HomeMy WebLinkAboutOrdinance 26045-03-2023ORDINANCE NO. 26045-03-223
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE WATER AND SEWER CAPITAL PROJECTS FUND
IN THE AMOUNT OF $174,912.79, TRANSFERRED FROM AVAILABLE FUNDS
IN THE WATER AND SEWER FUND, FOR THE PURPOSE OF FUNDING
EMERGENCY PAVING RATIFY TEXAS BIT PROJECT (CITY PROJECT NO.
104276); 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 2022-2023 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 $174,912.79, transferred from available funds in the Water
and Sewer Fund, for the purpose of funding the Emergency Paving Ratify Texas Bit project (City Project No.
104276).
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 25773-09-2022 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said prior ordinances and appropriations are hereby expressly repealed.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
Jannette S. Goodall
Assistant City Attorney City Secretary
ADOPTED AND EFFECTIVE: March 21, 2023
zi
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 03/21/23 M&C FILE NUMBER: M&C 23-0199
LOG NAME: 60RATIFY 2022SUMMER EMERWMP REPAIR-JACKSON-TEXASBIT
SUBJECT
(ALL) Ratify Emergency Contracts with Jackson Construction, Ltd., and Texas Material Group, Inc. dba Texas Bit in the Final Amounts of
$444,330.48 and $921,637.21 Respectively for Emergency Pavement Repair Work Subsequent to Water Main Repair Performed for the Summer
2022 Heat Wave Weather Event and Adopt Appropriation Ordinance to Effect a Portion of Water's Contribution to the Fiscal Years 2023-2027
Capital Improvement Program
RECOMMENDATION:
It is recommended that the City Council:
Ratify emergency agreements with Jackson Construction, Ltd. — City Secretary Contract No. 57890, in the amount of $444,330.48 and
Texas Materials Group, Inc. dba Texas Bit — City Secretary Contract No. 57889, in the amount of $921,637.21 for emergency pavement
repair work performed for the Summer 2022 Heat Wave weather event; and
Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water and Sewer Capital Projects
Fund in the amount of $174,912.79 transferred from available funds within the Water and Sewer Fund for the purpose of funding the
Emergency Paving Ratify Texas Bit project (City Project No. 104276) and to effect a portion of Water's contribution to the Fiscal Years 2023-
2027 Capital Improvement Program.
DISCUSSION:
The emergency work provided for pavement repairs in areas where emergency water main breaks attributable to the Summer 2022 Heat Wave
were conducted. It was beyond the City's ability as well as those of on -call emergency contractors to handle the volume of pavement repairs
required following the water main break repairs. Using emergency contracting procedures, the Water Department engaged Jackson Construction,
Ltd. (City Project No. 104275) and Texas Materials Group, Inc. dba TexasBit (City Project No. 104276) each in the amount of $750,000.00 to
assist with the pavement repairs subsequent to water main repairs.
On September 27, 2022, Mayor and Council Communication (M&C) 22-0769 the City Council adopted an appropriation ordinance increasing
estimated receipts and appropriations in the Water and Sewer Capital Projects Fund in the amount of $1,500,000.00, transferred from available
funds within the Water and Sewer Fund, for the purpose of funding the Emergency Pavement Repair Work Subsequent to Water Main Repair
Performed for the Summer 2022 Heat Wave weather event. City Secretary Contract No. 57889 was subsequently revised by Change Order No. 1
in the amount of $174,912.79 via attached December 6, 2022 supplemental memorandum to the original contract for a revised contract amount of
$924,912.79.
The total construction cost for these two contracts is $1,365,967.69, which is fair and reasonable for the work performed. Upon ratification of these
contracts, staff will close them out.
It is the practice of the Water Department to appropriate its CIP plan throughout the fiscal year, instead of within the annual budget ordinance, as
projects commence, additional funding needs are identified, and to comply with bond covenants. The actions in the M&C will appropriate funds in
support of the Water's portion of the City of Fort Worth's Fiscal Years 2023-2027 Capital Improvement Program, as follows:
FY2023 CIP
Budget Change
Revised FY2023
Capital Fund Name
Project Name
Appropriations
Authority
(Increase/Decrease)
Budget
56002 - W&S Capital Projects
104276 - Emer Pav Ratify
$O.00
This M&CE:�
74,912.79i
$174,912.79j
Fund
TxBit
_ J
Funding is budgeted in the Transfer to Water/Sewer account of the Water and Sewer operating budget for the purpose of funding the Emer Pav
Ratify TxBit project within the Water & Sewer Capital Projects Fund.
Appropriations for Emer Pav Ratify TxBit project are as depicted below:
j Fund IlExisting Appropriationsl Additional Appropriations Project Total*
j W&S Capital Projects - Fund 56002
1 $750,000.00
C _ $174 912.7911
$924,912.79
Total Project
$750,000_00;[__—
$174,912.79j
$924,912.79
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.
These projects are located in ALL COUNCIL DISTRICTS.
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 Water & Sewer Fund and upon approval of the above recommendations
and adoption of the attached appropriation ordinance, funds will be available in the W&S Capital Projects Fund for the Emer Pav Ratify
TxBit project. Prior to any expenditure being incurred, the Water Department has the responsibility to validate the availability of funds.
Submitted for City Manager's Office by. Dana Burghdoff 8018
Originating Business Unit Head: Chris Harder 5020
Additional Information Contact: Tony Sholola 6054