HomeMy WebLinkAboutOrdinance 25045-09-2021 ORDINANCE NO. 25045-09-2021
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE WATER AND SEWER CAPITAL PROJECTS FUND
IN THE AMOUNT OF $2,879,154.00, FROM AVAILABLE FUNDS, FOR THE NE
28TH STREET WATER AND SANITARY SEWER MAIN REPLACEMENT
PROJECT (CITY PROJECT NO. 102735), 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 2020-2021 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$2,879,154.00,from available funds,for the NE 28`h Street
Water and Sanitary Sewer Main Replacement project(City Project No. 102735)by the same amount.
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 24446-09-2020 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said prior ordinances and appropriations are hereby expressly repealed.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: CITY SECRETARY
6eclov, A..'P Ct'
DBlack(Sep 17,202116:46 CDT)
Douglas W Black Ronald P.Gonzales
Sr Assistant City Attorney Acting City Secretary
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City of Fort Worth,Texas
Mayor and Council Communication
DATE: 09/14/21 M&C FILE NUMBER: M&C 21-0688
LOG NAME: 60RATIFY NE28THST EMER REPAIR-KHA-CIRCLEC
SUBJECT
(CD 4 and CD 9) Ratify Emergency Contracts with Kimley-Horn and Associates,Incorporated and William J.Schultz, Incorporated DBA Circle C
Construction Company in the Final Amounts of$212,745.00 and$2,666,679.00, Respectively,for Emergency Water and Sanitary Sewer Main
Replacement Work on North East 28th Street from Union Pacific Railroad Right-of-Way to Bonnie Brae Avenue and Adopt Attached Appropriation
Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Ratify City Secretary Contract No.54532,an emergency agreement with Kimley-Horn and Associates,Incorporated in the amount of
$212,745.00 and City Secretary Contract No.54533,an emergency agreement William J.Schultz, Incorporated DBA Circle C Construction
Company in the amount of$2,666,678.70 both for emergency water and sanitary sewer main replacement work on North East 28th Street
from Union Pacific right-of-way to Bonnie Brae Avenue;and
2. Adopt the attached appropriation ordinance increasing receipts and appropriations in the Water&Sewer Capital Projects Fund in the total
amount of$2,879,154.00,from available funds,for the North East 28th Street Water and Sanitary Sewer Main Replacement project(City
Project No. 102735).
DISCUSSION:
On September 4,2020,Water Field Operations responded to a sanitary sewer overflow(SSO)on sewer lateral L-3021 located on North
East(NE)28th Street west of Bonnie Brae Avenue.A follow up investigation revealed that a Texas Department of Transportation(TXDOT)
contractor had inadvertently poured concrete into the manhole while adjusting a sanitary sewer manhole at the NE 28th Street and Williams Place
intersection prior to repaving NE 28th Street.The concrete flowed through L-3021 and into other connecting sewer laterals,thereby significantly
reducing their capacity and causing the SSO.The SSO was temporarily stopped and flow was partially restored by Water Field Operations staff.
Staff reported the SSO to Texas Commission of Environmental Quality(TCEQ)in accordance with regulatory requirements.
Under an emergency authorization memorandum of September 21,2020,William J.Schultz, Inc.dba Circle C Construction Company(Circle C)
was engaged for the replacement of the sanitary sewer mains(City Secretary Contract No.54533)with emergency engineering/design performed
by Kimley-Horn and Associates, Inc. (KHA)under City Secretary Contract No.54532.To facilitate the repairs,certain water mains within the
project limits were also required to be relocated.Contract 54533 was subsequently revised by two change orders that provided for increased and
additional work scope.The total cost for both of these contracts was$2,879,153.70,which is fair and reasonable for the work performed. Upon
ratification of these contracts,staff will close them out.
Section 252.022 of the Local Government Code exempts from normal bidding requirements 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.
Appropriations for emergency repair contracts 54532 and 54533 are depicted below:
Existing Additional
Fund Appropriations Appropriations ; Project Total*
W&S Capital
Projects-Fund $0.00 $2,879,154.00`$2,879,154.00
56002
Project Total $0.00 $2,879,154.00 $2,879,154.O
*Numbers rounded for presentation purposes.
This project was located in COUNCIL DISTRICTS 4 and 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 funds are currently available in the Unspecified-All Funds within the W&S Capital Projects Fund and upon
approval of the above recommendation and adoption of the attached appropriation ordinance,funds will be available in the W&S Capital Projects
Fund for the 28th St.Water&SS Main REPL project. Prior to an expenditure being incurred,the Water Department has the responsibility of
verifying the availability of funds.
Submitted for City Manager's Office by: Dana Burghdoff 8018
Originating Business Unit Head: Chris Harder 5020
Additional Information Contact: Leon Wilson 2387