HomeMy WebLinkAboutOrdinance 25633-08-2022 ORDINANCE NO.25633-08-2022
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE DEVELOPER CONTRIBUTION FUND, IN THE
AMOUNT OF$320,000.00,FROM AVAILABLE FUNDS, FOR THE PURPOSE OF
FUNDING THE WALSH RANCH REGIONAL SW PLAN PROJECT (CITY
PROJECT NO.103844);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 2021-2022 in the
Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the
Developer Contribution Fund in the amount of$320,000.00,upon receipt of funds,for the purpose of funding
the Walsh Ranch Regional SW Plan project(City Project No. 103844).
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 25073-09-2021 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said prior ordinances and appropriations are hereby expressly repealed.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
Richard A.McCracken(Aug 12,2022 13:37 CDT) Jannette S.Goodall(Aug 12,2022 14:01 CDT)
Jannette S.Goodall
Assistant City Attorney City Secretary
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ADOPTED AND EFFECTIVE:August 9,2022 `;�
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DRAFTED
03598
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 08/09/22 M&C FILE NUMBER: M&C 22-0575
LOG NAME: 20SWM WALSH RANCH REGIONAL STORMWATER PLAN AMEND
SUBJECT
(CD 3)Authorize Execution of Amendment Number 1 to City Secretary Contract Number 56932,a Standard Agreement for Engineering Related
Professional Services with Freese&Nichols, Inc.,to Increase the Contract Amount by$640,000.00 for a Revised Contract Amount of
$730,000.00 for the Walsh Ranch Regional Stormwater Plan,Authorize Execution of Amendment Number 1 to City Secretary Contract Number
57359,a Developer Funding Agreement for Walsh Ranch Master Drainage Study with Walsh Ranches Limited Partnership,to Increase the
Developer Contributions in the Amount of$320,000.00 and City Participation in the Amount of$320,000.00 for a Revised Developer Contribution
in the Amount of$365,000.00 and a Revised City Participation in the Amount of$365,000.00,Adopt Appropriation Ordinances and Amend the
Fiscal Years 2022-2026 Capital Improvement Program
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of Amendment Number 1 to City Secretary Contract Number 56932,a Standard Agreement for Engineering Related
Professional Services with Freese&Nichols, Inc.,to increase the contract amount by$640,000.00 for a revised contract amount of
$730,000.00 for the Walsh Ranch Regional Stormwater Plan project(City Project No. 103844);
2. Authorize execution of Amendment Number 1 to City Secretary Contract Number 57359,a Developer Funding Agreement for Walsh Ranch
Master Drainage Study with Walsh Ranches Limited Partnership,to increase the developer contributions in the amount of$320,000.00 and
city participation in the amount of$320,000.00 for a revised developer contribution in the amount of$365,000.00 and a revised city
participation in the amount of$365,000.00;
3. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Stormwater Capital Projects Fund by
increasing estimated receipts and appropriations in the Walsh Ranch Regional SW Plan project(City Project No 103844)in the amount of
$275,000.00 and decreasing estimated receipts and appropriations in the Flooding Assessments programmable project(City Project No.
P00046)by the same amount;
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Developer Contribution Fund, in the
amount of$320,000.00, from available funds, for the purpose of funding the Walsh Ranch Regional SW Plan project (City Project
No.103844);and
5. Amend the Fiscal Years 2022-2026 Capital Improvement Program.
DISCUSSION:
Approval of this Mayor and Council Communication(M&C)authorizes execution of Amendment Number 1 to City Secretary Contract Number
56932, a Standard Agreement for Engineering Related Professional Services with Freese&Nichols, Inc.,to increase the existing contract by
$640,000.00 for a revised contract amount of$730,000.00 for the Walsh Ranch Regional Stormwater Plan. The M&C also authorizes execution of
Amendment Number 1 to City Secretary Contract Number 57359,a Developer Funding Agreement for Walsh Ranch Master Drainage Study with
Walsh Ranches Limited Partnership(Walsh),to increase the developer contributions in the amount of$320,000.00 and City participation in the
amount of$320,000.00 for a revised developer contribution in the amount of$365,000.00 and a revised City participation in the amount of
$365,000.00.
