HomeMy WebLinkAboutOrdinance 26773-03-2024Ordinance No. 26773-03-2024
AN ORDINANCE ADJUSTING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE WATER & SEWER CAPITAL PROJECT 2018 FUND,
BY INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE
COMMUNITY FACILITIES AGREEMENT BUCKET PROGRAMMABLE
PROJECT (CITY PROJECT NO. P00001) IN THE AMOUNT OF $1,925,139.00 AND
DECREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE
UNSPECIFIED -ALL FUNDS PROJECT (CITY PROJECT NO. UNSPEC) BY THE
SAME AMOUNT; 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 adjusted estimated receipts and appropriations in the Water &
Sewer Capital Project 2018 Fund, by increasing estimated receipts and appropriations in the Community
Facilities Agreement Bucket programmable project (City Project No. P00001) in the amount of $1,925,139.00
and decreasing estimated receipts and appropriations in the Unspecified -All Funds project (City Project No.
UNSPEC) by the same amount.
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said prior ordinances and appropriations are hereby expressly repealed.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: CITY SECRETARY
Richard McCNacken Mar 26, 2p2a 7d:]2 CDT
Jannette S. Goodall
Assistant City Attorney City Secretary
ADOPTED AND EFFECTIVE: March 19, 2024
City of Fort worth, Texas
Mayor and Council Communication
DATE: 03/19/24 M&C FILE NUMBER: M&C 24-0223
LOG NAME: 60CATTLEMANS CROSSING PHASE 1 WATER & SEWER IMPROVEMENTS
SUBJECT
(CD 10) Authorize Execution of a Community Facilities Agreement with Ashton Dallas Residential, LLC, with City Participation in the Amount Not
to Exceed $1,609,868.66 for Oversizing 8-Inch and 12-Inch Water Mains Along Street B of the Proposed Development to a Continuous 16-inch
Water Main, Oversizing 8-Inch and 12-I6ch Water Mains On the Northeastern Frontage of the Development to a 24-Inch Water Main With an
Additional 166 Linear Feet of Pipe and Oversizing a 10-Inch Sewer Main to a 12-Inch Sewer Main Along Street B for Cattleman's Crossing Phase
1 Development Located in North West Fort Worth, and Adopt Appropriation Ordinance to Effect a Portion of Water's Contribution to the Fiscal
Years 2024-2028 Capital Improvement Program
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of a Community Facilities Agreement with Ashton Dallas Residential, LLC with City participation in an amount not to
exceed $1,609,868.66 for oversizing 8-inch and 12-inch water mains along Street B of the Development to a continuous 16-inch water main,
oversizing 8-inch and 12-inch water mains on the northeastern frontage of the development to a 24-inch water main with an additional 166
linear feet of pipe and oversizing a 10-inch sewer main to a 12-inch sewer main along Street B for Cattleman's Crossing Phase 1
Development located in north west Fort Worth; and
2. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Water & Sewer Capital Project 2018
fund by increasing estimated receipts and appropriations in the Community Facilities Agreement Bucket programmable project (City Project
No. P00001) in the amount of $1,925,139.00 and decreasing estimated receipts and appropriations in the Unspecified All Funds project
(City Project No. UNSPEC) by the same amount for the purpose of funding the Community Facilities Agreement— CFA Cattleman's
Crossing Ph 1 project (City Project No.104562) and to effect a portion of Water's contribution to the Fiscal Years 2024-2028 Capital
Improvements Program.
DISCUSSION:
Ashton Dallas Residential, LLC (Developer) is constructing the Cattleman's Crossing Phase 1 development project located east of U.S Business
287 and south of Avondale Haslet Road. The City is participating in the water public improvements to oversize an 8-inch and 12-inch water mains
to a 16-inch water main located on Street B to serve on -site development. Also, the City is participating in the water public improvements to
oversize an 8-inch and 12-inch water mains to a 24-inch water main along the northeastern frontage for the development of which 166 linear feet is
an additional pipe to extend across the railroad tracks to meet the City's needs for future capacity. The City will pay 100% of the price difference
for the oversizing of an 8-inch and 12-inch water mains to 2,617 linear feet of a 16-inch water main at an estimated cost of $539,968.03. The City
will pay construction cost for 2,867 linear feet of a 24-inch water main is estimated to be allocated at 18.3% for the Developer and 81.7% for the
City for an estimated cost to the city of $1,028,573.00. Additionally, the City is participating in sewer public improvements to oversize an 10-inch
sewer main to 12-inch sewer main to the existing lift station to serve the Cattleman's Crossing Phase 1 Development. The City will pay 100% of
the price difference for the oversizing from a 10-inch to 399 linear feet 12-inch at an estimated cost of $7,810.60. The City's calculation for city
participation is in accordance with the City's Community Facilities Agreement (CFA) unit price ordinance number 23657-05-2019. The
Cattleman's Crossing Phase 1 project is assigned City Project No. 104562 and Accela System Record IPRC23-0086.
