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HomeMy WebLinkAboutOrdinance 24755-03-2021ORDINANCE NO. 24755-03-2021 AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE PARD DEDICATION FEES FUND IN THE AMOUNT OF $600,000.00, FROM AVAILABLE FUNDS, FOR THE PURPOSE OF FUNDING CHISHOLM TRAIL PARK PHASE II; 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 2020-2021 in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the P ARD Dedication Fees Fund in the amount of $600,000.00 , from available funds , for the purpose of funding Chisholm Trail Park, Phase II . 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 24446-09-2020 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed .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 SECRET ARY DB\ack (Mar 24, 202111:40 CDT ) Douglas W Black Mary J. Kayser Sr. Assistant City Attorney ADOPTED AND EFFECTIVE: March 23, 2021 CHISHOLM TRAIL PARK PHASE 2-CD 6 City of Fort Worth, Texas Mayor and Council Communication DATE: 03/23/21 M&C FILE NUMBER: M&C 21-0220 LOG NAME: 80CHISOLM TRAIL PARK PH .2 AMENDMENT NO . 1 SUBJECT (CD 6) Authorize Execution of Amendment No .1 to the Design-Build Agreement with The Fain Group, Inc. for Chisholm Trail Park, Phase II , in the Amount of $530,000 .00 , to Provide for Additional Scope of Work, for a Revised Contract Value of $2 ,833 ,000.00 , Adopt Appropriation Ordinance and Amend the FY2021-2025 Capital Improvement Program (2018 Bond Program) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of Amendment No .1 in the amount of $530,000.00, to the Design-Build Agreement with The Fain Group, Inc., to provide for additional scope of work for Chisholm Trail Park (City Secretary Contract No . 53813) (City Project No. 101769), for a revised contract value of $2 ,833 ,000.00 ; 2 . Adopt the attached appropriation ordinance increasing receipts and appropriations in the amount of $600,000 .00 in the PARD Dedication Fees Fund from available funds ; and 3. Amend the FY2021-2025 Capital Improvement Program . DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of an amendment to the Design-Build contract with The Fain Group , Inc., (M&C 20-0140 , March 3, 2020) to provide for additional scope of work , appropriate additional funds from available Park Dedication fees and amend the FY 2021-2025 Capital Improvement Program. The 2018 Bond Program Proposition B: Parks and Recreation Improvements, within the category of Community Park Improvements , included $2,500,000 .00 for Chisholm Trail Park. The additional scope of work will include the design , and construction of a playground, large picnic shelter , and trail connection. The addition of $530 ,000 .00 to the project cost will increase the Guaranteed Maximum Price (GMP) and will include the Design- Builder's fee. $70,000 .00 has been allocated for the City's additional construction inspection , materials testing, and project management and administration . Project Budget Fund Amount Fain Design-Build Agreement 2018 Bond $1 ,703,000.00 ram PARD Fain Design-Build Agreement Dedication $600 ,000.00 Fees rial 2018 Bond $197 ,000 .00 t Administration Program ild Amendment & 2018 Bond $530 ,000 .00 Program Inspection , Material Testing , Pro 2018 Bond dministration Program otal Contract time is 240 calendar days . Construction started in August 2020 , and is scheduled to be completed by November 2021. As of January 31, 2021 , the cumulative unfunded total of all previously approved M&C's increased the department's estimated annual maintenance by $543 ,982.00 beginning in FY2022 . Chisholm Trail Park is estimated to increase the department's annual maintenance by $25 ,766 .00 beginning in FY2022 . Funding for this project was included in the FY2021-2025 Capital Improvement Program in the amount of $2 ,500 ,000 .00 . Additional funding in the amount of $600,000.00 is needed due to the additional scope of work which will include the design and construction of a playground, large picnic shelter, and trail connection. The action in this M&C will amend the FY2021-2025 Capital Improvement Program as approved in connection with Ordinance 24446-09-2020. This project is included in the 2018 Bond Program. Available resources within the General Fund will be used to provide interim financing until debt is issued. Once debt associated with the project is sold , bond proceeds will reimburse the General Fund in accordance with the statement expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance No. 23209-05-2018) and subsequent actions taken by the Mayor and Council. The Fain Group has agreed to maintain the initial MBE commitment of 15% included in the original agreement and extend and maintain that same MBE commitment of 15% to this first amendment. Therefore , The Fain Group remains in compliance with the City's BOE Ordinance and attests to its commitment by its signature on the Acceptance of Previous MBE Commitment form executed by an authorized representative of its company . Chisholm Tra il Park is located in COUNCIL DISTRICT 6 . FISCAL INFORMATION/ CERTIFICATION: The Director of Finance certifies that funds are currently ava ilable in the PARO Dedication Fees , Neighborhood Unit 1-20 and Unspecified -All Funds projects w ithin the PARO Ded ication Fees Fund , and upon approval of the above recommendations and adoption of the attached appropriation ordinance , funds will be available in the PARO Dedication Fees Fund for the Ch isholm Tra il Park project to support the approval of the above re commendations and the execution of the amendment to the Design-Bu ild agreement. Prior to an expenditure being incurred , the Park & Recreation Department has the responsibility of verifying the availability of funds . Submitted for City Manager's Office by: Valerie Washington 6192 Originating Business Unit Head: Richard Zavala 5704 Additional Information Contact: David Creek 5744 Expedited