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HomeMy WebLinkAboutOrdinance 22013-12-2015 ORDINANCE NO. 22013-12-2015 AN ORDINANCE INCREASING APPROPRIATIONS IN THE ALTAMESA BOULEVARD PHASE 2 PROJECT OF THE TRANSPORTATION IMPACT FUND BY $3,350,000.00 FOR CONSTRUCTION COSTS AND DECREASING TOTAL FUND BALANCE IN UNSPECIFIED CENTERS OF THE TRANSPORTATION IMPACT FUND BY THE SAME AMOUNT; ESTABLISHING A LEGAL LEVEL OF CONTROL; 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 2015-2016 in the Budget of the City Manager, there shall also be increased estimated appropriations in the Altamesa Boulevard Phase 2 Project of the Transportation Impact Fund in the amount of$3,350,000.00 for purposes of construction costs and decreased frond balance in the Unspecified Center (Service Area W) of the Transportation Impact Fund in the amount of$1,400,000.00 and decreased fund balance in the Unspecified Center(Service Area Y) of the Transportation Impact Fund in the amount of$1,950,000.00. SECTION 2. That, except as otherwise provided, in this section, the legal level of control shall be at the Project level, for which an appropriation is adopted herein. The Chief Financial Officer acting on behalf of the City Manager may, in consultation with a department head, approve the allocation of funds to a lower level (subproject)within the same Project without the approval of the City Council so long as such reallocation otherwise complies with all applicable laws and ordinances and does not result in a net increase to the Project's overall appropriation. SECTION 3. 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 4. That this ordinance shall be cumulative of Ordinance No. 21873-09-2015 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 5. This ordinance shall take effect upon adoption, r APPROVED AS TO FORM AND LEGALITY: h � 6uglas' . Black, Mary J. Kayse Sr. Assistant City Attorney City Secretary ADOPTED AND EFFECTIVE: December 15, 2015 Ordinance No.22013-12-2015 Page I of I SERVICES MAYOR AND COUNCIL COMMUNICATION MAP ALTAIVIESA BOULEVARD PHASE 2 CONSTRUCTION O 820LOOP 4 183 o � � �STDALE f ►_ .ter p 1 .� 0 MERCEDES - �`f N GV£RTO j!DG£ r I _ TOBIE�LAYNE SOU Z Zzu — S Wi VERNOMCA k s �o , W GRANDE 9 ►r'��� '��m r ,y,r.r i �rrrxm r N A KMONT j 00" r ... 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City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 12115/2015 - Ordinance No. 22012-12-2015, 22013-12-2015 & Resolution No. 4557-12-2015 DATE: Tuesday, December 15, 2015 REFERENCE NO.: C-27570 LOG NAME: 20ALTAMESA PHASE 2 PROJECT AMENDMENTS SUBJECT: Adopt Resolution Authorizing an Interlocal Agreement with the Texas Department of Transportation in the Amount of$10,000.00 to Provide Material Inspection and Testing Services Related to the Construction of Altamesa Boulevard f/k/a Dirks Road from Granbury Road to the Chisholm Trail Parkway, Altamesa Boulevard Phase 2, Authorize Execution of Change Order No. 4 to City Secretary Contract No. 45378 with Austin Bridge & Road, LP, for Construction of Altamesa Boulevard Phase 2 in the Amount of$181,000.60 for Additional Work Related to the Fort Worth and Western Railroad Bridge, Authorize Settlement of Claims in the Amount of$690,443.36 with Austin Bridge & Road, LP, and Authorize Execution of Release Agreement, Adopt Ordinance Allocating $3,350,000.00 of Impact Fee Funds to the Altamesa Boulevard Phase 2 Project, Thereby Increasing the Total Project Cost to $27,317,082.74 and Adopt Appropriation Ordinance, Project No. C00768 (COUNCIL DISTRICT 6) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Transportation Impact Fund in the amount of$3,350,000.00; 2. Authorize the transfer of funds in the amount of$3,350,000.00 ($1,400,000.00 from Unspecified Service Area W and $1,950,000.00 from Unspecified Service Area Y) to the Alta Mesa Boulevard Phase 2 Project in the Transportation Impact Fund and adopt the attached ordinance increasing appropriations in the Alta Mesa Boulevard Phase 2 Project of the Transportation Impact Fund in the amount of $3,350,000.00 for the construction of