HomeMy WebLinkAboutResolution 5591-08-2022 A Resolution
NO. 5591-08-2022
STATEMENT EXPRESSING
OFFICIAL INTENT TO REIMBURSE
EXPENDITURES WITH PROCEEDS OF FUTURE DEBT FOR THE WESTSIDE
WATER TREATMENT PLANT GENERATORS & EMERGENCY PREPARATION
PLAN
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 Westside Water Treatment Plant
Generators & Emergency Preparation Plan 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, THAT:
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 $2,350,000.00 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 91h day of August 2022.
IF o
ATTEST: �OF .14
B y: Jannette S.Goodall(Aug 10,202214,57 CDT)
U a 94
Jannette S. Goodall, City Secretary
xAS
MAYOR AND COUNCIL COMMUNICATION MAP
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: 08/09/22 M&C FILE NUMBER: M&C 22-0595
LOG NAME: 60WSGEN&EMERPLANA3-FNI
SUBJECT
(CD 3, CD 6,CD 8 and CD 9)Authorize Execution of Amendment No.3 to an Engineering Agreement with Freese&Nichols, Inc., in the Amount
of$1,845,867.00,for Additional Services to the Westside Water Treatment Plant Generators and Emergency Preparation Plan for Power
Generation at the North and South Holly Water Treatment Plants Project,Adopt Resolution Expressing Official Intent to Reimburse Expenditures
with Proceeds of Future Debt,and Adopt Appropriation Ordinance to Effect a Portion of Water's Contribution to the Fiscal Years 2022-2026
Capital Improvement Program
RECOMMENDATION:
It is recommended that City Council:
1. Authorize execution of Amendment No.3 to City Secretary No.55946,an engineering agreement with Freese&Nichols, Inc.,in the amount
of$1,845,867.00,for additional services to the Westside Water Treatment Plant Generators and Emergency Preparation Plan for Power
Generation at the North and South Holly Water Treatment Plants project for revised contract amount of$4,664,385.00;
2. Adopt the attached resolution expressing official intent to reimburse expenditures with proceeds from future debt for the Westside Water
Treatment Plant Generators and Emergency Preparation Plan for Power Generation at the North and South Holly Water Treatment Plants
project;and
3. Adopt the attached appropriation ordinance adjusting appropriations in the Water&Sewer Commercial Paper Fund by increasing
appropriations in the Westside Water Treatment Plant Generator and Emergency Preparation Plan for Power Generation at the North and
South Holly Water Treatment Plant project(City Project No. 103410)in the amount of$1,945,867.00 and decreasing appropriations in the
W&S Commercial Paper project(City Project No. UCMLPR)by the same amount,to effect a port of Water's contribution to the Fiscal Years
2022-2026 Capital Improvement Program.
DISCUSSION:
The February 2021 Deep Freeze caused power failures to Eagle Mountain Water Treatment Plant(EMWTP),the Westside Water Treatment Plant
(WSWTP)and affected the North and South Holly Water Treatment Plants,along with power supply and freezing issues at some pump stations. In
response to the power outages,the Water Department implemented a series of projects to minimize the effects of future power failures and/or
freezing temperatures on Water Facilities. In addition,the State of Texas enacted a law,Senate Bill 3(SB3),requiring the submittal of an
Emergency Preparedness Plan by March 1,2022.
On June 22,2021, Mayor and Council Communication(M&C)21-0480 authorized an engineering agreement with Freese and Nichols, Inc. (City
Secretary Contract No.55946)in the amount of$1,215,325.00 for the Westside Water Treatment Plant Generators and Emergency Preparation
Plan for Power Generation at the North and South Holly Water Treatment Plants project.
The original scope of service included the following: Preparation of the required SB3 Emergency Preparedness Plan by March 1,2022 for
responding to extended electric power failures; Design and preparation of construction documents for the installation of emergency electric
generators at the Westside Water Treatment Plant;and Study and prepare a plan for emergency power at the North and South Holly Water
Treatment Plants.
