HomeMy WebLinkAboutOrdinance 26762-03-2024Ordinance No. 26762-03-2024
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE GOVERNMENT COMMUNITY FACILITIES
AGREEMENT FUND, IN THE AMOUNT OF $70,000.00.00, FROM AVAILABLE
FUNDS, FOR THE PURPOSE OF FUNDING THE CFA-N BEACH ST (SH170 TO
SARATOGA DOWNS WAY) PROJECT (CITY PROJECT NO. 103773);
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
Government Community Facilities Agreement Fund in the amount of $70,000.00, from available funds, for
the purpose of funding the CFA-N Beach St (SH170 to Saratoga Downs Way) project (City Project No.
103773).
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said prior ordinances and appropriations are hereby expressly repealed.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:
Richard McCtcken Mar 26, 2624 Z2712 CDT)
Assistant City Attorney
ADOPTED AND EFFECTIVE: March 19, 2024
CITY SECRETARY
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Jannette S. Goodall
City Secretary
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: 03/19/24 M&C FILE NUMBER: M&C 24-0186
LOG NAME: 06N. BEACH ST (SH170 TO SARATOGA) CHANGE ORDER 2
SUBJECT
(CD 10) Authorize Execution of Change Order No. 2 to City Secretary Contract No. 59151, a Community Facilities Agreement with City
Participation with Hillwood Alliance Services, LLC, Increasing Developer Participation by $476,433.00 and Increasing City Participation by
$66,666.50, for the North Beach Street between State Highway 170 and Saratoga Project, Amend the Fiscal Years 2024-2028 of Capital
Improvement Program, and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council;
1. Authorize execution of Change Order No. 2 to City Secretary Contract No. 59151, a Community Facilities Agreement with City participation
with Hillwood Alliance Services, LLC, increasing developer participation by $476,433.00 and increasing City participation by $66,666.50 for
the North Beach Street between State Highway 170 and Saratoga project (City Project No. 103773);
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Govemment Community Facilities
Agreement Fund in the amount of $70,000.00, from available funds, for the purpose of funding the CFA-North Beach Street (State Highway
170 to Saratoga Downs Way) project (City Project No. 103773);
3. Amend the Fiscal Years 2024-2028 Capital Improvements Program.
DISCUSSION:
The purpose of this Mayor and Council Communication is to increase contractual authority for a Community Facilities Agreement, with the
additional City participation covered by previously appropriated funds, and to appropriate available funds to cover increased inspection costs on
an interim basis.
On December 14, 2021 Mayor & Council Communication (M&C) (21-0945), the City Council authorized execution of a Community Facilities
Agreement with Hillwood Alliance Services, LLC, with City participation, adopted an ordinance increasing estimated receipts and appropriations
in the Transportation Impact Fee Capital Fund, and adopted an ordinance adjusting estimated receipts and appropriations in the Water/Sewer
Bond 2016 Fund.
On April 25, 2023 Mayor & Council Communication (M&C) (23-0294), the City Council authorized appropriating new developerfunds from CFA
Developer (30114) Fund in the amount of $37,075.00.
Change Order No. 1 was required to align the executed bid proposal in the project manual with the executed CFA.
Change Order No. 2 is required to pay for the additional lime treatment application required for N. Beach Street and for storm drain design
revisions that occurred during construction. Change Order No. 2 will increase the developer participation by $476,433.00 and will increase the
City participation by $66,666.50. An additional 10 working days are included with this change order.
The following table summarizes previous contract action and change orders:
M&C
Developer's
City's Cost I
Total Cost
Number
Date
Co
Initial
M&C
December14,
Contract
$1,321,164.00
$2,991,583.25
$4,312,747.25
2021
CS59151
21-0945
Change
Order 1
$o.oa
OhdeCan92
$476,433.00
$66,666.50
$543,099.50
M&C
Contract
Total
E797,:5:9:7:0:0�1$3,058,249-7]5$��=
Funding for the increased City participation is available in the CFA-North Beach Street (State Highway 170 to Saratoga Downs Way) project
within the Transportation Impact Fee Capital Fund; because the funds are in teh project, no further Council action is needed to utilize dollars for the
North Beach Street increase. The attached appropriation ordinance adjusts appropriations Goverment Community Facilities Agreement Fund -
adding $70,000.00 to this project and reducing the Unspecified project by the same amount to provide iterim funding for certain developer costs
associated with North Beach Street between State Highway 170 and Saratoga project.
This funding aims to cover inspection services expenses and ensure that the project does not face a shortage of funds. Due to delays on the
project, inspection costs have increased, and the estimated fees previoulsy paid by the developer are not enough to cover the increased costs.
The appropriation ordinance is a temporary measure to provide interim funding for inspection costs until the project is complete. The developer is
contractually obligated to pay these costs to the City once the project is completed and closed out.
Funding for this project was included in the FY2024-2028 Capital Improvement Program for year2024. Accelerated funding is needed for this
project due additional lime stablization for North Beach Street and storm drain modifications. The action in this M&C will amend the FY2024-2028
Capital Improvement Program as approved in connection with Ordinance 26453-09-2023.
Funding for the North Beach Street between State Highway 170 and Saratoga Downs Way project is depicted below:
Fund Existing Additional project Total
Appropriations Appropriations
Transportation Impact $2,890,550.00 $0 $2,890,550.00
Fee Cap - Fund
30108
CFA Developer-- $37,075.00 $0 $37,075.00
Fund 30114
Water/Sewer Bond $209,450.00 $0 $209,450.00
2016 — Fund 56005
Govt Community $0 $70,000.00 $70,000.00
Facilities Agmt - Fund
30111
Project Total $3,137,075.00 $70,000.00 $3,207,076.00
DVIN does not set a Business Equity goal for developer portions of Community Facilities Agreements on Change Orders and/or Amendments.
The project is located in COUNCIL DISTRICT 10.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that funds are currently available in the Unspecified -All Funds project within the Government Community Facilities
Agreement Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available
in the Goverment Community Facilities Agreement Fund for the CFA North Beach Street (State Highway 170 to Saratoga Downs Way) project.
Priorto an expenditure being incurred the Development Services department has the responsibility of verifying the availability of funds.
Submitted for City Manager's Office by: Dana Burghdoff 8018
Odginating_Susiness Unit Head: D.J. Harrell 8032
Addition aT-1 nfo rmation Contact: VictorV. Tomero Jr 7800