HomeMy WebLinkAboutOrdinance 11553ORDINANCE NO I ~~J ~
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE STREET IMPROVEMENTS FUND IN
THE AMOUNT OF $275,000.00 FOR THE PURPOSE OF FUNDING A
CHANGE ORDER TO THE CONTRACT WITH HUMPHREY AND
MORTON CONSTRUCTION COMPANY, INC., PROVIDING FOR A
SEVERABILITY CLAUSE, MAKING THIS ORDINANCE
CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL
PRIOR 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 the Fiscal Year
1993-94 and in the Budget of the City Manager, there shall also be increased estimated receipts and
appropriations in the Street Improvements Fund in the amount of $275,000.00 for the purpose of funding
a change order to the contract with Humphrey and Morton Construction Company, Inc., for Sunset
Heights Improvements -Railroad Culvert Construction.
SECTION 2.
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 No 11379 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provisions of said prior ordinances and appropriations are hereby expressly repealed.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 and be in full force and effect from and after the date of its passage,
and it is so ordained.
APPROVED AS TO FORM AND LEGALITY
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City Attorney
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Date
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Adopted
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Effective
City of Fort Worth, Texas
Mayor and Council Communication
DATE RRFER8NC8 LOG NAME PAGB
N~~R C-14271
04/19/94 30SUNSET 1 of 2
sus,~cT PROPOSED CHANGE ORDER NO 4 WITH HUMPHREY AND MORTON
CONSTRUCTION COMPANY, INC ,FOR SUNSET HEIGHTS IMPROVEMENTS-
RAILROAD CULVERT CONSTRUCTION
RECOMMENDATION
It is recommended that the City Council
1 Adopt the attached appropriations ordinance increasing estimated receipts and
appropriations in the Capital Reserve Fund by 5275,000 00 from increased revenue, and
2 Approve a fund transfer in the- amount of 5275,000 00 from the Capital Project Reserve
Fund-to the Sunset Heights Railroad Culvert Project in the Street Improvements Fund, and
3 Adopt the attached appropriations ordinance increasing estimated receipts and
appropriations in the Street Improvements Fund by 5275,000 00 from increased revenue,
and
4 Approve Change Order No 4 in the amount of 5325,000 00 with Humphrey and Morton
Construction Company, Inc , to provide for additional work as outlined in the "Partnering
Agreement" increasing the total contract amount to 52,177,088 56
DISCUSSION
On June 11, 1991, the City Council awarded a contract to Humphrey & Morton Construction
Company, Inc , in the amount of 51,814,228 11 for the Sunset Heights Floodway Improvements
project This project consists of drainage channel improvements and the construction of a tunnel
underneath the Union Pacific Railroad Centennial Yards The construction contact has been
amended three times, for construction quantity adjustments and for additional work requested
by The Streams and Valleys Commission, so that it currently stands at 51,852,088,56
During the construction process the Contractor was unable to keep a portion of the tunnel from
caving into the tunnel section due to highly saturated soil conditions which caused substantial
deformation of approximately 116 ft of tunnel The City's Design Engineer, Rady & Associates,
has recommended that the tunnel be strengthened by adding soilcrete support arches in the
deformed section using a "Jet Grouting" technique at an estimated cost of 5340,750 00
The Contractor has alleged that the soil conditions of the site were not as anticipated Staff
recommends that the City ratify the "Partnering Agreement" worked out by staff with all the
parties involved in order to correct the affected tunnel section The essential elements of the
agreement, which is attached to and is an integral part of the Change Order, are as follows
(~1) Humphrey & Morton agrees to contract with Haywood-Baker, Inc to perform the Jet
Grouting at a cost of 5340,.750 00 In addition, Humphrey & Morton agrees to
provide support services to Haywood-Baker which are valued at 564,000,00 They
also agree to waive claims for costs they estimate at 5330,000 00 for previous
` unsuccessful efforts to correct the tunnel deformation
Printed on recycled paper
City of Fort Worth, Texas
Mayor and Coun~~l Cammnunication
DATE RBFBRBNCB .LOG NAME PAGS
04/19/94 N>~l~R C-14271
30SUNSET
2 of 2
svs~cT PROPOSED CHANGE ORDER NO 4 WITH HUMPHREY AND MORTON
CONSTRUCTION COMPANY, INC ,FOR SUNSET HEIGHTS IMPROVEMENTS-
RAILROAD CULVERT CONSTRUCTION
(2) The City of Ft Worth agrees to process a Change Order in the amount of
53'25,000 00 for the additional scope of work to be funded as follows City of Fort
Worth-5275,000 00, Contech(tunnel liner supplier)-535,000 00, Rady & Associates-
515,000 00
In addition, the City agrees to delete the requirement to place a concrete floor valued
at 58,750 00 in the tunnel, and to waive liquidated damages providing the work is
completed expeditiously and to the satisfaction of the City The City would also
waive claims for additional Inspection expenses
(3) Other "partners" agree to provide unpriced but valuable services as follows
a Union Pacific Railroad-Flagmen for rework at no charge
b Rone Engineers-Geotechnical services at no charge
c Rady &Associates-Owners Representation Engineering Services at no charge
d Humphrey &Morton-Tunnel bracing and shoring during construction at no
charge
Staff is confident that the partnering proposal outlined above will result in resolution of the
construction problem and will eliminate protracted litigation with numerous parties regarding this
project
FISCAL INFORMATION/CERTIFICATION
The Director of Fiscal Services certifies that, upon adoption of the attached appropriations
ordinances and approval and completion of recommendation 2, funds required for this change
order will be available in the current capital budget of the Street Improvements Fund The cash
balance in the Capital Projects Reserve Fund, Unspecified, will be 51,763,578 00, after this
transfer
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