HomeMy WebLinkAbout(0152) Memorandum.pdfORT WORTH.,
MEMORANDUM
Date: June 20, 2019
From: Chris Harder, P.E., Water Director
Via: Doug Black, Sr. Assistant City Attorney
Cynthia Garcia, P �'--- -�"`� �-r«�O'
To: Jesus Chapa, Assistant City Manager
RE: SUPPLEMENT TO APRIL 25, 2019 MEMORANDUM AND CITY SECRETARY
CONTRACT NO. 52264 RE: EMERGENCY REPAIRS — UPPER CLEAR FORK
SEWER M-439*
This memorandum is to supplement the April 25, 2019 emergency memorandum — resulting in City
Secretary Contract No. 52264 with Conatser Construction TX, LP ("Conatser") for emergency services to
reroute the cracked leaking segment of sewer main M-238 from an inaccessible location at the bottom of a
tributary creek of the Trinity River to a location further away from the creels edge. The existing alignment
of the 30-inch main at the edge of the creek has been continuously eroded over the years and is now exposed
which possibly caused a hole to form in the pipe.
To expedite the reroute, staff recommends that City Secretary Contract No. 52264 be revised to allow
Conatser to do the work. It is anticipated that the additional work may cost up to $700,000.00
A change order will be processed to the existing contract with Conatser and actual costs will be reconciled
at the end of the project.
APPROVED FOA EMERGENCY PROCUREMENT:
Recommended:
Approved as to from and Legality:
Approve:
Approve:
6-7 ..L
Chris Harder, Water Department
e
Douglas W ,plack, Sr. Assistant City Attorney
Cy
Jesus J. Chapa, Assistant City
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CITY SECRETARY
FORT WORTH City of Fort Worth CONTRACTNO.5aPbq-Ql
Change Order Request
Project Name: Emergency Response - Upper Clear Fork Sanitary Sewer M439' City Sec No.: 52264
Project No.(s): Emerency Reroute of a leaking sewer main DOE No. N/A City Proj, No,: N/A
Project Description:
Emergency Reroute of a cracked and leaking sewer main
Contractor: Conalser Construction TX, LP Change Order # 0 Date: 6/28/2019
City Project Mgr.1 John Kasavich City Inspector: I David Johnson
Phone Number: 817-392-8480 Phone Number: 817-392-8455
Dept, I Sewer Unit 1
Original Contract Amount $400,000.01
Extras to Date
Credits to Date
Pending Change Orders (in M&C Process)
Contract Cost to Date $400.000.00
Revised Contract Amount $1,100,000.00
Original Funds Available for Change Orders
Remaining Funds Available for this CO
Additional Funding (if necessary) $700,000.00
Sewer Unit 2 I Sewer Unit 3 I Totals I Contract Time
(Calender days)
$400,000.00
$700,000.00
CHANGE ORDERS to DATE (INCLUDING THIS ONE) AS % OF ORIGINAL CONTRACT 1 175,00%
MAXALLOWABLE CONTRACT AMOUNT (ORIGINAL CONTRACT COST + 25%) 1$500,000.00
JUSTIFICATION (REASONS) FOR CHANGE ORDER
This Change Order authorized by the attached memorandum of June 19, 2019 which supplemented the
April 25, 2019 emergency memorandum- resulting in City Secretary Contract No. 52264 with Conatser
Construction TX, LP for emergency services to replace 40 feet of defective 36-inch sanitary sewer main
M-349* locatedin Trinity Park.
The change order will provide for emergency rerouting of the cracked leaking segmentof sewer main M-
238 from an inacessible location at the bottom of a tributary creek of the Trinity River to a location
further away from the creek edge.
r
Atested h ;
Mary J. k*S6r;'1CKy Secretazy
It is unriprstnnd and eareed that the accentanrp of this Channp Ordpr by fha an acrord and sati-facfinn nnrd rpnrpspnts navmpnf
in full (both time and money) for all costs arising out of, or incidental to, the above Change Order.
