HomeMy WebLinkAboutOrdinance 23861-09-2019 Ordinance No.23861-09-2019
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE
WATER AND SEWER CAPITAL PROJECTS FUND, FROM AVAILABLE FUNDS, IN THE
AMOUNT OF $36,825.00, FOR THE PURPOSE OF FUNDING THE EMERGENCY
SANITARY SEWER REPAIR WORK PERFORMED ON 7TH 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 2018-2019 in the
Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Water
and Sewer Capital Projects Fund in the amount of $36,825.00, from available funds, for the Emergency
Sanitary Sewer Repair Work Performed on 7th 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 23392-09-2018 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said prior ordinances and appropriations are hereby expressly repealed.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 ack Xary J. K r
Sr. Assistant City Attorney City Secretary
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ADOPTED AND EFFECTIVE: September 24. 2019
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Circle C Construction Company - ",
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JUL 10 2019 a
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8-May-19 Z 12-75
Mr.Adolfo Lopex r I
City of Fort Worth ?0
1000 Throckmorton Street
Fort Worth,Texas 76140 Iv-6-.. Kira jec/ d�(�/��
RE: 7th Street
Below is the price for the void repair on 7th Street
through the 54"RCP pipe.
1 Mobilization 1 LS $ 2,000.00 $ 2,Oo0.00
2 12'Shaft 12'Deep Hand Dug 1 LS $ 18,000.00 $ 18,000.00
3 Flowahle Fill 8ackfill for Shaft 48 CY $ 150.00 $ 7,200.00
4 Grout 30 CY . $ 150.00 $ 4,500.00
5 Asphalt Patch with Hi Yield Concrete Base 33 SY $ 125.00 $ 4,125.00
6 Barricades 1 LS $ 1,000.00 $ 1,000.00
Total
$ 36,825.00
Sincerely,,
Teri Skelly
500 WEST n Aires.AVENUE,FORT WORTH,TEXAS 76140
817-293-1863 FAX 817-293-1957
INTEROFFICE MEMO
DATE: APRIL 26,2019
TO: JESUS CHAPA,ASSISTANT CITY MANAGER
DOUG BLACK, SR. ASSISTANT CITY ATTORNEY
FROM: CHRIS HARDER,WATER DIRECTOR
SUBJECT: DSL-7R*AND M-34 PAVEMENT REPAIRS AND GROUTING OF
EXISTING MAINS ON 7Tn ST.
On April 23, 2019, Water Field Operations was informed of a large void underneath the
pavement of 7"' St. between Commerce Street and Main Sheet. Field Operations investigated
the area and performed CCTV on the existing 24-inch DSL-7R*, and the pipe was found in good
condition. However, after farther CCTV, it was discovered that soil was entering thru the
previously abandoned 10-inch vitrified clay sanitary sewer main M-34 and also thru the annular
space of the tunnel for the 24-inch DSL-7R*, likely contributing to the void. The scope of
repairs is to mobilize the contractor on April 29th and excavate an 8-foot diameter shaft at the
location of the pavement settlement. This shaft will allow access for the contractor to fully grout
seal M-34 and properly grout the annular space of the tunnel for DSL-7R*. Current estimated
construction completion is on May P. TPW Traffic has approved the permit for traffic control.
It is beyond the capacity of Water Department.staff to perform sewer construction of this
difficulty and complexity. Therefore the Water Department has contacted Circle C Construction
to perform the work.
Waiting to bid and award a contract to perform and immediate replacement of this line is not in
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
ftom 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 construction
services. The total cost associated with this emergency is estimated to be$300,000.00.
A confirming M&C will be circulated to ratify the above activities after the work has been
performed.
APPROVED FOR EMERGENCY PROCUREMENT:
Recommended:
Chris Haider,Director,Water Dept.
