HomeMy WebLinkAboutOrdinance 27276-11-2024Ordinance No. 27276-11-2024
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE CULTURE AND TOURISM FUND, IN THE
AMOUNT OF $7,990,040.00, BY DECREASING APPROPRIATIONS IN THE
CONTRIBUTION TO FUND BALANCE IN THE AMOUNT OF $7,009,960.00, BY
INCREASING USE OF FUND BALANCE IN THE AMOUNT $7,990,040.00, AND
INCREASING CAPITAL INTERFUND TRANSFERS OUT IN THE AMOUNT OF
$15,000,000.00, FOR THE PURPOSE OF TRANSFERRING TO THE CULTURE
AND TOURISM CAPITAL PROJECTS FUND; 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 2024-2025 in the
Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Culture
and Tourism fund, in the amount of $7,990,040.00, by decreasing appropriations in the contribution to fund
balance in the amount of $7,009,960.00, by increasing use of fund balance in the amount $7,990,040.00, and
increasing capital interfund transfers out in the amount of $15,000,000.00, for the purpose of transferring to
the culture and tourism capital projects fund.
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 27107-09-2024 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said prior ordinances and appropriations are hereby expressly repealed.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:
Douglas Black (Nov 25, 2024 22-,04 CST)
Assistant City Attorney
ADOPTED AND EFFECTIVE: November 12, 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: 11112/24 M&C FILE NUMBER: M&C 24-0976
LOG NAME: 25FORT WORTH CONVENTION CENTER EXPANSION PHASE 2
SUBJECT
(ALL) Authorize Execution of Amendment No. 3 to the Professional Services Agreement with Broadus & Associates, Inc. in the Amount Up to
$1,200,000.00 for a Total Contract Value of $4,169,475.00, and Amendment No.4 to the Professional Services Agreement with Thompson,
Ventulett, Stainback & Associates, Inc., in the Amount Up to $7,144,042.00 fora Total Contract Value of $13,441,818.00, for Design and
Construction Administration Services, and Authorize Execution of Amendment No.3 Construction Manager at Risk Contract with HuntlByme/Smith,
a Joint Venture, in the Amount Up to $5,000,000.00, for a Total Contract Value of $86,752,135.00, and Adopt Appropriation Ordinances and
Amend the Fiscal Years 2025 - 2029 Capital Improvement Program
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of amendment No.3 to the professional services agreement with Broadus & Associates, Inc., in the amount not to
exceed $1,200,000.00 for a total contract value of $4,169,475.00, for project management services;
2. Authorize execution of amendment No.4 to the professional services agreement with Thompson, Ventulettt, Stainback & Associates, Inc., in
the amount not to exceed $7,144,042.00 for a total contract value of $13,441,818,00, for design and construction administration services;
3. Authorize execution of amendment No.3 construction manager at risk contract with HuntlBymelSmith, a Joint Venture, in the amount not to
exceed $5,000,000.00, for a total contract value of $86,752,135.00;
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Culture and Tourism Fund, in the
amount of $7,990,040.00, by decreasing appropriations in the contribution to fund balance in the amount of $7,009,960.00, by increasing
use of fund balance in the amount $7,990,040.00, and increasing capital interfund transfers out in the amount of $15,000,000.00, for the
purpose of transferring to the Culture and Tourism Capital Projects Fund;
5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Culture and Tourism Capital Projects
Fund, in the amount of $15,000,000.00, transferred from the Culture and Tourism Fund, for the purpose of funding the FWCC Expansion &
Project Management project (City Project No.102582); and
6. Amend the Fiscal Year 2025 Adopted Budget and Fiscal Years 2025-2029 Capital Improvement Program.
DISCUSSION:
The purpose of this Mayor and City Council Communication (M&C) is to recommend that the City Council authorize amendments to three contracts
associated with Phase 2 of the expansion of the Fort Worth Convention Center and adopt appropriation ordinances.
The expansion project is being accomplished in two phases. The Phase 1 includes the construction of new state-of-the-art food & beverage
facilities, demolition of the east annex, straightening of Commerce Street (to create a site for a future convention hotel) and building new covered
loading docks. Construction for Phase 1 started in summer 2023 and it is approximately fifty percent complete by schedule. In the spring of 2024
voters and Council approved an increase in the hotel occupancy tax rate (M&C 24-0312) to fund Phase 2 of the expansion. This second phase will
replace the arena with additional exhibit halls, ballroom, meeting rooms, and refurbish the existing facility. To accomplish this project the City has
engaged the services of a Project Manager (Broaddus & Associates, Inc.), a Design Team (Thompson, Ventulett, Stainback & Associates, Inc.),
and a Construction Contractor (Hunt(BymelSmith, a Joint Venture).
