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HomeMy WebLinkAboutOrdinance 26083-04-2023ORDINANCE NO. 26083-04-2023 AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE WATER AND SEWER CAPITAL PROJECTS FUND IN THE AMOUNT OF $312,215.00, TRANSFERRED FROM AVAILABLE FUNDS IN THE WATER AND SEWER FUND, FOR THE PURPOSE OF FUNDING SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2018 PROJECT (CITY PROJECT NO. 102082); 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 $312,215.00, transferred from available funds in the Water and Sewer Fund , for the purpose of funding the Sanitary Sewer Emergency Response Contract 2018 Project (City Project No. 102082). 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed .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 D~lack (Apr 20, 2023 09:39 GMT+2 ) Douglas W. Black Senior Assistant City Attorney ADOPTED AND EFFECTIVE: April 11, 2023 City of Fort Worth, Texas Mayor and Council Communication DA TE: 04/11 /23 LOG NAME: 6018SSEMERCON CO2-C IRCLEC SUBJECT M&C FILE NUMBER: M&C 23-0256 (ALL) Authorize Execution of Change Order No . 2 in t he Amount of $312 ,215 .00 to the San itary Sewer Emergency Respons e Contract 201 8 with William J . Schultz , Inc . dba Circle C Construction Company to Fund Emergency Work Ordered Under the Contract and Adopt Appropriation Ordinance to Effect a Portion of Water's Contribution to the Fiscal Years 2023-2027 Capital Improvement Program RECOMMENDATION: 1. Authorize execution of Change Order No . 2 in the amount of $312 ,215 .00 , to City Secretary Contract No . 52751 , w ith Will iam J . Schultz , Inc . dba Circle C Construction Company fo r the Sanitary Sewer Emergency Response Contra ct 2018 project to fund emergency work ordered unde r the contract ; and 2 . Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water and Sewer Capital Projects Fund in the amount of $312 ,215.00 transferred from available funds within the Water and Sewer Fund , for the purpose of funding the San itary Sewer Emergency Response Contract 2018 Project (City Project No . 102082) and to effect a port ion of Water's contribution to the Fiscal Years 2023-2027 Capital Improvement Program . DISCUSSION: On August 20 , 2019, Mayor and Council Communication (M&C) 19 -0047 the City Council authorized the execution of a contract in the amount of $1 ,250,000 .00 , with William J. Schultz , Inc . dba Circle C Construction Company , for the Sanitary Sewer Emergency Response Contract 2018 (City Secretary Contract No . 52751) and provided for the option of two renewals. On June 2 , 2020 , M&C 20-0376 the City Council authorized Change Order No . 1 in the amount of $170 ,420 .00 which provided for additional emergency repairs and the first renewal in the amount of $1 ,250 ,000 .00 to the Sanitary Sewer Emergency Response Contract 2018 with William J . Schultz , Inc. dba Circle C Construction Company . On April 12 , 2022, M&C 22-0286 authorized the second renewal in the amount of $1 ,250 ,000.00 to Sanitary Sewer Emergency Response Contract 2018 with William J. Schultz , Inc. dba Circle C Construction Company. One of several emergency work orders recently issued under Renewal No. 2 included one for the emergency replacement of a severely deteriorated public sanitary sewer main located within an easement between Hamilton Avenue and West Fourth Street/ Potomac Avenue . Change Order No . 2 is necessary to add funding in the amount of $312,215.00 to the contract sufficient to complete this work . It is the practice of the Water Department to appropriate its CIP plan throughout the fiscal year, instead of w ithin 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 : 6018SSEMERCONCO2-CIRCLEC Capital Budget Revised Project FY2023 CIP Change Fund Authoritv FY2023 Name Aoorooriations (Increase/ Name Budget Decrease) Fund 102082- 56002 -2018-SS IW&S Emergency $0.00 This M&C $312 ,215 .00 $312 ,215.00 !Capital Response Projects Contract Funding is budgeted in the Transfer to Water/Sewer account of the Water operating budget for the purpose of funding the W&S Capital Projects for 2018-SS Emergency Response project within the Water & Sewer Capital Projects Fund . This project will have no impact on the Water Department's operating budget when completed . Appropriations for 2018 SS Emergency Response project are as depicted below : Fund · t Total * W&S Capital Projects -Fund 56002 Project Total $4,670,420. $312 ,215 .00 $4 ,982 ,635 .00 ,215.00 $4,982,635.00 *Numbers rounded for presentation purposes. Business Equity: William J . Schultz , In c . dba Circle C Construction agrees to maintain its initial M/WBE commitment of four percent that it made on the original contract and extend and maintain that same M/WBE commitment of four percent to this second change order. Therefore William J . Schultz , Inc. dba Circle C Construction remains in compliance with the City's M/WBE Ordinance and attests to its commitment by its signature on the Acceptance of Previous M/WBE Commitment form executed by an authorized representative of its company. This project is located in ALL COUNCIL DISTRICTS. 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 2018 -SS Emergency Response project. Prior to any expenditure being incurred , the Wate r 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: Chris Underwood 2629