Contractor's Company Name
Contractor Name
Contractor i nature
Date
Conalser Construction TX, LP
Jesse Martinez
,2 --
Ins for
Date
Project Manager
Date
Ga
u
7 t
Dir ctor (Water Dep
Date
Co struction Supervisor (Water Dept)
Date
Assistant t Attorney
Date
As istant City Manager
Date
Council Action (If Required `
M&C Number N/A n �,� �vLeoa�D M&C Date Approved A
FORT VVox-r" City of Fort Worth
Change Order Additions
Project Name Emergency Response -Upper Clear Fork Sanitary Sewer M439* City Sec No.; 52264
Project No.(s): Emerency Reroute of a leaking sewer main DOE No. N/A City Proj. No.: I N/A
Project
Description
Emergency Reroute of a cracked and leaking sewer main
Contractor Conatser Construction TX, LP Change Order: 0 Date: 6/28/2019
City Project Mgr. John Kasavich City Inspector David Johnson
ADDITIONS
Fa RT VV" a City of Fort Worth
Change Order Deletions
Project Name Emergency Response- Upper Clear Fork Sanitary Sewer M439` City Sec No.: 52264
Project No.(s): Emerency Reroute of a leaking sewer main DOE No. N/A City Proj. No.: I N/A
Project Description
Emergency Reroute of a cracked and leaking sewer main
Contractor Conatser Construction TX, LP Change Order: EEI Date 6/28/2019
City Project Mgr, John Kasavich City Inspector: FDavid Johnson
DELETIONS
Breakdown for this Cha
Previous Change Orders
Order
Page 4 of 4
Contract Compliance Manager
By signing I aclmowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
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Signature
h
Name of Employee
C4, d�-c,r
Title
9226 �4
INTEROFFICE MEMO
DATE: APRIL 25, 2019
TO: JESUS CHAPA, ASSISTANT CITY MANAGER
DOUG BLACK, SR. ASSISTANT CITY ATTORNEY
FROM: CHRIS HARDER, WATER DIRECTOR
SUBJECT: EMERGENCY REPAIRS — UPPER CLEAR FORK SEWER LINE (M-
439X)
On April 24th, Water Field Operations was called to investigate a 5 ft. diameter sinkhole,
approximately 8 ft. deep, located south of the W. 7" St./Harold St. intersection, in Trinity Park.
The sinkhole is located over the existing 36-inch siphon on M-439* which crosses under the
existing 72-inch raw water main to North Holly Water Treatment Plant.
It is estimated that up to 40 LF of the existing 36-inch ductile iron pipe will be replaced with new
36-inch ductile iron pipe as part of the emergency response. Bypass pumping of the wastewater
flow shall be performed in order to replace the existing pipe.
The repair locations are shown in detail on the attached plans.
It is beyond the capacity of Water Department staff to perform repairs of this size and length.
Therefore, the Water Department has contracted Conatser Construction TX, L.P. to perform the
pipe replacement and related bypass pumping.
Waiting to bid and award a contract to replace the damaged sewer line is not in the best interest
of the health and safety of the citizens of the City of Fort Worth. Chapter 2, Article I, Section 2-9
of the c,ity'f Code w. Ordinances and Section 252.022 of the Local Government Code exempt
From normal bidding requirements expenditures that are necessary to preserve or protect public
health or safety of the rmwicipality'- Yesidents; and procurements necessary because of
unforeseen damage to public machinery, equipment, of pwpejiq.
This memo is submitted to request authorization for emergency procurment of construction
services provided by Conatser Construction TX, L.P.. The total cost associated with this
emergency is estimated to be $400,000.
An M&C will be circulated to ratify the emergency contract after the work has been performed.
APPROVED FOR EMERGENCY PROCUREMENT:
Recointnended: �j(
Chris Haider, Director, Water Dept.
