HomeMy WebLinkAboutContract 51472U T Y SECREIARY -1
44 CONTRACT NO. _ Agreement
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SECTION 00 52 43
2 AGREEMENT FOR EMERGENCY REPAIR SERVICES
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4 THIS AGREEMENT is made by and between The City of Fort Worth, a Texas home rule municipality acting by
5 and through its duly authorized City Manager, ("City"), and WILLIAM J. SCHULTZ, INC., D/B/A CIRCLE
6 "C" CONSTRUCTION COMPANY, a corporation authorized to do business in Texas, acting by and through
7 its duly authorized representative ("Contractor"). City and Contractor, in consideration of the mutual covenants
8 hereinafter set forth, agree as follows:
9 Article 1. WORK
10 Contractor shall reinforce and repair the existing sheet pile cutoff walls to prevent further failure of the slope bank
11 and install 3,000 feet of 24- inch HOPE piping should emergency bypass pumping be required.
12 Article 2. PROJECT
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14 The recent ranis of September and October 2018, have further eroded the bank of a portion of the Trinity River
15 compromising the integrity of the City's twin 90 -inch sanitary sewer mains (M-280-13 and M-338-13) which covey
16 sewage to the Village Creek Treatment Plant. The lines must be protected.
17 In the spring of 2016 two temporary sheet pile cutoff walls were installed to protect the mains while a permanent
18 solution was designed. The permanent solution was under construction until the recent rains destabilized the
19 temporary solution causing further erosion of the stream bank.
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 the jobsite until
23 the work on repairing the cut off walls and procedures for bypass pumping is completed. The City expects the
24 Contractor to have a sense of urgency to complete the Work in a timely manner.
25
26 Article 4. CONTRACT PRICE
27 City agrees to pay Contractor for performance of the Work based on Contractor's invoice an amount up to Five
28 Hundred Thousand Dollars ($500,000.00) This figure may be amended up or down as final invoices are received.
29 Article 5. CONTRACT DOCUMENTS
30 5.1 CONTENTS:
31 The Contract Documents which comprise the entire agreement between City and Contractor concerning
32 the Work consist of the following:
33 1. This Agreement.
34 2. Exhibits to this Agreement:
35 a. Approved Invoice
36 b. Evidence of Current Insurance
37 c. Current Prevailing Wage Rate Table incorporated by reference.
38 3. General Conditions incorporated by reference
39 OFFICIAL RECORD
Emergency Agreement - Emergency Response for Trinity River CITY SECRETARY
Streambank Erosion Affecting Two 90 -inch Sanitary Sewer Lines I FT. WORTH, TX
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Agreement
Page 2 of 3
40 Article 6. INDEMNIFICATION
41 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its
42 officers, servants and employees, from and against any and all claims arising out of, or alleged to arise
43 out of, the work and services to be performed by the contractor, its officers, agents, employees,
44 subcontractors, licenses or invitees under this contract. This indemnification provision is specifically
45 intended to operate and be effective even if it is alleged or proven that all or some of the damages
46 being sought were caused, in whole or in part, by any act, omission or negligence of the city. This
47 indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal
48 fees incurred by the city in defending against such claims and causes of actions.
.,
50 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its
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officers, servants and employees, from and against any and all loss, damage or destruction of property
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of the city, arising out of, or alleged to arise out of, the work and services to be performed by the
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contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract.
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This indemnification provision is specifically intended to operate and be effective even if it is alleged
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or proven that all or some of the damages being sought were caused, in whole or in part, by any act,
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omission or negligence of the city.
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58
Article
7. MISCELLANEOUS
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7.1
Terms.
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Terms used in this Agreement which are defined in Article I of the General Conditions will have the
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meanings indicated in the General Conditions.
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7.2
Assignment of Contract.
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This Agreement, including all of the Contract Documents may not be assigned by the Contractor without
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the advanced express written consent of the City.
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7.3
Successors and Assigns.
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City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other
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party hereto, in respect to all covenants, agreements and obligations contained in the Contract Documents.
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7.4
Severability.
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Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a
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court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be
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valid and binding upon CITY and CONTRACTOR.
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7.5
Governing Law and Venue.
