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HomeMy WebLinkAboutResolution 5034-01-2019A Resolution NO. 5034-01-2019 STATEMENT EXPRESSING OFFICIAL INTENT TO REIMBURSE EXPENDITURES WITH PROCEEDS OF FUTURE DEBT FOR THE CULTURAL DISTRICT / WILL ROGERS WATER AND SANITARY SEWER IMPROVEMENTS 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 Culture District / Will Rogers Water and Sanitary Sewer Improvements 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 $2,800,000.00 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 29th day of January 2019. OFFORT ATTEST - 2 Mary J. Kayser, C' ecretary �XAS• FORTWO T MAYOR AND COUNCIL COMMUNICATION MAP 60CDWRWSSP6-CIRCLEC LW Y IrGO Q ®__-_ O . FI.N .. w w ¶ pw pia �. .. ", ., a �' _ o - , - � • r X .I. r V TM h � o 4 w Aill i El� y W LANCASTERAVE ° CIA -wow tmmwA—. ° 14 ,�. CRESTLINE _Y , A--,' _r " r iw° I , y � e ..w a # wLu_.. _,. P� w LLJ ' M 00 q ; pBlip, , " fi +, �A , .0 oll r. " i r FORTWORTH : City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 1/29/2019 - Ordinance No. 23542-01-2019 & Resolution No. 5034-01-2019 DATE: Tuesday, January 29, 2019 REFERENCE NO.: **C-29011 LOG NAME: 60CDWRWSSP6-CIRCLEC SUBJECT: Authorize Execution of Amendment No. 5 in the Amount of $244,300.00 to City Secretary Contract No. 48102, an Engineering Agreement with Kimley-Horn and Associates, Inc. for a Revised Contract Amount of $1,316,550.00, Authorize Execution of a Contract with William J. Schultz, Inc. dba Circle C Construction Company, in the Amount of $1,924,665.00 for Cultural District/W11 Rogers Water and Sanitary Sewer Improvements, Part 6 — Crestline Road and River Drive, Provide for Project Costs for a Total Project Total in the Amount of $14,965,078.00, Adopt Resolution Expressing Official Intent to Reimburse Expenditures with Proceeds of Future Debt and Adopt Appropriation Ordinance (COUNCIL DISTRICTS 7 and 9) 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 Cultural District/Will Rogers Water and Sanitary Sewer Improvements Project, Part 6 — Crestline Road and River Drive; 2. Adopt the attached Appropriation Ordinance increasing appropriations in the Water and Sewer Commercial Paper Fund in the amount of $2,492,498.00; and 3. Authorize the execution of a contract with William J. Schultz, Inc. dba Circle C Construction Company, in the amount of $1,924,665.00 for Cultural District/Will Rogers Water and Sanitary Sewer Improvements Project, Part 6 — Crestline Road and River Drive (City Project No. 01468); and 4. Authorize the execution of Amendment No. 5 in the amount of $244,300.00 to City Secretary Contract No. 39975, for additional engineering services and construction assistance on Cultural District/Will Rogers Area Water and Sanitary Sewer Improvements Project. (City Project No. 01468). DISCUSSION: On February 9, 2010, Mayor and Council Communication (M&C C-24094) the City Council authorized an Engineering Agreement with Kimley-Horn and Associates, Inc., in the amount of $1,072,250.00 for the Cultural District/Will Rogers Area Water and Sanitary Sewer Improvements Project. The Agreement was subsequently revised by four amendments totaling $1,122,465.00 as follows: Amendment No. 1 in the amount of $46,995.00 administratively authorized on March 17, 2014, Amendment No. 2 in the amount of $261,070.00 authorized August 5, 2014 (M&C C-26903), Amendment No. 3 in the amount of $570,100.00 authorized September 20, 2016 (M&C C-27934) and Amendment No. 4 in the amount of $269,000.00 authorized August 15, 2017 (M&C C-28331). This Amendment No. 5 will provide for additional engineering services and assistance during construction Logname: 60CDWRWSSP6-CIRCLEC Page I of 4 of Part 6 of the Project. This Mayor and Council Communication also provides for the construction of the Cultural District/Will Rogers Water and Sanitary Sewer Improvements, Part 6 — Crestline Road and River Drive. This project will allow for the replacement of the existing deteriorated 20 -inch cast-iron pipe with a 24 -inch ductile iron pipe to provide additional capacity and reliability of water supply as a direct feed to the Dickies Arena. This project also includes approximately 870 linear feet of replacement of the trench backfill and paving repair over an existing sanitary sewer main that was previously replaced. No additional sewer main replacement is needed for this location. The project was advertised for bid on October 18, 2018 and October 25, 2018 in the Fort Worth Star - Telegram. On November 15, 2018 the following bids were received: William J. Schultz dba Circle C Construction Company ackson Construction, Ltd. Contracting Services, LLC AMOUNT ITIME OF COMPETION !$1,924,665.00;425 Calendar Days $2,173,808.00 Is 0.00 !$2,371,265.001$ 0.00 In addition to the contract cost, $227,300.00 (Water: $169,711.00, Sewer: $57,589.00) is required for project management, inspection and material testing and $96,233.00 (Water: $71,736.00, Sewer: $24,497.00) 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 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 pFesenting 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 6, is anticipated to commence in February, 2019 and be completed by May, 2020. This project is part of the Water Department's Sanitary Sewer Overflow Initiative Program. This project will Logname: 60CDWRWSSP6-CIRCLEC Page 2 of 4 have no impact on the Water Department's Operating Budget when complete. M/WBE Office — William J. Schultz, Inc., dba Circle C Construction Company, is in compliance with the City's BDE Ordinance by committing to zero percent MBE participation on this project. William J. Schultz, Inc., dba Circle C Construction Company identified several subcontracting and supplier opportunities. However, the firms contacted in the areas identified did not respond or submit the lowest bids. The City's MBE goal on this project is 10 percent. The project is located in COUNCIL DISTRICTS 7 AND 9. 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 the Water & Sewer Commercial Paper Fund for the Cultural District/Will Rogers Water and Sanitary Sewer Improvements Project, Part 6 — Crestline Road and River Drive 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 $95,365,632.00 for future capital projects. Funding for the Cultural District/Will Rogers Water and Sanitary Sewer Improvements, Crestline Road and River Drive, project is as depicted below: FUND Water Capital Fund 59601 Sewer Capital Fund - Legacy 59607 EI xisting Additional (Appropriations Appropriations Project Total* [$-6,794,511.00 $0 .00 $6,794,511.00 r— ,210,652.00 x$0.00 1210,652.00 Water & Sewer 2015A Bond Fund 56007 $1,772,417.00 $0.00 $11772,417.00 1 wer 2017A Bond $695,000.00 $0.00 $695,000.00 Water & Se Fund 5601 (Vater & Sewer Commercial Paper Fund 56016 $0.00 F$2,492,498.00 $2,492,498.00 Project Total _ $12,472,580.00 * Numbers rounded for presentation. FUND IDENTIFIERS (FIDs): TO $2,492,498.00 F$14,665,678.00 Fund Department ccoun Project Program ctivity Budget Reference # mount ID ID I Year I (Chartfield 2) Fund Department ccoun Project JProgram ctivity Budget IReference # moun ID ID I Year I (Chartfield 2) Logname: 60CDWRWSSP6-CIRCLEC Page 3 of 4 Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: Jay Chapa (5804) Chris Harder (5020) John Kasavich (8480) Logname: 60CDWRWSSP6-CIRCLEC Page 4 of 4