HomeMy WebLinkAboutOrdinance 17171-09-2006Ordinance Nn. 9 71 71-09-2006
AN ORDINANCE INCREASING APPROPRIATIONS IN THE GENERAL FUND 1N
THE AMOUNT OF $2,300,000 AND DECREASING THE UNRESERVED,
UNDESIGNATED FUND BALANCE BY THE SAME AMOUNT, FOR THE
PURPOSE OF EXECUTING A CONTRACT WITH JOHNSON CONTROLS, 1NC.,
TO PROVIDE EQUIPMENT SUPPLY, INSTALLATION AND COMMISSIONING
SERVICES FOR THE REPLACEMENT OF HEATING, VENTILATING AND AIR-
CONDITIONING SYSTEMS AT THE FORT WORTH COMMUNETY ARTS
CENTER; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS
ORDINANCE CUMULATIVE OF PRIOR 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 2005-
2006 in the Budget of the City Manager, there shall also be increased appropriations in the General
Fund in the amount of $2,300,000 and decreasing the unreserved, undesignated fund balance by
the same amount, for the purpose of executing a contract with Johnson Controls, Inc., to provide
equipment supply, installation and commissioning services for the replacement of existing heating,
ventilating and air-conditioning systems at the Fort Worth Community Arts Center.
SECTION 2.
That should any portion, section or part of a section of this ordinance be declared invalid,
inoperative ar 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 No. 16582 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conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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 ardinance~hall take effect upon adoption.
TO FQ'f~l AND LEGALITY:
Assistant
ADOPTED AND EFFECTIVE: September 19, 2006
~~ ®f ~Vd a Y Iw ®J~d L9 l ~~~~
r aril ~i
COUNCIL ACT10N: Approved on 9/19/2006 -Ordinance No. 1717"1-09-2006
DATE: Tuesday, September 19, 20D6
LOG NAME: 2DFWCAC
REFERENCE NO.. C-21646{Corrected
sueJECT:
Adopt Supplemental Appropriation Ordinance and Authorize the Execution of a Contract
with Johnson Controls Inc. through the Texas Multiple Award Schedule for Mechanical Systems
Modifications at the City's Fart Worth Community Arts Center
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached supplemental appropriation ordinance increasing appropriations in the General
Fund by $2,300,000 and decreasing the unreserved, undesignated fund balance by the same amount; and
2. Authorize the City Manager to execute a Contract in the amount of $2,046,579 with Johnson Controls
inc., through the Texas Multiple Award Schedule {TxMAS) program, to provide equipment supply,
installation and commissioning services for the necessary replacement of existing heating, ventilating and
air-conditioning (HVAC} systems at the Fort War#h Community Arts Center (FWCAC},
DISCUSSION:
On August 29, 2006, (M&C C-21646) the City Council authorized the execution of a contract with York
Service, a Johnsan Controls Company (YorklJCl), through the Texas Multiple Award Schedule (TxMAS}
program, to provide equipment supply, installation and commissioning services for the necessary
replacement of existing heating, ventilating and air-conditioning (HVAC) systems at the Fort Worth
Community Arts Center {FWCAC).
Subsequent to the approval of M&C C-21646 City staff became aware that the previously identified
YarklJCl's legal name for business in the State of Texas is Johnson Controls, Inc. {JCl); York having
recently been legally aquired by Johnson Control Inc. Therefore it is necessary to correct the previous
authorization to execute a contract with YarklJCl and authorize execution of the contract with Johnson
Control Inc. Further, the adopted supplemental appropriation requires revision to reflect this change in
company name. With the exception of the company name change, all points discussed in M&C C-21646
regarding the referenced project are still correct.
On December 21, 2004, (IR Nn.$648) the City Council was advised of staff's plan to proceed with
maintenance and repair of exisftng HVAC components, engineering evaluation of the HVAC systems, and
engineering design of a comprehensive project to replace the outdated and unreliable HVAC system at the
FWCAC.
On November 1, 2005, (M&C C-21113) the City Council authorized the execution of a contract with
Basharkhah Engineering, loc., {BEI) to design improvements to the HVAC system at the FWCAC. Since
completion of the design plans and specifications, the out-dated HVAC system has experienced problems
of increasing frequency and severity.
Logname, 20FWCAC Page 1 of 2
On May 30 2006, (fR No.8776) the City Council was updated on the status of previously approved
improvements to the FWCAC and advised of staff's intention to proceed toward execution of a construction
contract based on completed design of comprehensive HVAC upgrades to the FWCAC.
On July 18, 20x6, (M&C P-10424) the City Council authorized the purchase of three HVAC chillers and
associated start up services from YorklJCl, through TxMAS far the TIPW ^epartment. This equipment was
purchased prior to construction services due to the long lead-time of equipment delivery and the increasing
frequency and severity of problems experienced.
In order to expedite construction of this necessary project, City staff solicited quotes from bath the Trane
Company (The Cooperative Purchasing Network} and YorklJCl (TxMAS} State contracts. Trane chose not
to submit a complete proposal. York/JCl's TxMAS proposal has been reviewed by City staff and is now
recommended for acceptance by the City.
The State of Texas Building and Procurement Commission (TBPC) established TxMAS as a list of
approved contracts that have been competitively bid and awarded by Federal, State or Local Governmental
entities to increase and simplify the purchasing power and processes of local governmental entities across
the State of Texas.
Contracting through the TxMAS program satisfies the need for competitive bidding under Local Government
Code. Under Local Government Code Section 271.102, a local government purchasing goods and services
under such a contract satisfies any state law requiring that the local government seek competitive bids for
purchase of these goods and services.
On August 15, 2006, (IR Na8795) the City Council was informed of expected cost increases associated
with planned improvements to the FWCAC and advised of staffs intention to proceed toward execution of a
comprehensive solution with YorklJCl through the State's TxMAS program.
The recommended supplemental appropriation ordinance of $2,300,000 in General Funds consists of the
following components; $2,046,579 for Johnson Controls loc. products & services, $20,000 for City
Construction Management staff, and $233,421 for City Project Contingency.
Johnson Controls, Inc. is in compliance with the City's MIWBE Ordinance by committing to 26%
participation for this proposed project. The City's goal set for this project is 19%.
The Fart Worth Community Arts Center is located in COUNCIL DISTRICT 7 and serves all Fort Worth
residents and those of surrounding communities.
FISCAL 1NFORMATIONIC)ERTIFICATION:
The Finance Director certii'ies that, upon approval of the above recommendations and adoption of the
attached supplemental appropriation ordinance, funds will be available in the current operating budget, as
appropriated, of the Genera[ Fund. The General Fund balance will be $34,337,568 upon approval of the
above appropriation.
TO FundlAacountlCenters FROM FundlAccountlCenters
GG01 538120 0909900 ~2.300A00.00 GG01 539120 0909900 2 300 00.00
Submitted for City Manager's Office b Marc Ott {6122)
Originating Department Head: Robert Goode {7801)
Additional Information Contact: Greg Simmons {7862)
Lo~;nae: 20~`WCAC Page 2 of 2