HomeMy WebLinkAboutOrdinance 24997-08-2021 ORDINANCE NO. 24997-08-2021
AN ORDINANCE (I) INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE PARD GAS LEASE CAPITAL PROJECT
FUND IN THE AMOUNT OF $169,541.53, FROM AVAILABLE FUNDS,
FOR THE PURPOSE OF FUNDING THE OAKLAND LAKE PARK
PROJECT (CITY PROJECT NO. 101875) AND (II) ADJUSTING
ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE PARD GAS
LEASE CAPITAL PROJECT FUND BY INCREASING RECEIPTS AND
APPROPRIATIONS IN THE LAKE COMO DAM PROJECT (CITY
PROJECT NO. 101592) IN THE AMOUNT OF $348,532.00 AND
DECREASING RECEIPTS AND APPROPRIATIONS IN THE PARD
MAINTENANCE & REPLACEMENTS PROJECT (CITY PROJECT NO.
P00133) 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 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 an (1) increase of estimated receipts and
appropriations in the PARD Gas Lease Capital Project Fund in the amount of$169,541.53, from
available funds, for the purpose the Oakland Lake Park Project and (I1) adjustment of estimated
receipts and appropriations in the PARD Gas Lease Capital Project Fund by increasing receipts and
appropriations in the Lake Como Dam Project (City Project No. 101592) in the amount of
$348,532.00 and decreasing receipts and appropriations in the PARD Maintenance& Replacements
project(City Project No. P00133) 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 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conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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: ACTING CITY SECRETARY
18 grW4 g,P C
JB Strong{Aug ,2021 14:42 CDT)
Sr. Assistant City Attorney Ronald P. Gonzales
ADOPTED AND EFFECTIVE: August 10,2021
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Mayor and Council Communication
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: 08/10/21 M&C FILE NUMBER: M&C 21-0561
LOG NAME: 80LAKE COMO/OAKLAND LAKE DAM IMPROVEMENTS
SUBJECT
(CD 3 and CD 8)Authorize the Execution of a Construction Contract with The Fain Group, Inc., in the Amount of$1,588,264.00 for the
Construction of the Lake Como Park and Oakland Lake Park Dam Improvements Projects,Adopt Attached Appropriation Ordinances,and
Amend the Fiscal Years 2021-2025 Capital Improvement Program(2018 Bond Program)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the General Capital Projects Fund in the
Oakland Lake Park project(City Project No. 101875)in the amount of$507,709.35,from available funds;
2. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the General Capital Projects Fund by
increasing receipts and appropriations in the Oakland Lake Park project(City Project No. 101875)in the amount of$374,050.02,and
decreasing receipts and appropriations in the Park Improvements project(City Project No. P00059)by the same amount;
3. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the General Capital Projects Fund by
increasing receipts and appropriations in the Oakland Lake Park project(City Project No. 101875)in the amount of$100,000.00,and
decreasing receipts and appropriations in the PARD New Enhancements project(City Project No. P00132)by the same amount;
4. Adopt the attached appropriation ordinance adjusting the estimated receipts and appropriations in the General Capital Projects Fund by
increasing receipts and appropriations in the Oakland Lake Park project(City Project No. 101875)in the amount of$72,666.00,and
decreasing receipts and appropriations in the PARD Maintenance& Replacements project(City Project No. P00133)by the same amount;
5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the PARD Gas Lease Capital Projects
Fund in the Oakland Lake Park project(City Project No. 101875)in the amount of$169,541.53,from available funds;
6. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the General Capital Projects Fund in the
Lake Como Dam project(City Project No. 101592)in the amount of$100,000.00,from available funds;
7. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the General Capital Projects Fund by
increasing receipts and appropriations in the Lake Como Dam project(City Project No. 101592)in the amount of$65,000.00,and
decreasing receipts and appropriations in the Park Improvements project(City Project No. P00059)by the same amount;
8. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the General Capital Projects Fund by
increasing receipts and appropriations in the Lake Como Dam project(City Project No. 101592)in the amount of$1,468.00,and
decreasing receipts and appropriations in the PARD Maintenance& Replacements project(City Project No. P00133)by the same amount;
9. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the PARD Gas Lease Capital Projects Fund
by increasing receipts and appropriations in the Lake Como Dam project(City Project No. 101592)in the amount of$348,532.00,and
decreasing receipts and appropriations in the PARD Maintenance& Replacements project(City Project No. P00133)by the same amount;
10. Amend the FY2021-2025 Capital Improvement Program;and
11. Authorize the execution of a contract with The Fain Group, Inc.,in the amount of$1,588,264.00,for the construction of the Lake Como Park
and Oakland Lake Park Dam Improvements project(City Project No. 101592& 101875).
DISCUSSION:
The purpose of this Mayor and Council Communication(M&C)is to authorize the execution of a contract with The Fain Group, Inc.,in the amount of
$1,588,264.00,for the construction of the Lake Como Park and Oakland Lake Park Dam Improvements projects(City Project No. 101592
& 101875).
On December 5,2018,the Texas Commission on Environmental Quality(TCEQ)inspected the earthen dams,concrete spillways,and surrounding
conditions at Lake Como Park and Oakland Lake Park.TCEQ's findings were outlined in inspection reports submitted to the City of Fort Worth
(City)on February 19,2019 and March 28,2019,respectively.These reports describe required work to be performed on the dams as"major
modifications"and specified requirements and recommendations that TCEQ expects the City to enact. Upon receipt of the inspection reports,the
City was tasked with responding to TCEQ with a Plan of Action for each dam that generally outlined the City's intent to meet the
Requirements/Recommendations section of the reports.
