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HomeMy WebLinkAboutResolution 5029-01-2019A Resolution NO. 5029-01-2019 STATEMENT EXPRESSING OFFICIAL INTENT TO REIMBURSE EXPENDITURES WITH PROCEEDS OF FUTURE DEBT FOR THE MARINE CREEK INTERCEPTOR MAIN — 279A AND MAIN - 365 IMPROVEMENTS PHASE II 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 Marine Creek Interceptor Main — 279A and Main — 365 Improvements Phase II 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 $3,800,000.00 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 d expenditure which is to be reimbursed is paid. Adopted this 15th day o; ATTES By' — — — Mary J. Kayser,Wty ISe nua-ry 2019. ary -T ORT WORT ' 840 M. =MARINE -_CREEki-RESEF�)��QIF� 0 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 1/15/2019 - Ordinance No. 23525-01-2019 & Reso!U#n No. 5029-01-2019 DATE: Tuesday, January 15, 2019 REFERENCE NO.: **C-28990 LOG NAME: 60MARINECREEKPIIP1-VENUS SUBJECT: Authorize Execution of a Contract with Venus Construction Company, Inc., in the Amount of $2,897,370.00 for Marine Creek Interceptor M -279A & M-365 Improvements, Phase II, Part 1, Provide for Project Costs, Materials Testing and Contingencies for a Total Amount of $3,375,830.00, Adopt Resolution Expressing Official Intent to Reimburse Expenditures with Proceeds of Future Debt and Adopt Appropriation Ordinance (COUNCIL DISTRICT 2) 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 Marine Creek Interceptor M -279A & M-365 Improvements Phase II, Project; and 2. Adopt the attached Appropriation Ordinance increasing appropriations in the Marine Creek Interceptor M -279A & M-365 Improvements Phase II Project in Water and Sewer Commercial Paper Fund in the amount of $3,375,830.00; and 3. Authorize execution of a contract with Venus Construction Company, Inc., in the amount of $2,897,370.00 for Marine Creek Interceptor M -279A & M365 Improvements Phase II, Part 1 (City Project No. 100274). DISCUSSION: This Mayor and Council Communication provides for the construction of a 42 -inch & 36 -inch sewer main, extending from Ten Mile Bridge Road and proceeding northerly 5,190 feet. The project will provide additional wastewater capacity to the Marine Creek drainage basin. On April 18, 2017 (M&C C-28194), the City Council authorized an engineering agreement in the amount of $291,579.00 with Halff Associates, Inc., for design of Marine Creek Interceptor M -279A & M-365 Improvements, Phase II. The agreement was subsequently revised by Amendment No. 1 in the amount of $133,294.00 authorized January 9, 2018 (M&C C-28528). The Agreement requires additional funding to cover costs associated with Amendment No. 2 in the amount of $70,000.00, that provides for inspection assistance on the project. Construction of the project was advertised for bid on August 9, 2018 and August 16, 2018 in the Fort Worth Star -Telegram. On September 6, 2018, the following bids were received: Logname: 60MARINECREEKPIIP 1 -VENUS Page 1 of 3 Bidder Amount (Time of Completion Venus Construction Company, Inc. 1$2,897,370.00 William J. Schultz, Inc., dba Circle C Construction F$2,915,310.00 Company S.J. Louis Construction of Texas, Ltd. $3,047,961.50 Ark Contracting Services, LLC $3,137,505.00 Condie Construction Company, Inc. $3,600,216.00 Mountain Cascade of Texas, LLC $4,144,242.00 Thalle Construction Company $4,493,139.50 270 Calendar Days In addition to the contract amount, $333,591.00 is required for project management, material testing and city inspection and $144,869.00 is provided for project contingency. This project is anticipated to be included in a future revenue bond issue for the Water and Sewer Fund. Available cash 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 Phase II, Part 1 is anticipated to commence in March 2019 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. MIWBE OFFICE — Venus Construction Company, Inc., is in compliance with the City's BDE Ordinance by committing to eight percent MBE participation and documenting good faith effort. Venus Construction Company, Inc., identified several subcontracting and supplier opportunities. However, the firms contacted in the areas identified did not respond or did not submit the lowest bids. The City's MBE goal on this project is 25 percent. The project is located in COUNCIL DISTRICT 2. Logname: 60MARINECREEKPIIPI-VENUS Page 2 of 3 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 Marine Creek Interceptor M -279A & M-365 Improvements, Phase II Project. The Water and Sewer Commercial Paper Fund includes authority of $150,000,000 for the purpose of providing interim funding for Water and Sewer Capital Projects. After this transfer, the balance will be $97,858,130.00 for future capital projects. Funding for the Marine Creek Interceptor M -279A & M365 Improvements, Phase II project is as depicted below: FUND Existing Appropriations Additional Appropriations Project Total* Water & Sewer Capital Projects Fund 56002 Water & Sewer Commercial Paper Fund 56016 $604,873.00 $0.00 $604,873.00 $3,375,830.00 $0.00 $3,375,830.00 [Project Total F$604,873.00 $3,375,830.00 $3,980,703.00 * Numbers rounded for presentation purposes. FUND IDENTIFIERS (FIDs): TO und! Department ID Project Program ctivity Budget Reference # ID I I Year I (Chartfield 2 mou Fund Department ccoun Project Program ctivity Budget Reference # moun ID I ID I I Year I (Chartfield 2) CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: Jay Chapa (5804) Chris Harder (5020) Walter Norwood (5026) Logname: 60MARINECREEKPIIP 1 -VENUS Page 3 of 3