HomeMy WebLinkAboutOrdinance 24107-04-2020 Ordinance No. 24107-04-2020
AN ORDINANCE ADJUSTING APPROPRIATIONS IN THE GENERAL CAPITAL FUND BY
DECREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE CONTRACT
STREET MAINTENANCE PROJECT IN THE AMOUNT OF$62,045.00,AND INCREASING
ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE TRAIL DRIVE EXTENSION
PROJECT, BY THE SAME AMOUNT; 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 2019-2020 in the
Budget of the City Manager, there shall also be adjusting appropriations in the General Capital Fund by
decreasing estimated receipts and appropriations in the Contract Street Maintenance Project in the amount
of$62,045.00, and increasing estimated receipts and appropriations in the Trail Drive Extension Project,
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 orjudgment 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 23835-09-2019 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said prior ordinances and appropriations are hereby expressly repealed.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
DBlack(Ju�020: CDT)
Sr.Assistant City Attorney Mary J. Kayser
ADOPTED AND EFFECTIVE:April 7. 2020
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City of Fort Worth,Texas
Mayor and Council Communication
DATE: 04/07/20 M&C FILE NUMBER: M&C 20-0238
LOG NAME: 20TRAIL DRIVE DISPUTE RESOLUTION
SUBJECT
Authorize A Settlement with Event Facilities Fort Worth, Inc.for Costs Related to Landscaping and Irrigation Repairs on Trail Drive in a Total
Amount of$124,091.00,Adopt Appropriation Ordinance in the Amount of$62,045.00,Approve a Reduction From Available Credit in an Amount
of$62,046.00 and Update the FY2020-2024 Capital Improvement Plan(COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize a settlement in the amount of$124,091.00 with Event Facilities Fort Worth,Inc.for landscape and irrigation work funded by Event
Facilities Fort Worth, Inc.on the medians and parkways on Trail Drive;
2. Authorize the credit deduction of funds owed the City per City Secretary Contract(CSC)No.45622-EX in the amount of$62,046.00;
3. Adopt the attached appropriation ordinance to adjust the receipts and appropriations in the General Capital Projects Fund by decreasing
receipts and appropriations in the Contract Street Maintenance programmable project(City Project No. P00020)in the amount of
$62,045.00 and increasing receipts and appropriations in the Trail Drive Extension project(City Project No. 100742)by the same amount;
4. Authorize the payment of$62,045.00 to Event Facilities Fort Worth, Inc.;and
5. Find that the payment and credit in the amount of$124,091.00 is being made for work completed which serves a public purpose with
improvements made on public roads and right-of ways within and adjacent to Trail Drive.
DISCUSSION:
The purpose of this Mayor and Council Communication is to authorize payment to Event Facilities Fort Worth, Inc.(EFFW)for landscaping and
irrigation systems repair work conducted by Dennett Construction Company in the street median and parkways along Trail Drive in October 2019.
EFFW has rendered payment in full to Dennett Construction Company for the work done and has requested the City of Fort Worth reimburse
EFFW in the amount of$124,091.00.The City acknowledges that EFFW has paid the full amount to Dennett Construction.
On October 11,2019 representatives of EFFW,the FW Stock Show& Rodeo,Beck Construction,Dennett Construction and Park and Recreation
and Public Events departments met onsite to review landscape and irrigation systems damages on Trail Drive east of Montgomery Street.
The purpose of the meeting was to set an action plan to reestablish plantings to pre-existing conditions in preparation for the Dickies Arena
Dedication on Saturday October 26,2019. Because time was of the essence,an oral good faith agreement was made by representatives of
EFFW and the City to have Dennett Construction obtain scope and costs for the landscape and irrigation systems repairs.EFFW agreed to pay
for the work with the expectation that the City would reimburse EFFW. The payment to Dennett Construction Company was made in good faith by
EFFW based on the October 11 onsite review of the landscape and irrigation systems and the agreed upon expedited plan of action to reestablish
the landscaping in preparation for the Dickies Arena Dedication on Saturday October 26.
The final cost of the completed work in the amount of$124,091.00 was paid by EFFW. The City and EFFW have agreed that expenses incurred
by EFFW in the amount of$124,091.00 is accurate;landscape installation and irrigation repairs were made on public land;and the landscaping
and irrigation serve a public purpose.
The total amount of$124,091.00 will be paid to EFFW as follows:
1. $62,045.00 will be a cash payment.
2. $62,046.00 will be in the form of a credit deduction to CSC No.45622-EX.
As noted in M&C 20-0089,the balance of the credit as of February 18,2020 was$258,076.30. Following this reduction,the balance of the credit
due to the city stands at$196,030.30.
Funding for this project was not included in the FY2020-2024 Capital Improvement Plan due to the project being scheduled to be completed in FY
2019. The additional funding for this project was initially appropriated for pay-as-you-go maintenance funding for Street Maintenance. However
this appropriation will not defer any Street Maintenance funds as available residuals are being used to fund this project. The action in this M&C will
update the FY2020-2024 Capital Improvement Plan.
Trail Drive Extension-100742
Fund Existing Additional Project Total
Funding 11 Funding
General Capital Projects-30100 $1,382,552.00 $62,045.00 $1,444,597.00
$2,800,000.00 $2,800,000.00
Intergovernmental Contribution-30106 F
$3,000,000.00 $3,000,000.00
TaxNote2017-34017
$228,500.00 $228,500.00
W&S Capital Projects-56002
Grand Total $7,411,062.00 $62,046.00 $7,473,097.00
This project is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance,funds
will be available in the current capital budget,as appropriated,of the General Capital Projects Fund Contract Street Maintenance programmable
project.Prior to an expenditure being incurred,the Transportation&Public Works Department has the responsibility to validate the availability of
funds.
Submitted for City Manager's Office by: Dana Burghdoff 8018
Originating Business Unit Head: William Johnson 7801
Richard Zavala 5711
Additional Information Contact: Monty Hall 8662
Andrea Wright 2502