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HomeMy WebLinkAboutOrdinance 20798-07-2013 ORDINANCE NO.20798-07-2013 AN ORDINANCE RENEWING THE UNIT PRICES FOR CITY PARTICIPATION IN CERTAIN COMMUNITY FACILITIES AGREEMENTS ADOPTED JUNE 22, 2010; PROVIDING FOR STAFF TO DEVELOP ADMINISTRATIVE RULES FOR INTERIM REVIEW AND ADJUSTMENT TO UNIT PRICES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Fort Worth participates from time to time in the cost of certain paving, storm drainage, water and wastewater projects in accordance with the "Policy for the Installation of Community Facilities"; and WHEREAS, the City Council adopted Ordinance No. 14552 on March 20, 2001 (as subsequently amended) to establish unit prices for City participation in certain Community Facilities Agreements as provided by the "Policy for the Installation of Community Facilities"(M&C G-13181, March 20, 2001); and WHEREAS, the City Council adopted Ordinance No. 19192-06-2010 on June 22, 2010 to update unit prices for City participation in certain Community Facilities Agreements as provided by the"Policy for the Installation of Community Facilities"; and WHEREAS, City staff have identified a need for the development of a policy governing the implementation, updating and use of unit prices in the interim period between formal unit price updates; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS: SECTION 1. The unit prices and bid items established in Ordinance No. 19192-06-2010 shall remain in place until subsequently amended. SECTION 2. City staff shall be authorized to develop administrative rules to govern the interim review of unit prices upon request by an interested third party, but no such request shall be reviewed unless there is no established unit price for an item or the requested unit price to be paid by the City is greater than 15% higher than the ordinance-approved unit price. Staff shall utilize Attachment A, attached hereto and incorporated herein, as a guide for reviewing and establishing interim unit prices. Ordinance No.20798-07-2013 Page 1 of 2 SECTION 3. This ordinance sbuU he cumulative of all provisions of ordinances and of the Code of the City of Fort YVodb, Texas (1986)` as amended, except n/bnrs the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 4. It is hereby declared to be the iub:udou of the City Council that the aeobnua` paragraphs, munttoccu, o}momca and pbruoco of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or aeudoo of this ordinance ebu|| he declared unconstitutional hythe valid Judgment nrdecree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the ionozynrudon in this ordinance of any such ouonnodtutiouu1 phrose, u\unsn, sentence, paragraph orsection. SECTION 5^ This ordinance shall take effect upon approval, and shall remain in effect until the City Council repeals or amends this ordinance. APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney K4 J City Secret y ADOPTED: July 16, 2013 EFFECTIVE: Ordinance No.20798-07-2013 Page 2of2 _ Attachment A CFA Unit Price Alternative Methods (UPAM): Method 1: Use previous and/or similar items with similar quantities of City of Fort Worth (CFW) public bid jobs that are within the two years of the proposed project subject to CFW Engineer's approval. Method 2: Use other Fort Worth-area metroplex cities' public bid items of the same spec and similar quantities that are within the two years of the proposed project subject to CFW Engineer's approval. Developer or his representative is required to provide this information to the City for review. Method 3: Use an agreed unit price derived from weighted average formula with a panel of two members from each applicable city department, one contractor and 'the developer's representative of the proposed project. To demonstrate the calculation of weighted average: Unit Price per project: 10 8 5 4 3 2 1 Number of Units per project: 2 2 1 10 8 7 68 1 . Multiply each unit price by the number of units of each project. (Ans: 20, 16, 5, 40, 24, 14, and 68) 2. Add up the products of the Unit price times number of units to get the total value. (Ans: Sum=187) 3. Add the number of units themselves to get the total weight. (Ans: Sum=98) 4. Divide the total value by the total weight to get weighted average for that unit price item. (Ans: 187/100 = 1.91) City of Fort Worth, Texas Mayor and Council Communication „mmuowwoue?zmauuuuwmwmmn... muuumwoianoownwwmow,wmnumwruermwwwwrmoovrv+rvrnum cwmi,o„mmw n mmaorman rc.. . w rarrt, t...