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HomeMy WebLinkAboutOrdinance 27313-11-2024Ordinance No. 27313-11-2024 AN ORDINANCE ADJUSTING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE STORMWATER CAPITAL PROJECTS FUND, BY INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE FORT WORTH CENTRAL CITY VIOLA OUTFALL PROJECT (CITY PROJECT NO. 103264) IN THE AMOUNT OF $50,000.00 AND DECREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE FORT WORTH CENTRAL CITY GREENLEAF PROJECT (CITY PROJECT NO. 103260) 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 2024-2025, as enacted by Ordinance 27107-09- 2024, as amended, is hereby further amended to make the following adjustments to estimated receipts and appropriations in the Stormwater Capital Projects Fund, by increasing estimated receipts and appropriations in the Fort Worth Central City Viola Outfall project (City Project No.103264) in the amount of $50,000.00 and decreasing estimated receipts and appropriations in the Fort Worth Central City Greenleaf project (City Project No. 103260) 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 noway 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 27107-09-2024 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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: Douglas Black (Nov 25, 202422:52 CST) Assistant City Attorney ADOPTED AND EFFECTIVE: NOVEMBER 19, 2024 CITY SECRETARY oa�.h Az'-� Jannette S. Goodall City Secretary da frOR7- �a IO� 6 00°°0"O� a ° 4�1��� ° dVc 0 ¢a� 0 *Aliv a��, Exo-cl 41 Mayor & Council Map FORT WORTH: FWCC Downtown Design I Contract Amendment #6 Storm Drain Projects I CD #2. 7. 9 � . - * Project Extent Council Districts 4' 2-Carlos Flores I j 7 - Macy Hill 4 9 -Elizabeth M. 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The Cityof r-ort Kbrth assumes noresponsithity for the accuraryafsalddata City of Fort Worth, 'Texas Mayor and Council Communication DATE: 11/19124 M&C FILE NUMBER: M&C 24-1029 LOG NAME: 20SWM FWCC DESIGN CONTRACT AMENDMENT #6 SUBJECT (CD 2 and CD 9) Authorize Execution of Amendment No. 6 to an Engineering Services Agreement with TranSystems Corporation, dlbla TranSystems Corporation Consultants, in the Amount of $440,550.00 for a Total Revised Contract Amount of $2,831,372.00 for the Design and Construction Phase Services on the Stormwater and Franchise Utility Relocations for the Fort Worth Central City Project, Adopt Appropriation Ordinance and Amend Fiscal Years 2025-2029 Capital Improvement Program Ia-CLGLO1uI&L4. jo a1Wa, It is recommended that the City Council: 1. Authorize the execution of an Amendment to an Engineering Agreement with TranSystems Corporation, dlbla TranSystems Corporation Consultants (City Secretary Contract No. 55953), in the amount of $440,550.00 for a total revised contract amount of $2,831,372.00 for the stormwater relocations for the Fort Worth Central City project; 2. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Stormwater Capital Projects Fund by increasing estimated receipts and appropriations in the Fort Worth Central City Viola Outfall project (City Project Number 103264) in the amount of $50,000.00 and decreasing estimated receipts and appropriations in the Fort Worth Central City Greenleaf project (City Project Number 103260) by the same amount; and 3. Amend the Fiscal Years 2025-2029 Capital Improvement Program. DISCUSSION: On May 11, 2021, the City Council approved Mayor and Council Communication (M&C) 21-0328 which, authorized an agreement in the amount of $1,247,299.00 with TranSystems Corporation dlbla TranSystems Corporation Consultants for design services on the Fort Worth Central City (FWCC) Project. This original engineering agreement has been revised by five amendments —Amendments 1, 2, 4 and 5 were administratively approved and Amendment 3 was approved by M&C 23- 0893. This M&C is to authorize execution of Amendment No. 6 to the Engineering Agreement in the amount of $440,550.00 for design and construction phase services related to the relocation of City stormwater infrastructure for the Fort Worth Central City (FWCC) project. The revised total contract amount will increase to $2,831,372.00. The construction of the north and south bypass channels by the United States Army Corps of Engineers (USACE) for the FWCC project will displace existing City drainage infrastructure and require it to be relocated in advance. This amendment will include $90,560.00 for the additional design scope of work needed for the final design associated with the Bazaar Outfall structure. The remaining $349,990.00 of this amendment is for the fee associated with the Construction Phase and Management Services for the various stormwater relocation projects in this contract The Construction Phase Services will provide a full-time construction manager who will assist the engineer of record in attending weekly site meetings, helping address questions from the contractor, and providing expertise in the field. Funding for submittal reviews by a tunneling engineer has also been included in this amendment. The work included in this amendment will help advance the stormwater projects as quickly as feasible, considering the schedule of the USACE bypass channel construction. Amendment 6 is being paid from previous appropriations within the projects summarized below: Greenleaf Bazaar Main St Outfall University Viola Grand Ave Cemetery) Amendment (103260) Outfall (1032621 (103263) (103264) (10366 Houston Total (70321) 103666) 103665) (103667) Original Contract $353,940.00$255,644.00 $99,051.00 $288,518.40 $250,145.00 $0.00 $0.00 $1,247,298.40 