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Home My WebLink AboutOrdinance 26698-01-2024 Ordinance No. 26698-01-2024 AN ORDINANCE ADJUSTING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE DRAINAGE REV BONDS SERIES 2023 FUND, BY INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE FWCC VIOLA STORM DRAIN PROJECT (CITY PROJECT NO, 103264) IN THE AMOUNT OF $5,658,654.00 AND DECREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE SW HAZARDOUS RD OVERTOPPING PROGRAMMABLE PROJECT (CITY PROJECT NO. P00120) 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 the budget of the City of Fort Worth for Fiscal Year 2023-2024, as enacted by Ordinance 26453-09- 2023,as amended,is hereby further amended to make the following adjustments in the Drainage Rev Bonds Series 2023 Fund: increasing estimated receipts and appropriations in the FWCC Viola Storm Drain project (City Project No. 103264) in the amount of $5,658,654.00 and decreasing estimated receipts and appropriations in the SW Hazardous Rd Overtopping programmable(City Project No.P00120)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 j for any reason by a court of competent jurisdiction,such decision,opinion or judgment shall in no way impair I 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which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. I SECTION 4. This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: CITY SECRETARY oa°�vuRr nn�>Z � o� Mack(Feb 1,202417:43 CST) r O Jannette S.Goodall P( °-d 0 o p Assistant City Attorney City Secretary �� *o0 00*� 0 ADOPTED AND EFFECTIVE:January 23,2024 rllko� • �. •. " lin O� � I CALVERT co •' _ ! - AW ! ti WHITE'SETTLEMENTZ ✓ afr�r� SON ' , W r s s` ':r - ' to 61 WHITMORE:f: W 3�_ W V eml ' ( KANSAL ASisi{�: • • t r a �KANSAS� KANSAS ;ii��t�1. OCC W . �Q •`:A� I,•,•. f. f '' •'' � 4�j; � , PGA �� tP; / J DAKOTA /O�QS 5TH ut LL. E =5 . .1 i STH TH*go 18a e- City of Fort Worth,Texas Mayor and Council Communication DATE: 01/23/24 M&C FILE NUMBER: M&C 24-0081 LOG NAME: 20SWM FWCC VIOLA STORM DRAIN CONSTRUCTION2 SUBJECT (CD 9)Authorize Execution of a Contract with Fort Worth Civil Constructors LLC,in the Amount of$5,996,729.00 for Construction of the Fort Worth Central City Viola Storm Drain Project,Adopt Appropriation Ordinance to Shift Funding to the Project until Reimbursement from the Tax Increment Reinvestment Zone becomes Available,and Amend the Fiscal Years 2024-2028 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of a contract with Fort Worth Civil Constructors LLC,in the amount of$5,996,729.00,for construction of the Fort Worth Central City Viola Storm Drain project(City Project No. 103264); 2. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Drainage Rev Bonds Series 2023 Fund by increasing estimated receipts and appropriations in the FWCC Viola Storm Drain project(City Project No.103264)in the amount of $5,658,654.00 and decreasing estimated receipts and appropriations in the SW Hazardous Rd Overtopping programmable project(City Project No.P00120)by the same amount to provide funding for Viola project until reimbursement from the Tax Increment Reinvestment Zone becomes available;and 3. Amend the Fiscal Years 2024-2028 Capital Improvement Program. DISCUSSION: Approval of this Mayor and Council Communication(M&C)will authorize a contract for construction services related to the Fort Worth Central City (FWCC)Viola Storm Drain project and make supporting appropriation adjustments. The Transportation and Public Works(TPW)Department Stormwater Program is advancing the funding for the FWCC Viola Storm Drain project and is expected to be reimbursed directly from future revenues from Tax Increment Finance(TIF)District 9.This project will involve the installation of a new storm drain line and replacement of 5 inlets as indicated at the locations below,in preparation for the South Bypass Channel planned by the United States Army Corps of Engineers(USACE).The project will begin at the intersection of Kansas Street and Commercial Street and outfall into existing Trinity River,approximately Y4 mile southeast of this intersection.The below table outlines the project limits and the scope of +work. Location ( From To ( Scope of work Commercial St/ Storm Drain and Kansas St Kansas St 110 ft E replacement of 3 inlets Intersection Kansas St Kansas SU Viola St 40 ft NE Storm Drain Line and replacement of 2 inlets Kansas St Kansas St/Viola St 170 ft SE Storm Drain Line into outfall The project was advertised for bids on November 22nd and November 30th,2023 in the Fort Worth Star-Telegram.On December 14th,2023,tt Ifollowing bids were received. Bidder ` Base Bid ( Alternate Bid Fort Worth Civil Constructors $6,996,854.00 $5,996,729.00 LLC Circle C Construction $6,947,470.00 $6,553,720.00 Bidder Base Bid Alternate Bid I I Western Municipal $6,496,357.70 $6,620,694.15 Construction of TX LLC Funding for the FWCC Viola Storm Drain project is depicted below: Fund Existing Additional Project Total Appropriations Appropriations 52002—Stormwater $170,663.00 $0.00 $170,663.00 Capital Projects 52007-Stormwater $347,945.00 $0.00 $347,945.00 Rev Bonds 2020 52008-Drainage Rev Bonds Series $1,000,000.00 $5,658,654.00 $6,658,654.00 2023 Total $1,518,608.00 $5,658,654.00 $7,177,262.00 Funding for this project was included in the Fiscal Years(FY)2024-2028 Capital Improvement Program in the amount of$1,518,608.00.Additional funding in the amount of$5,658,654.00 is needed for construction.The action of this M&C will amend the FY 2024-2028 Capital Improvement Program as approved in connection with Ordinance 26453-09-2023. Budget Capital Fund Project FY2024 CIP Change Revised Name Name Authority (increase/ FY2024 Appropriations Budget Decrease) Fund 52008—103264— Stormwater FWCC Viola $1,000,000.00 This M&C $5,658,654.00 $6,658,654.000 Capital Storm Drain Projects Total $1,000,000.00 $5,658,654.00 $6,658,654.00 The$5,996,729.00 amount of this contract,the$60,000.00 material testing fee(to be performed by a geotechnical testing firm),and the $120,000.00 inspection fee(to be performed by an inspection firm)are considered FWCC-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.An additional $298,488.00 in construction contingencies have been added into the project,which may be used if additional proceeds are needed for FWCC- related work. If utilized for a reimbursement-eligible expense,the contingency costs would also be reimbursable. Having exhausted the share of the local program budget allocated to Stormwater infrastructure relocation,costs for this contract will not be included in the annual reimbursement process between the City and the Tarrant Regional Water District(TRWD). Rather,costs for this contract w be eligible for reimbursement directly from future Trinity River Vision TIF revenue after prior commitments of the TIF have been satisfied. Once reimbursement associated with this project is received,those funds will be used to reimburse the Stormwater utility. Also,$90,000.00 in city staff time for project oversight and contract management will be added,which is non-reimbursable by TRWD or the TIF. Because annual reimbursement by TRWD is not available for this project,Commercial Paper cannot be used to advance the funding. Instead,w depicted in the tables above,much of the initial funding for the project will be reallocated from the Stormwater Program's 2023 Revenue Bonds. The City is looking for potential alternative funding sources for the project to reduce planned stormwater project delays due to funding reallocatior since reimbursement will not happen until TIF revenue prior commitments have been satisfied. In addition to this,previously allocated design related expenses(per M&C's 21-0328&21-0508&23-0893)have totaled$381,251.00,An administrative zero-dollar amendment to M&C 21-0508 reduced the design related fees by$5,000,00. Additional project management and construction administration expenses for both TranSystems and Shield Engineering are anticipated to be$230,794.00 and would generally also be eligible for reimbursement. The following chart depicts the initial funds allocated,anticipated reimbursements,and anticipated ultimate net costs to the City. City of Fork Worth Anticipated Anticipated FinalCity of Fort Worth Upfront Funding TIF Reimbursement Cost Construction $5,996,729.00 $5,996,729.00 $0,00 Contingency $298,488,00 $298,488.00 $0.00 Material Testing $60,000.00 $60,000.00 $0.00 Inspection $120,000.00 $120,000.00 $0.00 City Staff Time $90,000.00 $0.00 $90,000,00 Design Phase $381,251.00 $381,251.00 $0.00 Construction Administration $230,794.00 $230,794.00 $0.00 Total $7,177,262.00 $7,087,262.00 $90,000.00 Fort Worth Civil Constructors,LLC is in compliance with the City's Business Equity Ordinance by committing to 20%MWBE participation on this project.The City's MWBE goal on this project is 20%. Due to TRWD water quality regulations associated with the outfall locations of these storm drain improvements,this project will install specialized water quality treatment inlet devices in multiple inlets which will require a higher level of maintenance than the existing system's inlets.This additional maintenance is expected to cost Stormwater field operations an additional$1,500.00/year to maintain.Construction is expected to start in February 2024 and be completed by October 2024. Funding is budgeted in the SW Hazardous Rd Overtopping programmable project within the Drainage Rev Bonds Series 2023 Fund for the purpose of funding the FWCC Viola project, This project is located in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are currently available in the SW Hazardous Rd Overtopping programmable project in the Drainage Rev Bonds Series 2023 Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance,funds will be available in the Drainage Rev Bonds Series 2023 Fund for the FWCC Viola project to support the above recommendations and execution of the contract.Prior to any expenditure being incurred,the Transportation&Public Works Department has the responsibility to validate 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