Alta Mesa Boulevard Phase 2 Project and decreasing fund balance in the Unspecified Centers of the Fund by the same amounts; 3. Adopt the attached resolution authorizing the execution of an Interlocal Agreement with the Texas Department of Transportation in the amount of$10,000.00 to provide materials inspection and testing services for various structural elements fabricated off-site for the construction of Altamesa Boulevard Phase 2; 4. Authorize the execution of Change Order No. 4 to City Secretary Contract No. 45378, with Austin Bridge & Road, LP, in the amount of$181,000.60 for the Altamesa Boulevard Phase 2 Project, thereby increasing the contract amount to $11,407,506.76; and 5. Authorize the settlement of claims related to delays as settled at mediation between the City of Fort Worth and Austin Bridge & Road, LP, in the amount of$690,443.36 and authorize the execution of Releases and Agreements necessary to complete the settlement. DISCUSSION: Logname: 20ALTAMESA PHASE 2 PROJECT AMENDMENTS Page 1 of 4 This project provides for the construction of Altamesa Boulevard Phase 2, as a six-lane divided principal arterial under two separate phases. Phase 1 was completed in 2007 and extended from Bryant Irvin Road to Chisholm Trail Parkway (SH 121). Phase 2 is currently under construction and extends from Chisholm Trail Parkway (SH 121) to Granbury Road. Phase 2 includes a new railroad bridge structure, retaining wall, sidewalk, water main adjustments, traffic signal modifications and street lights. Material Testing: On October 22, 2013, M&C C-26513 authorized an Interlocal Agreement with Texas Department of Transportation (TxDOT) in the amount of$5,004.00 for inspections and testing required to insure the quality of materials and workmanship incorporated into the construction of the project. The subject Interlocal Agreement provides additional inspections and testing associated with Phase 2, including the cost for staff from the Construction Division of the TxDOT to provide services for various structural elements fabricated off-site (i.e., structural steel bridge components, pre-cast concrete stressed/non-stressed products and miscellaneous fabricated products). Change Order: The subject change order is necessary to replace existing FWVVRR Rail and Railroad TIES within the work zone to accommodate replacement of the existing bridge. In addition, elevated levels of arsenic, lead and selenium were detected within the railroad right-of-way during construction, which required additional testing as requested by Texas Commission on Environmental Quality (TCEQ). Groundwater and Contaminated Soils: Two primary issues occurred during the early stages of construction which resulted in significant delays for the construction contractor. Unusually high groundwater levels were encountered during excavation for the bridge components resulting in a project delay while the City and its Engineer formulated revised groundwater management strategies which the contractor then implemented. Contaminated soils were also encountered within the construction site, which required suspension of certain work tasks to allow time to test, analyze and prepare a response plan. These items compromised the project critical path and eventually prevented the contractor from continuing construction of the bridge structure. The City and Contractor engaged in a mediation process to arrive at a settlement for the expenses associated with these unanticipated delays. A Mediation Agreement was reached to settle the claim for$690,443.36 subject to City Council approval. This settlement will add 165 days to the contract completion date. Appropriation of Impact Fees: The attached ordinances will provide $3,350,000.00 of impact fees associated with capacity improvements for this project or approximately 12 percent of the total project costs. M&C C-26676 which awarded the construction contract for Phase 2, indicated that impact fees will be necessary to provide full project funding and that Staff will seek City Council approval for this additional funding prior to