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This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shall
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be Tarrant County, Texas, or the United States District Court for the Northern District of Texas, Fort Worth
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Division.
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7.6
Other Provisions.
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The Contractor agrees to pay at least minimum wage per hour for all labor as the same is classified,
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promulgated and set out by the City.
Emergency Agreement - Emergency Response for Trinity River
Streambank Erosion Affecting Two 90 -inch Sanitary Sewer Lines
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Agreement
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79 7.7 Authority to Sign.
80 Contractor shall attach evidence of authority to sign Agreement, if other than duly authorized signatory of
81 the Contractor.
82
83 IN WITNESS WHEREOF, City and Contractor have signed this Agreement in multiple counterparts. At least
84 one counterpart of each has been delivered to City and Contractor.
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86 This Agreement will be effective on the last date subscribed by a signatory (which is the Effective Date of the
87 Agreement).
88
City of Fort Worth
Contractor: WILLIAM J. SCHULTZ, INC.,
D/B/A CIRCLE "C" CONSTRUCTION
COMPANY
By: A-X�
Ta -y- Cha—pa
Assistant City Manager
(Signature)
Tit e: President Date �O
_ Teresa Skelly
(Printed Namej
Address: 0 K �c I c�-
State/Zip:
(Seal) rygS......••' �`
Approved as to Form and Legality:
JGb wv�'� pec W
Douglas �WBlack
Senior Assistant City Attorney
APPROVAL RECOMMENDED:
Chris Harder, P.E.
Director, Water Department
200 Texas St. Fort Worth, TX -76102
Emergency Agreement - Emergency Response for Trinity River
Streambank Erosion Affecting Two 90 -inch Sanitary Sewer Lines
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Date
89
M&C N/A
90
Date N/A
91
92
HID 1,1q 5 = N ft
93
94
95
96
97
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(Seal) rygS......••' �`
Approved as to Form and Legality:
JGb wv�'� pec W
Douglas �WBlack
Senior Assistant City Attorney
APPROVAL RECOMMENDED:
Chris Harder, P.E.
Director, Water Department
200 Texas St. Fort Worth, TX -76102
Emergency Agreement - Emergency Response for Trinity River
Streambank Erosion Affecting Two 90 -inch Sanitary Sewer Lines
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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.
Signature
Name of Employee
o
Title
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
INTEROFFICE OFFICE M EMO
DATE: OCTOBER 17, 2018
TO: JESUS CHAPA, ASSISTANT CITY MANAGER
DOUG BLACK, SR. ASSISTANT CITY ATTORNEYS i4t I l( -k
FROM: CHRIS HARDER, WATER DIRECTOR ''C' 0 c
SUBJECT: TRINITY RIVER STREAMBANK EROSION AFFECTING TWO 90"
SANITARY SEWER LINES — EMERGENCY RESPONSE
Two 90" diameter sanitary sewer lines (West Fork sewer lines) were installed in the 1960's and
1970's that initially connected the old Riverside Plant with the Village Creek Plant. They are
generally aligned parallel to and offset from the Trinity River. These two pipelines currently
convey the majority of the wastewater generated in Fort Worth to the Village Creek Plant, with
flow capacity of upwards of 200 million gallons per day.
In the spring of 2016, Trinity River streambank erosion was discovered that threatened to expose
and potentially undermine the West Fork sewer lines. An emergency contract «ras authorized in
June of 2016 (CS No. 47913, see also, June 7, 2016 Emergency Memo) for the installation of
two sheet pile cutoff walls, a temporary solution designed to help protect the pipelines while a
permanent solution, was designed and permitted by the U.S. Army Corps of Engineers. The
emergency work was completed in July 2016.
The City engaged James Deotte Engineering, Inc. (M&C C-27950) to develop, design and permit
a permanent .solution to the erosion problem. The approved design is to install a reinforced
concrete wall supported by drilled shaft piers that would act as the foundation for a rock gabion
basket reinforced channel slope. The drilled piers would be extended into bedrock to provide
permanent stability. The rock gabion basket would be extended from the concrete foundation up
the channel bank side slope to prevent erosion.
The Corps of Engineers permit for this permanent solution was obtained in the summer of 2017.
