HomeMy WebLinkAboutOrdinance 19474-12-2010 ORDINANCE NO. 19474-12-2010
AN ORDINANCE FINDING THAT CONDITIONS HAVE MATERIALLY
CHANGED SO THAT EXPENDITURE OF $50,000.00 IN UNSPECIFIED PARK
DEVELOPMENT FUNDS DESIGNATED FOR USE WITHIN DISTRICT 7
SHOULD BE USED FOR A PROJECT THAT WILL BENEFIT RESIDENTS OF
DISTRICT 7 BUT IS LOCATED OUTSIDE THE DISTRICT BOUNDARIES;
AUTHORIZING $50,000.00 IN 2004 CAPITAL IMPROVEMENT PROGRAM
FUNDS DESIGNATED FOR UNSPECIFIED PARK DEVELOPMENT WITHIN
DISTRICT 7 BE USED FOR THE TILLEY BRIDGE PROJECT, WHICH WILL
BENEFIT RESIDENTS OF DISTRICT 7; PROVIDING THAT THIS
ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on February 7, 2004, the citizens of the City of Fort Worth
approved the 2004 Capital Improvement Program; and
WHEREAS, the 2004 Capital Improvement Program included $50,000.00 for
unspecified park development in City Council District 7; and
WHEREAS, Trinity Park, located in City Council District 9, is designated as a
regional park that serves residents in City Council Districts 2, 3, 7, and 9 and features
festivals and amenities that draw citizens from throughout the City; and
WHEREAS, the City Council Member representing Council District 7
recommends the 2004 Capital Improvement Program unspecified park development
funds designated for City Council District 7 be used toward the design and construction
of the Tilley Bridge, located in Trinity Park at 2401 University Drive, which is situated
outside the boundaries of City Council District 7 but will benefit citizens living in City
Council District 7.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH:
SECTION 1.
That the City Council finds that conditions have materially changed so that the
unspecified park development funds designated for use within City Council District 7
should be used for a project that benefits the residents of City Council District 7 but is
located outside of district boundaries.
SECTION 2.
The City Council hereby authorizes the use of $50,000.00 in 2004 Capital
Improvement Program funds designated for unspecified park development within City
Council District 7 be used toward the design and construction of the Phyllis J. Tilley
Memorial Bridge, which will benefit the residents of City Council District 7.
SECTION 3.
This ordinance shall be cumulative of all provisions of ordinances and of the
Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions
of this ordinance are in direct conflict with the provisions of such ordinances and such
Code, in which event conflicting provisions of such ordinances and such Code are hereby
repealed.
SECTION 4.
It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have been enacted by the
City Council without the incorporation in this ordinance of any such unconstitutional
phrase, clause, sentence, paragraph or section
SECTION 5.
This ordinance shall be in full force and effect upon adoption.
APPROVED AS 1TO ORM AND LEGALITY:
ASSISTA CITY AT ORNEY
DATE:
ADOPTED: December 7, 2010
EFFECTIVE: December 7, 2010
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTT W. Approved on 121712010'-Ord. No. 19473-12.2010& 19474-12-2010
DATE: Tuesday, December 07, 2010 REFERENCE NO.: C-24635
LOG NAME: 80TILLEYBRIDGE
SUBJECT:
Authorize the City Manager to Execute a Construction Contract with Rebcon, Inc., in the Amount of
$2,403,179.90 for the Construction of the Phyllis J. Tilley Memorial Bridge, Authorize Acceptance of a
Monetary Donation in the Amount of$200,000.00 from Streams and Valleys, Inc., Adopt Ordinance Finding
Conditions have Materially Changed so that$50,000.00 in Unspecified Park Development Capital
Improvement Program Funds Designated for Use Within Council District 7 Should be Used Towards the
Design and Construction of the Phyllis J. Tilley Memorial Bridge and Adopt Appropriation Ordinance
(COUNCIL DISTRICTS 7 and 9)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute a construction contract with Rebcon, Inc., in the amount of
$2,403,179.90 for the construction of the Phyllis J. Tilley Memorial Bridge;
2. Authorize acceptance of a monetary donation in the amount of$200,000.00 from Streams and Valleys,
Inc.;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by the
amount of$200,000.00 in the Parks Improvements Fund; and
4. Adopt the attached ordinance finding that conditions have materially changed so that the $50,000.00 in
Unspecified Park Development funds from the 2004 Capital Improvement Program (CIP) designated for
Council District 7 should be used for the Phyllis J. Tilley Memorial Bridge, which will benefit residents in
District 7.
DISCUSSION:
The purpose of this M&C is to take steps necessary to move forward with the construction of the Phyllis J.
Tilley Memorial Bridge.
Reprogramming 2004 CIP Funds
The "Summary of Proposed Projects" pamphlet distributed to the public in advance of the 2004 CIP
election identified proposed projects to be funded under the parks, recreation, and community services
ballot proposition. Included among the projects was "General Park Development Unspecified by Council
District" which allocated 150,000.00 for parks projects in each Council District."
Councilmember Burdette has indicated that he wishes to use the $50,000.00 allocated to District 7 for the
proposed pedestrian bridge in Trinity Park, which is located outside Council District 7, but draws citizens
Logname: 80TILLEYBRIDGE Page I of 4
from throughout the City. Because the proposed bridge is located within the boundaries of Trinity Park
and will integrate into the existing citywide hike and bike trail system, it is the opinion of the Law
Department that use of the unspecified park development funds for the pedestrian bridge project is within
the voted purposes of the bonds.
