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CONTRACT NU. � Bement
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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. 30 linear feet of a 30-inch TCWSC sanitary sewer main and
11 install one Type"A" manhole on a 48-inch sanitary sewer main (M-402-B).
12 Article 2. PROJECT
13 On May 27`t', 2015 two sink holes and sanitary sewer main collapses were reported at 6286
14 Broadway Ave. and approx. 650 feet west of Lavon Dr. Heavy rains and saturated soil conditions
15 caused instability in two sanitary sewer mains (48-inch M-402-B and a 30-inch TCWSC main).
16
17 Approximately 30 LF of 30-inch pipe is needed to repair the TCWSC main and one Type "A"
18 manhole is required to repair the 48-inch main and restore sewer service. It is beyond the City's
19 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 Thousand Dollars ($200.000.00). This figure may be amended up or
29 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:
36 a. Approved Invoice
37 b. Evidence of Current Insurance 6 l
38 c. Current Prevailing Wage Rate Table incorporated by reference. ,ti3 bra
39 3. General Conditions incorporated by reference `
40
41 ���, tV
FFIC RECO�tD (�
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CITY SECRETARY -�
FT.WORTH,TX \ _
2
Agreement
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42 Article 6. INDEMNIFICATION
43 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own
44 expense, the city, its officers, servants and employees, from and against any and all
45 claims arising out of, or alleged to arise out of, the work and services to be performed
46 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees
47 under this contract. This indemnification provision is specifically intended to operate
48 and be effective even if it is alleged or proven that all or some of the damages being
49 sought were caused, in whole or in part, by any act, omission or negligence of the city.
50 This indemnity provision is intended to include, without limitation, indemnity for
51 costs,expenses and legal fees incurred by the city in defending against such claims and
52 causes of actions.
53
54 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense,
55 the city,its officers,servants and employees,from and against any and all loss,damage
56 or destruction of property of the city,arising out of,or alleged to arise out of, the work
57 and services to be performed by the contractor, its officers, agents, employees,
58 subcontractors, licensees or invitees under this contract. This indemnification
59 provision is specifically intended to operate and be effective even if it is alleged or
60 proven that all or some of the damages being sought were caused, in whole or in part,
61 by any act,omission or negligence of the city.
62
63 Article 7.MISCELLANEOUS
64 7.1 Terms.
65 Terms used in this Agreement which are defined in Article 1 of the General Conditions will
66 have the meanings indicated in the General Conditions.
67 7.2 Assignment of Contract.
68 This Agreement, including all of the Contract Documents may not be assigned by the
69 Contractor without the advanced express written consent of the City.
70 7.3 Successors and Assigns.
71 City and Contractor each binds itself, its partners, successors, assigns and legal
72 representatives to the other party hereto, in respect to all covenants, agreements and
73 obligations contained in the Contract Documents.
74 7.4 Severability.
75 Any provision or part of the Contract Documents held to be unconstitutional, void or
76 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all
77 remaining provisions shall continue to be valid and binding upon CITY and
78 CONTRACTOR.
79 7.5 Governing Law and Venue.
80 This Agreement, including all of the Contract Documents is performable in the State of
81 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the
82 Northern District of Texas,Fort Worth Division.
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83 7.6 Other Provisions.
84 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is
85 classified, promulgated and set out by the City.
86 7.7 Authority to Sign.
87 Contractor shall attach evidence of authority to sign Agreement, if other than duly
88 authorized signatory of the Contractor.
89
90 IN WITNESS WHEREOF, City and Contractor have signed this Agreement in multiple
91 counterparts. At least one counterpart of each has been delivered to City and Contractor.
92
93 This Agreement will be effective on the last date subscribed by a signatory(which is the Effective
94 Date of the Agreement).
95 4/,/4p.V T�S�.IH p1�c. X64,.
City of Fort Worth
Contractor��c/ Cl,v.1����� �o,�op„u
By: �L---
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Fernando Costa
By: /�, e jls Assistant City Manager
(Signature)
Title: Date
(Printed N me) V %
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Attest: c X
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Address: A Q. �O,t' �/03Z Cti� reY-aLiStr
(Seal) 1EXA
City/State/Zip: �oi�G./oii�, 71—Y'7G//D Approved as to Form and Legality:
Date 7- /���� CAkv 10C.
Douglas W. Black
Assistant City Attorney
96 M&C
97 Date
98
99 APPROVAL RECOMMENDED:
100
101
102 _
103 Joh Carman
104 D CTOR, WATER DEPARTMENT
105 1 00 Throckmorton,Fort Worth,TX-76102
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX