HomeMy WebLinkAboutOrdinance 25240-12-2021 ORDINANCE NO. 25240-12-2021
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS
IN THE GENERAL CAPITAL PROJECTS FUND, IN THE AMOUNT OF
$335,000.00, FROM AVAILABLE FUNDS, FOR THE PURPOSE OF FUNDING
THE RECURRING FACILITY MAINTENANCE AND REPAIRS
PROGRAMMABLE PROJECT(CITY PROJECT NO. P00049)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 2021-2022 in the
Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the
General Capital Projects Fund in the amount of$335,000.00,from available funds,for the purpose of funding
the Recurring Facility Maintenance and Repairs programmable(City Project No.P00049).
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 shallbe and remain in full force and effect.
SECTION 3.
That this ordinance shall be incorporated into the ordinance effecting the budget of the municipal government
of the City of Fort Worth for the ensuing Fiscal Year beginning October 1, 2021, and ending September
30,2022, 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repealed.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
ette S.Goodall(Dec 17,2021 15 CST)
Assistant City Attorney Jannette S. Goodall
FO,4T
ADOPTED AND EFFECTIVE: December 14, 2021 (j ';
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MAYOR AND COUNCIL COMMUNICATION MAP
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Copyright 2021 City of Fort Worth. Unauthorized reproduction is a violation of applicable laws. This product is for
informational purposes and may not have been prepared for or be suitable for legal, engineering,or surveying purposes.
It does not represent an on-the-ground survey and represents only the approximate relative location of property
boundaries. The City of Fort Worth takes no responsibility for the accuracy of said data.
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 12/14/21 M&C FILE NUMBER: M&C 21-0982
LOG NAME: 21 HAZEL HARVEY PEACE CENTER FLOOR REPAIR
SUBJECT
(CD 8)Authorize the Execution of a Settlement Agreement with Imperial Construction, Inc.to Settle All Claims Regarding Foundation Issues at
Hazel Harvey Peace Center,Authorize Execution of a Construction Contract with Imperial Construction,Inc.,in an Amount Not to Exceed
$335,000.00,for Floor Repairs to the Hazel Harvey Peace Center;Adopt Attached Appropriation Ordinance and Amend the Fiscal Years 2022-
2026 Capital Improvement Program
RECOMMENDATION:
It is recommended that the City Council:
1.Authorize execution of a settlement agreement with Imperial Construction, Inc.to settle all claims associated with foundation issues at the Hazel
Harvey Peace Center;
2.Authorize execution of a construction contract with Imperial Construction,Inc.,in an amount not to exceed$335,000.00 for floor repairs at the
Hazel Harvey Peace Center;
3.Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the General Capital Projects Fund in the
amount of$335,000.00,from available funds,for the purpose of funding the Recurring Facility Maintenance and Repairs Programmable Project
(City Project No. P00049),and
4.Amend the Fiscal Years 2022-2026 Capital Improvement Program.
DISCUSSION:
The Hazel Harvey Peace Center was constructed by Imperial Construction, Inc.("Imperial")in 2009. In the following years the main lobby area
developed cracking and buckling of the floor.The City hired Renate L.Woods, P.E.to conduct a structural review of the Hazel Harvey Peace
Center. Renate L.Woods found that improperly placed or failed carton forms used in pouring the foundation caused the foundation defects.
Further,they recommended replacement and repairs of the foundation defects.The City determined that the replacement and repairs will cost
approximately$335,000.00.
Imperial worked closely with the City in our efforts to discover the cause of this problem and find a repair.They have been a partner in working with
their insurance company to reach this negotiated settlement.The Settlement Agreement requires a transfer to the City,of$335,000.00 from
Imperial's insurance company and in exchange the City will sign a construction contract for the same amount for Imperial to do the remediation
work at the Hazel Harvey Peace Center.
City staff is confident that Imperial will be able to address the foundation issues successfully as they have completed a number of projects for the
City,including the Meacham Terminal building,to City staffs full satisfaction.
Funding: Funding for this project was not included in the FY2022-2026 Capital Improvement Program.This project is the result of a latent
construction defect discovered years after the completion of the project.This action in this M&C will amend the FY2022-2026 Capital Improvement
Program as approved in connection with Ordinance 24446-09-2020.
Permit Fees: In accordance with the City Code of Ordinances, Part II,Chapter 7-1 Fort Worth Building Administrative Code,Section 109.2.1,
Exception 2;'Worts by non-City personnel on property under the control of the City of Fort Worth shall be exempt from the permit fees only if the
work is for action under a contract that will be or has been approved by City Council with notes in the contract packages stating the fee is waived."
Diversity and Inclusion: Imperial Construction, Inc.is in compliance with the City's Business Equity Ordinance by committing to 29%Business
Equity participation on this project.
The Hazel Harvey Peace Center is located in COUNCIL DISTRICT 8.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds will be available in the current capital budget,as appropriated,of the General Capital Projects
Fund. Prior to an expenditure being incurred,the Property Management Department has the responsibility to validate the availability of funds.
Submitted for City Manager's Office by: Dana Burghdoff 8018
Originating Business Unit Head: Steve Cooke 5134
Additional Information Contact: Brian Glass 8088