CC MEETING: March 19, 2024
DATE: March 13, 2024
TO: Erin Rinehart, City Manager
FROM: Jonathan Wheat, Director of Engineering
Marc Guy, Assistant City Manager
Title
Consider Authorizing The City Manager To Approve A Contract With Keller North America, Inc. For The Emergency Repairs To The Mustang Park HOA Retaining Wall And Public Infrastructure Damaged By The Retaining Wall In An Amount Not To Exceed $2,555,729.25.
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BACKGROUND:
Mustang Park is a subdivision in northeast Carrollton that was constructed in 2014. Since its construction, it has experienced chronic drainage and pavement issues at the intersection of Sky Lane and Stallion Street. The issues experienced at that intersection have included pavement failure, pavement sub-base erosion, pooling of drainage water, soil shrinkage along the back of the street curb and scouring under the adjacent sidewalk and trail. These issues were initially addressed through a maintenance bond in 2016. However, that effort did not entirely resolve the issue.
On October 26, 2023, the Property Standards Board determined that the retaining wall located at 2499 Vaquero Lane, near the intersection of Stallion Street and Sky Lane, is in disrepair, is a hazard to the public health, safety and welfare, and is a substandard structure. The Board gave the property owner, Mustang Park HOA, thirty days to repair the wall, in accordance with state law and the City's ordinances. During the Board hearing, the HOA's attorney stated that the HOA could not afford to repair the wall and had sued the developer. The HOA further stated that, absent settlement with the developer, they could not repair the wall within thirty days.
Section 252.022(a)(2) of the Texas Local Government Code provides an exemption from the requirement to competitively bid a public expenditure if "the procurement is necessary to preserve or protect the public health or safety of the municipality's residents". The retaining wall has slid further due to ...
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