Approved As To Form and Legality: Wz�
Dough i,St.Assistant City Attorney
Approved:
Cynthia Garcia,Purchasing Manager
Approved:
Jesus J. Chapa,Assistant City Manager
I
I
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.
X. -
Signature
' oG�
Name of Employee
Title
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- I
CITY SECRETARY Agreement
Page 1 of 3
CONTRACT No. 5aa75
SECTION 00 52 43
AGREEMENT FOR EMERGENCY REPAIR SERVICES
THIS AGREEMENT is made by and between The City of Fort Worth, a Texas home rule municipality acting by
and through its duly authorized City Manager, ("City"), and WILLLAM J. SCHULTZ, INC.,DB/A CIRCLE
"C" CONSTRUCTION COMPANY, a corporation authorized to 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 1.WORK
Contractor shall abandon(fill with grout)the existing 10-inch vitrified clay sanitary sewer main M-34 and fill the
annular space of the tunnel of the existing 24-inch PVC deep sewer DSL-7R* and perform additional asphalt
pavement repairs, as needed, to prevent further pavement failures and settlement in 71h St. from Commerce Street
to Houston Street.
Article 2.PROJECT
On April 23, 2019, Water Field Operations was informed of a large void underneath the pavement of 7'h St.
between Commerce Street and Main Street. Field Operations investigated the area and discovered that soil was
entering thru the previously abandoned 10-inch M-34 and also thru the annular space of the tunnel for the 24-inch
DSL-7R*. The Contractor will mobilize April 29'h and excavate an 8-foot diameter shaft at the location of the
pavement settlement. This shaft will allow access for the Contactor to finlly grout and completely abandon the
old 10-inch M-34 and properly grout the annular space of the tunnel for DSL-7R*. Current estimated
construction completion is May 3d,2019.TPW Traffic has approved the permit for traffic control.
Article 3.CONTRACT TE1'IE
Time is of the essence.
Contractor recognizes that time is of the essence,and the Contractor will be required to remain on the jobsite until
the work is completed. The City expects the Contractor to have a sense of urgency to complete the Work in a
timely manner.
Article 4. CONTRACT PRICE
City agrees to pay Contractor for performance of the Work based on Contractor's invoice an amount up to Three
Hundred Thousand Dollars($300,000,00) This figure may be amended up or down as final invoices are received.
Article 5. CONTRACT DOCUMENTS
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. Approved Invoice
b. Evidence of Current Insurance
c. Current Prevailing Wage Rate Table incorporated by reference.
3. General Conditions incorporated by reference
Emergency Agreement-Emergency Response-annular space void under 7"'Street
_2
Agreement
Page 2 of 3
Article 6.INDEMNIFICATION
6.1 Contractor 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 officers, agents, employees,
subcontractors, licenses or invitees under this contract. This indemnification provision is specifically
intended to operate and be effective even if it is alleged or proven that all or some of the damages
being sought were caused, in whole or in part, by any act, omission or negligence of the city. This
indemnity provision is intended to 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,damage 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 officers, agents, employees, subcontractors, licensees or invitees under this contract.
This indemnification provision is specifically intended to operate and be effective even if it is alleged
or proven that all or some of the damages being sought were caused, in whole or in part, by any act,
omission or negligence of the city.
Article 7.MISCELLANEOUS
7.1 Terms.
Terns 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 Contractor without
the advanced express written consent of the City.
7.3 Successors and Assigns.
City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other
party hereto,in respect to all covenants,agreements and obligations contained in the Contract Documents.
7.4 Severability.
Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a
court of competent jurisdiction shall be deemed stricken, and all remaining provisions 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 Court for the Northern District of Texas,Fort Worth
Division.
7.6 Other Provisions.
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.
Emergency Agreement-Emergency Response-annular space void under Th Street
-3
Agreement
Page 3 of 3
7.7 Authority to Sign.
Conti-actor shall attach evidence of authority to sign Agreement, if other than duly authorized signatory of
the Contractor.
IN WITNESS WHEREOF,City and Contractor have signed this Agreement in multiple counterparts. At least
one counterpart of each has been delivered to City and Contractor.
This Agreement will be effective on the date subscribed by the City's designated Assistant City Manager(which
is the Effective Date of the Agreement).
City of Fort Worth
Contractor: WILLIAM J.SCHULTZ,INC.,
D/B/A CIRCLE f°C" CONSTRUCTION
COMPANY
By:
� Jay Chapa
�By: e-�a s-j Assistant City Manager
(Signature) l
Title: President Date S � ��� `�•�='�'��.�c .
Teresa Skelly
�e (Printed Name) r
Attest:
City SV c` tary
Address: '
(Seal)
City/State/Zip: Approved as to Form and Legality:
Date
Douglas W.Black
Senior Assistant City Attorney
M&C NIA
Date N/A
APPROVAL RECOMMENDED:
l.(C
Chris Harder,P.E.
Director, Water Department
Emergency Agreement- Emergency Response-annular space void under 7a'Street
MAYOR AND COUNCIL COMMUNICATION MAP
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FORTWORTHrr �
City of Fort Worth,Texas
Mayor and Council Communication
DATE: 09/24/19 M&C FILE NUMBER: M&C 19-0200
LOG NAME: 60REMERSS52275-CIRCLEC
SUBJECT
Adopt Appropriation Ordinance in the amount of$36,825.00 to fully fund the Emergency Contract with William J.Schultz,Inc.d/b/a Circle"C"
Construction Company(CS No.52275)for Emergency Sanitary Sewer Repair Work Performed on 7th Street (COUNCIL DISTRICT 9)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water and Sewer Capital Projects Fund
in the amount of$36,825.00 from available funds;and
2. Ratify the Emergency Contract with William J.Schultz,Inc.d/b/a Circle C Construction Company,City Secretary No.52275,in the final
amount of$36,825.00 for emergency work to repair the portion of the sanitary sewer main(M-34)located on 7th Street between Commerce
Street and Main Street.(City Project No. 102292)
DISCUSSION:
The emergency work performed on 7th Street was necessary to fill a large void underneath the pavement of 7th Street between Commerce Street
and Main Street.The void was created as a result of soil material entering a previously abandoned 8-inch sanitary sewer main(M-34)and also
through the empty annular space of the tunnel of an adjacent 24-inch sanitary sewer main(DSL-7R*).
It was beyond the City's ability to perform repairs of this complexity.The Water Department engaged William J.Schultz,Inc.d/b/a Circle C
Construction Company for the emergency repair to the sanitary sewer main on 7th Street.
The attached City Manager Memo dated April 26,2019 approved the emergency work up to$300,000.00.The total construction cost was
$36,825.60,which is fair and reasonable for the work performed.
Sanitary Sewer Overflows 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 that are necessary because of unforeseen damage to
public machinery,equipment,or property.
This project was located in COUNCIL DISTRICT 9.
A Form 1295 is not required because:This M&C does not request approval of a contract with a business entity.
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 and Sewer Capital Projects Fund.The Fiscal Year 2019 Water
Operating Budget includes appropriations of$35,856,873.00 for the purpose of providing Pay-As-You-Go Funding for Sewer Capital Projects.
After this transfer for Fiscal Year 2019,the balance will be$9,205,194.00.
Appropriations for Emergency Sanitary Sewer Repair Work Performed on the 7th Street project are as depicted below:
FUND Existing Additional IlProject
Appropriations Appropriations Total*
W&S Capital Projects-$0.00 $36,825.00 $36,825.00
Fund 56002
Project Total J$0.00 $36,825.00 $36,825.00
*Numbers rounded for presentation purposes.
Submitted for City Manager's Office by: Dana Burghdoff 8018
Oriainatina Business Unit Head: Chris Harder 5020
Additional Information Contact: Tony Sholola 6054