Bids for the construction of the permanent solution were obtained in late July of that year and on
September 26, 2017 (M&C C-28407) council authorized execution of a construction contract
with Humphrey and Morton in the amount of $1,867,535 to construct the permanent solution.
Construction of the drilled piers was delayed almost a year, however, in part due to final
easement acquisition and the discovery of artifacts in the work zone that required mitigation.
Once the drilled, pier construction began in late summer of 2018, it was discovered that the rock
layer encountered at several locations was deeper than what was logged in the geotechnical bores
taken as part of the design. Unfortunately, the engineering design needed to be revised to provide
additional depth to the drilled piers to strengthen the foundation and additional vertical tie -back
reinforcing of the proposed protective wall. That redesign has just recently been completed and
provided to the contractor for a cost assessment.
On September 22, 2018, Fort Worth was hit by a severe storm which eroded significant portions
of the Trinity River and resulted in the failure of one of the sheet pile cutoff walls. The second
cutoff tivall is now unstable and needs to be reinforced immediately (see attached pictures). On
October 13, 2018, another storm increased the Trinity River water surface elevation at least 13'
in the impacted area, resulting in additional erosion of the streambank. Rain has occurred every
day from October 131" tip to the date of this memo and significant rain is forecast for the next
several weeks.
With the construction of the permanent solution gabion wall project expected to take six months,
preparation and placement of materials and equipment necessary to perform bypass pumping
should the transmission pipes be compromised is necessary to protect public health.
Under this emergency memorandum the Water Department intends to do the following:
1. Reinforce and repair the existing sheet pile cutoff walls and prevent further failure
(installation of driven piles with tieback rods to support). It is anticipated work will be
performed by Shin and Gregory and Circle C Construction, the construction team that
performed the original emergency work, at an estimated cost of $200,000.
2. Expose the West Fork sewer lines at points upstream and downstream of the
compromised area in order to allow expedited bypass pumping. It is anticipated this
work will be performed by Circle C Construction at an estimated cost of $50,000.
Install approximately 3,000 linear feet of 24" HDPE piping, to be in place should
emergency bypass pumping be required. Work is anticipated to be performed by Circle C
Construction. Estimated cost of $250,000.
4. Purchase two 90'' sewer plugs and position them at the site for the duration of the project.
These plugs will be needed in the event of damage to the existing pipes that requires
bypass pumping. It. is anticipated that these plugs will be purchased from Sunbelt Rentals
at a cost of approximately $60,000.
5. Rent bypass pumps and pump manifold. Costs vary based on duration of rental. Should
the rental last several months, total cost would be approximately $300,000. It is
anticipated that Sunbelt Rentals will be utilized for pump and manifold rentals.
6. Execute an emergency contract with Humphrey and Morton to immediately proceed with
installation of vertical tiebacks and extra depth piers as required by the revised rock ledge
information described above. Estimated cost for this additional work is $650,000
Waiting to prepare a change order to the contract under which the permanent solution is being
constructed for the additional piers and tie -back structures is not prudent given the saturated
conditions and forecast for more heavy rain. The City is exempt from competitive bidding when
an emergency threatens the preservation of the city's property or the public health of the citizens.
Concurrently awarding emergency contracts to repair the failing cutoff walls and establish
procedures for bypass pumping, should there be a failure of the pipeline, furthers the interest of
protecting the public health and safety of the City as well as being necessary to protect the city's
property. Chapter 2, Article I, Section 2-9 at (9) of the City's Code of Ordinances and Section
252.022 of the Local Government Code exempts from normal bidding requirements expenditures
that are necessary to preserve or protect the city's property and the public health or safety of the
municipality's residents.
This memo is submitted to request authorization for emergency procurement of services outlined
above, at a total cost of approximately $1,510,000. While this cost is extremely high, the
consequences of one or both of the 90" pipes failing and allowing raw wastewater to flow into
the Trinity River are dire and this must be prevented.
A confirming M&C will be circulated to ratify the above activities after the work has been
performed.
APPROVED FOR EMERGENCY PROCURE jM'E�NT:
Recommended:
Clids Harder, Director, Water Dept.
Approved As To Form and Legality:
Approved:
Approved:
Dougl B c Assistant City Attorney
Cynthi- Garcia, Purchasing Manager
Jesus J. Chapa, Assistant ity Manager
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