HomeMy WebLinkAboutOrdinance 22614-02-2017 ORDINANCE NO.22614-02-2017
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE AMOUNT OF $531,867.00, FROM AVAILABLE
FUNDS, IN THE WATER CAPITAL FUND, FOR THE PURPOSE OF FUNDING
THE EMERGENCY WORK TO REPAIR A 42-INCH WATER MAIN BREAK
PERFORMED AT INTERSTATE HIGHWAY 30 AND BEACH STREET.;
PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE
CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH;AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
That in addition to those amounts allocated to the various City departments for Fiscal Year 2016-2017 in the
Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the
amount of$531,867.00, in the Water Capital Fund, from available funds, for the purpose of funding the
Emergency Work to Repair a 42-inch Water Main Break Performed at Interstate Highway 30 and Beach
Street.
SECTION 2.
That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or
void for any reason by a court of competent jurisdiction, such decision,opinion or judgment shall in no way
impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining
provisions shall be and remain in full force and effect.
SECTION 3.
That this ordinance shall be cumulative of Ordinance 22394-09-2016 and all other ordinances and
appropriations amending the same except in those instances where the provisions of this ordinance are in
direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions
of said prior ordinances and appropriations are hereby expressly repealed.
SECTION 4.
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY:
Douglas W.Black, Mary ,
Sr.Assistant City Attorney City Secretary
ADOPTED AND EFFECTIVE: February 21,2017
Ordinance No.22614-02-2017
Page 1 of 1
MAYOR AND COUNCIL COMMUNICATION MAP
60R42INWEMER-CIRCLEC
N
INR
Q m,.
u -
,
hP Itl� Ia f
y
EXIT�16C.� .
1.30
30 1-3C)
a
' p j
frp SCOTT AVE
r
d
„7 M 1
e
� - CD _
fn I
u ME— >
i=QMAR AVE
.r _ Ln 0
- U)
r
r,
,
i
° r
RT
FORT W 0
a.
Y�. G
n
JM^
CITY SECRETARY r-�►
CONTRACT NO. I 005243-1
Agm mcnt
Page I of 3
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
6 J. SCHULTZ, INC., D/B/A CIRCLE 1101 CONSTRUCTION COMPANY, a corporation
7 authorized to do business in Texas, acting by and through its duly authorized representative
8 ("Contractor"). City and Contractor, in consideration of the mutual covenants hereinafter set
9 forth,agree as follows:
10 Article 1.WORK
11 Contractor shall excavate as necessary and repair/replace approximately 500 linear feet of 42-inch
12 water main at I-30 and Beach Street to repair the water main and disturbed areas (the "Work").
13 Article 2.PROJECT
14 On June 5, 2015, a 42-inch water transmission main under I-30 at Beach Street ruptured. The
15 failure is thought to be under the Interstate requiring enhanced exploration and excavation
16 techniques in order to evaluate the damage and reach the ruptured segment of the line.
17
18 Article 3. CONTRACT TIME
19 3.1 Time is of the essence.
20 Contractor recognizes that time is of the essence,and the Contractor will be required to remain on
21 the jobsite until the 42-inch water main line is repaired and functioning properly. The City
22 expects the Contractor to have a sense of urgency to complete the Work in a timely manner.
23 Article 4. CONTRACT PRICE
24 City agrees to pay Contractor for performance of the Work based on Contractor's invoice an
25 amount up to Five Hundred Thousand Dollars ($500,000.00). This figurey be adjusted up or
26 down as final invoices are received.
27 Article 5. CONTRACT DOCUMENTS
28 5.1 CONTENTS:
29 The Contract Documents which comprise the entire agreement between City and
30 Contractor concerning the Work consist of the following:
31 1. This Agreement.
32 2. Exhibits to this Agreement:
33 a. Invoice(s)(as received)
34 b. Evidence of Current Insurance
35 c. Current Prevailing Wage Rate Table incorporated by reference.
36 3. General Conditions incorporated by reference
37
38
Emergency Agreement—42"Main Break at I-30 and Beach St.
005243-2
Agreement
Page 2 of 3
39 Article 6.INDEMNIFICATION
40 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own
41 expense, the city, its officers, servants and employees, from and against any and all
42 claims arising out of, or alleged to arise out of,the work and services to be performed
43 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees
44 under this contract. This indemnification provision is specifically intended to operate
45 and be effective even if it is alleged or proven that all or some of the damages being
46 soueht were caused, in whole or in part, by any act,omission or neelieence of the city.
47 This indemnity provision is intended to include, without limitation, indemnity for
48 costs,expenses and legal fees incurred by the city in defending against such claims and
49 causes of actions.
50
51 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense,
52 the city,its officers,servants and employees,from and against any and all loss,damage
53 or destruction of property of the city,arising out of,or alleged to arise out of,the work
54 and services to be performed by the contractor, its officers, agents, employees,
55 subcontractors, licensees or invitees under this contract. This indemnification
56 provision is specifically intended to operate and be effective even if it is alleged or
57 proven that all or some of the damages being sought were caused, in whole or in part,
58 by any act,omission or negligence of the city.
