HomeMy WebLinkAboutOrdinance 25991-02-2023 ORDINANCE NO.25991-02-2023
AN ORDINANCE ADJUSTING APPROPRIATIONS IN THE 2022 BOND
PROGRAM FUND IN THE AMOUNT OF $520,000.00, BY INCREASING
APPROPRIATIONS IN THE BG REPLACE FIBERGLASS GREENHOUSE
PROJECT (CITY PROJECT NUMBER 102829) AND DECREASING
APPROPRIATIONS IN THE FORT WORTH BOTANIC GARDENS
PROGRAMMABLE PROJECT (CITY PROJECT NUMBER PB0025) 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 2022-2023 in the
Budget of the City Manager,there shall also be adjusted appropriations in the 2022 Year Bond Program Fund
in the amount of$520,000.00,by increasing appropriations in the BG Replace Fiberglass Greenhouse project
(City Project Number 102829), and decreasing appropriations in the Fort Worth Botanic Gardens
programmable project(City Project Number P130025) 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 25773-09-2022 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said prior ordinances and appropriations are hereby expressly repealed.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
Assistant City Attorney Jannette S. Goodall
City SecretaryAd�4��n��
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ADOPTED AND EFFECTIVE:February 14,2023 �Q� 00 °P 4
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MAYOR AND COUNCIL COMMUNICATION MAP
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Copyright 2023 City of Fort Worth. Unauthorized reproduction is a violation of applicable laws. This product is for i\
informational purposes and may not have been prepared for or be suitable for legal, engineering,or surveying purposes.
It does not represent an on-the-ground survey and represents only the approximate relative location of property
boundaries. The City of Fort Worth takes no responsibility for the accuracy of said data.
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 02/14/23 M&C FILE NUMBER: M&C 23-0084
LOG NAME: 21 BOTANIC GARDEN GREENHOUSE CONSTRUCTION
SUBJECT
(CD 8/Future CD 8)Authorize Execution of a Job Order Contract with F.H. Paschen, Nielsen&Associates, LLC, in the Not to Exceed Amount of
$1,289,209.00,for Construction of a Greenhouse to Serve the Fort Worth Botanic Garden, at the Rolling Hills Tree Farm,2525 Joe B Rushing
Road,Adopt Appropriation Ordinance and Amend the Fiscal Years 2023-2027 Capital Improvement Program(2020 Tax Notes and 2022 Bond
Program)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of a job order contract with F.H. Paschen, Nielsen&Associates, LLC, in the not to exceed amount of$1,289,209.00,for
the construction of a greenhouse to serve the Fort Worth Botanic Garden,at the Rolling Hills Tree Farm;
2. Adopt the attached appropriation ordinance adjusting appropriations in the 2022 Bond Program Fund by increasing appropriations in the
BG Replace Fiberglass Greenhouse project(City Project Number 102829)in an amount of$520,000.00 and decreasing appropriations in
the Fort Worth Botanic Gardens programmable project(City Project Number PB0025)by the same amount;and
3. Amend the Fiscal Years 2023-2027 Capital Improvement Program.
DISCUSSION:
It is the purpose of this Mayor and Council Communications(M&C)to recommend that City Council authorize execution of a job order contract with
F.H.Paschen, Nielsen&Associates, LLC,in the not to exceed amount of$1,289,209.00,for the construction of a production greenhouse to serve
the Fort Worth Botanic Garden(FWBG),at the Rolling Hills Tree Farm,2525 Joe R. Rushing Road.
On October 10,2017,City Council authorized the execution a contract with the Botanical Research Institute of Texas(BRIT)to manage education
and volunteer programs at the FWBG(M&C C-28427). On May 19,2020,City Council authorized the execution of the second amendment to this
contract for complete management of the FWBG(M&C 20-0347). The City agreed to provide funding for capital improvements and repairs over
a 12 year period.The production greenhouse is one of the capital improvent projects. After a master planning effort, it was determined that this
production greenhouse would best be located off site. The Park&Recreation Department(PARD)and BRIT are developing a Memorandum of
Understanding and the necessary Chapter 26 documentation to allow the construction of this facility at the Rolling Hills Tree Farm.It was
determined that a Job Order Contractor,in conjunction with greenhouse providers familiar with the FWBG's operations would be the most efficient
way of delivering this project.The total cost of construction exceeded$500,000.00. State law requires the governing body(City Council)to
approve job order contracts in excess of$500,000.00. F.H. Paschen, Nielsen&Associates, LLC is one of seven construction companies
authorized to provide job order contracting services(M&C 22-0577). Staff recommends that City Council authorize execution of this job order
contract with F.H. Paschen, Nielsen&Associates,LLC.
The overall project costs are expected to be as described in table below:
Botanic Garden Production Greenhouse TOTALS
Project Administration Cost(Site Utilities, IT, Security, Project $178,950.001
Management,Contingency,FFE, Etc.)
Anticipated JOC Construction Cost(Including Owner's Construction $1,289,209.00�
Allowance)
I
PROJECT TOTAL ($1,468,159.00
The FWBG is managed by the BRIT.This contract will have no impact on the PARD's annual operating budget.
The action in this M&C will amend the TPW's Contribution to the Fiscal Years 2023-2027 Capital Improvement Program as approved in
connection with Ordinance 25573-09-2022, Section 7. Capital Improvements,as listed on page 24:
Capital I project FY2023 CIP Budget Revised
Fund I Authority FY2023
Name 1 Name 'Appropriations Adjustment Budget
2022
Bond BG Replace
Program Fiberglass $0.00 $520,000.00 This M&C $520,000.00
Fund Greenhouse
(34027) 1(102829)
This project is included in the 2020 Tax Note Program(M&C 20-0214; Ordinance 24151-04-2020).
This project is included in the 2022 Bond Program.The City's Extendable Commercial Paper(ECP) (M&C 22-0607; Ordinance 25675-08-2022)
provides liquidity to support the appropriation.Available resources will be used to actually make any interim progress payments until debt is
issued.Once debt associated with a project is sold, debt proceeds will reimburse the interim financing source in accordance with the statement
expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance 25515-05-2022).
Waiver of Building Permits-In accordance with the City Code of Ordinances, Part ll, Chapter 7-1 Fort Worth Building Administrative Code,
Section 109.2.1, Exception 2;"Work by non-City personnel on property under the control of the City of Fort Worth shall be exempt from the permit
fees only if the work is for action under a contract that will be or has been approved by City Council with notes in the contract packages stating the
fee is waived."
Business Equity—The Diversity&Inclusion Department, in conjunction with Property Management Department,agreed upon a"pilot"program to
establish an Internal Department business equity goal based on the total number of job order contractors selected and listed in the rotation for
opportunities to receive work under these job order contracts.Therefore,this job order has no specific business equity goal.
The Fort Worth Botanic Garden is located in COUNCIL DISTRICT 7,and the new Production Greenhouse will be located in COUNCIL DISTRICT 8
/FUTURE COUNCIL DISTRICT 8.
A Form 1295 is not required because:This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are currently available in the Fort Worth Botanic Gardens programmable project within the 2022 Bond
Program Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance,funds will be available
in the 2022 Bond Program Fund and Tax Note 2020 Fund for the BG Replace Fiberglass Greenhouse project to support the approval of the above
recommendations and execution of the contract. Prior to an expenditure being incurred,the Park&Recreation Department has the responsibility
to validate the availability of funds.
Submitted for City Manager's Officg_y: Dana Burghdoff 8018
Originating Business Unit Head: Steve Cooke 5134
Additional Information Contact: Brian Glass 8088
Expedited