Amendment $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $44,160.00 $44,160.00 1 Amendment 2 $0.00 $0.00 $0.00 $0.00 $0,00 $54,050.00 $0.00 $54,050.00 Amendment 3 $175,189.00 $38,809.00 $144,713.00 $0.00 $163,850.00 $135,513.00 $287,384.00 $945,458.00 Amendment 4 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Amendment 6 scope of work summarized below: Amendment 6 Total Stormwater $90.560.00 Design Construction $71,260.00 Phase Services Construction $253,530.00 Management Construction Phase Services $24,000.00 (Sub Tunneling) Sub Management $1,200.00 Amendment $440,550.00 Total The following table Illustrates the funding for this project: 103260 - 103261 - 103262 - 103264 - 103664 - 103665 - 103666 - 103667 - Capital Fund FWCC FWCC FWCC Main FWCC Viola FWCC Grand FWCC Grand FWCC Main FWCC Total Name Greenleaf Bazaar Street Outfall Avenue Avenue Street Outfall Cemetery & Sump Outfall Outfall Houston 30104 - Developer $58,065.00 $65,549.40 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $123.614.40 Contribution Fund 52002 - Stormwater Capital Projects $856,261.00 $5,397.00 $0.00 $170,663.00 $8,119,000.00 $6,956,435.00 $7,489,000.00 $290,929,00$23,887,685.00 Fund 52007 - Stormwater Rev Bonds 2020 $3,393,675.00 $276,945.00 $185,901.00 $347,945.00 $1,848,711.02 $574,378.33 $2,828,000.00 $72,000.00 $9,527,555.35 Fund 52008 - Drainage Rev Bonds Series $1,000,000.00 $1,000,000.00 $0.00 $6,658,654.00 $3,000,000.00 $1.000,000.00 $2,000,000.00 $1,000,000.00 $15,658,654.00 2023 52009 - Stormwater Commercial Paper, $7,237,351.00 $0.00 $0.00 $0.00 $11,594.739.00 $10.958.645.00 $9,917,668.00 $0.00 $39,708,403.00 Fund Budget Change (Increase/Decrease) ($50,000.00) $0.00 $0.00 $50,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total $12,495,352.00 $1,347,891.40 $185,901.00 $7,227,262.00 $24,662,450.02 $19,489,458.33 $22,234,668.00 $1,362,929.00 $88,905,911.75 Funding for this project was included in the FY2025-2029 Capital Improvement Program for year 2025. Accelerated funding is needed for this project due to additional design phase, construction phase, and construction management services under the current contract The action in this M&C will amend the FY2025- 2029 Capital Improvement Program as approved in connection with Ordinance 27107-09-2024. Funding is budgeted in the Stormwater Capital Projects, Drainage Rev Bonds Series 2023, Stormwater Rev Bonds 2020, and the Stormwater Commercial Paper Funds for the TPW Dept Highway & Streets Department for the purpose of funding the various FWCC projects. Staff considers the fee to be fair and reasonable for the scope of services provided. The entirety of the $2,831,372.00 amount of this contract, including the $440,550.00 of this amendment, is considered Fort Worth Central City -related work, which is eligible for funding reimbursement 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 intedocal agreement between the City and the TRWD (City Secretary Contract No. 43425). This is confirmed with the reimbursement letter dated September 28, 2023. 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. Since the City has exhausted the share of the local program budget allocated to Stormwater infrastructure relocation, the additional $540,405.00 casts associated with this amendment and Amendment 5 will not be included in the annual reimbursement process between the City and the TRWD. Rather, costs for this contract will be eligible for reimbursement directly from future Trinity River Vision TIF revenue after prior commitments of the TIF have been satisfied. Once reimbursement assodated with this project is received, those funds will be used to reimburse the Stormwater Utility Fund. This future reimbursement of $540,405.00 will be documented in a reimbursement letter between the City and TRWD upon approval of this M&C. Because annual reimbursement by TRWD is not available for this amendment, Commercial Paper cannot be used to advance the funding. Instead, as depicted in the tables above, the majority of the initial funding for the project will be reallocated from the Stormwater Program's 2023 Revenue Bonds. Business Equity Office - TranSystems agrees to maintain its initial MANSE commitment of 10% that it made on the original agreement and extend and maintain that same MAWE commitment of 10% to all prior amendments up to and inclusive of this Amendment No. 6. Therefore TranSystems remains in compliance with the City's MIWBE Ordinance and attests to its commitment by its signature an the Acceptance of Previous MANSE Commitment form executed by an authorized representative of its company. This project is located in COUNCIL DISTRICTS 2 and 9. FISCAL. INFORMATION I CERTIFICATION: The Director of Finance certifies that funds are currently available in the FWCC 5th St Greenleaf Sump project within the Stormwater Capital Projects Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the Stormwater Capital Projects Fund for the FWCC Viola project and in the Drainage Rev Bonds Series 2023 Fund for the F1NCC Bazaar Outtall and FWCC Viola projects and in the Stormwater Rev Bonds 2020 far the FWCC New Main St Outfall & 8 project and in the Stormwater Commercial Paper Fund for the FWCC Grand Ave Ph2 Pt 2 project to support the above recommendations and execution of the amendment. Priorto an expenditure being incurred, the Transportation & Public Works Department has the responsibility of verifying the availability of funds. Submitted for Cft Manager's Office by,• Jesica McEachem 5804 Originating Business Unit Head: Lauren Prieur 6035 Additional Information Contact: Thanaa Maksimos 2485 Expedited