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HomeMy WebLinkAboutOrdinance 27240-10-2024Ordinance No. 27240-10-2024 AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE GENERAL CAPITAL PROJECTS FUND, IN THE AMOUNT OF $3,442,672.00, TRANSFERRED FROM THE GENERAL FUND, FOR THE PURPOSE OF FUNDING THE FIRE STATION 37 PROJECT (CITY PROJECT NO.104186); 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 General Capital Projects Fund in the amount of $3,442,672.00, transferred from the General Fund, for the purpose of funding the Fire Station 37 project (City Project No.104186). 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 j urisdiction, 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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 Douglas Buck {Oct 2B, 2024 12.74 CDTJ Jannette S. Goodall Assistant City Attorney City Secretary ADOPTED AND EFFECTIVE: October 15, 2024 4uZp City of Fort Worth, Texas Mayor and Council Communication DATE: 10/15/24 M&C FILE NUMBER: M&C 24-0898 LOG NAME: 21 FIRE STATION 37 CMAR SUBJECT (CD 4) Authorize Execution of a Construction Manager at Risk Contract with Steele & Freeman, Inc. with a Construction Phase Fee of 3.0%; Accept the Guaranteed Maximum Price of $9,936,177.00 for the Construction of a New Fire Station 37 within a Project Budget of $12,942,672.00, Adopt Appropriation Ordinances and Amend the Fiscal Year 2024 Adopted Budget and Fiscal Years 2024 — 2028 Capital Improvement Program (2022 Bond Program) RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of a Construction Manager at Risk contract with Steele & Freeman, Inc. with a Construction Phase Fee of 3.0% incorporated within Guaranteed Maximum Price not to exceed $9,936,177,00 for construction of new Fire Station 37; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the General Fund for the Property Management Department in the amount of $3,442,672.00, from available fund balance, for the purpose of transferring to the General Capital Projects Fund; 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the General Capital Projects Fund in the amount of $3,442,672.00, transferred from the General Fund, for the purpose of funding the Fire Station 37 project (City Project No.104186); and 4. Amend the Fiscal Year 2024 Adopted Budget and Fiscal Years 2024 — 2028 Capital Improvement Program. DISCUSSION; The purpose of this Mayor and Council Communication (M&C) is to authorize execution of a Construction Manager at Risk (CMAR) contract with Steele & Freeman, Inc. for construction services and to allocate and appropriate additional funding for the new Fire Station 37. Steele & Freeman, Inc. has performed preconstruction phase services for a fee of $7,500.00 (CSC 60458) and has proposed to perform construction phase services for a fee of 3.0%, which fee is incorporated into the projects guaranteed maximum price (GMP) in the amount of $9,936,177.00. Staff finds the proposed fee fair and reasonable. The GMP includes the Base Proposal ($9,507,093.00), Owner's construction contingency allowance ($194,022.00) and three alternatives ($235,062.00). The total anticipated project cost is $12,942,672.00, which includes the CMAR's pre -construction phase services, other design costs, Owner's project contingency, materials testing and special inspections and land acquisition. The 2022 Bond Program allocated $9,500,000.00 for the design and construction of the new Fire Station 37. On January 10,2023, M&C 23-0032 approved the purchase of 10600 Alta Vista. Once the location was known the Property Management Department moved forward with the single - story design proto-type for this site. Construction documents were completed and submitted for advertisement in the Fort Worth Star -Telegram on August 10, and August 17, 2023. On September 7, 2023, the City received eight proposals from: • Byrne Construction Services • Crossland Construction company, Inc. • EMJ Construction, LLC • McGough Construction, LLC • Muckleroy & Falls • RJM Contractors Inc. • Steele & Freeman, Inc. The proposals were evaluated by members of the selection team comprised of representatives of the Fire Department, Property Management Department, and Office of Business Diversity. The selection team reviewed the proposal against published criteria, including cost of services, references and CMAR experience, similar project types and MBE commitment and plan. The top three firms were selected for interviews. SCORING MATRIX TABLE: Contractor Proposed References & Past Work in Total MWBE Office Evaluation Fees