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HomeMy WebLinkAboutOrdinance 25829-11-2022 (4) ORDINANCE NO.25829-11-2022 AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE WATER AND SEWER CAPITAL PROJECTS FUND IN THE AMOUNT OF$324,256.00,TO BE RECEIVED FROM WALSH RANCHES LIMITED PARTNERSHIP, FOR THE PURPOSE OF FUNDING THE WESTSIDE IV ELEVATED WATER STORAGE TANK AND TRANSMISSION MAIN PROJECT (CITY PROJECT NO. 103292); PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That in addition to those amounts allocated to the various City departments for Fiscal Year 2022-2023 in the Budget of the City Manager,there shall also be increased estimated receipts and appropriations in the Water and Sewer Capital Projects Fund in the amount of$324,256.00,to be received from Walsh Ranches Limited Partnership,for the purpose of funding the Westside IV Elevated Water Storage Tank and Transmission Main project(City Project No. 103292). SECTION 2. That should any portion,section or part of a section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction,such decision,opinion or judgment shall in no way impair the remaining portions,sections,or parts of sections of this ordinance,which said remaining provisions shall be and remain in full force and effect. SECTION 3. That this ordinance shall be cumulative of Ordinance 25773-09-2022 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations,in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. SECTION 4. This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: CITY SECRETARY Dijlack(Nbv 10,2022 09:08 CST) Jannette S.Goodall(Nov 10,202211:48 CST) Douglas W.Black Jannette S.Goodall Senior Assistant City Attorney City Secretary F FAT O ADOPTED AND EFFECTIVE:November 8,2022 •.,�'.: O _ TEXAS MAYOR AND COUNCIL COMMUNICATION MAP 60WESTSIDE III/IV/V WATERMAINSP2-KHA&MCKEE N a Vr FUTURE WESTSIDE 111 r* *• �� # , 421NCH WATER MAIN FUTURE WESTSIDE IV {. + 7 • ; ,ry + ; , f 421NCH WATER MAIN - f, .. +,R •+y PENDING WESTSIDE III 241NCH WATER MAIN le WIN 20 �A. r \'� ---•--- 4 PROPOSED WESTSIDE III y 421NCH WATER MAIN I W(H 2 I. } 16 INCH STUBOUT �MARPKUM PROPOSED WESTSIDE\ ' MARKUM 361NCH WATER MAIN y--- -GATE wqY 241NCH STUBOUT r • -- PROPOSED WESTSIDE IV yr. 361NCH WATER MAIN �v W 161NCH STUBOUT / J C ' 0 FUTURE WESTIDE IV 1 361NCH WATER MAIN ;fl r - r FUTURE WESTIDE V 361NCH WATER MAIN .ALEDO.RD �. FORTWORTH : r 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/IVN 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-Hom 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-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; 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-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 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: Additive Alternate` Total Bid Contract Bidder Base Bid Bid Time i McKee Utility 325 Contractors, $7,756,755.00 $324,256.00: $8,081,011.00�Calendar Inc. Days i I Mountain � i Cascade of $9,056,478.00 $331,321.00 $9,387,799.00 Texas,LLC S.J. Louis Construction $9,769,061.41 $313,974.51 $10,083,035.92 of Texas,Ltd. Harper Brothers Construction, $10,927,114.72 $351,758.13 $11,278,872.85 LLC lyes Group, $11,199,114.00 $647,774.00 $11,846,888.00 . 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-Hom 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/IV/V WATERMAINSP2-KHA&MCKEE Capital � Revised Project FY2023 CIP Budget Change Fund Authority FY2023 Name Name Appropriations (Increase/Decrease) 9 Bud et 103292 56021- I_WSIV W&S Elevated $0.00 This M&C $8,853,934.00$8,853,934.00 Commercial WST& Paper Trans Main 56002- 103292 Water& -WSIV Sewer Elevated $0.00 This M&C $324,256.00 $324,256.00 Capital WST& Projects Trans Fund IMainl Funding for the WS IV Elevated WST&Trans Main project is depicted below: Existing Additional FUND Appropriations Appropriations Project Total` W&S Rev Bonds Series 2022 $1,831,291.00 $0.00 $1,831,291.00 Fund 56020 W&S Commercial Paper $8,853,934.00 $8,853,934.00 Fund 56021 W&S Capital Projects Fund $0.00i $324,256.00 $324,256.00 56002 Project Total $1,831,291.00 $9,178,190.00 $11,009,481.00 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 M/WBE commitment of 10 percent that it made on the original agreement and extend and maintain that same MM/BE 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/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