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HomeMy WebLinkAboutResolution 5648-11-2022 A Resolution NO. 5648-11-2022 STATEMENT EXPRESSING OFFICIAL INTENT TO REIMBURSE EXPENDITURES WITH PROCEEDS OF FUTURE DEBT FOR THE WESTSIDE IV ELEVATED WATER STORAGE TANK AND WATER TRANSMISSION MAIN 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 IV Elevated Water Storage Tank and Water Transmission Main 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 $1,720,000.00 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 81h day of November 2022. ATTEST: By: Jannette S.Goodall(N(3v 10,2022 07:19 CST) M Jannette S. Goodall, City Secretary AS MAYOR AND COUNCIL COMMUNICATION MAP 60WESTSIDE III/IV/V WATERMAINSP2-KHA&MCKEE FUTURE WESTSIDE III I,, 42WATFUTURE WESTSIDE IV .jj.� 421NCH WATER MAIN 'y., �A, is ' `� .. �� • PENDING WESTSIDE III • 241NCH WATER MAIN vv IN \ i PROPOSED WESTSIDE III 421NCH WATER MAIN JH 20 16 INCH STUBOUT ^ f , y 0 MA RKUM RANCH PUMP STATION PROPOSED WESTSIDE V -J_- M—RK_U' M GAT.' W �•,�361NCH WATER MAIN . .I 7._.__ _.----- - AY �' r I � i • 241NCH STUBOUT I -J • PROPOSED WESTSIDE IV ?ti ' . 361NCH WATER MAIN Air p `4 r dr 1' � t 161NCH STUBOUT fFdo / _ FUTURE WESTIDE IV 361NCH WATER MAIN FUTURE WESTIDE V "�!• _ 361NCH WATER MAIN ALEDO RDA ' - jjL _ FLIRT WORTH City of Fort Worth, Texas Mayor and Council Communication DATE: 11/08/22 M&C FILE NUMBER: M&C 22-0886 LOG NAME: 60WESTSIDE III/IV/V WATERMAINSP2-KHA&MCKEE SUBJECT (CD 3)Authorize Execution of Amendment No. 1 in the Amount of$307,885.00 to an Engineering Agreement with Kimley-Horn Associates, Inc., for Westside IV Elevated Water Storage Tank and Transmission Main Project,Authorize Execution of a Contract with McKee Utility Contractors, Inc.in the Amount of$8,081,011.00 for Westside IV Elevated Water Storage Tank and Transmission Main Project, Provide for Total Project Costs in the Amount of$11,009,481.00,Authorize Acceptance of Funds from Walsh Ranches Limited Partnership in the Amount of $324,256.00,Adopt Resolution Expressing Official Intent to Reimburse Expenditures with Proceeds of Future Debt, and Adopt Appropriation Ordinances to Effect a Portion of Water's Contribution to the Fiscal Years 2023-2027 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of Amendment No. 1 to City Secretary Contract No.55971 in the amount of$307,885.00,an Engineering Agreement with Kimley-Horn Associates, Inc.,for construction support services for Westside IV Elevated Water Storage Tank and Transmission Main project(City Project No. 103292) for a revised contract amount of$1,678,150.00; 2. Authorize execution of a contract with McKee Utility Contractors, Inc.in the amount of$8,081,011.00 for the Westside IV Elevated Water Storage Tank and Transmission Main project(City Project No. 103292); 3. Authorize the acceptance of funds from Walsh Ranches Limited Partnership in the amount of$324,256.00(CSC 58178); 4. Adopt attached appropriation ordinance increasing estimated receipts and appropriations in the Water and Sewer Capital Projects Fund in the amount of$324,256.00, received from Walsh Ranches Limited Partnership,for the purpose of providing funding for the Westside IV Elevated Water Storage Tank and Transmission Main project(City Project No. 103292); 5. Adopt the attached resolution expressing official intent to reimburse expenditures with proceeds from future debt for the Westside IV Elevated Water Storage Tank and Transmission Main project;and 6. Adopt the attached appropriation ordinance adjusting appropriations in the W&S Commercial Paper Fund by increasing appropriations in the Westside IV Elevated Water Storage Tank and Transmission Main project(City Project No. 103292)in the amount of$8,853,934.00 and decreasing appropriations in the W&S Commercial Paper project(City Project No. UCMLPR)by the same amount to effect a portion of Water's Contribution to the Fiscal Years 2023-2027 Capital Improvement Program. DISCUSSION: On June 22,2021, Mayor and Council Communication (M&C)21-0482,the City Council authorized an engineering agreement with Kimley-Horn Associates, Inc., (City Secretary Contract No. 55971), in the amount of$1,370,265.00 to prepare plans and specifications for the construction of Westside IV Elevated Water Storage Tank and 36 inch Water Transmission Main. The purpose of this M&C is to authorize execution of Amendment No. 1 to City Secretary Contract No.55971 in the amount of$307,885.00,an Engineering Agreement with Kimley-Hom Associates, Inc.,for construction support services for Westside IV Elevated Water Storage Tank and Transmission Main project(City Project No. 103292)for a revised contract amount of$1,678,150.00 and execution of a contract with McKee Utility Contractors, Inc.in the amount of$8,081,011.00 for the Westside