Experience the City Score Review Crossland FRJ Withdrew 50 Withdrew 35 Withdrew 10 0 95 RESPONSIVE RESPONSIVE Steel & Freeman 49 39 10 98 RESPONSIVE Based on the interviews, scores and discussions the selection team reached a consensus on Steele & Freeman, Inc. as the most qualified firm to perform CMAR services for this project, On November 10, 2024, staff administratively authorized a CMAR Pre -Construction Services Contract with Steele & Freeman, Inc. in the amount of $7,500.00. The overall project costs are expected to be as described in the table below: PROJECT BUDGET TOTAL Land $2,027,474.00 Architectural & Engineering Contract $444.000.00 Pre -Construction and Construction Contract, including $9,943,677.00 Owner's Construction Allowance Project Administration Cost: Project Management, Bid Advertisement, IT, Security, Materials Testing, $527,521.00 Contingency, FFE, etc. PROJECT TOTAL $12,942,672.00 Use of Assigned Fund Balance As part of the Fiscal Year 2023 year-end process, the City Council approved assigning $54,340,467.00 from Fiscal Year 2023 fund balance for future capital projects via Mayor and Council (M&C) 24-0001. This assigned amount is in excess of reserve requirements in the General Fund and was derived from $15,959,527.00 from the sale of central library proceeds, $30,380,940.00 set aside for capital shortfalls. This M&C is to utilize $3,442,672.00 from that assigned fund balance in the General Fund. Upon approval of this M&C, Fire Station 16 and Fire Station 26, approximately $33,536,971.00 will remain for future appropriation by Mayor and Council. Approval of this M&C will reduce the assigned General Fund Balance as follows: General Fund Original Amount ' M&C 24-0457 M&C 24-0567 Fire Station 16 M&C Fire Station 26 M&C This M&C Remaining Balance 10100- Fund Balance Set Aside $38,380,940.00 ($6,449,258.00) ($2,000,000.00) ($3,663,534.00) ($7,048,032.00) ($3,442,672.00) $15,777,444.00 for Capital Shortfalls 10100- Fund Balance from Sale $15,959,527.00 $15,959,627.00 of Central Library Proceeds nd ,736,971 Funding for this project was not included in the Fiscal Year (FY) 2024-2028 Capital Improvement Program (CIP) due to this project being delayed due to changes in location due to unfavorable site conditions. The action in this M&C will amend the FY2024-2028 CIP as approved in connection with Ordinance 26453-09-2023. Capital Fund Name Project Name FY2024 Appropriations Authority Budget Change (increase/Decrease) Revised FY2024 Budget General Capital Projects 11(104186) Fire Station 37 $0.00 E This M&C I $3,442,672.00 $3,442,672.00 Fund d Program Fund F�� Fire Station 37 (104186) $3,006,227.00 M&C 24- 0438 $6,493,773.00 $9,500,000.00 Budget Total $3,006,227.00 $9,936,445.00 . $12,942,672.00 This project is included in the 2022 Bond Program. The City's Extendable Commercial Paper (ECP) (M&C 22-0607; Ordinance 25675-08-2022) provides liquidity to support the appropriation. Available resources will be used to actually make any interim progress payments until debt is issued. Once debt associated with a project is sold, debt proceeds will reimburse the interim financing source in accordance with the statement expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance 25515-05-2022). 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 fourth quarter of Fiscal Year 2026, to be $220,000.00 annually. Waiver of Building Permits - In accordance with the City Code of Ordinances, Part 11, 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 Office - The City's Business Equity goal on this CMAR project is 25%. Steele -Freeman, Inc., has agreed/committed to utilize 28.81% business equity subcontractor participation for the scope of work, meeting the City's Business Equity Ordinance. Any changes in subcontractors will be reviewed by the Business Equity Division. The new Fire Station 37 is to be located in Council District 4. FISCAL INFORMATION l CERTIFICATION: The Director of Finance certifies that funds are available in the 2022 Bond Program Fund and the General Fund and upon approval of the above recommendations and adoption of the appropriation ordinances, funds will be available in the General Capital Projects Fund and 2022 Bond Program Fund for the Fire Station 37 project to support the above recommendations and execution of the contract. Priorto any expenditures being incurred, the Fire Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office W Dana Burghdoff 8018 Originating Business Unit Head: Marilyn Marvin 7708 Additional Information Contact: