HomeMy WebLinkAboutOrdinance 25247-12-2021 ORDINANCE NO.25247-12-2021
AN ORDINANCE ADJUSTING APPROPRIATIONS IN THE 2014 BOND
PROGRAM FUND IN THE AMOUNT OF S535,658.00, BY INCREASING
APPROPRIATIONS IN THE NORTH PARK PROJECT (CITY PROJECT NO.
101766), AND DECREASING APPROPRIATIONS IN THE FUND 34014
APPROPRIATION ONLY PROJECT (CITY PROJECT NO. U34014) 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 2021-2022 in the
Budget of the City Manager,there shall also be adjusted appropriations in the 2014 Bond Program Fund in
the amount of $535,658.00, by increasing appropriations in the North Park project (City Project No.
101766), and decreasing appropriations in the Fund 34014 Appropriation Only project (City Project No.
U34014)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 shallbe and remain in full force and effect.
SECTION 3.
That this ordinance shall be cumulative of Ordinance 25073-09-2021 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
ofsaid prior ordinances and appropriations are hereby expressly repealed.
SECTION 4.
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY: CITY SECRETARY
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Mack(Dec 15,202121:26 CST) Jannette S.Goodall(Dec 16,202107:10 CST)
Douglas W Black Jannette Goodall
Sr.Assistant City Attorney City Secretary
A0 ART'%
ADOPTED AND EFFECTIVE: December 14, 2021 (�#
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North Park
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Project Location Map
North Park is located in far north Fort Worth
1 '4 miles east of 1-35 and 3 '2 miles north of 1-820
at the northeast corner of the intersection of
Beach Street and Shiver Road
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 12/14/21 M&C FILE NUMBER: M&C 21-0997
LOG NAME: 80NORTH PARK IMPROVEMENTS CMAR AMENDMENT
SUBJECT
(CD 4)Authorize Execution of Amendment No. 1, in the amount of$567,496.00,to the Construction Manager at Risk Agreement with Dean
Electric, Inc.,d/b/a/Dean Construction,for North Park Improvements, Increasing the Construction Budget from$3,900,000.00 to
$4,467,496.00, Establishing a Guaranteed Maximum Price for Construction in the Amount of$4,467,696.00, inclusive of the CMAR's Construction
Phase Fee, Revising the Total Project Budget Amount to$5,231,158.00,Adopt the Attached Appropriation Ordinance, and Amend the Fiscal
Years 2022-26 Capital Improvement Program and (2014&2018 Bond Program)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize Execution of Amendment No. 1, in the amount of$567,496.00,to City Secretary Contract No.54396,the Construction Manager at
Risk Agreement with Dean Electric, Inc., d/b/a/Dean Construction, increasing the construction budget to$4,467,496.00,and establishing
the Guaranteed Maximum Price for construction in the amount of$4,467,696.00, inclusive of the CMAR's Construction Phase Fee;
2. Adopt the attached appropriation ordinance adjusting appropriations in the 2014 Bond Program Fund by increasing appropriations in the
North Park project(City Project No. 101766)in the amount of$535,658.00 and decreasing appropriations in the U34014 Fund 34014
Approp Only project(City Project No.U34014) by the same amount; and
3. Amend the Fiscal Years 2022-2026 Capital Improvement Program.
DISCUSSION:
The purpose of this Mayor and Council Communication(M&C)is to authorize the execution of Amendment No. 1 to City Secretary Contract No.
54396,a Construction Manager at Risk Agreement(CMAR)with Dean Electric, Inc.,d/b/a Dean Construction, increasing the construction budget
by$567,496.00 from$3,900,000.00 to$4,467,496.00, establishing the Guaranteed Maximum Price(GMP),and appropriate additional funds
available from residual 2014 Bond Program to increase the total project budget for North Park Improvements Project from$4,695,500.00 to
$5,231,158.00, and to amend the Fiscal Years(FY)2022-26 Capital Improvement Program.
On September 15,2020, City Council authorized a CMAR agreement with Dean Construction(M&C 20-0674)to construct and install athletic field
improvements at North Park,with the GMP to be determined within a construction budget of$3,900,000.00.The total overall project budget of
$4,695,500.00 included the City's contingency, project administration,inspection,testing, utility connections,design and construction .
This M&C amends the CMAR Agreement to add additional scope and establishes the CMAR GMP at$4,467,696.00, inclusive of the CMAR's
Construction Phase fee,which has been reviewed and accepted by staff as fair and reasonable.
Funding for this amendment, in the amount of$567,496.00, is the combination of the$535,658.00 appropriation of residual 2014 Bond Program
funds and the reallocation of existing project contingency, in the amount of$31,838.00,from the original project budget of$4,695,500.00
The additional funding will provide for the completion of the construction contract which includes the installation and construction of athletic field
lighting, a basketball court, bleacher shade structures,stone masonry columns and walls,fine grading,and additional landscape and irrigation.
The 2014 Bond Program included funding for Athletic Field improvements,"Development of additional athletic fields and supporting infrastructure
throughout the city in various public parks..."The 2014 Bond Funds are comprised of residual funds remaining from 42 previously completed
projects. In adopting Recommendation 2,the City Council would be finding that the revised scope of the project-consisting of the changes
described above-is within the voted purpose of the bonds. Funding for this project is itemized in the table below.
Authority Scope Fund Amount
M&C G-19305 Community Park I General Capital Projects Fund 100,000.00'
2018 Bond Program Community Park 2018 Bond Fund 2,000,000,00
2018 Bond Program IAthletic Field Lighting12018 Bond Fund 600,000.00
2018 Bond Programs Universal Playground I2018 Bond Fund 750,000.00
M&C G-19503 1Community Park 71General Capital Projects Fund 1,245,500.00
This M&C ;Athletic Fields 2014 Bond Program Fund 535,658.00
Total Funding $5,231 158.00
Authority Scope Fund Amount
Construction of the North Park improvements began in February 2021 and is scheduled to be completed by March 2022. The additional scope of
work will increase in the contract time from 300 calendar days to 400 calendar days.
This amendment to the North Park CMAR agreement is estimated to increase the department's annual maintenance by$4,000.00 beginning in
May 2022.As of September 30,2021,the cumulative total of all previously approved M&C's increased the department's estimated annual
maintenance by$456,391.00 beginning in May 2022.
Funding for this amendment was not originally included in the FY2022-2026 Capital Improvement Program. Due to increases in material prices
brought upon by shortages,an increase in funding is now required.The action in this M&C will amend the FY2022-2026 Capital Improvement
Program as approved in connection with Ordinance 25073-09-2021.
A portion of this project will include 2014 Bond Funds.Available resources within the General Fund will be used to provide interim financing for
these expenses until debt is issued.Once debt associated with this project is sold, bond proceeds will reimburse General fund, in accordance with
the statement expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election and the subsequent
actions authorizing the approval of the issuance of public securities.(Ordinance No.21241-05-2014).
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.
Dean Construction has agreed to maintain the initial MBE commitment of 14%included in the original agreement and extend and maintain that
same MBE commitment of 14%to the additional costs.Therefore, Dean Construction remains in compliance with the City's BDE 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.
North Park is located in COUNCIL DISTRICT 4.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are currently available in the U34014 Fund 34014 Approp Only project within the 2014 Bond Program
Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance,funds will be available in the 2014
Bond Program Fund for the North Park project to support the approval of the above recommendations and execution of the amendment. 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