In accordance with Chapter 212, Subchapter C of the Texas Local Government Code, the City's participation in the contract is exempt from
competitive bidding requirements because the contract is for oversizing public improvements being constructed by the Developer, the Developer
will execute a performance bond to cover the total project cost, including all of the City's cost participation, and the City's cost participation will be
determined in accordance with the City's Community Facilities Agreement (CFA) unit price ordinance.
The City's cost participation in oversizing the water and sewer mains is estimated to be in an amount not to exceed $1,609,868.66 as shown in the
table below. Payments to the Developer are estimated to be $1,576,351.63 for construction costs and $31,527.03 for material testing. The City's
cost participation also includes $1,990.00 to cover the City's portion of construction inspection service fees, administrative material testing fees,
and water,lab fees. An additional $315,270.33 in the contingency funds will cover the City's portion of any change orders.
The following table shows the cost sharing breakdown for the project between all parties:
A. Public improvements
DeveloperCost
City Cast
TataI Cost
1A- Water-100% Developer
$415,961.00
$0.00
$415,961.00
1 B- Water-(8 &12-inch to 16-
inch)
$253,880.171
$539,968.031
$793,848.20
I B- Water- (8 & 12-inch to 24-
inch)
$288,836.80
$1,028,573.00
$1,317,409.80
2. Sewer- (10-inch to 12-inch)
$580,193.40
$7,810.60
$597,004.00
Total Water/Sewer Improvements
$1,547,871.37
$1,576,351.63
$3,124,223.00
Water Contingency 20%
$0.00
$315,270.33
$315,270.33
3. Drainage
$830,335.00
$0.00
$830,335.00
4. Paving
$1,218,763.00
$0.00$1,218,763.00
5. Street Lighting
$275,999.00
$0.00
$275,999.00
B. Inspections & Testing
1. Construction Inspection Fee
$88,500.00
$1.500.00
$90,000.0Q
2. Admin Material Testing Fee
$17,885.00
$490.00
$18,375.00
3. Material Testing Cost
$0.00
$31,527.03
$31,527.03
4. Water Lab Fee
$1,440.00
$0.00
$1,440.00
Total Project Cost
$3,980,793.37
$1,925,138.99
$5,905,932.36
*Numbers will be rounded up for accounting purposes.
The reimbursement of the City participation, excluding inspection and material testing fees, is not a lump -sum amount and may be less than the
stated amount depending upon the actual quantities and unit prices from the Notice of Final Completion package, commonly referred to as the
Green Sheet package.
It is the practice of the Water Department to appropriate its CIP plan throughout the Fiscal Year, instead of within the annual budget ordinance, as
projects commence, additional funding needs are identified, and to comply with bond covenants. The actions in the Mayor & Council
Communication (M&C) will appropriate funds in support of the Water Department's portion of the City of Fort Worth's Fiscal Years 2024-2028
Capital Improvements Program, as follows:
60CATTLEMANS CROSSING PHASE 1 WATER & SEWER IMPROVEMENTS
EapitalFund Name
Project Name
FY2024 CIP
Appropriations
Authority
Budget Change (Increasel
Decrease)
Revised FY2024
Budget
56014—W&SCapitalProj
2018 Fund
1Q4562-CFA-Cattleman's
Crossing Ph1
$Q.00ThisM&C
$1,925,139.00
$1,925,139.00
Funding is available in the Unspecified -All Funds project within the Water & Sewer Capital Projects 2018 Fund for the purpose of funding the CFA-
Cattleman's Crossing Ph 1 project.
Funding for the Community Facility Agreement (CFA) —Cattleman's Crossing Ph 1 project as depicted in the table below:
FUNa
Existing Appropriations
Additional Appropriations
Project Total*
W&S Capital Proj 2018— Fund 56014]1
$0.00
$1,925,139.00
$1,925,139.00
Project Total
$0.00
$1,925,139.00
$1,925,139.00
*Numbers rounded for presentation purposes.
BUSINESS EQUITY- Ashton Dallas Residential LLC is in compliance with the City's Business Equity Ordinance by committing to 9% MWBE
participation on this developer project.
This project is located in COUNCIL DISTRICT 10.
FISCAL INFORMATION I CERTIFICATION:
The Director of Finance certifies that funds are currently available in the Unspecified - All Funds project within the W&S Capital Proj 2018 Fund
and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in W&S Capital
Proj 2018 Fund for the CFA- Cattleman's Crossing Ph 1 project to support the approval of the above recommendations and execution of the
agreement. Prior to an expenditure being incurred, the Water Department has the responsibility of verifying the availability of funds.
Submitted for City Manager's Office b. Fernando Costa 6122
Originallog Business Unit Head: Chris Harder 5020
Additional Information Contact: SubyVarughese 8009
Melissa Harris 8428