HomeMy WebLinkAboutContract 46849 CITY SECRETAW/ 1
' CWRACT NO. `t' 1
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1 SECTION 00 52 43
2 AGREEMENT FOR EMERGENCY REPAIR SERVICES
3
4 THIS AGREEMENT is made by and between The City of Fort Worth, a Texas home rule
5 municipality acting by and through its duly authorized City Manager, ("City"), and William J.
6 Schultz --- d/b/a Circle C. Construction Company, a corporation authorized to do business in
7 Texas, acting by and through its duly authorized representative ("Contractor"). City and
8 Contractor, in consideration of the mutual covenants hereinafter set forth,agree as follows:
9 Article 1. WORK
10 Contractor shall replace approx. 156 linear feet of 30-inch sanitary sewer main and install one
11 Type"A"manhole to replace an existing manhole on M-244-13.
12 Article 2.PROJECT
13 On June 18`h, 2015 City Staff reported a sanitary sewer main collapse at 6200 Pioneer Parkway
14 (M-244-B). Heavy rains and saturated soil conditions caused instability and the collapse of a 30-
15 inch sanitary sewer main(M-244B).
16
17 It is estimated that up to 156 LF of 30-inch pipe is needed to repair M-244-B along with one Type
18 "A" manhole to replace an existing manhole, facilitate emergency bypass pumping, and restore
19 sewer service. It is beyond the City's ability to perform repairs of this size, length, and depth.
20 Article 3. CONTRACT TIME
21 3.1 Time is of the essence.
22 Contractor recognizes that time is of the essence, and the Contractor will be required to remain on
23 the jobsite until the 30-inch sanitary sewer main and the 48-inch sanitary sewer main are repaired
24 and sewer service is restored. The City expects the Contractor to have a sense of urgency to
25 complete the Work in a timely manner.
26 Article 4. CONTRACT PRICE
27 City agrees to pay Contractor for performance of the Work based on Contractor's invoice an
28 amount up to Two Hundred Fifty Thousand Dollars ($250.000.00). This figure may be amended
29 up or down as final invoices are received.
30 Article 5. CONTRACT DOCUMENTS ,
31 5.1 CONTENTS:
32 The Contract Documents which comprise the entire agreement between City and
33 Contractor concerning the Work consist of the following:
34 1. This Agreement.
35 2. Exhibits to this Agreement: 9 , 1 2 3 +;I
36 a. Approved Invoice s �'
37 b. Evidence of Current Insurance .Z
38 c. Current Prevailing Wage Rate Table incorporated by reference.
39 3. General Conditions incorp( FdrMl By reference " o
40 OFFICIAL RECORD 6 ,�•
CITY SECRETARY
FT.WORTH,TX s
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Agreement
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41 Article 6.INDEMNIFICATION
42 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own
43 expense, the city, its officers, servants and employees, from and against any and all
44 claims arising out of, or alleged to arise out of, the work and services to be performed
45 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees
46 under this contract. This indemnification provision is specifically intended to operate
47 and be effective even if it is alleged or proven that all or some of the damages being
48 sought were caused, in whole or in part, by any act, omission or negligence of the city.
49 This indemnity provision is intended to include, without limitation, indemnity for
50 costs, expenses and legal fees incurred by the city in defending against such claims and
51 causes of actions.
52
53 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense,
54 the city,its officers,servants and employees,from and against any and all loss,damage
55 or destruction of property of the city,arising out of,or alleged to arise out of, the work
56 and services to be performed by the contractor, its officers, agents, employees,
57 subcontractors, licensees or invitees under this contract. This indemnification
58 provision is specifically intended to operate and be effective even if it is alleged or
59 proven that all or some of the damages being sought were caused, in whole or in part,
60 by any act, omission or negligence of the city.
61
62 Article 7. MISCELLANEOUS
63 7.1 Terms.
64 Terms used in this Agreement which are defined in Article 1 of the General Conditions will
65 have the meanings indicated in the General Conditions.
66 7.2 Assignment of Contract.
67 This Agreement, including all of the Contract Documents may not be assigned by the
68 Contractor without the advanced express written consent of the City.
69 7.3 Successors and Assigns.
70 City and Contractor each binds itself, its partners, successors, assigns and legal
71 representatives to the other party hereto, in respect to all covenants, agreements and
72 obligations contained in the Contract Documents.
73 7.4 Severability.
74 Any provision or part of the Contract Documents held to be unconstitutional, void or
75 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all
76 remaining provisions shall continue to be valid and binding upon CITY and
77 CONTRACTOR.
78 7.5 Governing Law and Venue.
79 This Agreement, including all of the Contract Documents is performable in the State of
80 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the
81 Northern District of Texas,Fort Worth Division.
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82 7.6 Other Provisions.
83 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is
84 classified, promulgated and set out by the City.
85 7.7 Authority to Sign.
86 Contractor shall attach evidence of authority to sign Agreement, if other than duly
87 authorized signatory of the Contractor.
88
89 IN WITNESS WHEREOF, City and Contractor have signed this Agreement in multiple
90 counterparts. At least one counterpart of each has been delivered to City and Contractor.
91
92 This Agreement will be effective on the last date subscribed by a signatory(which is the Effective
93 Date of the Agreement).
94 ((((((�''��
Contractor: Ci.�% C`ppS�ruc��n �Om��any�l tWMth /1
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By: —� �,S' Assistant City Manager
(Signature)
Title: Q / ,( Date 14 1$
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7461. CC
(Printed Name)
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Attest: ~
Secr ary �
Address:
it' BoX yD3Z v
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(Seal) �1�x
City/State/Zip: Ae->,, 71..)/Approved as to Form and Legality:
Date 7-IV-1.5r Ay At4c kjW'1 f l e 1 o L
Douglas NV.Black i3 V
Assistant City Attorney
95 M&C
96 Date APPROVAL RECOMMENDED:
97
98
99 John .arman
100 D CTOR, WATER DEPARTMENT
101 1000 Throckmorton,Fort Worth, TX-76102
N
RECORDRETARYTH, TX