HomeMy WebLinkAboutOrdinance 26915-05-2024Ordinance No. 26915-05-2024
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE INTERGOVERNMENTAL CONTRIBUTION FUND,
IN THE AMOUNT OF $1,315,310.00, FROM THE CONTRIBUTION OF CITY OF
ARLINGTON, FOR THE PURPOSE OF FUNDING THE TRINITY TRAILS
CONNECTION PROJECT (CITY PROJECT NO. 101767) TO COVER AN
INCREASED SHARE OF DESIGN AND ENGINEERING SERVICES, AND
INCREASED CONSTRUCTION COSTS; 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 City Manager, there shall also be increased estimated receipts and appropriations in the
Intergovernmental Contribution Fund, in the amount of $1,315,310,00, from the contribution of City Of
Arlington, for the purpose of funding the Trinity Trails Connection project (City Project No. 101767) to cover
an increased share of design and engineering services, and increased construction costs.
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said prior ordinances and appropriations are hereby expressly repealed.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:
Dou&, Bt—k (May 28, 202410:14 CDT)
Assistant City Attorney
ADOPTED AND EFFECTIVE: May 14, 2024
CITY SECRETARY
Jannette S. Goodall
City Secretary
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: 05/14/24 M&C FILE NUMBER: M&C 24-0434
LOG NAME: 80TRINITY TRAILS EAST- PHASE Il
SUBJECT
(CD 5) Authorize Execution of a Contract with The Fain Group, Inc., in the Amount of $3,571,216.00 for the Construction of Trinity Trails East -
Phase 11; Authorize Execution of Amendment No. 1 to the Interlocal Agreement with the City of Arlington, Texas to Accept Additional Funds of
$1,315.310.00 for Final Design and Engineering Services, and Increased Construction Costs Due to Material Cost Increases and General Inflation
Factors for Trinity Trails East - Phase 11; Authorize the Execution of the Credit Purchase Agreement with Wild -TX Lands, LLC, Not to
Exceed $150,000.00, for the Purchase of Mitigation Credits from the U.S. Army Corps of Engineers; Authorize the Execution of the Credit
Purchase Agreement with Rockin' K on Chambers Creek, LLC, Not to Exceed $150,000.00, for the Purchase of Mitigation Credits from the U.S.
Army Corps of Engineers; Adopt the Appropriation Ordinance, and Amend the Fiscal Year2024-2028 Capital Improvement Program
RECOMMENDATION.
It is recommended that the City Council:
1. Authorize execution of a contract with The Fain Group, Inc., in the amount of $3,571,216.00 for the construction of Trinity Trails East - Phase II
(Trinity Trails Connection, City Project No.101767);
2. Authorize execution of Amendment No. 1 to the Interlocal Agreement with the City of Arlington, Texas, (City Secretary Contract No. 55377) to
accept additional funds in an amount of $1,315,310.00;
3. Authorize the execution of the credit purchase agreement with Wild -TX Lands, LLC, not to exceed $150,000.00, for the purchase of
mitigation credits from the U.S. Army Corps of Engineers;
4. Authorize the execution of the credit purchase agreement with Rockin' K on Chambers Creek, LLC, not to exceed $150,000.00, for the
purchase of mitigation credits from the U.S. Army Corps of Engineers;
5. Adopt the appropriation ordinance increasing estimated receipts and appropriations in the Intergovernmental Contribution Fund in an
amount of $1,315,310.00 for Trinity Trails East - Phase 11; and
6. 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
$3,571,216.00 for the construction of Trinity Trails East - Phase 11; execute Amendment No.1 to the Interlocal Agreement with the City of Arlington,
Texas; authorize execution of two Credit Purchase Agreements for the purchase of mitigation credits from the U.S. Army Corps of Engineers
(USACE); adopt the attached appropriation ordinance, and amend the Fiscal Years 2024-2028 Capital Improvement Program.
The project was posted on the City purchasing website and the Fort Worth Star -Telegram on December 7 & 14, 2023. The following bids were
received on January 11, 2024:
Contractor
Base Bid
Base Bid
Total Bid
Unit I
Unit II
I
The Fain Group, Inc.