IV Elevated Water Storage Tank and Transmission Main project(City Project No. 103292). As part of Amendment No. 1,the Engineer will provide construction phase services,additional pipeline design,additional survey services, surge analysis for the Westside IV and V water transmission mains and dividing the project into two parts to accelerate completion of the project. The project was advertised for bid on August 18 and 25,2022, in the Fort Worth Star-Telegram. On September 15,2022,the following bids were received: I Bidder Base Bid (Additive Alternate Total Bid Contract Bid Time McKee 325 utility Contractors, $7,756,755.00 $324,256.00 $8,081,011.00 Calendar (Days [Inc. IF7 1� Mountain 'F (Cascade of $9,056,478.00 $331,321.00 $9,387,799.00 Texas, LLC S.J. Louis Construction $9,769,061.41 $313,974.5111$10,083,035.92' of Texas, Ltd. Harper Brothers 1$10,927,114.72 $351,758.131$11,278,872.85 Construction, LLC Reyes Group,$11 199,114.00 $647,774.00 $11,846,888.00 Ltd. 1 Walsh Ranches Limited Partnership(WRLP), pursuant to a previously executed Developer Fundign Agreement(CSC 58178), has contributed the amount of$324,256.00 to pay for the cost of the Additive Alternate Bid which consists of two 16-inch and one 24-inch stub out as requested by WRLP during the design of this project. In addition to the contract cost, $517,808.00 is required for project management and inspection and $271,486.00 is provided for project contingency. M&C 21-0482 authorized $461,026.00 for project management, real property acquisitions, and utility coordination in relation to Kimley-Horn and Associates, Inc's original engineering contract. This project will have no impact on the Water Department's operating budget when complete. Funding is budgeted in the W&S Commercial Paper project within the W&S Commercial Paper Fund for the purpose of funding the Westside IV Elevated Water Storage Tank and Transmission Main project project. This project is anticipated to be included in a future revenue bond issue for the Water&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. 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. The actions in the M&C will amend the City of Fort Worth's Fiscal Year 2023-2027 Capital Improvement Program as follows: 60WESTSIDE III/IVN WATERMAINSP2-KHA&MCKEE Capital Revised Project FY2023 CIP Budget Change Fund Authority FY2023 Name Name Appropriations' (Increase/Decrease); Bud et 9 103292 56021- -WSIV ComW&S Elevated Commercial WST& 7$000This M&C $8,853,934.00 $8,853,934.001 Paper Trans Main 56002- 103292 Water& -WSIV Sewer Elevated Capital WST& $0.00 This M&C $324,256.00 $324,256.001 Projects Trans Fun d Main Funding for the WS IV Elevated WST&Trans Main project is depicted below: Existing Additional , FUND Project Total Appropriations Appropriations W&S Rev Bonds Series 20221j Fund 56020 $1,831,291.00 $0.00 $1,831,291.00 W&S Commercial Paper 1 Fund 56021 $0.00 $8,853,934.00) $8,853,93400 W&S Capital Projects Fund I 56002 I $0.00 $324,256.00I $324,256.00 i Project Total I $1,831,291.00I $9,178,190.00 $11,009,481.001 I � *Numbers rounded for presentation purposes. Business Equity-McKee Utility Contractors, Inc. is in compliance with City's Business Equity Ordinance by committing to five percent Business Equity participation on this project. The City's Business Equity goal on this project is five percent. Business Equity-Kimley-Horn Associates, Inc. (KHA)agrees to maintain its initial MNVBE commitment of 10 percent that it made on the original agreement and extend and maintain that same MMBE commitment of 10 percent to this first amendment.Therefore Kimley-Horn Associates, Inc. (KHA) remains in compliance with the City's Business Equity Ordinance and attests to its commitment by its signature on the Acceptance of Previous M/WBE commitment form executed by an authorized representative of its company. The project is located in COUNCIL DISTRICT 3. FISCAL INFORMATION I CERTIFICATION: The Director of Finance certifies that funds are currently available in the 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 ordinances,funds will be available in the W&S Commercial Paper Fund and the W&S Capital Projects Funds for the WSIV Elevated WST&Trans Main project to support the approval of the above recommendations and execution of the amendment to the engineering contract and the construction contract. The Water Department(and Financial Management Services)is responsible for the collection and deposit of funds due to the City. Prior to an expenditure being incurred,the Water Department has the responsibility of verifying the availability of funds. Submitted for City Manager's Office by. Dana Burghdoff 8018 Originating Business Unit Head: Chris Harder 5020 Additional Information Contact: Farida Goderya 8214 Expedited