The City's corresponding Plan of Action for each dam stated that the City would hire a licensed professional engineer to perform assessments on
the dams before determining construction options. Due to the similar nature of the overall requirements of the proposed projects,the Park&
Recreation Department(PARD)determined that efficiencies would be gained by combining the assessment of both dams under one contract.City
Council authorized award of a contract,CSC No.52866,in the amount of$109,630.00,to Baird Hampton Brown, Inc. (BHB)for the assessment of
both dams on September 10,2019(M&C 19-0117).
On June 15,2020, BHB submitted final assessment documents.The assessments outlined the required improvements and provided constructable
options towards meeting TCEQ's Requirements/Recommendations.
On October 20,2020 City Council authorized the execution of Amendment No.1 to CSC No.52866 with BHB,in an amount up to$199,480.00
(M&C 20-0774,October 20,2020),to provide the additional engineering services needed for the design and development of construction
documents,based on the finalized engineering assessments provided by BHB. In April 2021, BHB submitted final design and construction
documents for Lake Como Park and Oakland Lake Park Dam Improvements,that address the corrections required for the existing dams and their
surrounding conditions.
The project was posted on the city purchasing website on April 22,2021,and advertised in the Fort Worth Star-Telegram on April 22&29,2021.
A pre-bid conference was held May 6,2021.The following bids were received on May 13,2021.
Contractor �aseBidAlternate Total Bid
Bid
The Fain Group, Inc. $1,483,234.50$105,029.50$1,588,264.00
Accelerated Critical Path, Inc. 151,492,011.00$371,281.00$1,863,292.00
Klutz Construction,LLC $1,503,104.70$184,031.90$1,687,136.60
C.Green Scaping, LP $1,649,794.30$249,465.60$1,899,259.90
Humphrey&Morton Construction $1,728,897.00$180,610.00 F��
Company,Inc.
Rebcon, Inc. $2,019,461.30$670,972.50$2,690,433.80
Ark Contracting Services, LLC $2,521,414.52$355,709.00$2,877,123.52
Fort Worth Civil Constructors,LLC $2,532,240.00$282,474.22$2,814,714.22
Base Bid improvements include mobilization,construction staking,site preparation,demolition of existing infrastructure,corrective excavation and
grading,rebuilding and reinforcing of dam slopes,the construction of a new concrete spillway at Oakland Lake Park,installation of erosion control
measures,and the placement of turf mat and solid sod.Alternative Bid improvements included in this contract are the installation of a pedestrian
bridge over Oakland Lake Park's spillway in lieu of a culvert crossing,and the relocation/replacement of concrete trail crossing the dams.
Construction of these projects is anticipated to begin the first quarter of Fiscal Year(FY)2022 and estimated completion is projected to be in
the third quarter of FY2022.
There will be no impact on the Park&Recreation Department's annual operating budget when the Lake Como Dam project is completed.
The Oakland Lake Dam project is estimated to increase the department's annual maintenance by$7,500.00 beginning in the FY2023.As of June
30,2021,the cumulative total of all previously approved M&C's increased the department's annual maintenance by$308,857.00 beginning in
FY2022.
Funding for the Oakland Lake Park Dam project was included in the FY2019-2023 Capital Improvement Program in the amount of$300,000.00.
Additional funding in the amount of$923,966.90 is needed to address TCEQ recommendations and requirements.The action in this M&C will
amend the FY2021-2025 Capital Improvement Program as approved in connection with Ordinance 24446-09-2020. In order to administratively
track the spending of all funding sources in one project,appropriation ordinances are needed to move appropriations from the programmable
project to the jointly funded static project.
Approval of recommendations 1 -5 would adjust appropriations between a programmable project and convert the Oakland Lake Park Dam
project(City Project No.101875)into a static capital project.This action is needed as future funding for the Oakland Lake Park Dam project(City
Project No. 101875)is anticipated from other funding sources and the scope of this project differs from that of the current programmable project.
Funding for the Lake Como Park Dam project was included in the FY2018-2022 Capital Improvement Program in the amount of$470,000.00.
Additional funding in the amount of$450,000.00 is needed to address TCEQ recommendations and requirements.The action in this M&C will
amend the FY2021-2025 Capital Improvement Program as approved in connection with Ordinance 24446-09-2020. In order to administratively
track the spending of all funding sources in one project,appropriation ordinances are needed to move appropriations from the programmable
project to the jointly funded static project. Approval of recommendations 6-9 would adjust appropriations between a programmable project and
convert the Lake Como Park Dam project(City Project No. 101592)into a static capital project.This action is needed as future funding for
the Lake Como Park Dam project(City Project No. 101592)is anticipated from other funding sources and the scope of this project differs from
that of the current programmable project.
Funds for the Lake Como Park Dam project are 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.
Compliance with the City's Business Equity Ordinace has been achieved by the following method:The Fain Group,Inc.is in compliance with the
City's Business Equity Ordinance by committing to 15%participation on this project's base bid.The City's Business Equity goal for this project is
15%.
Lake Como Dam is located in COUNCIL DISTRICT 3.
Oakland Lake Park is located in COUNCIL DISTRICT 8.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are currently available in the Unspecified-All Funds,Unspecified-Gas Lease Rev,Unspecified Restr
Park Endowmt,Lake Como Dam projects and the Park Improvements,PARD New Enhancements and PARD Maintenance&Replacement
programmable projects within the General Capital Projects Fund,PARD Gas Lease Capital Project Fund and 2018 Bond Program Fund and upon
approval of the above recommendations and adoption of the attached appropriation ordinances,funds will be available in the General Capital
Projects Fund, PARD Gas Lease Capital Project Fund and 2018 Bond Program Fund for the Oakland Lake Park Dam and Lake Como
Dam projects to support the approval of the above recommendations and execution of the 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 5704