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Home My WebLink AboutResolution 5005-12-2018A Resolution NO. 5005-12-2018 STATEMENT EXPRESSING OFFICIAL INTENT TO REIMBURSE EXPENDITURES WITH PROCEEDS OF FUTURE DEBT FOR THE CROWLEY RELIEF INTERCEPTOR M-325 FOR VILLAGE CREEK PROJECT WHEREAS, the City of Fort Worth, Texas (the "City") is a home -rule municipality and political subdivision of the State of Texas; and WHEREAS, the City expects to pay expenditures in connection with the design, planning, acquisition and construction for the Crowley Relief Interceptor M-325 for Village Creek Project (the "Project") prior to the issuance of obligations by the City in connection with the financing of the Project from available funds; and WHEREAS, the City finds, considers, and declares that the reimbursement of the City for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the City and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 of the Treasury Regulations, to reimburse itself for such payments at such time as it issues obligations to finance the Project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: Section 1. The City reasonably expects debt, as one or more series of obligations, may be issued or incurred by the City with an aggregate maximum principal amount not to exceed $5,800,000.00 for the purpose of paying the aggregate costs of the Project. Section 2. All costs to be reimbursed pursuant hereto will be capital expenditures. No obligations will be issued by the City in furtherance of this Statement after a date which is later than 18 months after the later of (1) the date the expenditures are paid or (2) the date on which the property, with respect to which such expenditures were made, is placed in service. Section 3. The foregoing notwithstanding, no obligation will be issued pursuant to this Statement more than three years after the date any expenditure which is to be reimbursed is paid. Adopted this 4th day of December 2018. FORT ATTEST: Al By: �d By' — -- —----------- 2 Mary i. Kayser, _,ity Secretary ;; .... ORTW03 ky A Resolution NO. 5005-12-2018 STATEMENT EXPRESSING OFFICIAL INTENT TO REIMBURSE ENDITURES WITH PROCEEDS OF FUTURE DEBT FOR THE CROW T ELIEF INTERCEPTOR M-325 FOR VILLAGE CREEK PROJECT WHEREAS, the City of Fort Worth, Texas (the "City") is a home -rule municipality and political subdivision of the State of Texas; and WHEREAS, the City expects to pay expenditures in connection with the design, planning, acquisition and construction for the Crowley Relief Interceptor M-325 for Village Creek Project (the "Project") prior to the issuance of obligations by the City in connection with the financing of the Project from available funds; and WHEREAS, the City finds, considers, and declares that the reimbursement of the City for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the City and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 of the Treasury Regulations, to reimburse itself for such payments at such time as it issues obligations to finance the Project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: Section 1. The City reasonably expects debt, as one or more series of obligations, may be issued or incurred by the City with an aggregate maximum principal amount not to exceed $5,800,000.00 for the purpose of paying the aggregate costs of the Project. Section 2. All costs to be reimbursed pursuant hereto will be capital expenditures. No obligations will be issued by the City in furtherance of this Statement after a date which is later than 18 months after the later of (1) the date the expenditures are paid or (2) the date on which the property, with respect to which such expenditures were made, is placed in service. Section 3. The foregoing notwithstanding, no obligation will be issued pursuant to this Statement more than three years after the date any expenditure which is to be reimbursed is paid. Adopted this 4th day of December 2018. ATTEST: By: --------------------------------- Mary` J. Kayser, City Secretary oRTLV03 • m. • City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 12/4/2018 - Ordinance_ No. 23494-1.Z2 &�tesol+utlon. No. 5005-12,72018 DATE: Tuesday, December 4, 2018 REFERENCE NO.: **C-28949 LOG NAME: 60CROWLEYSSP2-SJLOUIS SUBJECT: Authorize Execution of Amendment No. 2 in the Amount of $226,610.00 to City Secretary Contract No. 48102 an Engineering Agreement with Teague Nall and Perkins, Inc., for a Revised Contract Amount of $1,513,479.00, Authorize Execution of a Contract with S.J. Louis Construction of Texas, Ltd., in the Amount of $4,518,099.30 for Crowley Relief Interceptor M-325 for Village Creek Basin, Part 2 , Provide for Project Costs for a Total Project Total in the Amount of $7,413,648.00, Adopt Resolution Expressing Official Intent to Reimburse Expenditures with Proceeds of Future Debt and Adopt Appropriation Ordinance (COUNCIL DISTRICT 6) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached Resolution Expressing Official Intent to Reimburse Expenditures with Proceeds of Future Debt for the Crowley Relief Interceptor M-325 for Village Creek Basin, Part 2 Project; 2. Adopt the attached Appropriation Ordinance increasing appropriations in the Water & Sewer Commercial Paper Fund in amount of $5,318,974.00; 3. Authorize the execution of a contract with S. J. Louis Construction of Texas, Ltd, in the amount of $4,518,099.30 for Crowley Relief Interceptor M-325 for Village Creek Basin, Part 2 (City Project No. 100276); and 4. Authorize the execution of Amendment No. 2 in the amount of $226,610.00 to City Secretary Contract No. 48102 for inspection services on Crowley Relief Interceptor M-325 for Village Creek Basin. (City Project No. 100276) DISCUSSION: This Mayor and Council Communication provides for the construction