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Home My WebLink AboutOrdinance 27608-04-2025Ordinance No. 27608-04-2025 AN ORDINANCE ADJUSTING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE WATER & SEWER REVENUE BONDS SERIES 2022 FUND, BY DECREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE UNSPECIFIED ALL -FUNDS PROJECT (CITY PROJECT NO. UNSPEC) IN THE AMOUNT OF $196,262.00 AND INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE CFA BUCKET PROGRAMMABLE PROJECT (CITY PROJECT NO. P00001) BY THE SAME AMOUNT FOR THE PURPOSE OF FUNDING CFA- THE FOUNDRY MIXED USE PROJECT (CITY PROJECT NO. 105439); 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 Revenue Bonds Series 2022 Fund, by decreasing estimated receipts and appropriations in the Unspecified All -Funds project (City Project No. UNSPEC) in the amount of $196,262.00 and increasing estimated receipts and appropriations in the CFA Bucket programmable project (City Project No. P00001) by the same amount for the purpose of funding CFA- The Foundry Mixed Use project (City Project No. 105439). SECTION 2. That should any portion, section or part of section of this ordinance be declared invalid, inoperative or void for any reason by a court ofcompetent 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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: Assistant City Attorney ADOPTED AND EFFECTIVE: April 22, 2025 CITY SECRETARY Jannette S. Goodall City Secretary d� FORT��d p, o00000 0 % 00 0 do 0 ¢ ova °_� 000 000000o d an nE�p5.4Aa City of Fort Worth, Texas Mayor and Council Communication DATE: 04/22/25 M&C FILE NUMBER: M&C 25-0325 LOG NAME: 60THE FOUNDRY WATER IMPROVEMENTS SUBJECT (CD 9) Authorize Execution of First Amendment and Change Order No. 3 to a Community Facilities Agreement with AP FW Foundry, LP, Increasing City Participation by $97,637.97 for CFA- The Foundry Mixed Use Project and Adopt Appropriation Ordinance to Effect a Portion of Water's Contribution to the Fiscal Years 2025-2029 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: Authorize the execution of the First Amendment and Change Order No. 3 to City Secretary Contract Number 62103, a Community Facilities Agreement with AP FW Foundry, LP, increasing City participation by $97,637.97, for CFA-The Foundry Mixed Use project (City Project No. 105439) and Adopt the attached appropriation ordinance adjusting appropriations in the Water & Sewer Revenue Bonds Series 2022 Fund by increasing appropriations in the CFA Bucket programmable project (City Project No. P00001) in the amount of $196,262.00 and decreasing appropriations in the Unspecified All -Funds project (City Project No. UNSPEC) by the same amount for the purpose of funding CFA- The Foundry Mixed Use project (City Project No. 105439) and to effect a portion of Water's contributions to the Fiscal Years 2025-2029 Capital Improvement Program. DISCUSSION: On October 10, 2024, the City executed a Community Facilities Agreement with AP FW Foundry, LP, with City participation in an amount up to $98,623.28, for an 8-inch cast iron water line replacement to serve The Foundry Mixed Use Development and anticipated future growth in west Fort Worth. The Community Facilities Agreement did not require City Council approval as the City participation did not exceed $100,000.00. After execution of the Community Facilities Agreement, the Developer elected to use a different contractor for the project. The purpose of this M&C is to amend the Community Facilities Agreement by increasing City participation in an amount up to $58,336.37 as unit prices were adjusted to match the awarded contractor's bid tab. Estimates were originally created for the project based on a previously selected contractor using the Opinion of Probable Construction Cost, however, the developer selected a new contractor before the Community Facilities Agreement was executed and bidding costs were renegotiated, which resulted in a necessary increase of funds exceeding $100,000.00 in City participation. Change Order No. 3 will increase the City participation in an amount up to $39,301.60 for removal and replacement of water services and associated pavement repair from the new line to the existing meter that the City has requested the developer perform. The City will participate in the agreed amounts and the developer will be responsible for all remaining costs. Change Order Numbers 1 through 2 were administratively approved and did not increase City participation. 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 does not exceed 30% of the total contract cost, 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 unit price ordinance. The anticipated cost for the Foundry Mixed Use project after contract amendment and execution of Change Order Number 3 is as depicted in the table below: A. Construction Developer City Cost Total Cost Cost 1. Water $308,949.61 $196,261.25 $505,210.86 2. Sewer $54,039.45 $0.00 $54,039.45 3. Storm $7,425.00 $0.00 $7,425.00 4. Paving $117,190.00 $0.00 $117,190.00 Construction Fees: B. Construction Inspection Fee C. Admin Material Testing Fee E. Water Testing Lab Fee Total Project Cost $22,500.00 $0.00 $22,500.00 $1,225.00 $0.00 $1,225.00 $240.00 $0.00 $240.00 $511,569.06 $196,261.25 $707,830.31 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 will amend the City of Fort Worth's Fiscal Years 2025-2029 Capital Improvement Program, as follows: Capital BudgetRevised Project FY2025 CIP Change Fund Name Appropriations Authority (Increase / Budget) Name Decrease) 56020 - W&S The Rev Foundry $0.00 This M&C $196,262.00 $196,262.00 Bonds Mixed Series Use 2022 Funding will be budgeted in the Unspecified All -Funds project within the W&S Rev Bonds Series 2022 Fund for the purpose of funding The Foundry Mixed Use project. Funding for The Foundry Mixed Use project is depicted below: Fund Existing Additional Project Appropriations Appropriations Total 30111 - Gvt Community Facilities $14,000.00 $0.00 $14,000.00 Agmt 30114 - CFA $31,725.00 $0.00 $31,725.00 Developer 56020 - W&S Rev $0.00 $196,262.00 $196,262.00 Bonds Series 2022 Total �$45,725.00 $196,262.00 �$241,987.00 BUSINESS EQUITY- A goal is not required under Business Equity Ordinance 25165-10-2021 when City spending participation on Community Facilities Agreements is less than $1,000,000.00 dollars. The project is located in COUNCIL DISTRICT 9. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the Unspecified All -Funds Project within the W&S Rev Bonds Series 2022 Fund for CFA-The Foundry Mixed Use project to support the approval of the above recommendation and execution of the change order. Prior to any expenditure being incurred, the Water Department has the responsibility to validate the availability of funds. Submitted for Citv Manaaer's Office bv: Jesica McEachern 5804 Oriainatina Business Unit Head: Chris Harder 5020 Additional Information Contact: Suby Varughese 8009 Melissa Harris 8428 Expedited