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Home My WebLink AboutOrdinance 26543-10-2023 1 I ORDINANCE NO.26543-10-2023 AN ORDINANCE ADJUSTING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE STORMWATER CAPITAL PROJECTS FUND, BY INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE FWCC VIOLA OUTFALL STORM DRAIN PROJECT (CITY PROJECT NO. 103264) IN THE AMOUNT OF $170,000.00 AND DECREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE WCC GRAND AVENUE PHASE 2 PART 2PROJECT(CITY PROJECT NO.103664)BY THE SAME AMOUNT;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 adjusted estimated receipts and appropriations in the Stormwater Capital Projects Fund, by increasing estimated receipts and appropriations in the FWCC Viola Outfall Stone Drain project(City Project No.103264)in the amount of$170,000.00 and decreasing estimated receipts and appropriations in the FWCC Grand Avenue Phase 2 Part 2(City Project No. 103664)by the same amount. 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 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 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which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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: CITY SECRETARY DBlack(Nov 6,202317:45 CST) V Jannette S. Goodall Assistant City Attorney City Secretary ADOPTED AND EFFECTIVE: October 17,2023 City of Fort Worth, Texas Mayor and Council Communication DATE: 10/17/23 M&C FILE NUMBER: M&C 23-0893 LOG NAME: 20SWM FWCC DESIGN CONTRACT AMENDMENT#3 SUBJECT (CD 2 and CD 9)Authorize Execution of Amendment No.3 to an Engineering Agreement with TranSystems Corporation d/b/a TranSystems Corporation Consultants,in the Amount of$945,458.00 for Design and Construction Phase Services on the Stormwater and Franchise Utility Relocations for the Trinity River Vision-Central City Project,Now Known as Fort Worth Central City Project,for a Revised Contract Amount of$2,290,967.00,Adopt Appropriation Ordinances and Amend the Fiscal Years 2024-2028 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of Amendment No.3 to City Secretary Contract No.55953,an Engineering Agreement with TranSystems Corporation d/b/a TranSystems Corporation Consultants,in the amount of$945,458.00 for stormwater relocations for the Fort Worth Central City project thereby increasing the contract amount to$2,290,967.00; 2. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Stormwater Capital Projects Fund by increasing estimated receipts and appropriations in Fort Worth Central City Bazaar Outfall Storm Drain project(City Project No. 103261)in the amount of$5,000.00 by decreasing estimated receipts and appropriations in Fort Worth Central City Grand Avenue Phase 2 Part 2(City Project No. 103664)by the same amount; 3. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Stormwater Capital Projects Fund by increasing estimated receipts and appropriations in Fort Worth Central City Viola Outfall Storm Drain project(City Project No. 103264)in the amount of$170,000.00 by decreasing estimated receipts and appropriations in Fort Worth Central City Grand Avenue Phase 2 Part 2(City Project No. 103664)by the same amount; 4. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Stormwater Capital Projects Fund by increasing estimated receipts and appropriations in Fort Worth Central City Cemetery Outfall Storm Drain project(City Project No.103667)in the amount of $290,000.00 by decreasing estimated receipts and appropriations in Fort Worth Central City Grand Avenue Phase 2 Part 2(City Project No.103664)by the same amount;and 5. Amend the Fiscal Years 2024-2028 Capital Improvement Program. i k DISCUSSION: i The purpose of this Mayor and Council Communication(M&C)is to recommend execution of Amendment No.3 to an Engineering Agreement(Agreement)with TranSystems Corporation d/b/a TranSystems Corporation Consultants(TranSystems Corporation),for design and construction phase services related to the relocation of City stormwater infrastructure for the Fort Worth Central City(FWCC)project. The construction of the north and south bypass channels by the United States Army Corps of Engineers(USAGE)for the FWCC projects will displace existing City drainage infrastructure and requires them to be relocated. On May 11,2021 (M&C 21-0328),the City Council authorized an agreement in the amount of$1,247,299.00 with TranSystems Corporation for design services on the FWCC project.This original engineering agreement has previously been revised by two administrative amendments.The amendments including the amendment requested with this M&C are summarized below: Greenleaf Bazaar Outfall Main St Outfall(103262 UniversityE(1032164)] Grand Ave(103664/ Cemetery/Houston Amendment (103260) (103261) /103666) (103263) 103665) (103667) Total Original $353,940.00 $255,644.40 $99,051.00 $288,518.40 $250,145.00 $0.00 $0.00 $1,247,298.80 Contract Amendment $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $44,160.00 $44,160.00 1 Amendment :$01-00 $0.00 $0.00 $0.00 $0.00 $54,050.00 $0.00 $54,050.00 2 amendment $175,189.00 $38,809.00 $144,713.00 $0.00[$:163:850.00 $135,513.00 $287,384.00 $945,458.00 Total $529,129.00 $294,453.40 — $243,764.00 $288,518.40 $413,955.00 $189,563.00 $331,544.00 $2,290,966.80 Amendment 3 will have$318,438.00 associated with additional design scope of work and archeological survey services completed under the lump sum portion of the current contract.The additional design services are for revisions to the Cemetery engineering plans as requested by USAGE,calculations related to the water quality devices being installed on the project,and the archeological survey is for additional environmental investigations being required by USAGE prior to construction commencing.The remaining$627,020.00 of Amendment 3 is fee associated with Construction Phase Services for the various stormwater relocations projects in this contract and will be invoiced hourly at a not to exceed amount of$627,020.00.The Construction Phase Services will allow the engineer of record to attend weekly site meetings,help address questions from the contractor,and provide expertise in the field.Additional franchise utility work is not included in Amendment 3. For this amendment of$945,458.00,$480,458.00 of this amount is already appropriated into the projects and the remaining amount of $465,000.00 will be appropriated with this M&C. The additional appropriations requested in this M&C are distributed between projects as shown below. Amendment 3 Greenleaf Bazaar Outfall Main St Outfall(103262/ Viola Grand Ave(103664/ Cemetery/Houston (103260) (103261) 103666) (103264) 103665) (103667) Stormwater Design $6,460.00 $4,400.00 $9,280.00 $6,460.00 -- $0.00 --$199,830.00 Fto rmwater Construction $136,423.00 $6,553.00 $135,433.00 F,544.00 $135,513.00 $87,554.00 vices [Archeological Survey $32,306.00 $27,856.00 �so .00 =s3 $0.00 $0.00 [Total $175,189.00 $38,809.00 =44,710 $163,850.00 $135,513.00 — — $287,384.00 Amendment Total $945,458.00 The following table illustrates the funding for this project: 103260- 103261 - 103262- 103264- 103664- 103665- 103666- 103667- Capital Fund Name FWCC FWCC FWCC Main FWCC Viola FWCC Grand FWCC Grand FWCC Main FWCC Total Greenleaf eaf Bazaar Outfall Street Outfall Outfall Avenue Avenue Street Outfall Cemetery&Houston 30104-Developer $58,065.00 $65,549.40 D$0-00 :$0-0011:$0.010 1_$01-00 $123,614.40 Contribution Fund 52002-Stormwater Capital Projects $101,261.00 $397.00 $0.00 $663.00 $9,384,000.00 $7,711,435.00 $7,489,000.00 $929.00 $24,687,685.00 Fund 52007-Stormwater Rev Bonds 2020 $393,675.00 $276,945.00 $185,901.00 $347,945.00 $2,648,711.02 $3,574,378.33 $2,828,000.00 $72,000.00 $10,327,555.35 Fund 52009-Stormwater Commercial Paper $7,237,351.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $7,237,351.00 Fund Budget Change(Increase/Decrease) $0.00 $5,000.00 $0.00 $170,000.00 ($465.000.00) $0. 00 $0.00 $2901000.00 $0.00 Ftal $7,790,352.00 $347,891.40 $185,901.00 $518,608.00 $11,567,711.02 $11,285,813.33 $10,317,000.00$362,929.00 $42,376,205.75 Staff considers the fee to be fair and reasonable for the scope of services provided. The entirety of the$2,290,967.00 amount of this contract,including the$945,458.00 of Amendment 3,are considered Fort Worth Central City-related work,which are eligible for funding from Tax Increment Reinvestment Zone No.9(Trinity River Vision TIF)pursuant to the Trinity River Vision Authority(TRVA)Project Plan. Having met its$26.6 million commitment to the TRVA Project,the Tarrant Regional Water District(TRWD)will reimburse the City's yearly expenses for this contract at the end of each Fiscal Year,up to the total amount of$2,290,967.00,in accordance with the provisions of the executed Interlocal Agreement between the City and the TRWD(City Secretary Contract No.43425).Staff will record a receivable every month for reimbursable expenses,and the FWCC Program Manager in the FW Lab Department will be responsible for collecting the full reimbursement from TRWD at the end of each Fiscal Year. Funding for this project was included in the FY2024-2028 Capital Improvement Program in the amount of$42,376,205.75.Additional funding in the amount of $465,000.00 is needed due to the addition of construction administration and additional design services under the current contract.The action of this M&C will amend the FY 2024-2028 Capital Improvement Program as approved in connection with Ordinance 26453-09-2023. M/WBE OFFICE-TranSystems Corporation is in compliance with the City's Business Equity Ordinance by committing to 10%MWWBE participation on this project. The City's MWBE goal on this project is 6%. This project is located in COUNCIL DISTRICTS 2 and 9. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are currently available in the FWCC Grand Ave Ph2 Pt2 project within the Stormwater Capital Projects Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinances,funds will be available in the Stormwater Capital Projects Fund for the FWCC Bazaar Outfall,FWCC Viola and FWCC Cemetery Outfall&Houstn projects to support the above recommendations and execution of the amendment. Prior to an expenditure being incurred,the Transportation&Public Works Department has the responsibility of verifying the availability of funds. Submitted for City Manager's Office by: William Johnson 5806 Originating Business Unit Head: Lauren Prieur 6035 Additional Information Contact: Linda Young 2485 i i