To summarize, in approving this M&C, Council would be (i) adopting an ordinance that makes a finding
that conditions have materially changed so that bond funds designated for use within District 7 should be
used for the pedestrian bridge project, which is located outside of the district boundaries but will benefit
the residents of District 7; (ii)finding that the proposed project is within the voted purpose of the parks and
recreation bonds, and (iii) reprogramming $50,000.00 in General Park Development Unspecified Funds
from the 2004 CIP for use toward the design and construction of the Phyllis J. Tilley Memorial Bridge.
Accepting Donation and Authorizing Contract
In November 2001, the City was notified that the South of Seventh Street project had been selected for
funding under the Transportation - Land Use Joint Venture Grant Program established by the North
Central Texas Council of Governments. On January 28, 2003, (M&C C-19453)the City Council approved
an Economic Development Program Agreement with So7th, L.P., outlining the proposed expenditures of
those funds. A portion of the Federal Grant funds was earmarked for the design and construction of a
pedestrian bridge connecting Trinity Park to the Downtown Central Business District. The Texas
Department of Transportation (TxDOT)was tasked to administer the Federal Grant funds for the project
with a twenty percent local match requirement consisting of a combination of cash and/or land dedication
valued at $269,561.00. The combined project funding amount of both Federal and local match totaled
$1,347,804.00.
In the Fall of 2005, statements of interest were solicited from various firms for the project design.
Interviews were held in February 2006 with Freese and Nichols, Inc., (FNI) selected to provide design
services for this project. On July 11, 2006, (M&C C-21566) City Council approved award of contract to FN
in the amount of$64,300.00 for the conceptual design. The conceptual design process progressed
throughout the Fall of 2006 with the stressed ribbon design being selected as the preferred option by the
stakeholders group, which was comprised of representatives from Streams & Valleys, Inc., Tarrant
Regional Water District, the Rotary Club of Fort Worth, Pier I, Downtown Fort Worth Initiatives, Inc.,
Cultural District Development Initiative, Hughs Development/So7th Development and City staff. A public
meeting was held in May 2007, for review and comment of the bridge concept design and after receipt of
favorable public response, staff entered negotiations with FN for the final design phase. On November 6,
2007, (M&C C-22510) City Council approved award of contract to FN in the amount of$348,501.00 for
final design. Final design of the pedestrian bridge commenced in early December 2007.
On September 29, 2009, (M&C G-16717) the City Council adopted a resolution naming the proposed
pedestrian bridge after Phyllis J. Tilley, a founding member of Streams and Valleys, Inc., for
her instrumental role in the planning of recreational opportunities along the Trinity River.
On July 27, 2010, (M&C C-24366) City Council authorized the execution of Amendments Nos. 2 and 3 to
the Local Project Advanced Funding Agreement with TxDOT which allowed Federal Grant funds in the
amount of$1,350,000.00 to be transferred from the Transportation, Community and System Preservation
(TCSP) Grant to the Phyllis J. Tilley Memorial Bridge project to reduce an anticipated project funding
shortfall.
Upon completion of the construction document review process by TxDOT in June 2010, the project was
advertised for bid on July 1, 2010 and July 8, 2010 with the following bids received on August 5, 2010:
Bidder Base Bid
Logname: 80TILLEYBRIDGE Page 2 of 4
Rebcon, Inc. $2,403,179.90
AUI Contracting, LLC $2,520,511.70
Austin Bridge & Road, LP $2,778,771.00
Earth Builders, LP $3,174,460.30
It is recommended that the Base Bid in the amount of$2,403,179.90 as submitted by Rebcon, Inc., be
approved for award of contract. Base Bid work will include the construction of a 12 foot wide by 370 foot
long stress steel ribbon concrete deck pedestrian bridge, bridge approaches and lighting and electrical
services.
A breakout of project funding is as follows:
PROJECT I PROJECT
AMOUNT i AMOUNT
NG
FUNDI EXPENDITURES
.......................I................
So7th Grant - Pedestrian Bridge
TxDOT $1,078,243.00 Feasibility Study $10,095.001
TCSP Grant - 1 TxDO T Grant MK
$103,686.00A m on TxDOT '
:Streams & '
Valleys, Inc. $200,000.00 Design Administration $8,316
.88'
Donation did Advertisement
2004 CIP CD 7
Unspecified Funds $50,000.00' Design $412,801.00'
2002 CO $200,000.00 Construction �$2 03,179.90
Construction
2004 CIP TRV $209,335.78 $149,500.00'
IContinyencies
ry Tot
T ^^877
,58 78 i Ial 33,087,578.76"'
$3,087 578 78"j
:Total _ $3°� _
The annual budget impact associated with this project is estimated at $ 2,500.00. Construction is
anticipated to begin in January 2011, and be completed by October 2011.
Rebcon, Inc., is in compliance with the City's M/WBE Ordinance by committing to 36 percent participation.
The City's goal on this project is 22 percent.
The Phyllis J. Tilley Memorial Bridge is located in COUNCIL DISTRICT 9 and serves the entire City.
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 in the Park Improvements Fund and that funds are available in the current operating
budget, as appropriated, of the Grants Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fu nd/Accou nt/C enters
Logname: 80TILLEYBRIDGE Page 3 of 4
3) C280 488104 801580033580 $200,000.00 1)GR76 541200 080302898010 $607,721.00
3) C280 541600 801580033580 $200,000.00 1)GR76 541200 006302898030 $1,292,355.00
1) C182 541200 080182050010 $200,000.00
1) C280 541600 801580033580 $303,103.90
CERTIFICATIONS:
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Richard Zavala (5704)
Additional Information Contact: Mike Ficke (5746)
Logname: 80TILLEYBRIDGE Page 4 of 4