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HomeMy WebLinkAbout28113-11-2025 - City Council - OrdinanceORDINANCE NO.28112-11-2025 AN ORDINANCE ESTABLISHING THE CITY' S SHARE OF THE COSTS FOR PARTICIPATING IN A COMMUNITY FACILITIES AGREEMENT WITH SRPF DIHYDE RANCH PHASE I, L.P. FOR THE HYDE RANCH PROJECT TO CONSTRUCT A TWENTY-FOUR INCH SANITARY SEWER FORCE MAIN; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Fort Worth participates in the cost of public improvements constructed by developers in the City of Fort Worth and its extraterritorial jurisdiction pursuant to Community Facilities Agreements; and WHEREAS, Chapter 271, Subchapter C of the Texas Local Government Code provides that when the City enters into a contract with a developer that is exempt from the competitive sealed bidding procedures in order to participate in the cost of public improvements, the City must establish by ordinance the City's share of the costs under the contract; and WHEREAS, the City Council has adopted a unit price ordinance to establish the City's share of the costs when the City participates in a Community Facilities Agreement, with the most recently adopted ordinance being Ordinance Number 23657-05-2019 ("Unit Price Ordinance"); and WHEREAS, the City desires to participate in a Community Facilities Agreement with SRPF D/Hyde Ranch Phase I, L.P. ("Developer") for the Hyde Ranch project in order for the City to pay one hundred percent of the cost of a constructing a twenty-four inch sanitary sewer force main ("Project"); and WHEREAS, the Project was privately bid and the Community Facilities Agreement will be executed in accordance with Chapter 212, Subchapter C of the Texas Local Government Code; and WHEREAS, the force main will be constructed from a special material, which is not contained within the Unit Price Ordinance; and WHEREAS, the Fort Worth Water Department have been unable to identify a recent project that was publicly bid that contains the material pursuant to the alternative methods authorized by the Unit Price Ordinance; and WHEREAS, the Fort Worth Water Department has reviewed the unit prices submitted by the Developer's contractor and find that the prices are fair and reasonable and less than the opinion of probable construction cost provided by the City's engineer; and Ordinance No. 28112-11-2025 Page 1 of 3 WHEREAS, the City Council finds it necessary to adopt this ordinance to establish the City's share of the participation in the Community Facilities Agreement in order to comply with Section 212.072 of the Texas Local Government Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT: SECTION 1. CITY PARTICIPATION The City shall pay one hundred percent (100%) of the cost of the construction of the 24-inch sanitary force main set forth in the Community Facilities Agreement with Developer based upon the unit prices set forth in Exhibit A, which is attached hereto and incorporated herein by reference. SECTION 2. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas, (2015), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. This ordinance shall take effect upon adoption, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: ATTEST: Richard A. McCracken Assistant City Attorney ADOPTED: November 11.2025 Ordinance No.28112-11-2025 Page 2 of 3 Jannette S. Goodall, City Secretary EXHIBIT A UNIT PRICES Project Item Inkunufta I Bidders Proposal Bldllst Item NO. I)esmpti0n Unit of Specification Section No. Measure Hid I Quantih ( Unit Price I Bid Value U[�T 0 �ItCE MAINN NWR V9 IS 119 9999.0001 24" HDPE DIPS DR-13.5 Force Main wl 33 31 26 LF Z311 Acceptable Backtill $222.00 $513,042.00 120 9999.0002 24" HDPE DIPS DR-13.5 Force Main wJ peep 33 31 26 LF 99 Trench Backfiil $414 00 $40,986.00 121 9999.0003 24" ASTM F679 PS 115 PVC wl Acceptable 33 31 20 LF 108 Backfiill $198.00 $21,384.00 122 9999.0004 24" ASTM F679 PS 115 PVC w! Deep Trench 33 3120 LF 40 BackfiB $232.00 $9,280.00 123 9999.0005 24" HDPE DIPS DR-13.5 Force Main Cartier Pipe 33 6s 24 LF 185 S266 00 $49 210 00 124 9999.0006 42` Casing By Open W %W Acceptable Bec"ll 330622 LF 118 $858.00 $77,644.00 125 9999.0007 42" Casing By Open Cut wl Deep Trench Backfill 33 05 22 LF 67 $706.00 547,436.00 126 9999.00085'PolvmerConcrete Manhole 333921 EA 1 $27,659.00 $27,659.00 127 9999.0008 V Extra Depth Polymer Concrete Manhole 333921 VF 6 $860.00 $5.160.00 128 9999.0009 6' Polymer Concrete Drop Manhole 33 39 21 EA 1 $64,959.00 $64,959.00 129 9999.0010 6' Extra Depth Polymer Caxrete Manhole,____ 33 39 21 VF___ 15 $1,382.00 i2U,730.00. 130 3305.0109 Trench Safety 330510 LF ___ . 