final completion of the project. This additional funding is necessary to cover Phase 2 change orders, FVWVRR charges, final utility relocations, project management and contingencies and other project costs as outlined in the following table. This funding is not being used for the mediated settlement. The construction start date for Phase 2 was April 2014 and the anticipated completion date is now June 2016. The total project budget for Altamesa Boulevard Phase 1 and 2 is shown below: DESIGN - PHASE 1 and Design_Contract �a $ 2,096,726.00 Project Management, Design Coordination $ 1,160,48_0.00_ xDOT Design Review _$ 83,492.00 FWWR Right-of-Way Agreement $ 3,500,000.00 Right-of-Way and Easement Acquisition �$ 850,054.00 Coordination I ----- I - Logname: 20ALTAMESA PHASE 2 PROJECT AMENDMENTS Page 2 of 4 IDESIGN PHASE BUDGET 1$ 7,690,752.00 ,CONSTRUCTION FA—MOUNT Construction—Contract-P—has—el F$ 2,948,026.66 ,Construction Contract-Phase 2 1$10,742,244.51 lChange Order No. I (M&C C-272-27 3.1 .15) —F$ 404,044.61 lChange Order No. 2 (Administrative 6.17.15) 1$ 48,699.04 [Change Order No. 3 (Administrative 9.22.15—) F$-31,518.00 [Change Order No. 4 (Pending) 1$ 181,000.60 �TxDOT Construction Oversight ---[$--97,635.00 XE OT Material Inspection -11t Interlocal $ 004.00 5 X ArAg6rreement (City Secretary Contract No. 45333) TxDOT Material Inspecton -2nd Interlocal $ 10,000.00 Agreement (Pending) I �ime impact Analysis Settlement with ABR F$_ 690,443.36 [F—V\WR—Construction Services Reimbursement F$ 269,831.00 FVVVVR Additional Construction Services 50,000.00 Reimbursement (Pending) � ime Impact Analysis for Utility Relocations $ 450,000.00 (Pending) lUtility Relocation Costs F$ 158,804.32 �Inspection, Survey, Material Testing, Project $3_,339,079.64 Management, Contingencies ---- --- �OTAL CONSTRUCTION BUDGET $F19,626,330.74 F_ I- �OTAL PROJECT BUDGET ---1$27,317,082.74 The funding sources for the project are as follows: 1PROJECT FUNDING SOURCE AMOUNT xDOT, LPAFA, Phase 2 1$_6,509,000.00 �Tarrant County, Phase 1 1$2,007,444.42 City Funding, 2007 CO (39001) 1-14,952,16-3—.32 City Funding, 1998 Bond $498,445.00 (39409) Requested Impact Fee Funding, $1,400,000.00 Service Area VV �Requested Impact Fee Funding, Service Area Y Ff6fi-k-L PROJECT FUNDING 1$27,317,082.74 MMBE OFFICE -Austin Bridge & Road, LP, is in compliance with the City's DBE Program by committing Logname: 20ALTAMESA PHASE 2 PROJECT AMENDMENTS Page 3 of 4 to an additional 10 percent DBE participation on Change Order No. 4. The City's DBE goal on this change order or extra work is 10 percent. Authorizations provided with this Mayor and Council Communication will result in no additional annual operating impacts to the Transportation and Public Works Department's operating budget beyond those previously identified. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations, and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated in this action, within the 2007 Critical Capital Fund and the Impact Fee Fund. FUND IDENTIFIERS (FIDs): TO Fund Department Accouni Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) 1 39008 0060419 4413001 UN9925 UN2300 $1,400,000.00 1 39008 0060419 5740010 UN9925 UN2300 $1,400,000.00 1 39008 0060419 4413001 UN9927 UN2300 $1,950,000.00 1 39008 0060419 5740010 UN9927 UN2300 $1,950,000.00 2 39008 0200431 4413001 C00768 CO2383 $3,350,000.00 12)1390081 0200431 5740010 C00768 CO2383 $3,350,000.00 FROM Fund Department Accouni Project Program Activity Budget Reference # Amount ID ID Year Chartfield 2 39008 0060419 4413001 UN9925 UN2300 $1,400,000.00 2)39008, 0060419 5740010 UN9925 UN2300 $1,400,000.00 2)39008 0060419 4413001 UN9927 UN2300 $1,950,000.00 39008 0060419 5740010 UN9927 UN2300 ($1,950,000.00 3 39001 0200431 5740010 C00768 CO2383 $10,000.00 39001 0200431 5740010 C00768 CO2383 $181,000.60 5 39001 0200431 5740010 C00768 CO2383 $690,443.36 CERTIFICATIONS: Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Douglas Wiersig (6157) Additional Information Contact: Leon Wilson (8883) Logname: 20ALTAMESA PHASE 2 PROJECT AMENDMENTS Page 4 of 4