HomeMy WebLinkAboutOrdinance 26494-09-2023ORDINANCE NO. 26494-09-2023
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE PARK AND RECREATION DEPARTMENT OF THE
GENERAL FUND, IN THE AMOUNT OF $1,958,492.00, FROM AVAILABLE
FUNDS, FOR THE PURPOSE OF TRANFERRING TO THE GENERAL CAPITAL
PROJECTS FUND FOR THE FOREST PARK ENFAC PROJECT (CITY PROJECT
NO. 103326); 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 increased estimated receipts and appropriations in the Park
and Recreation Department of the General Fund in the amount of $1,958,492.00, from available funds, for the
purpose of transferring to the General Capital Projects Fund for the Forest Park ENFAC project (City Project
No. 103326).
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said prior ordinances and appropriations are hereby expressly repealed.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
ADOPTED AND EFFECTIVE: September 26, 2023
Jannette S. Goodall
City Secretary
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 09/26/23 M&C FILE NUMBER: M&C 23-0815
LOG NAME: 21 FOREST PARK POOLS CHANGE ORDER 1
SUBJECT
(CD 9) Authorize Execution of a Change Order for Construction Manager at Risk Contract with Steel & Freeman, Inc., in the Amount Not to Exceed
$3,537,209.00, Including an Owner's Construction Contingency Allowance, for a Total Project Budget of $13,034,828.00, for the Forest Park Pool,
Adopt Appropriation Ordinances, and Amend the Fiscal 2023 Adopted Budget and Fiscal Years 2023-2027 Capital Improvement Program
RECOMMENDATION:
It is recommended that the City Council
1. Authorize the execution of a Change Order for Construction Manager at Risk Contract with Steel & Freeman, Inc., in the amount not to
exceed $3,537,209.00, including an Owner's Construction Contingency Allowance, for a total project budget of $13,034,828.00, for the
Forest Park ENFAC (City Project No. 103326);
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations Park and Recreation Department of the
General Fund in an amount not to exceed $1,958,492.00, from available fund balance, for the purpose of transferring to the General Capital
Projects Fund for the Forest Park ENFAC project (City Project No. 103326);
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the General Capital Projects Fund, in the
amount of $1,958,492.00 transferred from the General Fund, for the purpose of funding the Forest Park ENFAC project (City Project No.
103326);
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the PARD Gas Lease Capital
Project Fund, in the amount of $1,000,000.00, from available funds, for the purpose of funding the Forest Park ENFAC Project (City Project
No. 103326) ; and
5. Amend the Fiscal Year 2023 Adopted Budget and Fiscal Years 2023-2027 Capital Improvement Program.
DISCUSSION:
The Forest Park Pool project has completed the Construction Document stage and Steele & Freeman provided a final Guaranteed Maximum
Price (GMP) price of $13,034,828.00. A change order is requested in the amount of $3,537,209.00 for the shortfall amount. On March 21, 2023,
the City Manager's Office approved the use of Fiscal Year (FY) 2022 General Fund Surplus Mayor & Council Communication (M&C) (23-0095,
February 14, 2023) in the amount of $1,958,492.00. Additional funding has also been committed from the Park and Recreation Department
(PARD) Gas Lease Capital Project Fund in the amount of $1,000,000.00,
Forest Park Pool Replacement Budget
'TOTALS
i
Architectural Design Fees (Including Amendment No. 1)
$979,520.00
Anticipated CMAR Construction Cost (Including Owner's
I$g
Construction Allowance)
497,625.00
'Change Order 1
$3,537,209.00
Project Administration Cost (Site Utilities, IT, Security, Project
! $1 029,638.00
Management, Contingency, FFE, Etc.)
PROJECT TOTAL
$15,043,992 00
Funding for this project was included in the FY2023-2027 Capital Improvement Program in the amount of $11,000,000.00. Additional funding in
the amount of $2,958,492.00 is needed due to the increase in cost can be attributed to the inflation/escalation in construction materials and labor.
The action in this M&C will amend the FY2023-2027 Capital Improvement Program as approved in connection with Ordinance 25773-09-2022.
This project is included in the 2022 Bond Program. The City's Extendable Commercial Paper (ECP) (M&C 22-0607; Ordinance 25765-08-2022)
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).
On 2/14/23, the City Council approved M&C 23-0095, assigning $9,458,492 for Capital Project Shortfalls as a part of the Fiscal Year 2022 year-
end process. To date, the City Council has authorized M&C 23-0567 of $4,000,000 for the Fire Station 43 - Walsh Ranch on 6/27/23, M&C 23-
0272 of $1,500,000 for the Intermodal Parkway Improvements project on 4/11/2023. Approval of this M&C will appropriate $1,958,492 and leave a
remaining balance of $2,000,000 for Capital Project Shortfalls.
Waiver of Building Permits - In accordance with the City Code of Ordinances, Part II, 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 - Steele & Freeman, Inc agrees to maintain its initial MM/BE commitment of 25% that it made on the original contract and
extend and maintain that same MM/BE commitment of 25% to all prior change orders up to and inclusive of this Change Order No. 1. Therefore
Steele & Freeman, Inc remains in compliance with the City's MM/BE Ordinance and attests to its commitment by its signature on the Acceptance
of Previous MM/BE Commitment form executed by an authorized representative of its company.
Forest Park Pool is located in COUNCIL DISTRICT 9.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that funds are available in the General Fund and the PARD Gas Lease Capital Project Fund and that upon
approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the General Capital
Projects Fund and the PARD Gas Lease Capital Project Fund for the Forest Park ENFAC project to support the approval of the above
recommendations and execution of a contract. Prior to any expenditure being incurred, the Property Management Department and the Park &
Recreation Department has the responsibility of verifying the availability of funds.
Submitted for City Manager's Office by. Dana Burghdoff 8018
Originating Business Unit Head: Ricky Salazar 5134
Additional Information Contact:
Expedited