The agreement was subsequently revised by Amendment No. 1 in the amount of$17,802.00 administratively authorized November 4,2021 to
provide for additional coordination and review of ONCOR's design load sheet for an electrical service connection on the west property line of the
Eagle Mountain Water Treatment Plant,and Amendment No.2 in the amount of$1,585,391.00(M&C 22-0101, February 8,2022)to provide
for design, bid,and construction phase services for backup power including electrical switchgear and generators in order to maintain functionality
of these assets in the event of future deep freezes at the following Water Department pump stations:Alta Mesa, Edwards Ranch, Eastside and
Como.The amendment also allowed for construction phase services for the installation of Westside Water Treatment Plant Backup Generators
project.
Amendment No.3 will allow for design, bid, and construction phase services for the installation of emergency back-up power consisting of
generators and electrical switchgear at the North and South Holly Water Treatment plants.The proposed scope of services include the sizing and
siting of the generators and all electrical gear necessary for support,site improvements including grading and fencing/security and construction
phase services.
Freese&Nichols, Inc.proposes to perform the additional services for a fee not to exceed$1,845,867.00.Staff considers the fee to be fair and
reasonable for the services proposed. In addition to the amendment amount,$100,000.00 is necessary for material testing.
It is the practice of the Water Department to appropriate its Capital Improvement Program(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 M&C will appropriate funds in support of the Water's portion of the City of Fort Worth's Fiscal Years 2022-2026 Capital Improvement Program,
as follows:
60WSGEN&EMERPLANA3-FNI
Budget
Capital Fund! Project FY2022 CIP I Change Revised
Name � Name Appropriations Authority� (Increase) FY2022Bud et
Decrease) g
56021 —W&Sf 103410- ,
Commercial Emer Prep $O.00�This M&Ci$1,945,867.00$1,945,867.00
Paper Fund Plan
Funding for the WS Gen&Emer Prep Plan Project is depicted below:
[:�
FUND Existing
Appropriations 1 Additional Appropriations, Project Total*
W&S Capital !nL!!�,814,614.0d,� __..........._. ............. ..........$0.00'$12,814,614.00�
—Fund 56002
i
W&S Rev Bonds
Series
2022—Fund $2,905,716.00 $0.001 $2,905,716.00
56020
W&S Commercial
j $0.00� $1,945, 678 00 $1,945,867.00)
Paper—Fund 56021
Project Total $15,720,330.00 $1,945,867.00 $17,666,197.00'
*Numbers rounded for presentation purposes.
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.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. Under federal law,
debt must be issued within approximately three years in order for these expenses to be reimbursable.Adoption of the attached resolution does not
obligate the City to sell bonds, but preserves the ability of the City to reimburse itself from tax-exempt bond proceeds.
Business Equity—Freese and Nichols, Inc.agrees to maintain its initial M/WBE commitment of eight percent that it made on the original
agreement and extend and maintain that same M/WBE commitment of eight percent to all prior amendments up to and inclusive of this
Amendment No.3.Therefore Freese and Nichols, Inc.remains in compliance with the City's Business Equity Ordinance and attests to its
commitment by its signature on the Acceptance of Previous M1WBE Commitment form executed by an authorized representative of its company.
The project is located in Council Districts 3,6,8 and 9.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are currently available in the UCMLPR W&S Commercial Paper project within the W&S Commercial
Paper Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance,funds will be available in the
W&S Commercial Paper Fund for the WS Gen&Emer Prep Plan project to support the approval of the above recommendations and execution of
the contract.Prior to any expenditure being incurred,the Water Department has the responsibility to validate the availability of funds.
Submitted for City Manager's Office y. Dana Burghdoff 8018
Originating Business Unit Head: Chris Harder 5020
Additional Information Contact: David Townsend 8430