2.743 $5.00 $13,715.00 131 P&P Bond LS 1 $14,343.00 $14,343.00 132 Contractor Insurances LS 1 $10,820.00 $16,820.00 133 CantraGGorFee —% ---- , —.. - 3.25% $29,T78.71 TOTAL UNIT VI: FORGE MAGI MAPROV�kIENTS $846,046.71 Ordinance No. 28112-11-2025 Page 3 of 3 City of Fort Worth, Texas Mayor and Council Communication DATE: 11/11/25 M&C FILE NUMBER: M&C 25-1053 LOG NAME: 60HYDE RANCH WATER IMPROVEMENTS & FM SUBJECT (CD 7) Authorize Execution of a Community Facilities Agreement with SRPF D/Hyde Ranch Phase I, L.P., with City Participation in an Amount Up to $1,293,157,96 for Oversizing a 12-Inch Water Main to 16-Inches and Construction of a 24-Inch Sewer Force Main for Anticipated Future Growth in West Fort Worth, Adopt Ordinance Establishing the City's Cost Participation in the Project, and Adopt Appropriation Ordinance to Effect a Portion of Water's Contribution to the Fiscal Years 2026-2030 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of a Community Facilities Agreement with SRPF D/Hyde Ranch Phase 1, L.P., with City participation in an amount up to $1,293,157.96 for oversizing a 12-inch water main to a 16-inch water main and construction of a 24-inch sewer force main for anticipated future growth in west Fort Worth; 2. Adopt the attached ordinance establishing the City's share of the costs for participating in a Community Facilities Agreement with SRPF D/Hyde Ranch Phase I, L.P. for the Hyde Ranch project to construct a 24-inch sanitary sewer force main; and 3. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Water and Sewer Revenue Bond Series 2025 Fund by increasing estimated receipts and appropriations in the Community Facilities Agreement Bucket programmable project (City Project No. P00001) in the amount of $1,546,277.00 and decreasing estimated receipts and appropriations in the Commercial Paper project (City Project No. UCMLPR ) by the same amount for the purpose of funding the Community Facilities Agreement-CFA-Hyde Ranch (City Project No. 105253) and to effect a portion of Water's contribution to Fiscal Years 2026-2030 Capital Improvement Program. DISCUSSION: SRPF D/Hyde Ranch Phase I, L.P. (Developer) is constructing the Hyde Ranch development project located west of Interstate Loop 820 North and south of Silver Creek Road. The Water Department is requesting to oversize approximately 3,865 linear feet of a 12-inch water main to a 16-inch water main for anticipated future growth in the area and to construct approximately 2,600 linear feet of sewer force main that was originally scoped as part of the City's Capital Improvements Program (CIP). The City will pay 100% of the price difference for oversizing the 12-inch water main to a 16-inch water main and 100% of the cost of the 24-inch sewer force main. The Hyde Ranch project is assigned City Project No. 105253 and Accela System Record IPRC23-0174. 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 by ordinance. The oversizing of the water main will be in accordance with the City's Unit Price Ordinance. The force main materials are not included in the City's Unit Price Ordinance and could not be calculated in accordance with the alternative methods in the Unit Price Ordinance. Therefore, to comply with state law requirements, the attached ordinance establishes the City's cost participation in the force main. The City's cost participation is estimated to be in an amount up to $319,545.32 for oversizing the water main, and in an amount up to $946,046.71 for construction of the sewer force main, as shown in the table below. Payments to the Developer are estimated to be $1,265,592.03 for construction costs and $18,920.93 for material testing costs. The City's cost participation also includes $8,645.00 to cover the City's portion of construction inspection service fees, administrative material testing fees, and water lab fees. An additional $253,118.41 in 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. Construction 1. Water 2. Sewer 3. Drainage 4. Paving 5. Street Lights 6. Force Main Contingency Construction Fees: Developer City Cost Total Cost Cost $1,078,823.18 $319,545.32 $1,398,368.50 $2,645,727.00 $0.00 $2,645,727.00 $3,468,761.00 $0.00 $3,468,761.00 $1,424,144.00 $0.00 $1,424,144.00 $530,855.00 $0.00 $530,855.00 $0.00 $946,046.71 $946,046.71 $0.00 $253,118.41 $253,118.41 B. Construction Inspection Fee $73,500.00 $8,100.00 $81,600.00 C. Admin Material Testing Fee $21,805.00 $245.00 $22,050.00 D. Water Testing Lab Fee $1,350.00 $300.00 $1,650.00 E. Material Testing (FM only) $0.00 $18,920.93 $18,920.93 Total Project Cost $9,244,965.18 $1,546,276.37 $10,791,241.55 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. Funding is available in the Commercial Paper project within the Water & Sewer Revenue Bonds Series 2025 Fund for the purpose of funding the CFA-Hyde Ranch project. Funding for the Community Facility Agreement (CFA)-Hyde Ranch project as depicted in the table below: Fund Existing Appropriations Additional Appropriations Project Total" W&S Rev Bonds Series 2025 - Fund 56023 $0.00 $1,546,277.00 $1,546,277.00 Project Total $0.00 $1,546,277.00 $1,546,277.00 SMALL BUSINESS ORDINANCE - The project was privately bid prior to September 1, 2025; therefore, a small business goal was not established for the project. This project is located in COUNCIL DISTRICT 7. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are currently available in the Commercial Paper project within the W&S Rev Bonds Series 2025 Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in W&S Rev Bonds Series 2025 Fund for the CFA-Hyde Ranch project to support the execution of the agreement. Prior to an expenditure being incurred, the Water Department has the responsibility of verifying 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 8028 Expedited