HomeMy WebLinkAboutOrdinance 26559-10-2023 (2) Ordinance No. 26559-10-2023
AN ORDINANCE ADJUSTING APPROPRIATIONS IN THE 2022 BOND
PROGRAM FUND IN THE AMOUNT OF $900,000.00, BY INCREASING
APPROPRIATIONS IN THE EAST 4TH STREET-EAST 1ST STREET ON-
STREET BIKE LANE (CITY PROJECT NO.102601), AND DECREASING
APPROPRIATIONS IN THE BICYCLE FACILITIES PROGRAMMABLE
PROJECT(CITY PROJECT NO.PB0021)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 2023-2024 in the
Budget of the CityManager,there shall also be adjusted appropriations in the 2022 Bond Program Fund in
the amount of$900,000.00,by increasing appropriations in the East 4th Street-East 1st Street On-Street Bike
Lane(City Project No.102601),and decreasing appropriations in the Bicycle Facilities programmable project
(City Project No.P130021)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 26453-09-2023 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said prior ordinances and appropriations are hereby expressly repealed.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
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Assistant City Attorney Jannette S. Goodall a fa 0.
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ADOPTED AND EFFECTIVE: October 31,2023 ct
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• 111
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 10/31/23 M&C FILE NUMBER: M&C 23-0945
LOG NAME: 2024 E. 1ST ST/E.4TH ST ON-STREET BIKE LANE CONSTR CONTRACT
SUBJECT
(CD 8 and CD 11)Authorize Execution of a Contract with The Fain Group, Inc.,in the Amount of$2,916,021.70 for the East 4th Street and East 1 It
Street Federally Funded On-Street Bike Lane Construction Project,Adopt Appropriation Ordinance and Amend the Fiscal Years 2024-2028
Capital Improvement Program(2022 Bond Program)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of a contract with The Fain Group,Inc.,in the amount of$2,916,021.70 for the construction of the East 4th Street and
East 1st Street On-Street Bike Lane Project(City Project No. 102601);
2. Adopt the attached appropriation ordinance adjusting appropriations in the 2022 Bond Program Fund in the amount of$900,000.00 by
increasing appropriations in the East 4th Street-East 1st Street On-Street Bike Lane project(City Project No. 102601),and by decreasing
appropriations in the Bicycle Facilities programmable project(City Project No. P130021)by the same amount;and
3. Amend the Fiscal Years 2024-2028 Capital Improvement Program.
DISCUSSION:
The purpose of this Mayor and Council Communication(M&C)is to authorize execution of a contract with The Fain Group, Inc., in the amount of
$2,916,021.70 and authorize an additional$900,000.00 in funding for additional construction and construction administration costs associated
with the East 4th Street-East 1 st Street On-Street Bike lane Project(City Project No. 102601).
The City of Fort Worth advertised for the construction of the East 4th Street—East 1 st Street On-Street Bike Lane project(City Project No.
102601)in the Fort Worth Star-Telegram on May 25 and June 1,2023.
The following bids were received on June 29,2023:
Bidders Amount
The Fain Group $2,916,021.70
Fort Worth Civil Contractors LLC $3,524,034.96
The low bid was approximately$700,000.00 more than the engineer of record's estimate at the pre-bid phase due to price escalations in
materials and labor costs.The East 4th Street-East 1 st Street project provides for the construction of new,separated bicycle lanes, bicycle and
pedestrian signalization, bicycle and pedestrian counters,and related intersection improvements along the project corridor.The project received
$2,332,000.00 in Federal Funds via Advanced Funding Agreements(AFAs)with the Texas Department of Transportation (TxDOT) (M&C 21-
0715, City Secretary contract numbers 56524 and 56766(CSJ#:0902-90-195&CSJ#:0902-90-196), respectively).
The total project budget cost has a shortfall of approximately$900,000.00,of which$700,000.00 is for construction and$200,000.00 is for
construction administration cost and construction contingency for unknowns.The additional funds will come from the 2022 Bond Program Fund.
The table below summarizes past appropriations,sources,additional funding,and the estimated total cost of the project at completion:
East 4th Street-East 1st Street On-Street Bike Lane(CPN
102601)
Existing Additional Project
Fund Funding Appropriation Funding
Total
34014-2014 Bond $ 23,200.00��$ 23,200.00
34018-2018 Bond $1,021,800.00��$1,021,800.00
34027-2022 Bond $ 900,000.00 $ 900,000.00
31001 -Grants Capital $2 332,000.00 $2,332,000.00
Projects-Federal_
31003 Grants Capital F$ 466,400.00
$ �,400.00
Project-Others
Grand Total $3,843 400.00 000.00 $4,743,400.00
-- 1-- _O $ 900, I
Funding for this project was not included in the Fiscal Years(FY)2024-2028 Capital Improvement Program because final construction costs were
not known at the time of CIP development.The action in this M&C will amend the FY2024-2028 Capital Improvement Program as approved in
connection with Ordinance 26453-09-2023.
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).
Funding is budget in the Bicycle Facilities project within the 2022 Bond Program Fund.
Since this project has federal funds,TxDOT set the Disadvantaged Business Enterprise(DBE)goal.The TxDOT DBE goal on this project is 6%.
The Fain Group Inc.is in compliance with the TxDOT DBE goal for the project by committing 6.23%.
This project is located in COUNCIL DISTRICT 8 and COUNCIL DISTRICT 11.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are currently available in the Bicycle Facilities 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 for the E 4th St&E 1 st St Improvement project to support the above recommendations and execution of the contract. Prior to an expenditure
being incurred,the Transportation and Public Works Department has the responsibility of verifying the availability of funds.
Submitted for City Manager's Office by. William Johnson 5806
Originating Business Unit Head: Lauren Prieur 6035
Additional Information Contact: Monty Hall 8662
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