On March 8,2022, Mayor and Council Communication M&C 22-0162,the City Council authorized execution of a Developer Funding Agreement
with Walsh Ranches Limited Partnership,with developer contributions in the amount of$45,000.00 and City participation in the amount of
$45,000.00 to cost share in the development of a regional drainage master plan for Walsh Ranch. That M&C also discussed the intention to
amend the agreement to complete the full initiative if both Walsh and the City determined that doing so would meet the goals of the initiative. This
amendment continues the original agreement's 50/50 cost share. The City's cost share will come from the Stormwater Utility.
Initial work efforts by the City and Walsh established clear, and mutually agreed upon goals and deliverables for the study and initiated the
preliminary engineering. This amendment will complete the work effort through task orders,each with a detailed scope of work agreed upon by
both the City and Walsh. Over all work efforts would entail: (a)completing the preliminary engineering drainage study that includes an assessment
of properties in the same watershed that are upstream of Walsh Ranch;and (b)based on the study and its assumptions about drainage factors
upstream of Walsh,development of a comprehensive master drainage plan for all of Walsh Ranch. This includes the completion of the base
conditions modeling,the development of future conditions modeling,and the development of a plan to mitigate impacts associated with the Walsh
Ranch development.
With a comprehensive plan in place,future phases could be planned and designed based on baseline drainage conditions and an overall concept
for meeting City drainage standards that have already been agreed upon by Walsh,their consultants,and City staff. This will significantly reduce
the design effort for the Walsh team and the review effort for City staff leading to expedited acceptance of the drainage plan for each phase of the
Walsh Ranch development.
In addition to the benefits described above,this regional approach to assessing the drainage impacts of development in this watershed will:
1. More comprehensively mitigate the risk of adverse drainage impact for properties downstream of the Walsh Ranch development;
2. Provide valuable guidance and a drainage plan that can be used for developments in the City that are located upstream of Walsh Ranch;and
3. Provide a case study to determine the potential value and feasibility of commissioning similar regional studies and master drainage plans for
other undeveloped areas of the City.
Freese&Nichols, Inc.was selected as the most qualified consultant to conduct the study based on their submission on the Transportation and
Public Works Department, Stormwater Management Division's Request for Qualifications for Stormwater Management Professional and
Engineering Services issued on July 29,2021. The engineering agreement for the initial phase was executed administratively for a total cost not-
to-exceed$90,000.00. The engineering consultant proposes to complete the current and additional work for a total contract amount not to exceed
$730,000.00. Staff considers the fee to be fair and reasonable for the additional scope of services.
The action in this M&C will amend the Fiscal Years 2022-2026 Capital Improvement Program as approved in connection with Ordinance 25073-
09-2021, Section 6.Capital Improvements, as listed on page 27 as follows:
Revised
Capital FY2022 CIP Authority LBudgetAdjustmentj FY2022
Fund Name Project Name I Appropriations Budget
52002- P00046-
Stormwater Flooding
Capital ;Assessments
Projects i programmable
Fund project $1,292,982.001M&C 22-0162 ($90,500.00)I $1,202,482.00
52002- i P00046-
Stormwater Flooding
Capital Assessments
Projects programmable j
(Fund project $1,202,482.00,T his M&C ($275,000.00), $927,482.06
Funding is available in the Flooding Assessments programmable project for the purpose of funding the Walsh Ranch Regional SW Plan project.
Business Diversity: The City-funded portion of the agreement is less than$1,000,000;therefore,there is no goal requirement.
This project is located in COUNCIL DISTRICT 3.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are currently available in the Flooding Assessments programmable project within the Stormwater
Capital Projects Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinances,funds will be
available in the Stormwater Capital Projects Fund and Developer Contribution Fund through future identified task orders within the Walsh Ranch
Regional SW Plan project to support the approval of the above recommendations and execution of the amendment of the contract. Prior to an
expenditure being incurred,the Transportation&Public Works Department has the responsibility of verifying the availability of funds.
Submitted for City Manager's Office by: Dana Burghdoff 8018
Originating Business Unit Head: William Johnson 7801
Additional Information Contact: Jennifer Dyke 2714