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Home My WebLink AboutOrdinance 26343-08-2023ORDINANCE NO. 26343-08-2023 AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE WATER AND SEWER CAPITAL PROJECTS FUND IN THE AMOUNT OF $340.000.00, FROM AVAILABLE FUNDS, FOR THE PURPOSE OF FUNDING THE CHURCHILL ROAD WATER AND SANITARY SEWER IMPROVEMENTS PROJECT (CITY PROJECT NO. 100888); 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 2022-2023 in the Budget of the City Manager , there shall also be increased estimated receipts and appropriations in the Water and Sewer Capital Projects F und in the amount of $340.000.00, from available funds , for the purpose of funding the Churchill Road Water and Sanitary Sewer Improvements project (City Project No. 100888). SECTION 2. That should any portion, section or part of a section of this ordinance be decl a red in val id , inoperative or void for any reason by a court of competent jurisdiction, s uch deci sion, opinion or judgment shall in no way impair the remaining po1iions, section s, or paiis 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 25773-09-2022 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with s uch other ordinances and appropriations , in which instance said conflicting provi sions of said prior ordinances and appropriations are hereby expressly repealed.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: D~la ck (Aug 17, 2023 09:38 CDT) Douglas W. Black Senior Assistant City Attorney ADOPTED AND EFFECTIVE: August 8, 2023 CITY SECRETARY r A ~ Jannette S. Goodall City Secretary MAYOR AND COUNCIL COMMUNICATION MAP 60FLOWLINE SETTLEMENT AGREEMENT City of Fort Worth, Texas Mayor and Council Communication DATE: 08/08/23 M&C FILE NUMBER: M&C 23-0654 LOG NAME: 60FLOWLINE SETTLEMENT AGREEMENT SUBJECT (CD 2) Authorize Execution of a Settlement Agreement with Flow-Line Construction , Inc., in the Amount of $340 ,000.00 for Additional Costs Related to Construction of Churchill Road Water and Sanitary Sewer Improvements and Adopt Appropriation Ordinance to Effect a Portion of Water's Contribution to the Fiscal Years 2023-2027 Capital Improvement Program RECOMMENDAT ION: It is recommended that the City Council: 1. Authorize execution of a Settlement Agreement with Flow-Line Construction , Inc. in the amount of $340,000.00 for costs related to the construction of Churchill Road Water and Sanitary Sewer Improvements project (City Project No. 100888); and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water and Sewer Capital Projects Fund in the amount of $340,000.00, from available funds , for the purpose of funding the Churchill Road Water and Sanitary Sewer Improvements project (City Project No . 100888) to effect a portion of Water's contribution to the Fiscal Years 2023-2027 Capital Improvement Program. DISCUSSION: This Mayor & Council Communication (M&C) will authorize settlement agreement with Flow-Line Construction , Inc. (Flow-Line) in the amount of $340,000 .00 for additional costs related to the construction of Churchill Road Water and Sanitary Sewer Improvements . During the course of the contract , Flow-Line filed 5 contract cla ims seeking compensation or time relief for a litany of alleged items. The Water Department and Flow-Line negotiated each claim and , when able , resolved such claims v ia a change order or other accommodation . Not every element of every claim could be resolved , however, and as a result , mediation pursuant to the contract's terms was initiated . Flow-Line's demand at mediation was $644 ,417 .67. After protracted negotiations with the mediator, both parties agreed to settle the cla im for $340 ,000 .00 to avoid costly litigation. On September 24, 2019 , Mayor and Council Communication (M&C 19-0197) authorized a contract with Flow-Line Construction, Inc., (City Secretary Contract No. 52902) in the amount of $8 ,136,955.00 for the Churchill Road Water and Sanitary Sewer Improvements project. The agreement was subsequently revised by Change Order No. 1 with a net amount of $22,705 .70 , for special levee backfill material as required by the United States Army Corps of Engineers , relocation of a manhole at the levee and an additional storm water pollution prevention plan ; Change Order No. 2 in the amount of $405 ,066.09 for additional backfill material at the levee , installation of various sized ductile iron pipe encasing pipes , compensation for work required to clear a gas main conflict , and additional special backfill material due to unstable material encountered e lsewhere during construction ; Change Order No. 3 in the amount of $96 ,433 .89 for additional pavement quantities and the installation of additional 1-inch meters on the project ; and Change Order No . 4 in the amount of $218 ,287.50 for the replacement of a deteriorated sanitary sewer main discovered during construction , installation of an additional drop manhole , miscellaneous items to faci litate paving activities and additional traffic control to complete the project. Items which couldn 't be resol ved without the assistance of the mediator included: costs related to vertical tie down blocking on the 24-inch water main , reduction of a ll owable work hours to accommodate two Castleberry Independent School District schools located on Churchill Road , re- phasing the paving restoration work to accommodate Castleberry Independent School District traffic , and cement slurry to expedite the pa vement reconstruction process . 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 w ill appropriate funds in support of the Water's portion of the City of Fort Worth's Fiscal Years 2023-2027 Capital Improvement Program , as follows: G0FLOWLIN E SETT LEMEN T A G R EEME NT Cap ita l Pro j ect FY2 023 CIP Budget C hang e Revised F u n d Name Appropriations Au thority (Increase/Decrease) FY2023 Name Budget W&S 100888 - Capital Church Hill Projects RDWL& $0 .00 T his M&C $340 ,000 .00 $340 ,000 .00 -Fund ss 56002 lmprov Fund ing currently available in the Unspecified-All Funds project within the Water & Sewer Capital Projects Fund for the purpose of funding the Settlement Agreement for the Church Hill RD WL & SS lmprov project. Appropriations for ChurchHill RD W L & SS lmprov project are as depicted below : Fund W&S Capital Projects -Fund 56002 Water and Sewer $35 ,400 .00 Bond 2017 A -Fund $1 ,277 ,159.00 56011 W&S Water& Sewer Bond 2020A $8 ,903 ,938.00 -Fund 56017 Project Total $10 ,216,497.00 Additional Project Total* ppropriations $340 ,000 .00 $375,400.00 $0 .00 $1 ,277,159 .00 $0.00 $8 ,903 ,938.00 $340,0 *Numbers rounded for presentation purposes. This project is located in COUNCIL DISTRICT 2. 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 Unspecified -All Funds project within the W&S Capital Projects 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 Churchill RD WL & SS lmprov project for execution of the settlement agreement. Prior to an expenditure being incurred , the Water Department has the responsibility of verifying the availability of funds . Submitted for City Manager's Office by: Dana Burghdoff 8018 Originating Business Unit Head: Chris Harder 5020 Additional Information Contact: Tony Sholola 6054 Expedited