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HomeMy WebLinkAboutOrdinance 22288-06-2016 ORDINANCE NO. 22288-06-2016 AN ORDINANCE INCREASING THE APPROPRIIATIONS IN THE STREET IMPROVEMENTS FUND IN THE AMOUNT OF $33,956.00, FROM AVAILABLE FUNDS, FOR THE PURPOSE OF FUNDING THE CHISHOLM TRAIL PARKWAY PUBLIC ART PROJECT; 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 receipts and appropriations in the Street Improvements Fund in the amount of $33,956.00, from available funds, for the purpose of funding the Chisholm Trail Parkway Public Art Project. 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 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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 4. This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: Jessica Sa g v g, ist t Attorney Mary J. Kayser, ity ecretary ADOPTS AND EFFECTIVE: June 28,2016 Ordinance No.22288-06-2016 Page 1 of 1 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/28/2016 - Ordinance No. 22288-06-2016 DATE: Tuesday, June 28, 2016 REFERENCE NO.: **G-18766 LOG NAME: 06PUBLIC ART CTP CONTINGENCY APPROPRIATION SUBJECT: Adopt Appropriation Ordinance Increasing Appropriations in the Street Improvements Fund in the Amount of$33,956.00, from Available Funds, to Allow the Use of a Portion of Unused Contingency Funds from the Henderson Street Public Art Project to Pay for Unanticipated Costs Associated with the Chisholm Trail Parkway Public Art Project (COUNCIL DISTRICTS 3, 6 and 9) RECOMMENDATION: It is recommended that the City Council adopt the attached appropriation ordinance increasing appropriations in the Street Improvements Fund in the amount of$33,956.00, from available funds, to allow the use of a portion of unused contingency funds from the Henderson Street Public Art Project to pay for unanticipated costs associated with the Chisholm Trail Parkway Public Art Project. DISCUSSION: On July 10, 2013, the City of Fort Worth (City) entered into an Agreement for Commission of Public Artwork with Sato Service, LLC, (City Secretary Contract (CSC) No. 44615) to fabricate, deliver and install glass and stone mosaics on six East Clear Fork Crossing Bridge Monuments titled Trinity Water Fowl and 10 Water Crossing Markers with metal sculptural caps, on the Chisholm Trail Parkway, in the amount of $907,178.00, including a contingency allowance of$58,884.00 for unforeseen changes in fabrication or installation costs. In accordance with the construction schedule provided by the North Texas Tollway Authority (NTTA), the artist delivered the artwork to the City by the end of April 2014 and scheduled her crew to travel to Fort Worth to install the mosaics in May 2014. NTTA, in concurrence with the City, decided to open Chisholm Trail Parkway to traffic on May 11, 2014. The East Clear Fork Crossing was still under construction at the time and the artist was unable to complete the installation at this location. The City understood that opening Chisholm Trail Parkway prior to the complete installation of the artwork would result in additional costs to complete the East Clear Fork Crossing installation. This decision necessitated two separate artwork installation phases that occurred 18 months apart (May/June 2014 and October/November 2015), which were both accomplished while the parkway was in operation. The active parkway required traffic control in order to carry out the work. Unanticipated costs incurred by the artist included traffic control for required lane closures during installation ($24,909.00), warehouse rental for storage of the artwork ($8,085.00), as well as equipment rental, site remediation, remobilization and travel expenses for the installation crew and artist and other installation expenses. On November 20, 2015, a contract amendment (CSC No. 44615-A2) was executed to increase the artist's contingency budget by up to $49,000.00 to cover unforeseen costs incurred by the artist due to the circumstances described above. It has been determined that the amount of$33,955.28 in this appropriation ordinance will be sufficient to cover the artist's unanticipated expenses for the project. Unexpended contingency funds from the Wind Roundabout project by Ned Kahn for the Trinity River Logname: 06PUBLIC ART CTP CONTINGENCY APPROPRIATION Page I of 2 Vision (Panther Island) Bridges Project (referred to as Henderson Street in the 2004 Bond Program) in the amount of$95,119.28 in two percent public art funds from the 2004 Bond Program, Proposition No. 1, is available to cover the appropriation being requested in this M&C. ARTWORK COMMISSION CONTRACT BUDGET The Chisholm Trail Parkway is located in COUNCIL DISTRICTS 3, 6 and 9. CONTRACT F- FUNDING SOURCES AMOUNT _ APPROPRIATIONS 12004 Bond Program, Proposition 1June 4, 2013 44615 (SH121T) $328,200.00 M&C 26287 June 4, 2013 44615 _2004 Bond Program, Proposition 1 [—$368,080.00 M&C 26287 June 4, 2013 -F 44615 2007 Critical Capital Needs Program $210,898.00 M&C 26287 - _-F TOTAL $907,178.00 44615- 12004 Bond Program, Proposition 1 $ 33,955.28-F 33,955.28 _ This M&C NEW TOTAL $941,.133.28 �— - This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the Fiscal Year 2016 Capital Improvement Plans, as appropriated in the designated capital projects and associated funds for the identified purposes. FUND IDENTIFIERS (FIDs): TO Fund Department Account Project ProgramActivity Budget Reference # Amount ID ID Year Chartfield 2 394031 0200431 4950510 C00005 C09880 2016 $33,956.00 394031 0200431 5740010 000005 C09880 2016 $33,956.00 FROM Fund Department Accoun Project ProgramActiviBudget Reference# Amount ID I ID Year (Chartfield 2 94031 0200431 1 5740010 1 C00005 I I C09880 1 2016 1 1$33,156.00 CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Randle Harwood (6101) Additional Information Contact: Martha Peters (298-3025) Logname: 06PUBLIC ART CTP CONTINGENCY APPROPRIATION Page 2 of 2