59
60 Article 7.MISCELLANEOUS
61 7.1 Terms.
62 Terms used in this Agreement which are defined in Article 1 of the General Conditions will
63 have the meanings indicated in the General Conditions.
64 7.2 Assignment of Contract.
65 This Agreement, including all of the Contract Documents may not be assigned by the
66 Contractor without the advanced express written consent of the City.
67 7.3 Successors and Assigns.
68 City and Contractor each binds itself, its partners, successors, assigns and legal
69 representatives to the other party hereto, in respect to all covenants, agreements and
70 obligations contained in the Contract Documents.
71 7.4 Severability.
72 Any provision or part of the Contract Documents held to be unconstitutional, void or
73 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all
74 remaining provisions shall continue to be valid and binding upon CITY and
75 CONTRACTOR.
76 7.5 Governing Law and Venue.
77 This Agreement, including all of the Contract Documents is performable in the State of
78 Texas. Venue shall be Tan-ant County, Texas, or the United States District Court for the
79 Northern District of Texas,Fort Worth Division.
Emergency Agreement—42"Main Break at I-30 and Beach St.
005243-3
Agreement
Page 3 of 3
80 7.6 Other Provisions.
81 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is
82 classified,promulgated and set out by the City.
83 7.7 Authority to Sign.
84 Contractor shall attach evidence of authority to sign Agreement, if other than duly
85 authorized signatory of the Contractor.
86
87 IN WITNESS WHEREOF,City and Contractor have signed this Agreement in multiple
88 counterparts. At least one counterpart of each has been delivered to City and Contractor.
89
90 This Agreement will be effective as of the date Contractor first performed the Work contemplated
91 herein.
92
City of Fort Worth
Contractor: William J. Schultz,Inc.,d/b/a
Circle"C"Construction Company
B � v
Jesus J.i5apa
By: Assistant City Manager
(Signature) ,r
Title: Datelee
r
(Printed Name)
Date Attest:
C' cr ary 'e. 010000
Address:,d p_
(Seal)
City/State/Zip: �l40Approved as to Form and Lega
0000Y0000
JJ// Douglas . Black
93 M&C /v t� " ' IR Nil� Al,, Sr.Assistant City Attorney
94 Date W^Q
95
96 APPROVAL RECOMMENDED:
97 Al�
98
99
100 Chris Harder,P.E.
101 Acting Assistant Director,Water Department
102 }
I
I
Emergency Agreement—42"Main Break at 1-30 and Beach St.
CIRCLE C CONSTRUCTION
PO BOX 40328
FORT WORTH, TEXAS 76140
30-Jun-16
Mr Tony Sholola, P.E.
City of Fort Worth
1000 Throckmorton Street
Fort Worth,Texas 76140
RE: Emergency Replacement of 42"Water Main
Beach Street and IH-30
1 Mobilization 1 EA $ 5,000.00 $ 5,000.00
2 Removal of existng 42"Conc Cyl Pipe 560 LF $ 60.00 $ 33,600.00
3 Installation of 42" Polyurethane Steel Pipe 560 LF $ 565.00 $ 316,400.00
4 72"Tunnel Liner 40 LF $ 950.00 $ 38,000.00
5 42" Waterline Connection 2 EA $ 13,500.00 $ 27,000.00
6 42" Butterfly Valve Vault Modification 1 LF $ 22,500.00 $ 22,500.00
7 Repair of Concrete Rip Rap Per TOOT 1500 SF $ 12.00 $ 18,000.00
Total $ 460,500.00
As we do not know the condition of the existing tunnel liner,there may be
additonal charges for repair and or replacement.
I
C
Sincerely,
le 4ev,
Teri Skelly
c
INTEROFFICE MEMO
DATE: JUNE 6,2016
TO: JESUS CHAPA,ASSISTANT CITY MANAGER
DOUG BLACK,ASSISTANT CITY ATTORNEY
FROM: CARMAN,WATER DIRECTOR
SUBJECT: 42"EASTSIDE WATER MAIN BREAK UNDER IH 30—EMERGENCY RESPONSE
A 42"pre-stressed concrete pipe was installed within a tunnel liner plate in 1982 under 11130 near the intersection
with Beach Street. This 42"pipeline is one of the mqjor transmission mains moving water from the Rolling Hills
Water Treatment Plant to the North Beach Reservoir. On the night of June 5s',the 42"main broke in at least one
section,apparently within the tunnel under the IH 30 Freeway and/or under the westbound on-ramp. The pressure in
this pipeline normally exceeds 120 psi, so the resulting damage from this main break is extensive. Water Field
Operations was able to respond to the break quickly by valving off and isolating the 42"main. The quick response
prevented more widespread damage,operational problems,and impacts to the IH 30 traffic flow.
Waiting to bid a contract to replace the broken pipe and repair the damage resulting from the main break is not the
best interest of the health and safety of the City of Fort Worth. Chapter 2,Article I,Section 2-9 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 public health or safety of the municipality's residents; and
procurements necessary because of unforeseen damage to public machinery,equipment,or property.