$2,271,406.00
$1,299,810.00
$3,571,216.00
2L Construction, LLC
I$2,504,545.00
$1,623,642.00
$4,128,187.00.
Cole Construction, Inc.
$3,566,546.70
$2,067,Oi 1.71
$5,633,558.41
MW Panel Tech
$3,943,340.50
$2,028,706.50
$5,972,047.00
McCarthy Building
Companies, Inc.
$3,856,042.78 ��l
2,177,850.17
$6,033,892.95
Reyes Group Ltd.
i$3,696,744.50
$2,425,067.50
$6,121,812.00�
Urban InfraconstruGion,
LLC
$4,121,389.00
$2,165,130.00
$6,286,519.00
Base Bid Unit I items for Trinity Trails East - Phase 11 include Gearing and grubbing, mid -block crossing, 54,000 square feet of trail, pedestrian
bridge construction and demolition of West Fork Trinity River Pedestrian Bridge. Base Bid Unit II items for Trinity Trails East - Phase If
include clearing and grubbing, 11,295 square feet of 12' trail, and pedestrian bridge construction.
Construction of this project is anticipated to begin May 2024 and completed in May 2025.
Funding for additional design and construction costs for Trinity Trails East - Phase 11 were not included in the Fiscal Years (FY) 2024-2028 Capital
Improvement Program due to increased costs from the original estimate.The action in this M&C will amend the FY2024-2028 Capital Improvement
Program as approved in connection with Ordinance 26453-09-2023.
'Trinity Trails East - Phase II is estimated to increase the department's annual maintenance by $35,172.00 beginning in FY2025. As of February,
`2024, the cumulative total of all previously approved M&Cs increased the department's estimated annual maintenance by $462,691.00 beginning
in FY2025.
The Fain Group, Inc., is in compliance with the City's Business Equity Ordinance by committing to 11 % MWBE participation and documenting a
good faith effort. The Fain Group, Inc., identified several subcontracting and supplier opportunities. However, the firms contacted in the areas
identified did not respond or did not submit the lowest bids. The City's MWBE goal on this project is 18%.
On January 12, 2021 (M&C 21-0061) the City Council authorized the execution of an Interlocal Agreement with the City of Arlington, Texas for its
anticipated share of the design and construction costs in the amount of $647,682.50. This amendment to the ILA (City Secretary Contract
No. 55377) will increase the City of Arlington's contribution by $1,315,310.00 for a total amount of $1,962,992.50 to cover an increased share of
design and engineering services, and increased construction costs.
On August 23, 2023 USACE issued a Permit Compliance Certification for Trinity Trails East -Phase II of construction that included a compensatory
mitigation plan.
Wild -TX Lands, LLC, and Rockin' K on Chambers Creek, LLC, are established mitigation banks allowing for the sale of mitigation credits to third
parties in need of such mitigation, as approved by USAGE. A Purchase of Mitigation Agreement, not to exceed $150,000.00 each, is needed for
the transfer of credits to compensate for the loss of aquatic resources.
Funding is budgeted in the 2018 Bond Program and Intergovernmental Contribution Funds for the purpose of funding the Trinity Trails East- Phase
II (Trinity Trails Connection).
Trinity Trails East- Phase [I located in COUNCIL DISTRICT 5.
FISCAL, INFORMATION I CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budget, as appropriated, in the 2018 Bond Program and
Intergovernmental Contribution Funds for the Trinity Trails Connection project and upon approval of the above recommendations, execution of the
contract & interiocal agreement, and adoption of the attached appropriation ordinance, funds will be deposited into the Intergovernmental
Contribution Fund. The Park & Recreation Department (and Financial Management Services) is responsible for the collection and deposit of
funds due to the City. Prior to any expense being incurred, the Park & Recreation Department also has the responsibility to validate the availability
of funds.
Submitted for City Manager's Office by: Jesica L. McEachern 5804
Originating Business Unit Head: Richard Zavala 5704
Add itiQrLaLlnformation Contact: Joel McElhany 5745