Project Management: Broaddus & Associates, Inc. was selected to provide project management services for the expansion of the Fort Worth
Convention Center through a competitive process and an November 30, 2021, City Council authorized the execution of a professional services
agreement, in the amount of $2,313,927.00 (M&C 21-0934). Staff administratively executed amendment No.1 to the professional services
agreement, in the amount of $99,390.00, to provide additional professional services. Council authorized Amendment No.2, in the amount of
$556,158.00, provided project management services for the related study the Fort Worth Water Gardens (M&C 23-0930). With the execution of
amendment No.3, the total value of the professional services agreement will be $4,169,475.00.
Design Team: Thompson, Ventulett, Stainback & Associates, Inc., partnered with Bennet Partners, Inc., was selected through a competitive
process to provide design and construction administration services associated with the expansion of the Fort Worth Convention Center. Council
approved an initial professional services contract to provide programing for the project in September of 2022 (M&C 22-0695). This contract has
been amended three times to provide required services. With the execution of amendment No.4, design and construction administration services
for Phase 2 will be provided, and the total value of the professional services agreement will be $13,441,818.00.
Construction Contractor: A Construction Manager at Risk (CMAR) contractor was selected through a competitive process. On November 29,
2022, City Council authorized (M&C 22-0971) the execution of a Construction Manager at Risk (CMAR) contract with Hunt/Byrne/Smith, a Joint
Venture, in an amount not to exceed of $30,000,000.00. On September 12, 2023, City Council authorized (M&C 2M768) the execution of
Amendment No.1 in an amount of $43,000,000.00. On September 12, 2023, City Council authorized (M&C 23-0768) Amendment No.2 in an
amount of $8,725,135.00. With the execution of amendment No.3, construction of specific portions of the project will be provided, and the total
value of the CMAR Contract will be $86,725,135.00.
Budget - The current project costs are described in table below:
FWCC Expansion Phase 1 & Phase 2 (Partial)
Cost
Project Management Fees j
$4,169,475.00
Design Fees
$13.441,818.00
Construction Cost
Administrative Costs (Staff Time, ITS, AV, Security,
Public Art, Utilities, FF&E, Moving Costs,
Contingencies)
$86,725,135.00
$6,636,253.12
TOTALI
$110,972,681.12
The current budget represents Phase t and portions of Phase 2. Project Management and Design Fees are for the anticipated efforts through the
completion of the project.
Funding -The project was initially funded through a $52,000,000.00 ARPA Grant funds (M&C 21-0934) and $43,000,000.00 in 2023
Combination Tax and Revenue Certificates of Obligation bonds (M&C 23-0250). In order to award this agreement, the Public Events Department
recommends using existing Culture & Tourism (C&T) fund balance as the interim capital advance appropriation and as the source to make
progress payments until the sale of the 2025 Certificates of Obligation, at which time suclti funding will replace the advanced capital funding and
the C&T fund balance will be restored in its full amount. As designs and plans are completed, the construction contractor will provide estimates
and the construction cost will increase, there will be future M&Cs before Council. It is anticipated that a final project budget will be in the range of
$600,000,000.00 and $700,000,000.00. Additional funding will be appropriated in the project on a future M&C to cover all estimated project
costs.
Waiver of Building Permit Fees - 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 Office - Broaddus & Associates agrees to maintain its initial MNVBE commitment of 27% that it made on the original
agreement and extend and maintain that same MANBE commitment of 27% to all prior amendments up to and inclusive of this Amendment No. 3.
Therefore Broaddus & Associates remains in compliance with the City's MMBE Ordinance and attests to its commitment by its signature on the
acceptance of Previous MA/BE Commitment form executed by an authorized representative of its company.
Business Equity Office- Thomson, Ventulett, Stainback & Associates, Inc, agrees to maintain its initial MIWBE commitment of 15% that it
made on the original agreement and extend and maintain that same MIWBE commitment of 15% to all prior amendments up to and inclusive of
this Amendment No.4. Therefore Thomson, Ventulett, Stainback & Associates, Inc. remains in compliance with the City's M/ BE Ordinance and
attests to its commitment by its signature on the Acceptance of Previous MIWBE Commitment form executed by an authorized representative of
its company.
The Fort Worth Convention Center is located in COUNCIL DISTRICT 9 but will benefit all council districts.
The actions in this M&C will amend the Fiscal Year 2025 Adopted Budget as approved in connection with the Ordinance 27107-09-2024 effecting
the budget of the municipal government of the City of Fort Worth for the ensuing Fiscal Year beginning October 1, 2024, and ending September 30,
2025, Section 2. Special Revenue Funds and Section 7. Capital Improvements.
FISCAL INFORMATION CERTIFICATION:
The Director of Finance certifies that funds are currently available in the Culture & Tourism Fund and upon approval of the above
recommendations and adoption of the attached appropriation ordinances, funds will be available in the Culture & Tourism Cap Projects Fund of
the ARPA FWCC Expansion & Prj Mgmt project to support the execution of the contract and agreements. Prior to an expenditure being incurred,
the Property Management and Public Events Department have the responsibility of verifying the availability of funds.
Submitted for City Managers Office W. William Johnson 5806
Originating Business Unit Heads Michael Crum 2501
Additional Information Contact: Keith Chisolm 2525
Brian Glass 8088