of the Crowley Relief Interceptor M- 325 for Village Creek Basin, Part 2, a segment of a three part project that will provide additional capacity to convey anticipated flows from proposed development within the Upper Village Creek and Clear Fork Drainage Basins. On August 9, 2016, (M&C C-27864), the City authorized an engineering agreement in the amount of $1,274,494.00 with Teague Nall & Perkins, Inc., for Crowley Relief Interceptor M-325 for Village Creek Basin. To expedite design and construction the project was divided into Parts 1, 2 and 3. The agreement was subsequently revised by Amendment No. 1 in the amount of $12,375.00 administratively authorized July 12, 2018. Amendment No. 2 will allow Teague Nall & Perkins, Inc., to provide inspection services during Logname: 60CROWLEYSSP2-SJL0UIS Page 1 of 4 construction of all three parts of the project. Staff considers the proposed fee to be fair and reasonable for the scope of services proposed. Construction of the project was advertised for bid on August 30, 2018 and September 6, 2018 in the Fort Worth Star -Telegram. On September 27, 2018 the following bids were received: S. J. Louis Construction of Texas, Ltd William J. Schultz dba Circle C. Construction, Co. AMOUNT $4,518,099.30 $4,840,092.00 Mountain Cascade of Texas 1$5,028,073.00 Jackson Construction, Ltd $5,086,120.00 IThalle Construction Company _ $5,190,859.82 Venus Construction Company $5,747,584.80 BAR Constructors, Inc. $7,010,988.00 IME OF OMPLETION 0 Calendar Days In addition to the contract cost, $318,360.00 is required for Project Management, inspection and material testing and $255,905.00 is provided for project contingency. In accordance with the terms of the Agreement between the Cities of Crowley and Fort Worth, Crowley will reimburse Fort Worth for its share of the total project cost upon completion of the entire project. This project is anticipated to be included in a future revenue bond issue for the Water and Sewer Fund. Available ash within the Water and Sewer portfolio and the City's portfolio along with the appropriation authority authorized under the Callable Commercial Paper Program (CP) will be used to provide interim financing for this project until debt is issued. To the extent resources other than the Water and Sewer portfolio are used to provide interim financing, the Water and Sewer Fund will be charged interest that is equivalent to the overall rate of return being earned by the City portfolio (currently approximately one - percent annually). Should the City's portfolio not support the liquidity needed to provide an interim short- term financing source, another funding source will be required, which could mean issuance of securities under the CP Program or earlier issuance of Water and Sewer revenue bonds than is currently planned. Once debt associated with this project is sold, bond proceeds will be used to reimburse the Water and Sewer portfolio and the City's portfolio in accordance with the attached Reimbursement Resolution. The City Council adopted the Water Department's Fiscal Year 2018-2022 Five Year Capital Improvement Plan on September 26, 2017. This City Council adopted plan includes this specific project, with funding identified through the CP program to be reimbursed with future revenue bonds. In accordance with the provisions of the Financial Management Policy Statement, Staff anticipates presenting revenue -supported debt issuances to the City Council for consideration within the next three years. This debt must be issued within approximately three years to provide reimbursement for these expenses. If that does not occur, the costs will no longer be reimbursable by issuing tax-exempt debt and the funding source will have to be made whole through budgetary methods. Adoption of this resolution does not obligate the City to sell bonds, but preserves the ability to reimburse the City from tax-exempt bond proceeds. Construction for Part 2, is anticipated to commence in December, 2018 and be completed by December, 2019. This project is part of the Water Department's Sanitary Sewer Overflow Initiative Program. This project will have no impact on the Water Department's Operating Budget when complete. Logname: 60CR0WLEYSSP2-SJL0UIS Page 2 of 4 M/WBE OFFICE: S. J. Louis Construction of Texas, Ltd, is in compliance with the City's BDE Ordinance by committing to 25 percent MBE participation on this project. The City's MBE goal on this project is 25 percent. The project is located in COUNCIL DISTRICT 6 and within the City of Crowley. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in Water & Sewer Commercial Paper Fund for the Crowley Relief Interceptor M-325 for Village Creek Basin, Part 2 Project. The Water and Sewer Commercial Paper Fund includes authority of $150,000,000.00 for the purpose of providing interim funding for Water and Sewer Capital Projects. After this transfer, the balance will be $105,422,532.00 for future capital projects. Funding for the Crowley Relief Interceptor M-325 for Village Creek Basin, Part 2 project is as depicted below: FUND Existing ,Additional Appropriations (Appropriations ect Total* Sewer Capital Fund - Legacy $2,094,494.00 $0.00 $2,094,494.00 59607 Water & Sewer Commercial $0.00 $5,318,974.00 $5,318,974.00 Paper Fund 56016 Project Total ,$2,94.00 F$5, 318,974.00 $7,413,468.001i * Numbers rounded for presentation. FUND IDENTIFIERS (FIDs): TO �und�-De-pa-rtment�cco�un��Re'e��nce# �nID ield 2) Department ? ccoun Project Program ctivityl Budget I Reference # mo ID 1 ID 1 1 Year I (Chartfield 21 CERTIFICATIONS: Submitted for City Manacier's Office by: Originating Department Head: Additional Information Contact: Jay Chapa (5804) Chris Harder (5020) Rakesh Chaubey (6051) Logname: 60CR0WLEYSSP2-SJL0UIS Page 3 of 4