�uarowa mrrmnnwivrmemannn�mrvru rm: h mumwurrc nan nenuuavrerra,wau.Gnunmvrvaumamwmoi�mwna rvmwmmr nw¢wnwwsstiwioimwmauuwMruavwwmdmrramuttmmiuuw�,ww,ummuu�mue C0Q1NCI1,.,',ACT10W1 Approved ort 7116/2013.',- Ordilna=6,No 31MMMIWfIMOINIVWWOVI'P0911tliMINOWpgPoMryWUINmPMMNWpimNmMNIONM @fiiMUNNLIOMIvIUAhAtlY.Y!m MinlmMWa�(�niv^:I.I(ttN pan wvwmMP Y' vN @v Ynrve MVi4b(rewwtm ranNnom'wta v.MLW,M'wrvivu �i vu!Mxal mmm q..n.mrrNOWMJiONOttItWN iTrtVNANMImimlmCUW�IrvfmitlNNBIVNIVIW4WWNi�N'WOOINI!%4YNMXMIkIIR OI�IWPWIIWppRIIINMUNIWNVWWW!VWW.WPWNNNW DATE: Tuesday, July 16, 2013 REFERENCE NO.: **G-17935 LOG NAME: 06UNIT PRICE ORDINANCE SUBJECT: Authorize Ordinance Renewing the Current Unit Prices for Construction Contracts and Providing for Staff to Develop Administrative Rules for Interim Review of the City of Fort Worth's Unit Prices (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council adopt the attached Ordinance renewing the City of Fort Worth's Unit Prices, Ordinance No. 19192-06-2010, June 22, 2010, and allowing Staff to establish administrative rules for interim adjustments to the City of Fort Worth's Unit Prices. DISCUSSION: The City Council adopted Ordinance No. 14552 on March 20, 2001 to establish Unit Prices for City participation in certain Community Facilities Agreements as provided by the Policy for the Installation of Community Facilities (M&C G-13181, March 20, 2001). The most recent update to the unit prices occurred via Ordinance No. 19192-06-2010, adopted on June 22, 2010. As part of the broader Development Process Improvements effort being coordinated by the Planning and Development Department, members of the Development Advisory Committee (DAC) identified outdated and/or missing City's Unit Prices as being a significant barrier to partnering with the City of Fort Worth for the construction of public infrastructure. The development community contends that the City's Unit Prices are outdated, inflexible, too narrowly focused, and do not properly reflect the true costs of construction in today's environment. Where there are items not specified on the City's Unit Price list, the City is not able to reimburse for that specific item unless the developer obtains a price for that item through a public bid process. Staff and members of DAC have identified a need for the development of rules governing the implementation, updating and use of unit prices in the interim period between formal unit price updates, by which the City's Unit Prices could be adjusted on a case-by-case basis. The methodology will generally average the unit cost line items captured in three types of public infrastructure projects: City Capital Improvement Program projects, publicly bid developer let CFA projects with City participation, and privately priced developer only CFA projects (with no City participation). In March 2012, the Planning and Development Department created and launched a new software tool called BidTool that allows developers and Staff to collect and report unit cost information for the three aforementioned project categories into a master database. BidTool allows Staff to quickly analyze unit price data to determine what the current average bids are for any Unit Price line item. Since the bid data is updated on a regular basis with this tool, Staff now has the ability to quickly and efficiently monitor the City's Unit Prices which ensures both that the City is not overpaying for unit price items where market costs have decreased and that the Developer participating with the City is paid for eligible expenses. Logname: 06UNIT PRICE ORDINANCE Page 1 of 2 Staff recommends the adoption of the attached Ordinance renewing the City's current Unit Prices and authorizing Staff to develop administrative rules for a case-by-case review and interim adjustment to unit prices. Formal Unit Price updates will still be made periodically, and adopted by ordinance as per state law. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. FUND CENTERS: TO F u nd/Accou nt/C enters FROM Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Randle Harwood (6101) David Schroeder (2239) Additional Information Contact: Doug Rademaker (6157) Logname: 06UNIT PRICE ORDINANCE Page 2 of 2