HomeMy WebLinkAboutOrdinance 26412-09-2023ORDINANCE NO. 26412-09-2023
AN ORDINANCE INCREASTING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE PARD DEDICATION FEES IN THE AMOUNT OF
$2,500,000.00, FROM AVAILABLE FUNDS, FOR THE PURPOSE OF FUNDING
$2,200,000.00 FOR THE NORTHWEST COMMUNITY CENTER PROJECT (CITY
PROJECT NO. 101650) AND $300,000.00 FOR THE NORTHWEST CC SOUTH
DRIVE PROJECT (CITY PROJECT NO. 102759); 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 PARD
Dedication Fees in the amount of $2,500,000.00, from available funds, for the purpose of funding
$2,200,000.00 for the Northwest Community Center Project (City Project No. 101650) and $300,000.00 for
the Northwest CC South Drive Project (City Project No. 102759).
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said prior ordinances and appropriations are hereby expressly repealed.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:
Assistant City Attorney
ADOPTED AND EFFECTIVE: September 12, 2023
CITY SECRETARY
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Jannette S. Goodall
City Secretary
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City of Fort Worth,
Mayor and
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Council Communication
DATE: 09/12/23 M&C FILE NUMBER: M&C 23-0770
LOG NAME: 21 NORTHWEST CC CONTRACT AMENDMENT
SUBJECT
(CD 7) Authorize Execution of a Change Order for Construction Manager at Risk Contract with Byrne Construction Services, in an Amount of
$2,195,647.00, Including an Owners Construction Contingency Allowance, for a Total Project Budget of $17,343,647.00 , Adopt Appropriation
Ordinance and Amend the Fiscal Years 2023-2027 Capital Improvement Program (2018 Bond Program) for Northwest Community Center
RECOMMENDATION:
It is recommended that the City Council
1. Authorize a change order for Construction Manager at Risk contract with Byrne Construction Services, in an amount of
$2,195,647.00, including an Owner's Construction Contingency Allowance, for a total project budget of $17,343,647.00-1
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the PARD Dedication Fees in the amount
of $2,500,000.00, from available funds, for the purpose of funding $2,200,000.00 for the Northwest Community Center project (City Project
No. 101650) and $300,000.00 for the Northwest CC South Drive project (City Project No. 102759); and
3. Amend the Fiscal Years 2023-2027 Capital Improvement Program for the Northwest Community Center.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of a change order for Construction Manager at Risk
contract with Byrne Construction Services, in an amount of $2,195,647.00, including an Owner's Construction Contingency Allowance, for a total
project budget of $17,343,647.00 for the new Northwest Community Center.
The 2018 Bond Program included construction of a new Northwest Community Center. It was determined that the CMAR would be the best
delivery method. Following a Request for Qualifications (RFQ) process and interviews, staff administratively executed a professional services
agreement with Brinkley Sargent Wiginton Architects, Inc. Once a scope of work and initial budget was defined, a Request for Qualifications was
advertised in the Fort Worth Star -Telegram on September 23, 2021 and September 30, 2021. The City of Fort Worth received twelve proposals
from CMAR contractors and it was determined that the Byrne Construction Services proposal offered the best value to the City.
The overall project costs are expected to be as described in table below:
Project Budget (
TOTALS
Architectual Design Fees
$ 1,165,277.00
Anticipated CMAR Construction Cost (Including
$12,905,086.00
Owner's Construction Allowance)
Change Order 1$
2,195,647.001,
Project Administration Cost (Site Utilities, IT, Security,
Project Management, Contingency, FFE, Kitchen
$ 1,077,637.00ii
Equipment, Etc.) i
I
PROJECT TOTAL
$17,343,647.00
Funding for this Change Order was not included in the Fiscal Years (FY) 2023-2027 Capital Improvement Program due to inflated materials costs,
and unanticipated utilities costs, which include the requirement that the domestic water and fire line be a looped system connecting the southern
subdivision and Blue Mound Road. 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 2018 Bond Program. Available resources within the General Fund will be used to provide interim financing until debt
is issued. Once debt associated with the project is sold, bond proceeds will reimburse the General Fund in accordance with the statement
expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance No. 23209-05-2018)
and subsequent actions taken by the Mayor and Council.
Building Operating and Maintenance - There are several operating and maintenance costs associated with the new facility. Property
Management Department anticipates the annual operating impact for maintenance associated with this project, beginning in the second quarter of
Fiscal Year 2024, to be $187,000.00 annually. The Park & Recreation Department anticipates the annual operating impact for grounds
maintenance associated with this project, beginning in the second quarter of Fiscal Year 2024, to be $20,951.00 annually. Summary of all costs is
as follows:
Operating and Maintenance Costs[
I
Facilities Maintenance
$43,500.00;
Facilities Services
$43,500.00
Utilities
$100,000.00j
Landscape !
$20,951.00�
I Total
$207,951.00
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 — Byrne Construction Services. agrees to maintain its initial MM/BE commitment of 20% that it made on the orginal contract
and extend and maintain the same M/WBE commitment of 20% to this first change order. Therefore Byrne Construction Services remains in
compliance with the City's M/ BE Ordinance and attests to its commitment by its signature on the Acceptance of Previous M/ BE Commitment
form executed by an authorized representative of its company.
The new Northwest Community Center is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that funds are currently available in the Neighborhood Park Units 5-01, 5-17, and 6-06 projects within the PARD
Dedication Fees Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be
available in the PARD Dedication Fees Fund for the Northwest Community Center project and the Northwest CC South Drive project for the
execution of the change order. Prior to any expenditure being incurred, the Property Management and Park and Recreation Departments have the
responsibility to validate the availability of funds.
Submitted for City Manager's Office-W. Dana Burghdoff 8018
Originating Business Unit Head: Steve Cooke 5134
Additional Information Contact: Nikita Watts 2028
Scott Penn 5750
Expedited