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HomeMy WebLinkAboutOrdinance 27091-08-2024Ordinance No. 27091-08-2024 AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE WATER AND SEWER CAPITAL PROJECTS FUND IN THE AMOUNT OF $1,561,580.00, TRANSFERRED FROM AVAILABLE PAYGO FUNDS IN THE WATER AND SEWER FUND, FOR THE PURPOSE OF FUNDING THE EMERGENCY SANITARY SEWER M-292 REPAIR NEAR 5301 BELKNAP STREET PROJECT (CITY PROJECT NO.105650); 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 $1,561,580.00, transferred from available PayGo funds in the Water and Sewer Fund, for the purpose of funding the Emergency Sanitary Sewer M-292 Repair near 5301 Belknap Street project (City Project No.105650). 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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: Douglas 8ia,k {Oct 24, 2074 1704 CDT) Douglas W. Black Sr. Assistant City Attorney ADOPTED AND EFFECTIVE: August 27, 2024 CITY SECRETARY b Ax�� .iannette S. Goodall City Secretary 4 FART ��G q ppoopapp0 7 Opp t7(;o opZl i' ,10L MAYOR AND COUNCIL COMMUNICATION 64EMERSS331NM292REPAIR-CIRCLEC-FNI City of Fort Worth, Texas Mayor and Council Communication DATE: 08/27124 M&C FILE NUMBER: M&C 24-0742 LOG NAME: 60EMERSS331NM292REPAIR-CIRCLE-FNI SUBJECT (CD i 1 and Haltom City) Adopt Appropriation Ordinance in the Amount of $1,561,580.00 for Emergency Sanitary Sewer M-292 Repair Near 5301 Belknap Street 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 adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water and Sewer Capital Projects Fund in the amount of $1,561,580.00, transferred from available PayGo funds within the Water and Sewer Fund, for the purpose of funding the Emergency Sanitary Sewer M-292 Repair near 5301 Belknap Street project (City Project No.105650) and to effect a portion of Water's contribution to the Fiscal Years 2024-2028 Capital Improvement Program. DISCUSS11ON: On May 03, 2024 Water Field Operations crews discovered a segment of a 33-inch Sanitary Sewer Main near 5301 E Belknap Street, Haltom City to be severely exposed as result of creek bank erosion from recent rains. No sewer discharge was encountered at this time. Bypass pumping was immediately mobilized to implement pumping around the exposed section in the event additional rainfall caused the pipe to collapse. Overnight storms delayed the completion of this work. However, on May 05, 2024 the exposed pipe was found to be leaking along with three other close by segments of the sewer main. Due to the expected collapse of this sewer main, it is necessary to reroute the sewer main from the creek bank as soon as possible. Pursuant to the emergency authority found in Chapter 2, Article 1, Section 2-9 of the City's Code of Ordinances, the Water Department initiated emergency procurement of the following contractor and consultant for the services and costs as indicated below to perform emergency replacement to reroute the sanitary sewer,main from the creek. Water Field Operations Crews are not able to conduct replacement work of this magnitude. • William J. Schultz, Inc. dba Circle C Construction Company (Circle C) - Emergency water main replacement: $1,500,000.00 (City Secretary Contract (CSC) No. 61591) • Freese and Nichols, Inc. (FNI) - Engineering Design $61,580.00) (CSC No. 61592) The contracts and work will be billed on a task order basis. The total of the contracts is estimated to be $1,561,580.00. The Water Department will coordinate with Haltom City since this City of Fort Worth sanitary sewer main is located within Haltom City limits. Waiting to bid and award a contract to perform this work is not the best interest of health and safety of the City of Fort Worth. In addition to the citations, above, Section 252.022 of the Local Government Code exempts from normal bidding requirements expenditures that are necessary to preserve or protect public health and safety of the municipality's residents and procurements necessary because of unforeseen damage to public machinery, equipment, or property. Mayor and Council Communications (M&C) will be circulated to ratify the above contracts after the work has been performed. The purpose of this M&C is to secure funding to compensate Circle C and FNI for work performed and to speed up the replacement project. This 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 of this 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: 60EMERSS331NM292REPAIR-CIRCLEC-FNI Capital Fund Project FY2024 CIP Authority Budget Change Revised FY2024 Name Name Appropriations (IncreaselDecrease) Budget 105650- W&S Capital EMER Projects- Fund SS $0.00 This M&C $1,561,580.00 $1,561,580.00 56002 Rpr Belknap Funding is budgeted in the Transfer to Water/Sewer account within the Water & Sewer Fund for the purpose of funding the Emer SS M292 Rpr Belknap Rtly project within the Water & Sewer Capital Projects Fund. FY2024- Water PAYGO Appropriations per City Ordinance 26453-09-2023 FY2024 Amended FY2024 PayGo(includes YTD PayGo FY2024 Original any council Approved This M&C Remaining Adopted actions for/Moved to PayGo PayGo subsequent to Capital Projects Balance budget adoption) $84,505,035.00 $143,330,035.00 $(81,515,195.38) $(1,561,580.OD) $60,253,259.62 Note: There may be other pending actions or recently approved actions that are not reflected in the table due to timing. Appropriations for the Emergency Sanitary Sewer M-292 Repair on near5301 Belknap Street project, are as depicted below: Fund Existing Appropriations Additional Appropriations Project Total" W&S Capita[ Projects- Fund 56002 $0.7 F$1,561.580.00 $1,561,580.00 Project Total $0.00 $1,561,580.D0 $1,561,580.00 "Numbers rounded for presentation purposes. The project is located in Council District 11 and Haltom City. A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION I CERTIFICATION: The Director of Finance certifies that funds are currently available in the Water & Sewer Fund and upon approval of the above recommendation and adoption of the attached appropriation ordinance, funds will be available in the W&S Capital Projects Fund for the Emer SS M292 Rpr Belknap Rtfy 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 WI Fernando Costa 6122 Oric[inating Business Unit Head: Chris Harder 5020 Additional Information Contact: Tony Sholola 6054