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HomeMy WebLinkAboutOrdinance 27416-01-2025Ordinance No. 27416-01-2025 AN ORDINANCE ADJUSTING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE WATER & SEWER CAPITAL PROJECT 2019 FUND, BY DECREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE UNSPECIFIED ALL -FUNDS PROJECT (CITY PROJECT NO. UNSPEC ) IN THE AMOUNT OF $245,698.00 AND INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE COMMUNITY FACILITIES AGREEMENT BUCKET PROGRAMMABLE PROJECT (CITY PROJECT NO. P00001) 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 the budget of the City of Fort Worth for Fiscal Year 2024-2025, as enacted by Ordinance 27107-09- 2024, as amended, is hereby further amended to make the following adjustments to estimated receipts and appropriations in the Water & Sewer Capital Project 2019 Fund, by decreasing estimated receipts and appropriations in the Unspecified All -Funds project (City Project No. UNSPEC) in the amount of$245,698.00 and increasing estimated receipts and appropriations in the Community Facilities Agreement Bucket programmable project (City Project No.P00001) 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 j urisdiction, such decision, opinion or j udgment 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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: Richard McCracken (Jan 31, 2025 21:25 CST) Assistant City Attorney ADOPTED AND EFFECTIVE: January 14, 2025 CITY SECRETARY A Qn,..=..tSas,�, U Jannette S. Goodall City Secretary I? {m 1111912024 -a i aa IrN c P'v vcN �. 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City of Fart Worth, Texas Mayor and Council Communication DATE: 01/14125 M&C FILE NUMBER: M&C 25-0039 LOG NAME: 60BIRCHMAN WATER SEWER CAST IRON REPLACMENT SUBJECT (CD 7) Authorize Execution of an Community Facilities Agreement with Muse Capital LLC, with City Participation in an Amount Up to $206,180.35 for Replacing an Existing 6-Inch Sewer Main with an 8-Inch Sewer Main and an Existing 6-Inch Water Main with an 8-Inch Water Main Located in South Fort Worth, and Adopt Appropriation Ordinance to Effect a Portion of Waters Contribution to the Fiscal Years 2025-2029 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: Authorize the execution of a Community Facilities Agreement with Muse Capital LLC, with City participation in an amount up to $206,180.35 for replacing an existing 6-inch sewer fine with a 8-inch sewer main and an existing 6-inch water fine with an 8-inch water main located in south Fort Worth; and Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Water & Sewer Capital Project 2019 Fund by increasing estimated receipts and appropriations in the Community Facilities Agreement Bucket programmable project (City Project No.P00001) in the amount of $245,698.00 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 Birchman Office Space project (City Project No. 105553) and to effect a portion of Waters contribution to the Fiscal Years 2025-2029 Capital Improvement Program. DISCUSSION: Muse Capital LLC, (Developer) is constructing the Birchman Office Space project located west of Camp Bowie Boulevard and south of Birchman Avenue. The Water Department desires to participate in the project to replace approximately 223 linear feet of existing 6-inch cast iron pipe sewer main. The Water Department also desires to replace approximately 159 linear feet of existing 6-inch water main with an 8-inch water main. The City will pay 100% of the unit prices for replacing the existing 6-inch sewer main and 6-inch water main. The Birchman Office Space project is assigned City Project No. 105553 and Accela System Record Infrastructure Plan Review Center (IPRC) 24-0101. 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 City's Participation in the contract will not exceed 30% of the total contract costs, 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 the replacement of the sewer and water main is estimated to be in an amount up to $206,180.35 as shown in the table below. Payments to the Developer are estimated to be $197,587.60 for construction costs and $3,951.75 for material testing costs. The City's cost participation also includes $4,641.00 to cover the City's portion of construction inspection service fees, administrative material testing fees, and water lab fees. An additional $39,617.52 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: Public Improvements Developer Cost City Cost Total Cost 1. Water $691,804.72 $93,689.05 $785,493.77 2. Sewer $60,940.28 $103,898.55 $164,838.83 Sub -Total $752,745.00 $197,587.60 $950,332.60 Water Contingency 20% $0.00 $39.517.52 $39,517.52 3. Paving $83,486.75 $0.00 $83,486.75 Construction Fees: B. Construction Inspection Fee $22,200.00 $4,200.00 $26,400.00 C. Admin Material Testing Fee $980.00 $441.00 $1,421,00 D. Material Testing Cost $0.00 $3,951.75 $3,951.75 E. Water Testing Lab Fee $390.00 $0.00 $390.00 Total Project Cost $859,801.75 $245,697.87 $1,105,499.62 *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 (FY), instead of within the annual budget ordinance, as projects commence, additional funding needs are identified, and to comply with bond covenants. 60BIRCHMAN WATER SEWER CAST IRON REPLACEMENTS Capital Project Name FY2025 CIP Authority Budget Change Revised Fund Name FY2025 Appropriations (Increase/Decrease) Budget 56016 - WS 105553 - CFA- $0.00 This M&C $245,698.00 $245,698.00 Capital Birchman Office Project 2019 Space Funding is available in the Unspecified All -Funds project within the WS Capital Project 2019 Fund forthe purpose of funding the CFA-Birchman Office Space project. Funding for the Community Facility Agreement (CFA) — Birchman Office Space project as depicted in the table below: Fund Existing Additional Project Total* Appropriations Appropriations WS Capital Project 2019 - Fund $0.00 $245.698.00 $245.698.00 56016 Project Total $0.00 $245,698.00 $245,698.00 *Numbers rounded for presentation purposes. BUSINESS EQUITY- A goal is not required under Business Equity Ordinance 25165-102021 when City spending participation on Community Facilities Agreements is less than $1,000,000.00 dollars. An amendment or change order may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficent funds have been appropriated. This project is located in COUNCIL DISTRICT 7. FISCAL INFORMATION ! CERTIFICATION: The Director of Finance certifies that funds are currently available in the Unspecified All -Funds project within the WS Capital Project 2019 Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in WS Capital Project 2019 Fund for the CFA- Birchman Office Space 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 Cily Managges Office b : William Johnson 5806 Originating Business Unit Head: Chris Harder 5020 Additional Information Contact: Suby Varguhese 8009 Melissa Harris 8428