HomeMy WebLinkAboutOrdinance 25917-12-2022 ORDINANCE NO.25917-12-2022
AN ORDINANCE ADJUSTING APPROPRIATIONS IN THE WATER AND
SEWER COMMERCIAL PAPER FUND BY INCREASING APPROPRIATIONS IN
VILLAGE CREEK WATER RECLAMATION FACILITY DIGESTER
IMPROVEMENTS PROJECT(CITY PROJECT NO.102652)IN THE AMOUNT OF
$25,000,000.00 AND DECREASING APPROPRIATIONS IN THE W&S
COMMERCIAL PAPER PROJECT (CITY PROJECT NO. UCMLPR) BY THE
SAME AMOUNT; 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 adjusted appropriations in the Water and Sewer Commercial
Paper Fund by increasing appropriations in the Village Creek Water Reclamation Facility Digester
Improvements Project (City Project no. 102652) in the amount of $25,000,000.00 and decreasing
appropriations in the W&S Commercial Paper project(City Project No.UCMLPR)by the same amount.
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said prior ordinances and appropriations are hereby expressly repealed.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
Dillack(Dec 16,2022 12:59 CST) Jannette S.Goodall(Dec 16,202213:06 OF
Douglas W.Black Jannette S.Goodal ................
Senior Assistant City Attorney City Secretary G.�
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ADOPTED AND EFFECTIVE:December 13,2022 ,. �,
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: 12/13/22 M&C FILE NUMBER: M&C 22-1046
LOG NAME: 60VCWRF DIGESTER MIXING-FLARE-DOME IMPROVPI-EAGLE&HAZENS
SUBJECT
(CD 5)Authorize Execution of a Contract with Eagle Contracting, LLC. in the Amount of$39,773,000.00 for the Village Creek Water Reclamation
Facility Digester Improvements Project,Authorize Execution of Amendment No.2 in the Amount of$1,047,260.00 to an Engineering Agreement
with Hazen and Sawyer, Inc.for the Village Creek Water Reclamation Facility Digester Improvements Project, Provide for Total Project Costs in the
Amount of$44,180,804.00,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 a contract with Eagle Contracting, LLC. in the amount of$39,773,000.00 for the Village Creek Water Reclamation
Facility Digester Improvements project(City Project No. 102652);
2. Authorize execution of Amendment No. 2 in the amount of$1,047,260.00 to an engineering agreement with Hazen and Sawyer, Inc.for
construction assistance services for the Village Creek Water Reclamation Facility Digester Improvements project(City Project No. 102652)
for a revised contract amount of$3,304,146.00;
3. Adopt the attached resolution expressing official intent to reimburse expenditures with proceeds from future debt for Village Creek Water
Reclamation Facility Digester Improvements project;
4. Adopt the attached appropriation ordinance adjusting appropriations in the W&S Commercial Paper Fund by increasing appropriations in
the Village Creek Water Reclamation Facility Digester Improvements project(City Project No. 102652)in the amount of$25,000,000.00 and
decreasing appropriations in the W&S Commercial Paper project (City Project No. LlCMLPR) by the same amount to effect a portion of
Water's Contribution to the Fiscal Years 2023-2027 Capital Improvement Program;and
5. Adopt the attached appropriation ordinance increasing receipts and appropriations in the Water/Sewer Gas Lease Cap Proj Fund in the
amount of$16,763,858.00, from available funds, for the purpose of funding Village Creek Water Reclamation Facility Digester
Improvements project(City Project No. 102652).
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C)is to authorize execution of a contract with Eagle Contracting, LLC. in the amount
of$39,773,000.00 for the Base Bid plus Alternates 1 and 2 for the Village Creek Water Reclamation Facility (VCWRF) Digester
Improvements project (City Project No. 102652)and execution of Amendment No. 2 to City Secretary Contract No. 54683 in the amount of
$1,047,260.00, an engineering agreement with Hazen and Sawyer, Inc., for construction support services for VCWRF's Digester
Improvements project(City Project No. 102652)for a revised contract amount of$3,304,146.00.
On September 22, 2020, M&C 20-0701,the City Council authorized an engineering agreement with Hazen and Sawyer, Inc., (City Secretary
Contract No. 54683), in the amount of$920,150.00 for the evaluation and design of improvements to the digester mixing systems, digester gas
flares, and digester domes at the VCWRF. The agreement was subsequently revised by Amendment No. 1 in the amount of$1,336,736.00,
authorized on August 17,2021, by M&C 21-0585,to design improvements to the digester gas treatment and conveyance, refurbishment of the
turbine gas compressors and upgrades to supporting electrical systems. As part of Amendment No. 2, Hazen and Sawyer, Inc.will provide
additional design services to break out a bid package for Phase 1 of construction and to provide construction assistance services that consist of
technical assistance, site visits,and coordination among the four projects that will allow digester gas to be utilized as a supplemental fuel source
for the new biosolids dryer at the VCWRF Biosolids Management and Beneficial Reuse Facility.
The project was advertised for bid on September 29 and October 6,2022, in the Fort Worth Star-Telegram.On November 10,2022,the following
bids were received:
j Base Bid+ Base Bid + Base Bid +
Bidder Total Base Bidsl Base Bid+ Contract!
Alternates 1 &�Alternates 1,2 Alternates 1 2,
Alternate 1 2 &3 3&4 Time
IEagle 1,065
ontracting,!$36,925,000.00 $38,850,000.00'$39,773,000.001$39,919,000.00 $40,358,000.00 CalendarLC Days j
Thalle
Construction
Company, $52,146,430.00:$54,744,300.00'$55,589,300.00 $55,599,300.00�$55,715,000.00�
Inc.
'Staff recommends award of contract for Base Bid+Alternates 1&2,which consists of base bid, additional digester improvements (Alternate 1),
and electrical transformers switchgear improvements(Alternate 2).
In addition to the contract cost, $625,414.00 is required for project management and inspection, and $318,184.00 is provided for project
contingency.
This project will have no impact on the Water Department's operating budget when complete.
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:
60VCWRF DIGESTER MIXING-FLARE-DOME IMPROVP1-EAGLE&HAZENS
Capital P[ roJect FY2023 CIP Budget Change Revised
Fund Name Name iAppropriations,Authority (Increase/Decrease), Budget
566
W&S1 102652- 4
Commercial Digester $0.00 This M&C1 $25,000,000.00$25,000,000.00
Paper Improvements
53004-
1102652-
Water/Sewer I
Gas Lease I Digester $0.00 This M&C $16,763,858.00$16,763,858.00j
Cap Project Improvements
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 the 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.
Funds are currently available in the Water/Sewer Gas Lease Cap Project Fund for the purpose of funding the VCWRF's Digester Improvements
project.
Funding for the Digester Improvements project is depicted below:
F� Existing Additional
D 'l Project Total" '
Appropriations, Appropriations
W&S Rev Bonds j
Series 2021 - $1,020,150.00 $0.001 $1,020,150.00
Fund 56019
W&S Rev Bonds
Series2022- $1,396,796.00 $0.001 $1,396,796.00I
Fund 56020
W&S Commercial
Paper-Fund $0.00i $25,000,000.00 $25,OOO,OOO.00
56021
Water/Sewer Gas j
Lease Cap Proj— $0.0& $16,763,858.00$16,763,858.00
Fund 53004
Project Total $2,416,946.00 $41,763,858.00 $44,180,804.00
'Numbers rounded for presentation purposes.
Waiver of Building Permit Fee-In accordance with the City Code of Ordinances, Part II, Chapter 7-1 Fort Worth Building Administrative Code,
Section 109.2.1, Exception 2;"Work by non-City personnel on property under the control of the City of Fort Worth shall be exempt from the permit
fees only if the work is for action under a contract that will be or has been approved by City Council with notes in the contract packages stating the
fee is waived."
Business Equity—EAGLE-A waiver of the goal for Business Equity subcontracting requirements was requested,and approved by the DVIN, in
accordance with the applicable Ordinance, because the purchase of goods or services is from sources where subcontracting or supplier
opportunities are negligible.
Business Equity—Hazen Sawyer-Hazen and Sawyer, Inc. agrees to maintain its initial M/WBE commitment of 33 percent that it made on the
original agreement and extend and maintain that same M/WBE commitment of 33 percent to all prior amendments up to and inclusive of this
Amendment No.2.Therefore Hazen and Sawyer, Inc. remains in compliance with the City's MI BE Ordinance and attests to its commitment by its
signature on the Acceptance of Previous MI BE Commitment form executed by an authorized representative of its company.
The project is located in COUNCIL DISTRICT 5.
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 in the Unspecified-All Funds project within the Water/Sewer Gas Lease Cap Proj 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 Water/Sewer Gas Lease
Cap Proj Fund for the Digester Improvements project to support the approval of the above recommendations and execution of the contract and
amendment to the agreement. 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: Suzanne Abbe 8209
Expedited