HomeMy WebLinkAboutOrdinance 20274-07-2012Ordinance No. 20273 -07 -2012
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE LAKE WORTH GAS LEASE CAPITAL IMPROVEMENT
FUND IN THE AMOUNT OF $221,790.00, FROM AVAILABLE FUNDS, FOR THE
PURPOSE OF ENGINEERING AND CONSTRUCTION SERVICES ASSOCIATED
WITH THE LAKE WORTH DREDGING PROJECT PHASE 2; 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 Lake
Worth Gas Lease Capital Improvement Fund in the amount of $221,790.00, from available funds, for the
purpose of engineering and construction services associated with the Lake Worth Dredging Project Phase 2.
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.1 99 1 1 -09 -20 1 1 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of said prior ordinances and appropriations are hereby expressly repealed.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:
Assistant Oty Attorney
ADOPTED AND EFFECTIVE: July 10, 2012
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: Tuesday, July 10, 2012 REFERENCE NO.: * *C -25705
LOG NAME: 60FREESE AND NICHOLS LAKE WORTH DREDGING DESIGN PH 2
SUBJECT:
Authorize Execution of Engineering Agreement with Freese and Nichols, Inc., in the Amount of
$221,790.00 for Engineering and Design Services for the Lake Worth Dredging Project Phase 2 and Adopt
Appropriation Ordinances (COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Lake Worth Gas Lease Capital Improvement Fund in the amount of $221,790.00 from Gas Well
Revenues;
2. Authorize the transfer of $221,790.00 from the Lake Worth Gas Lease Capital Improvement Fund to
the Water Capital Projects Fund;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Water Capital Projects Fund in the amount of $221,790.00; and
4. Authorize the execution of a contract with Freese and Nichols, Inc., for engineering and construction
services associated with the Lake Worth Dredging Project Phase 2 in the amount of $221,790.00.
DISCUSSION:
On January 8, 2008, the City Council amended the Gas Well Revenue Distribution Policy to allow for
revenues derived from lease bonuses and royalties from properties in and around Lake Worth to be used
for the execution of the 2007 Lake Worth Capital Improvements Implementation Plan. One of the major
projects of this plan is the Lake Worth Dredging Project.
On December 16, 2008, (M &C C- 23262) the City Council authorized an Engineering Agreement with
Freese and Nichols, Inc., in the amount of $1,519,279.00 for the initial design of the Lake Worth Dredging
Project. During permitting review with the Army Corps of Engineers (ACOE) it became apparent that
additional work would be required for a number of the dredge areas due to their proximity to wetlands or
shoreline habitat. In addition the engineers' cost estimate for the entire dredging project exceeded
available funds. In order to allow the majority of the dredging project to proceed with final permitting and
solicitation of bids the decision was made to split the dredging project into two phases. Phase 1 would be
designed to stay within the available funds and include those areas in the main body of the lake that did
not have any wetland or shoreline habitat impacts. Phase 2 would include the remaining designated
dredging areas.
Logname: 60FREESE AND NICHOLS LAKE WORTH DREDGING DESIGN PH 2 Page 1 of 2
On January 10, 2012, (M &C C- 24402) the City Council awarded a contract to Great Lakes Dredge and
Dock Company in the amount of $12,496,904.00 for the dredging of the Phase 1 areas at Lake Worth.
Freese and Nichols, Inc., then began the permitting application process with the ACOE for the Phase
areas. On April 11, 2012 the ACOE approved the permit for the Phase 2 areas at Lake Worth. 2
Under the proposed contract for the Lake Worth Dredging Design Phase 2 Freese and Nichols, Inc., will
provide design . and construction phase services for the Phase 2 dredging areas at Lake Worth. In addition
they will also develop a Lake Worth Dam Operations and Maintenance Manual required by the Texas
Commission on Environmental Quality. The fees for services for this contract are as follows:
Phase 2 Final Design
Construction Phase Services
Lake Worth Dam O &M Manual
Total Contract Amount
$ 76,238.00
$121,822.00
$ 23, 730.00
$221,790.00
Freese and Nichols, Inc., is in compliance with the City's M /WBE Ordinance by committing to nine percent
M /WBE participation. The M/WBE goal for this project is nine percent.
This project is located in COUNCIL DISTRICT 7.
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 Water Capital Projects Fund.
FUND CENTERS:
TO Fund /Account/Centers
1) C246 538070 601159990100
1) C246 446100 601159990100
2 &3) P253 472246 607560116630
3) P253 531200 607560116630
FROM Fund /Account/Centers
$221190.00 2) C246 538070 601159990100
$221290.00 4) P253 531200 607560116630
$221.790.00
$221.790.00
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
Fernando Costa (6122)
S. Frank Crumb (8207)
Paul Bounds (8567)
$221.790.00
$221.790.00
Logname: 60FREESE AND NICHOLS LAKE WORTH DREDGING DESIGN PH 2 Page 2 of 2
Ordinance No. 20274 -07 -2012
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE WATER CAPITAL PROJECTS FUND IN THE AMOUNT
OF $221,790.00, FROM AVAILABLE FUNDS, FOR THE PURPOSE OF
ENGINEERING AND CONSTRUCTION SERVICES ASSOCIATED WITH THE
LAKE WORTH DREDGING PROJECT PHASE 2; 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 Water
Capital Projects Fund in the amount of $221,790.00, from available funds, for the purpose of engineering
and construction services associated with the Lake Worth Dredging Project Phase 2.
