HomeMy WebLinkAboutOrdinance 20123-03-2012Ordinance No. 20123 -03 -2012
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE SPECIALLY FUNDED CAPITAL PROJECTS FUND IN
THE AMOUNT OF $2,000,000.00, FROM AVAILABLE FUNDS, FOR THE PURPOSE
OF EXECUTING A CONTRACT WITH THOS. S. BYRNE, LTD. TO DESIGN AND
BUILD AN ENHANCED NEIGHBORHOOD FAMILY AQUATIC CENTER AT
MARINE PARK; 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 2011 -2012 in the
Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the
Specially Funded Capital Projects Fund in the amount of $2,000,000.00, from available funds, for the
purpose of executing a contract with Thos. S. Byrne, Ltd. to design and build an Enhanced Neighborhood
Family Aquatic Center at Marine Park.
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. 19911 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ordinances and appropriations are hereby expressly repealed.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.
APPROVW AS TO FORM AND LEGALITY:
Assistan City Attorney
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/20/2012 - Ordinance No. 20123 -03 -2012
DATE: Tuesday, March 20, 2012 REFERENCE NO.: C -25513
LOG NAME: 80MARINE2013
SUBJECT:
Authorize Execution of a Design -Build Contract in the Guaranteed Maximum Price in the Amount of
$3,225,905.00 with Thos. S. Byrne, Ltd., to Design and Build the Enhanced Neighborhood Family Aquatic
Center at Marine Park Located in the 300 Block of NW 20th Street, Authorize Transfer of $2,000,000.00
from the Capital Projects Reserve Fund to the Specially Funded Capital Projects Fund and Adopt
Appropriation Ordinance (COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize transfer of $2,000,000.00 from the Capital Projects Reserve Fund to the Specially Funded
Capital Projects Fund;
2. Adopt attached Appropriation Ordinance increasing estimated receipts and appropriations in the
Specially Funded Capital Projects Fund by $2,000,000.00 from available funds; and
3. Authorize execution of a Design -Build Contract in the guaranteed maximum price in the amount of
$3,225,905.00 with Thos. S. Byrne, Ltd., to design and build an Enhanced Neighborhood Family Aquatic
Center at Marine Park.
DISCUSSION:
The purpose of this Mayor and Council Communication is to award a Design -Build (D -B) Contract in the
Guaranteed Maximum Price (GMP) amount of $3,225,905.00 to Thos. S. Byrne, Ltd., for the design and
construction of an Enhanced Neighborhood Family Aquatic Center ( ENFAC) at Marine Park and to
authorize transfer of $2,000,000.00 from the Capital Projects Reserve Fund to the Specially Funded
Capital Projects Fund.
In October 2011, the Budget Office identified $2,000,000.00 in Capital Projects Reserve Fund for design
and development of a new aquatics facility at Marine Park. This funding was part of a $10,000,000.00
transfer of general funds to Capital Projects Reserve Fund as approved by City Council on December 14,
2010 (M &C G- 17155).
On December 13, 2011, (M &C C- 25370) the City Council authorized the Change in Use and expenditure
of $1,850,000.00 of Community Development Block Grant (CDBG) funds for the construction of a new
ENFAC at Marine Park. A public comment period concerning the Change in Use of these funds was held
from October 29, 2011 to November 28, 2011. These funds will be leveraged with the $2,000,000.00 in
Capital Projects Reserve Fund (CPRF) for a total project budget of $3,850,000.00.
The Marine Park ENFAC Project consists of the demolition and removal of the existing pool facility and the
construction of a new pool and bathhouse. The new facility has an estimated service radius of 3 to 5
Logname: 80MARINE2013 Page 1 of 3
miles. ENFAC features include but are not limited to:
• Zero beach entry;
• A participatory play feature for children;
• Spraying water;
• Waterslide(s);
• Lap lanes /water fitness area;
• A bathhouse, locker rooms and showers; and
• Shelter
The Project will be the City's first Enhanced Neighborhood Family Aquatic Center and is scheduled to
open and be fully operational by May 25, 2013. Because of the ambituous construction schedule, staff
determined that the only viable procurement option was Design -Build (D -B), which is one of several
contracting and delivery procedures for construction projects authorized by Chapter 2267 of the Texas
Government Code. Under a D -B model, the government entity contracts with a single entity that provides
both design and construction services. For projects on a tight timeline, the D -B procurement method
generally results in a quicker, more seamless delivery with fewer change orders and delays than those
typically associated with a traditional design- bid -build method.
The Request for Statements of Qualification from D -B firms was advertised in the Fort Worth Star -
Telegram on November 10, 2011 and November 17, 2011, 12 firms responded. The selection panel
shortlisted three firms and issued a Request for Proposals to each, which included a more detailed scope
of services. Upon receiving their proposals, interviews were held with each of the three companies on
January 30, 2012. The selection committee assigned points for each proposer based on
competence /experience, qualifications of the D -B team members, facility features, project budget, project
management and scheduling (including Final Guaranteed Maximum Price), M /WBE participation, and
experience with federally funded projects. Based on evaluation of the listed performance -based factors,
Thos. S. Byrne, Ltd., received the most points and was selected as the top ranked D -B firm based on the
demonstrated ability to design and build the ENFAC Project within the GMP, their level or experience on
similar projects, ability to meet this project design and construction schedule and M /WBE participation.
The overall cost of the project is:
Design -Build Contract $3,225,905.00
(Includes Preconstruction Services of $282,700.00)
10 percent Contingency, Geotech, Survey, Administration $ 624,095.00
Total $3,850,000.00
Thos. S. Byrne, Ltd., a certified M /WBE firm, is in compliance with the City's M /WBE Ordinance by
committing to 20 percent M /WBE participation on the design phase and 21 percent M /WBE participation
on the construction phase of this D -B Project. The City's M /WBE goal on the design phase is 18 percent
and on the construction phase is 21 percent.
The estimated annual revenue to be generated is $157,198.00 and the impact on the annual operating
budget will total $220,670.00, with costs broken down as follows:
1. PACSD operating and maintenance -- $215,670.00
2. TPW Facilities annual maintenance of physical plant -- $5,000.00
Logname: 80MARIN E2013 Page 2 of 3
Marine Park is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations
and adoption of the attached appropriation ordinance, funds will be available in the current capital budget,
as appropriated, of the Grants Fund and the Specially Funded Capital Projects Fund.
FUND CENTERS:
TO Fund /Account/Centers
1 &2)C291 476010 8025801831 Z
2)
C291
511010
802580183130
2)
C291
531200
802580183130
2)
C291
531350
802580183130
2)
C291
539120
802580183130
2)
C291
531060
802580183130
2)
C291
511060
202580183130
2)
C291
541200
802580183180
2)
C291
511080
202580183180
CERTIFICATIONS:
FROM Fund /Account/Centers
$2,000,000.00 3) C291 541200 802580183180
$10,000.00 1) GC10 538040 013010001000
$300,000.00 3) GR76 541600 080206005920
500.00
$50,000.00
$100,000.00
$10,000.00
$1,500,000.00
$29,500.00
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
Susan Alanis (8180)
Richard Zavala (5704)
Scott Penn (5750)
$1,375,905.00
$2,000,000.00
$1,850,000.00
Logname: 80MARINE2013 Page 3 of 3