This memo is submitted to request authorization for emergency procurement of engineering and construction
services to replace approximately 500 linear feet of the pre-stressed pipeline under the IH 30 Freeway and to repair
damage to TXDOT facilities within the 1H 30 right of way. Cost is currently estimated to be approximately
$500,000.
A confirming M&C will be circulated to authorize each of the above activities.
APPROVED FOR EMERGENCY PROCUREMENT:
00
Recommended:
Ca an,Director,D ater Dept.
Approved As To Form and Legality :
MDBI ,Sr. stent City Attorney
Approved: Da 'urchasing Man a er
Approved:
Jesus J.Chaps,Assistant City Man er
CIRCLE C CONSTRUCTION
PO BOX 40328
FORT WORTH,TEXAS
`s
28-Dec-16 f
Mr Robert Sauceda, P.E.
City of Fort Worth
1000 Throckmorton Street
Fort Worth,Texas 76140
RE: Emergency Replacement of 42"Water Main
Beach Street and IH-30 Final Invoice
1 Mobilization 1 EA $ 5,000.00 $ 5,000.00
2 Removal of existng 42"Conc Cyl Pipe 605 LF $ 60.00 $ 36,300.00
3 Installation of 42" Polyurethane Steel Pipe 605 LF $ 565.00 $ 341,825.00
4 72"Tunnel Liner 70 LF $ 950.00 $ 66,500.00
5 42"Waterline Connection 2 EA $ 13,500.00 $ 27,000.00
6 42" Butterfly Valve Vault Modification 1 EA $ 22,500.00 $ 22,500.00
7 Repair of Concrete Rip Rap Per TXDOT 1360.5 SF $ 12.00 $ 16,326.00
8 Additional Modifications to Valve Vault 1 LS $ 15,000.00 $ 15,000.00
9 Hydromulch 177 SY $ 8.00 $ 1,416.00
Total FI AP I cc, 57 S 531867.00
Less previous payment T.S 11/201/6 $ 439,968.75
Final Amount Due $ 91,898.25
r
i
C
Sincerely,
i
Teri Skelly _--
ii
li
i
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 2/21/2017 - Ordinance No. 22614-02-2017
DATE: Tuesday, February 21, 2017 REFERENCE NO.: **C-28121
LOG NAME: 60R42INWEMER-CIRCLEC
SUBJECT:
Ratify Emergency Contract with William J. Schultz, Inc. d/b/a Circle "C" Construction Company, City
Secretary No. 47978, in the Final Amount of$531,867.00 for Emergency Work to Repair a Forty-Two Inch
Water Main Break Performed at Interstate Highway 30 and Beach Street, and Adopt Appropriation
Ordinance (COUNCIL DISTRICT 8)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Water Capital Fund in the amount of$531,867.00 from available funds; and
2. Ratify an Emergency Agreement with William J. Schultz, Inc. d/b/a Circle C Construction Company,
City Secretary No. 47978, in the final amount of$531,867.00 for emergency work to repair a 42-inch water
main break at Interstate Highway 30 and Beach Street.
DISCUSSION:
On June 5, 2016, the 42-inch concrete water main installed in 1982 at the Interstate Highway (I.H.)
30/Beach Street intersection broke in at least one section. Due to the high pressure of the water in the
pipe, the resulting damage from the break was extensive. The water main was quickly valved off and
isolated by Water Field Operations crews thereby preventing widespread damage, operational problems
and impacts to I.H.30 traffic flow.
Large Water Main Breaks are a threat to the health and safety of the City of Fort Worth. Chapter 2, Article
I, Section 2-9 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 public
health or safety of the municipality's residents and procurements necessary because of unforeseen
damage to public machinery, equipment, or property.
The replacement line was designed by in-house Engineering Staff. Work included removal of the
damaged section of 42-inch concrete pipe from the 72-inch tunnel crossing the interstate, installation of
new higher rated steel pipe within the tunnel, modifications to an existing valve vault, and repairs to
TXDOT's concrete riprap near the Beach and IH 30 bridge.
The attached City Manager memo dated June 6, 2016 approved the emergency work up to $500,000.00.
The total construction cost was $531,876.00, which is fair and reasonable for the work performed.
This project was located in COUNCIL DISTRICT 8, Mapsco 78A..
This contract legally does not require City Council approval.
Logname: 60R42INWEMER-CIRCLEC Page I of 2
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of
the Water Capital Fund. The Fiscal Year 2017 Water Operating Budget includes appropriations of
$21,060,000.00 for the purpose of providing Pay-As-You-Go funding for water capital projects. After this
transfer for Fiscal Year 2017, the balance will be $15,380,365.00. Appropriations for Emergency work to
repair a 42-inch water main break performed at Inter State Highway 30 and Beach Street by Fund will
consist of the following:
[Fund Existing Additional Project
Appropriations Appropriations Total*
Water --.-.---._ ____- ----
Capital $0.00 $531,687.00 $531,687.00
Fund
59601
Project $0.00 $531,687.00 $531,687.00
Total
*Numbers rounded for presentation purposes.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2
FROM
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2
CERTIFICATIONS:
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: John Carman (8246)
Additional Information Contact: Jim Deeter (7803)
Logname: 60R42INWEMER-CIRCLEC Page 2 of 2