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 -09 -2011 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:
OAAA,�--Fz�'
Assistant Cky Attorney
ADOPTED AND EFFECTIVE: July 10, 2012
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60FREESE AND NICHOLS
LAKE WORTH DREDGING DESIGN PH 2
City of Fort Worth, Texas
Mayor and Council Communication
DATE: Tuesday, July 10, 2012 REFERENCE NO.: * *C -25705
LOG NAME: 60FREESE AND NICHOLS LAKE WORTH DREDGING DESIGN PH 2
SUBJECT:
Authorize Execution of Engineering Agreement with Freese and Nichols, Inc., in the Amount of
$221,790.00 for Engineering and Design Services for the Lake Worth Dredging Project Phase 2 and Adopt
Appropriation Ordinances (COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Lake Worth Gas Lease Capital Improvement Fund in the amount of $221,790.00 from Gas Well
Revenues;
2. Authorize the transfer of $221,790.00 from the Lake Worth Gas Lease Capital Improvement Fund to
the Water Capital Projects Fund;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Water Capital Projects Fund in the amount of $221,790.00; and
4. Authorize the execution of a contract with Freese and Nichols, Inc., for engineering and construction
services associated with the Lake Worth Dredging Project Phase 2 in the amount of $221,790.00.
DISCUSSION:
On January 8, 2008, the City Council amended the Gas Well Revenue Distribution Policy to allow for
revenues derived from lease bonuses and royalties from properties in and around Lake Worth to be used
for the execution of the 2007 Lake Worth Capital Improvements Implementation Plan. One of the major
projects of this plan is the Lake Worth Dredging Project.
On December 16, 2008, (M &C C- 23262) the City Council authorized an Engineering Agreement with
Freese and Nichols, Inc., in the amount of $1,519,279.00 for the initial design of the Lake Worth Dredging
Project. During permitting review with the Army Corps of Engineers (ACOE) it became apparent that
additional work would be required for a number of the dredge areas due to their proximity to wetlands or
shoreline habitat. In addition the engineers' cost estimate for the entire dredging project exceeded
available funds. In order to allow the majority of the dredging project to proceed with final permitting and
solicitation of bids the decision was made to split the dredging project into two phases. Phase 1 would be
designed to stay within the available funds and include those areas in the main body of the lake that did
not have any wetland or shoreline habitat impacts. Phase 2 would include the remaining designated
dredging areas.
Logname: 60FREESE AND NICHOLS LAKE WORTH DREDGING DESIGN PH 2 Pagel of 2
On January 10, 2012, (M &C C- 24402) the City Council awarded a contract to Great Lakes Dredge and
Dock Company in the amount of $12,496,904.00 for the dredging of the Phase 1 areas at Lake Worth.
Freese and Nichols, Inc., then began the permitting application process with the ACOE for the Phase 2
areas. On April 11, 2012 the ACOE approved the permit for the Phase 2 areas at Lake Worth.
Under the proposed contract for the Lake Worth Dredging Design Phase 2 Freese and Nichols, Inc., will
provide design and construction phase services for the Phase 2 dredging areas at Lake Worth. In addition
they will also develop a Lake Worth Dam Operations and Maintenance Manual required by the Texas
Commission on Environmental Quality. The fees for services for this contract are as follows:
Phase 2 Final Design
Construction Phase Services
Lake Worth Dam O &M Manual
Total Contract Amount
$ 76,238.00
$121,822.00
$ 23,730.00
$221,790.00
Freese and Nichols, Inc., is in compliance with the City's M /WBE Ordinance by committing to nine percent
M /WBE participation. The M /WBE goal for this project is nine percent.
This project is located in COUNCIL DISTRICT 7.
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 Water Capital Projects Fund.
FUND CENTERS:
TO Fund /Account/Centers
1) C246 538070 601159990100
1) C246 446100 601159990100
2 &3) P253 472246 607560116630
3) P253 531200 607560116630
CERTIFICATIONS:
FROM Fund /Account/Centers
$221,790.00 2) C246 538070 601159990100
$221,790.00 4) P253 531200 607560116630
$221.790.00
$221,790.00
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
Fernando Costa (6122)
S. Frank Crumb (8207)
Paul Bounds (8567)
$221,790.00
$221,790.00
Logname: 60FREESE AND NICHOLS LAKE WORTH DREDGING DESIGN PH 2 Page 2 of 2