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HomeMy WebLinkAboutOrdinance 26185-05-2023ORDINANCE NO. 26185-05-2023 AN ORDINANCE ADJUSTING APPROPRIATIONS IN THE W&S COMMERCIAL PAPER FUND, BY INCREASING APPROPRIATIONS IN THE VILLAGE CREEK WATER RECLAMATION ADDITIONAL GAS LINE FOR BIOSOLIDS DRYING FACILITY PROJECT (CITY PROJECT NO. 103011) IN THE AMOUNT OF $5,619,233.00 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 W&S Commercial Paper Fund, by increasing appropriations in the Village Creek Water Reclamation Additional Gas Line for Biosolids Drying Facility project (City Project No. 103011) in the amount of $5,619,233.00 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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: i DBlack (May 26, 2023 15:55 CDT) Douglas W. Black Senior Assistant City Attorney ADOPTED AND EFFECTIVE: May 23, 2023 CITY SECRETARY U Jannette S. Goodall City Secretary MAYOR AND COUNCIL COMMUNICATION MAP 60ADDITIONALGASBIOSOLIDS- RCONST&HALFF City of Fort Worth, Texas Mayor and Council Communication DATE: 05/23/23 M&C FILE NUMBER: M&C 23-0410 LOG NAME: 60VCWRF ADDITIONAL GAS BIOSOLIDS — RCONST&HALFF SUBJECT (CD 5 / Future CD 5) Authorize Execution of a Contract with R Construction Civil, LLC in the Amount of $4,828,791.50 for the Village Creek Water Reclamation Additional Gas Line for Biosolids Drying Facility Project, Authorize Execution of Amendment No. 1 in the Amount of $248,775.00 to an Engineering Agreement with Halff Associates, Inc. for the Village Creek Water Reclamation Additional Gas Line for Biosolids Drying Facility Project, Provide for Total Project Costs in the Amount of $5,619,233.00, 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 2023-2027 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of a contract with R Construction Civil, LLC in the amount of $4,828,791.50 for the Village Creek Water Reclamation Additional Gas Line for Biosolids Drying Facility project (City Project No. 103011)1- 2. Authorize execution of Amendment No. 1 in the amount of $248,775.00 to an engineering agreement with Halff Associates, Inc. for construction phase services for the Village Creek Water Reclamation Additional Gas Line for Biosolids Drying Facility project (City Project No. 103011) for a revised contract amount of $565,455.00; 3. Adopt the attached resolution expressing official intent to reimburse expenditures with proceeds from future debt for the Village Creek Water Reclamation Additional Gas Line for Biosolids Drying Facility project; and 4. Adopt the attached appropriation ordinance adjusting appropriations in the W&S Commercial Paper Fund by increasing appropriations in the Village Creek Water Reclamation Additional Gas Line for Biosolids Drying Facility project (City Project No. 103011) in the amount of $5,619,233.00 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: The purpose of this Mayor and Council Communication (M&C) is to authorize execution of a contract with R Construction Civil, LLC in the amount of $4,828,791.50 for the Village Creek Water Reclamation (VCWRF) Additional Gas Line for Biosolids Drying Facility project (City Project No. 103011) and authorize execution of Amendment No. 1 to City Secretary Contract No. 56388, an engineering agreement with Halff Associates, Inc., in the amount of $248,775.00 for construction support services for the VCWRF Additional Gas Line for Biosolids Drying Facility project (City Project No. 103011) for a revised contract amount of $565,455.00. On August 24, 2021, M&C 20-0622, the City Council authorized an engineering agreement with Halff Associates, Inc., (City Secretary Contract No. 56388), in the amount of $316,680.00 for the design of a biogas pipeline. The biogas pipeline will convey digester gas from VCWRF to the biosolids drying facility for use as a supplemental fuel source for the new biosolids dryer. Amendment No. 1, will provide compensation for additional design on the project as well as construction phase services consisting of contractor submittal review, technical assistance, and site visits. The project was advertised for bid on January 12, 2022 and January 19, 2022, in the Fort Worth Star -Telegram. On April 13, 2023 the following bids were received: Bidder Total Base j Bid Base Bid + Alternate A Contract Time R Construction Civil, $4,828,791.501 $4,810,791.50 365 Calendars LLC Driver Pipeline Company, Inc. $6,590,354.95 �� $6,578 145 40��, Days *Staff recommends award of contract for the Base Bid. In addition to the contract cost, $348,514.00 is required for project management, inspection, and materials testing, and $193,152.00 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 ADDITIONAL GAS BIOSOLIDS — RCONST&HALFF ' Capital (FNaet,,�' � FY2023 CIP !Authority; Budget ChangeFund (Increase/Decrease)iName Revised FY2023Appropriations, Budget 56022 - ;— W&S 103011) ADD. VA Dryer � $0.00' I I This M&C! ' $5,619,233.00! $5,619,233.00 Commercial Facility: Paper iGas line 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. Funding for the Additional Gas Line for Proposed Biosolids Facility project is depicted below: Fund I Existingi Appropnations ( Additional Appropriations Project Total*! W&S Rev Bonds Series 2022 - Fund $441,711.00' $0.00; $441,711.001 �56020 W&S Commercial $0.00 $5,619,233.00 $5,619,233.00 Paper - Fund 56022 Project Total $441,711.00 $5,619,233.00'; $6,060,944.00 *Numbers rounded for presentation purposes. Business Equity — R Construction Civil, LLC - R Construction Civil LLC is in compliance with the City's Business Equity Ordinance by committing to 6 percent participation on this project. The City's goal on this project is 5 percent. Business Equity — Halff Associates, Inc. agrees to maintain its initial M/WBE commitment of 10 percent that it made on the original agreement and extend and maintain that same M/ BE commitment of 10 percent to all prior amendments up to and inclusive of this Amendment No. 1. Therefore Halff Associates, Inc. remains in compliance with the City's M/WBE Ordinance and attests to its commitment by its signature on the Acceptance of Previous MAMBE Commitment form executed by an authorized representative of its company The project is located in COUNCIL DISTRICT 5 and FUTURE COUNCIL DISTRICT 5. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds will be available after the sale of the Water and Sewer bonds 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 ordinance, funds will be available in the W&S Commercial Paper Fund for the ADD VC Dryer Facility Gasline 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 Officey. Dana Burghdoff 8018 Originating Business Unit Head: Chris Harder 5020 Additional Information Contact: Suanne Abbe 8209 Expedited