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HomeMy WebLinkAboutOrdinance 26874-04-2024Ordinance No. 26874-04-2024 AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE WATER AND SEWER CAPITAL PROJECTS FUND IN THE AMOUNT OF S477,9I6.00, TRANSFERRED FROM AVAILABLE PAYGO FUNDS WITHIN THE WATER AND SEWER FUND, FOR THE PURPOSE OF FUNDING THE EMER WM&PV REPAIR RATIFY CIRC PROJECT (CITY PROJECT NO.105372); 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 2023-2024 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 $477,916.00, transferred from available PayGo funds within the Water and Sewer Fund, for the purpose of funding the Emer WM&PV Repair Ratify CIRC project (City Project No. 105372). 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 26453-09-2023 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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. APPIZON F I) kS TO FORM AND LEGALITY: Douglas Uack (May 1, 2024 )735 COT) Douglas W. Black Senior Assistant City Attorney ADOPTED AND EFFECTIVE: April 23, 2024 CITY SECRETARY Jannette S. Goodall City Secretary 47 4ORT �0 0 00p000p0 Y O 00 p Qo o 0d C. 0 D0 Pip P� C? 0 0° a 0 00 � �Z1Q* 00000000 G, l--: Qa TEXQ' <,. City of Fort Worth, Texas Mayor and Council Communication DATE: 04/23/24 M&C FILE NUMBER: M&C 24-0364 LOG NAME: 60RATIFY EMERWANDP REPAIR JAN2024-CIRCLEC SUBJECT (ALL) Ratify an Emergency Contract with William J. Schultz, Inc. dba Circle C Construction Company in the Final Amount of $477,915.20 for Emergency Water Main Break and Pavement Repairs Due to January 2024 Freeze and Adopt Appropriation Ordinance to Effect a Portion of Water's Contribution to the Fiscal Years 2024-2028 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: Ratify emergency agreement with William J. Schultz, Inc. dba Circle C Construction Company City Secretary Contract No. 60774, in the amount of $477,916.20 for Emergency Water Main Break and Pavement Repairs due to January 2024 Freeze; and Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water and Sewer Capital Projects Fund in the amount of $477,916.00 transferred from available PayGo funds within the Water and Sewer Fund for the purpose of funding the Emer WM&PV Repair Ratify CIRC project (City Project No. 105372) and to effect a portion of Water's contribution to the Fiscal Years 2024-2028 Capital Improvement Program. DISCUSSION: The attached City Manager Memo dated January, 16, 2024 authorized City Secretary Contract No. 60774, for the emergency work up to $2,000,000.00. The total construction cost was $477,915.20, which is fair and reasonable for the work performed. Upon ratification of this contract, this project is completed and is ready to close. The work performed provided emergency water main break and pavement repairs due to the January 2024 Freeze. To perform these emergency repairs, William J. Schultz, Inc. dlbla Circle "C" Construction was one of two contractors engaged to conduct main water main repairs. Waiting to bid and award a construction contract to perform this work was not in the best interest of the health and safety of the citizens of the City of Fort Worth (City Secretary Contract No. 60774). Section 252.022 of the Local Government Code exempts from normal bidding requirements expenditures 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. 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 2024-2028 Capital Improvement Program, as follows: 60RATIFY EMERWANDP REPAIR JAN2024-CIRCLEC Capital Fund Project Name FY2024CIP Appropriations Authority BudgetRevised Change (increase/ FY2024 Name Decrease) Budget g Fund 105372 56002 - Emer WM&PV W&S Repair $0.00 This M&C $477,916.00 $477,916.00 Capital Ratify Projects C1RC Funding is budgeted in the Transfer to WatedSewer account of the Water operating budget for the purpose of funding the 105372 Emer WM and Pave Repair Ratify CIRCLEC project within the Water & Sewer Capital Projects Fund. FY2024 —Water PAYGO Appropriations per City Ordinance 26453-09-2023 FY2024 FY2024 FY2024 Amended YTD PayGo Remaining Original Adopted PayGo (includes Approved PayGo PayGo any council for/Moved to This M&C Balance_ actions Capital subsequent to Projects qudget adoption} u $ 84,505,035.00 $ 84,505,035.00 $(70,237,101.36, $(477,916.00) $13,790,017.64 Note: there may be other pending actions or recently approved actions that are not reflected in the table due to timing. Appropriations for emergency water main break and pavement repairwork conducted for the January 2024 freeze in project Emer WM&PV Repair Ratify CIRC are as depicted below: Fund Existing Appropriations Additional Appropriations Project Total" W&S Capital Projects - Fund $0.00 $477,916.00 $477,916.00 56002 Project Total $0.00 $477,916.00 $477,916A0, 'Numbers rounded for presentation purposes. This project is 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 WM&PV Repair Ratify CIRC 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; Femando Costa 6122 Originating Business Unit Head: Chris Harder 5020 Additional Information Contact: Tony Sholola 6054