY OF FORT WOR'TH Emergency Agreement (1.2 L26) — JAN 2026 WINTER STORM EMERGENCY REPAIRS CSC No. -4 Agrecment Page 4 of 5 7.6.6 Immi�ration Nationality Act. Contractor shall verify the identity and employment eligibility of its employees wha perform work under this Agi•eement, including completing the Emplayment EIigibility Verifcation 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 ghis Agreement. Contracto�� shall adhet•e to all Federal and State laws as well as establish appropriate procedures and aantrols so that no services will be performed by any Contractor employee who is not legally eligible to perform such secvices. CONTRACTOR SHALL INDEMNIFY CITY AND HOLT) CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIQLATIONS OF THIS PARAGRAPH BY CONTRACTOR, C4NTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right to immediately teyminate this Agreement for violations of this provision by Contractor. '3,7 Authority to Sign. Contractor shall attach evidence of authority to sign Agreement, if other than duly authoi•ized signatory of the Contractor. SIGNATURE PAGE AND ANY ATTACHMENTS/EXHIBITS TO FOLLOW CITY OF FORT WORTH Emergency Agc•eement (1.21.26) — 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: Jacicson Construction, LTD City of Fort Wo��th Bv: _ _ ,/� ,�'��9 By; v Name: Troy Jacicso Jesica McEachern Title: President Assistant City Manager Date: ��� �j G�j I l Address: 5112 Sun Vallev Drive Date 02/06/2026 Attest: pF FORr�°a a'a'o� ��� � ��9pp p�`o 0�10 PV8 o=d PPp*000 o *�d Qa�Il �E�A564q� `Fort Woi�th, TX 76119 � � � �, Jannette S. Goodall, City Secretary APPROVAL RECOMMENDED: CGcYIJto,�l�e� ffG��fe� Christophcr Hard�r (Jan 29, 2026 16:00�.56 CST) Christopher Harder, P.E. Director, Water Department (Seal) Appro d�orrn and Legality: Douglas Black (Feb 2, 2026 13:51:42 CST) Douglas W. Black Senior Assistant City Attorney M&C N/A -(Attached 01/2U25 Emer�enev Memol Date N/A (Attached O1/21/25 Emer�encv 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 i•equirements. Tonv Sholola Tony Sholola, P.E Assistant Director dFFICIAL RECORD CITY SECRETARY CITY OF FORT WORTH FT. WORTH, TX Emergency Agreement (1.21.26) — JAN 2026 WINTER S'TORM EMERGENCY REPAIRS 2013 PREVAfLiNG WAG� ftA7'ES (Heavy and HSghway Consiruction Projectsj CLASSlFfCATibN DESCRiPTIQN Asphalt DisCributor Opsrator Asphalt P�ving Machlne Operator Asphelt Raker groam or Sweeper qperator Cnncrete Firtlsher, Pav}ng and Structures Concrete Pavement Flnishing Machine Operator Concrete Saw pperetor Crane Qperaior, Hydraulic 80 tons or I�ss Crane OperatoY, Lattice Boom 8Q Tons ar Less Crarte Qperator, lattEce Boom Over 8Q Tons Crawier Tractor Opsrator • Electrictan Excavator Qperator, 50,�0� pounds or iess Excavatar Operator, Over5Q,OQQ pounds Flagg�r Form ButfderiSetter, Structures Form Sett�r, Paving & Curb Foundation DriR aper�tar, Crawler Mounted Faundation �.r1110pErator, Truck Mou�nted Front End Loader Operator, 3 CY or Less Front End Loader Operator, Qver 3 CY Laborer, Common La�or�r, UtNity Loader/Baekhae Operator Mechantc Militng lulechine Operator Motar �rader Operatar, Flr►e �rade Motor Grader f�p�raior, Rough Off Road Nauler Pavement Marking Machine Operator Pipelayer Reclaimer/Pulvertzer Opsrator R�inforcin� Steel Work�r Roller Operator, Aspi�alt Rotler operator, other Scraper Operator Serv€c�r . Sma(f S(ipform Machine Op��a�or Spreader 8ox Operator Truck Driver Lowbay-Float Truck Driver Transit-Mlx Truck Drlver, Sin�le Axle Trucic Driver, Single orTandsm Axle Dump Truck Truck Drivar, Tandem Axle Tractor with Seml Trai{er We�der WorkZone Barricade Servicer Wage Rate $ $, $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ � $ $ $ $ $ $ $ � $ $ $ $ $ 15.32 13.99 12.69 i1.74 i4.12 16.05 14.48 �.8.12 17.Z.i 20.52 �.4.07 19.80 �.7.19 16.99 io,os 13.84 13.56 17.99 21.07 13.69 14.72 10.72 12.32 x�.ss 27.68 14.32 17.19 16.02 12.25 16.63 �.3.24 1�,01 16.18 13.08 11.51 22.96 14.58 15.96 14.73 �.s.2� 14.14 i2.s�. �.2.62 12.86 14.84 11.68 The Davts-eacon Act prevailing wage Yates shown for Heavy at�d kllghway conskruction projects were determined by the Untted States Department of f.a6or and current as of 5eptember 201.3. The titles and descrtptions farthe class�ftcations Usted are deta!!ed in the ACC oiTexas' Standard Job Classiflcatlons and Descriptians far Highway, Heavy, UtN(ties, and lndustrial Constructlon fn Texas. Page 1 of 1 INTEROFFICE MEMO Date: January 21, 2026 To: Jesica McEachern, Assistant City Manager From: Chris Harder, P.E., Water Directox Via: Doug Black, Senior Assistant City Attorney Haven Wynne, Chief Procurement Of�cer Subject: 7ANIIARY 2026 WINTER STORM - EMERGENCY REPAIR MA.IN BREAKS AND PAVEMENT REPAIR.S On January 2Q, 2026 a winter storm watch was issued far 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 distributian 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 systern. Water Field Operations handles many of the main breaks but, based an 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, puxsuant to the emergency authority in City Code of Ordinances, Chapter 2, Article I, Section 2-9, the Water Departrnent will be engaging the following firms to perform main break and/or pavement repairs. 1. �Villiam J Schultz, Inc. d/b/a Circle C Canstruction 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 ta 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 necessaty because of unforeseen damage to public machinery, equipmeni, or property. A con�rming M&C will be circulated to ratify the contract after the work has been perfarmed. January 2026 Winter Storm — Emergency Procurement Page 1 of 2 APPROVED FOR EMEI2GENCY PROCUREMENT: Recommended: Approved as to form and Legality: .r)e.a�.fS�.t7/r�, (?Y�'.h�.¢t1.�., CsrStaQhctHaiderPJr 1.302609;03:48�ST1 Chri (Ha�P.�., Director, Water Department �f no�;�i�� �e��€� (sa�, zz, 202& 13:33:34 CST} Douglas W. Black, Sr. Assistant City Attorney ,.— Approve: Haven Wynne (Jan 22, 202606;39:51 CSi'} Haven Wynne, Chief Procurement Officer Approve: �1�w�� Jesica McEachern, Assistant Ciiy Manager January 2026 Winter Storm — Emergency Procurement Page B of 2 F�RT��RTHo City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Jackson Construction, LTD 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 attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No ❑✓ If �so, provide the original contract number and the amendment number. Is the Contract "PermanenY'? *Yes 0 No ❑ If �unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑✓ No ❑✓ If only specific information is Confidential, please list what information is Confidential and the page it is located. 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 processin� 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 returned to the department.