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HomeMy WebLinkAboutOrdinance 27023-06-2024Ordinance No. 27023-06-2024 AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE WATER AND SEWER CAPITAL PROJECTS FUND IN THE AMOUNT OF $700,107.00, TRANSFERRED FROM AVAILABLE PAYGO FUNDS IN THE WATER AND SEWER FUND, FOR THE PURPOSE OF FUNDING THE EMERGENCY WATER MAIN REPAIR UNION PACIFIC RAILROAD RATIFY CIRCLE C PROJECT (CITY PROJECT NO. 105478); 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 $700,107.00, transferred from available PayGO funds in the Water and Sewer Fund, for the purpose of funding the Emergency Water Main Repair Union Pacific RailRoad Ratify CIRCLE C project (City Project No. 105478). 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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, APPROVED AS TO FORM AND LEGALITY: . BoLIR1,35 Black Uo19, 202415120 65T] Douglas W. Black Senior Assistant City Attorney ADOPTED AND EFFECTIVE: June 25, 2024 CITY SECRETARY Jannette S. Goodall City Secretary P N pRT A k *0Q0 °0 AOo ° pplc =�� �00 °° °° r[� �O °ice (� o o° �1 '4 � °°O°o°°a a 44, MA a" "' MAYOR AND COUNCIL COMMUNICATION 60RATIFY EMER WMAINREPAIR UPPRTRACKS-CIRCLEC City of Fort Worth, Texas Mayor and Council Communication DATE: 06/25/24 M&C FILE NUMBER: M&C 24-0606 LOG NAME: 60RATIFY EMERWMAIN REPAIR UPRR TRACKS-CIRCLEC SURJECT (CD 11) Ratify the Emergency Contract with William J. Schultz, Inc. dba Circle C Construction Company for Emergency Water Main Repair Undemeath Union Pacific Railroad Tracks in the Final Amount of $700,107.00 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: 1. Ratify the emergency agreement with William J. Schultz, Inc. dba Circle C Construction Company (City Secretary Contract No. 61133), for Emergency Water Main Repair Union Pacific RailRoad Ratify CIRCLE C project (City Project No. 105478) in the final amount of $700,107.00; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water and Sewer Capital Projects Fund in the amount of $700,107.00, transferred from available PayGo funds within the Water and Sewer Fund, for the purpose of funding the Emergency Water Main Repair Union Pacific RailRoad Ratify CIRCLE C project (City Project No. 105478) 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 February 21, 2024 authorized City Secretary Contract No. 61133, effective March 18, 2024, for the emergency work up to $600,000.00. Contract 61133 was subsequently revised by one change order for increased work scope, which was approved on April 16, 2024. The total construction cost was $700,107.00, 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 repair underneath Union Pacific Railroad Tracks at the intersection of Cold Springs Road and N. Hampton Road. To perform these emergency repairs, William J. Schultz, Inc. d/bla Circle C Construction was engaged to conduct the repair of the water main. In an emergency situation, waiting to bid and award a construction contract to perform this work is not in the best interest of the health and safety of the citizens of the City of Fort Worth. 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 EMERWMAIN REPAIR UPRR, TRACKS - CIRCLEC Capital Fund Project FY2024CIP Authority Budget Change Revised FY2024 Name Name Appropriations (increase/ Budget g Decrease) Fund 105478 56002 - Emer WM W&S Rep $0.00 This M&C $700,107.00 $700,107.00 Capital UPRR Ratify Projectsl CIR C Funding is budgeted in the Transfer to WaterlSewer account of the Water & Sewer Fund for the purpose of funding the Emer WM Rep UPRR Ratify CIR C project within the Water & Sewer Capital Projects Fund. FY2024 — Water PayGo Appropriations per City Ordinance 26453-09-2023 FY2024 Amended FY2024 PayGo Original (includes any Adopted council PayGo actions subsequenttc budget adoption) 84 YTl 'PI PayGo Approved This M&C forlMoved to Capital Projects ,107 FY2024 Remaining vGo Balan 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 repair Underneath Union Pacific Railroad Tracks in project Emer W Main Repair UPRR Tracks Ratify CIR C are as depicted below: Existing Additional project Fund Appropriations Appropriations Total* W&S Capital Projects - Fund $0.00 $700,107.00 $700,107.00 56002 Project Total $0.0DF $700,107.00 $700,107.00 *Numbers rounded for presentation purposes. This project is located in all COUNCIL DISTRICT 11. 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 Rep UPRR Ratify CIR C project. Prior to any expenditure being incurred, the Water Department has the responsibility to validate the availability of hands. Si bmitt d for City Manager's Office by. Fernando Costa 6122 Originating Business Unit Head: Chris Harder 5020 Additional Information Contact: Tony Sholola 6054