HomeMy WebLinkAboutOrdinance 25487-04-2022 Ordinance No. 25487-04-2022
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE
PARK DEDICATION FEES FUND, IN THE AMOUNT OF$330,000.00, FROM AVAILABLE
FUNDS, FOR THE PURPOSE OF FUNDING OAKLAND LAKE PARK DAM PROJECT
(CITY PROJECT NO. 101875); 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 increased estimated receipts and appropriations in the Park
Dedication Fees Fund in the amount of$330,000.00, from available funds, for the purpose of funding the
Oakland Lake Park Dam project(City Project No. 101875).
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 orjudgment 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 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 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said prior ordinances and appropriations are hereby expressly repealed.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 SECRETARY
Mack(Apr29,202217:06CDT) efte S.Goodall(May 2,2022 07: DT)
Douglas W Black Jannette S. Goodall
Sr.Assistant City Attorney City Secretary
ADOPTED AND EFFECTIVE:April 26,2022 LTE;*0
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Mayor and Council Communication
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City of Fort Worth,Texas
Mayor and Council Communication
DATE: 04/26/22 M&C FILE NUMBER: M&C 22-0326
LOG NAME: 80LAKE COMO/OAKLAND PARK DAM CONSTRUCTION CHANGE ORDER 1
SUBJECT
(CD 3 and CD 8)Authorize Execution of Change Order No. 1,in the Amount of$369,982.50,with The Fain Group,Inc.,for the Lake Como and
Oakland Lake Dam Improvements Project, Increasing the Contract Amount to$1,958,246.50 to Provide for Additional Scope of Work,Adopt the
Attached Appropriation Ordinance,and Amend the Fiscal Years 2022-2026 Capital Improvement(2018 Bond Program)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize Execution of Change Order No. 1,in the amount of$369,982,50,to City Secretary Contract No.56515,a Construction Contract
with The Fain Group,Inc.,increasing the construction contract amount to$1,958,246.50 and adding 90 days to the contract time;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations from the Park Dedication Fees Fund in the
amount of$330,000.00,from available funds,for the purpose of funding the Oakland Lake Paris Dam project(City Project No.101875);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 Change Order No. 1,in the amount of
$369,982.50 to City Secretary Contract No.56515,a Construction Contract with The Fain Group, Inc.,increasing the contract amount to
$1,958,246.50,and to appropriate$330,000.00 in Park Dedication Fees.
Funding for the difference of$39,982.50 between the change order amount and the appropriation amount is available in the base project budget.
On August 10,2021,City Council authorized the execution of a construction contract with the Fain Group,Inc.,in the amount of$1,588,264.00 for
construction of dam improvements at Lake Como Paris and Oakland Lake Park(M&C 21-0561). After the award of construction it was
determined that the design of the spillway wier and the elevation of the Oakland Lake dam embankment had to be modified in order to prevent
flooding downstream.
Construction of the Como/Oakland Lake Park Dam improvements began in December 2021 and is scheduled to be completed in August 2022.
The additional scope of work will increase in the contract time from 240 calendar days to 350 calendar days.
Funding for this project was not included in the Fiscal Years 2022-2026 Capital Improvement Program(CIP)due to new charges being incurred
after the CIP was adopted.The action in this M&C will amend the FY2022-2026 CIP as approved in connection with Ordinance 25073-09-2021.
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,Inc.agrees to maintain its initial MM/BE commitment of 15%that it made on the original contract and extend and maintain that
same M/WBE commitment of 15%to this first change order.Therefore The Fain Group, Inc.remains in compliance with the City"s Business Equity
Ordinance and attests to its commitment by its signature on the Acceptance of Previous M/WBE Commitment form executed by an authorized
representative of its company.
Lake Como Paris 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 projects within the PARD Dedication Fees Fund and upon
approval of the above recommendations and adoption of the attached appropriation ordinance,funds will be available in the PARD Dedication
Fees Fund for the Oakland Lake Park Dam project to support the approval of the above recommendations and execution of the change order.
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