Approved As To Four and Legality. W��_
Douglas W Black, St. Assistant City Attorney
Approved:
Cynthia Garcia, Purchasing Manager
Approved:
7t2���
Jesus J. Chapa, Assistant City IVlanager
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
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Agreement
1,4AY - 7 2019 CITY SECRETARY Page r of 3
f!fY or FORT WORTH CONTRACT No. 5aa�
Ct(Y SECRETARY
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 municipality acting by
5 and through its duly_ authorized City Manager, ("City"), and Conatser Construction TX, LP, a corporation
6 authorized to do business in Texas, acting by and through its duly authorized representative ("Contractor"). City
7 and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:
8 Article 1. WORK
9 Contractor shall replace approximately 40 linear feet of defective 36-inch sanitary sewer main (M-349*) with 36-
10 inch ductile iron pipe, which will connect directly to the existing ductile iron siphon main.
11 Article 2. PROJECT
12
13 On April 24, 2019, Water Field Operations was called to investigate a 5 ft. diameter sinkhole, approximately 8 ft.
1-t ,;Cem located south of the W 7'h St./Harrold St. intersection, in Trinity Park. The sinkhole is located over the
15 existing 36-inch siphon on M-41)-� which crosses under the existing 72-inch raw water main to North Holly
16 Water Treatment Plant.
17 It is estimated that up to 40 LF of the existing 36-incii ductile iron pipe will be replaced with new 36-inch ductile
18 iron pipe as part of the emerges-y --nonse. Bypass pumping of the wastewater flow shall be performed in order
9 to replace the a;;l;n, pipe. It is beyond the City's ai;.c ;' to perform repairs of this size and length.
20 Article 3. CONTRACT TEN4E
21 3.1 Time is of the essence.
22 Contractor recognizes that time is of the essence, and the Contactor will be required to remain on riiv j -. site, until
23 the 36-inch sanitary sewer main is repaired and sewer service is restored. The City expects the Contractul to have
24 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 Four
28 Hundred Thousand Dollars ($400 000 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 Contact 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.
,8 3. General Conditions incorporated by reference
39
_2
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
51 officers, servants and employees, from and against any and all loss, damage or destruction of property
52 of the city, arising out of, or alleged to arise out of, the work and services to be performed by the
53 contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract.
54 This indemnification provision is specifically intended to operate and be effective even if it is alleged
55 or proven that all or some of the damages being sought were caused, in whole or in part, by any act,
56 omission or negligence of the city.
57
58 Article 7. NUSCELLANEOUS
rig 7.1 Terms.
10
Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the
61
meanings indicated in the General Conditions.
62
7.2
Assignment of Contract.
6q
This Agreement, including all of the Contract Documents may not be assigned by the Contractor without
64
the advanced express written corsPnt of the City.
65
7.3
Successors and Assigns.
66
City and Contractor each binds itself, its partners, successors, asses and legal representatives to the other
67
party hereto, in respect to all covenants, agreements and obligations ewital"Od in tr,- Contract Documents.
68
7.4
Severability.
69
Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a
70
court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be
71
valid and binding upon CITY and CONTRACTOR.
72
7.5
Governing Law and Venue.
73
This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shall
74
be Tarrant County, Texas, or the United States District Court for the Northern District of Texas, Fort Worth
75
Division.
76
7.6
Other Provisions.
77
The Contractor agrees to pay at least minimum wage per hour for all labor as the same is classified,
78
promulgated and set out by the City.
wt
89
90
91
92
93
94
95
96
97
98
-3
Agreement
Page 3 of 3
7.7 Authority to Sign.
Contractor shall attach evidence of authority to sign Agreement, if other than duty 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 last date subscribed by a signatory (which is the Effective Date of the
Agreement).
y City of Fo - th
Contractor: SIC<l r�=' ��'�' 7 �� ✓� j� D•9 D X (f>
Jay Chapa
By: L z Assistant City Manager
(Signatm )
Title:
c
Yt fayesr
(Printed Name)
Address:
Date f
Attest:
(Seal)
C Approv,u ?s to Form and Legality:
Date
Douglas W. Black
Senior Assistant City Attorney
M&C
Date
APPROVAL RECOMMENDED:
I '�i ac
Chris Harder, P.E.
Director, Water Department
200 Texas St. Fort Worth, TX-76102