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HomeMy WebLinkAboutResolution 5761-06-2023A Resolution NO. 5761-06-2023 STATEMENT EXPRESSING OFFICIAL INTENT TO REIMBURSE EXPENDITURES WITH PROCEEDS OF FUTURE DEBT FOR THE BONDS RANCH LIFT STATION (A), FORCE MAIN, AND GRAVITY 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 Bonds Ranch Lift Station (A), Force Main, and Gravity 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 $2,500,000.00 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 271h day of June 2023. ATTEST: �s A By' ---------------------------- Jannette S. Goodall, City Secretary MAYOR AND COUNCIL COMMUNICATION MAP 60BRLSFMGM-FNI City of Fort Worth, Texas Mayor and Council Communication DATE: 06/27/23 M&C FILE NUMBER: M&C 23-0544 LOG NAME: 60BRLSFMGM-FNI SUBJECT (CD 7) Authorize Execution of Engineering Agreement with Freese and Nichols, Inc., in the Amount of $1,143,312.00 for Bonds Ranch Lift Station, Force Main, and Gravity Main, Adopt Resolution Expressing Official Intent to Reimburse Expenditures and 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 an Engineering Agreement with Freese and Nichols, Inc. in the amount of $1,143,312.00 for the Bonds Ranch Lift Station, Force Main, and Gravity Main project; 2. Adopt the attached resolution expressing Official Intent to Reimburse expenditures with proceeds of future enterprise fund debt for the Bonds Ranch Lift Station, Force Main, and Gravity Main project; and 3. Adopt the attached appropriation ordinance adjusting appropriations in the Water & Sewer Commercial Paper Fund by increasing appropriations in the Bond Ranch Lift Station, Force Main, and Gravity Main project (City Project No. 104490) in the amount of $2,074,075.00 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: This Mayor and Council Communication (M&C) is to authorize the preparation of plans and specifications for the Bonds Ranch Lift Station, Force Main, and Gravity Main project. Due to continued growth on the east side of Eagle Mountain Lake, it is necessary to prepare plans and specifications for the Bonds Ranch Lift Station, Force Main and Gravity Main The proposed scope of work consists of an 11.5 million gallon lift station along with a force main along Morris Dido Newark Road (FM 1220) to a sewer gravity main. Two existing force mains, one serving the Eagle Mountain Elementary School and the other serving Live Oak Road will be connected to the proposed gravity sewer main. Freese and Nichols, Inc. proposes to provide the necessary design services for the lift station, force main, and gravity main for a fee of $1,143,312.00. Staff considers the proposed fee to be fair and reasonable for the scope of services proposed. In addition to the contract amount, $930,763.00 is required for project management, utility coordination, real property acquisition and material testing. In April 2022, the Water Department, Capital Delivery Division, requested qualifications "RFQ" from interested and qualified engineering consulting firms (or other qualified firms) to perform engineering, design, permitting and professional services necessary for the Bonds Ranch Lift Station, Force Main and Gravity Main Project. Six consulting firms submitted Statements of Qualifications ("SOQ") in response to the City's RFQ. An evaluation team consisting of Water Department staff reviewed and scored the SOQ's based on specific qualifications of key personnel to be assigned to the project, specific technical capabilities of the firm related to the project, firm's prior experience on similar projects, identification and qualifications of sub -contractors to be utilized on the project and ability to fulfill the City's Business Equity goal on the project. After evaluating all the submitted SOQ's, Freese and Nichols, Inc. was selected as the most qualified consultant to provide design services for this 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 appropriate funds in support of the Water's portion of the City of Fort Worth's Fiscal Years 2023-2027 Capital Improvement Program, as follows: Funding will be available after the sale of Water and Sewer bonds is completed in the UCMLPR project within the W&S Commercial Paper Fund for the Bonds Ranch LS(A)/FM/GM project. 60BRLSFMGM-FNI Budget Capital Fund Project FY2023 CIP Authority Change Revised FY2023 Name Name Appropriations (Increase/ Budget Decrease) Fund 56022 — W&S Commercial Paper 104490 — Bonds Ranch LS(A)/FM/GM $0.00 This M&C $2,074,075.00 $2,074,075.00 Funding for the Bonds Ranch Lift Station, Force Main, and Gravity Main Project is depicted below: FUND Existing Appropriations Additional Appropriations Project Total* Fund 56022 - W&S Commercial Paper $0.00 F $2,074,075.00 $2,074,075.00 Project Total - $0.00 $ :,074,075.00 $2,074,075.00 "Numbers rounded for presentation purposes. Business Equity: Freese and Nichols, Inc. is in compliance with City's Business Equity Ordinance by committing to 29 percent MWBE participation on this project. The City's MWBE goal on this project is 12 percent. The project is located in COUNCIL DISTRICT 7. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds will be available after the sale of Water and Sewer bonds is completed in the UCMLPR 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 Bonds Ranch LS(A)/FM/GM project to support the approval of the above recommendations and execution of the agreement. Prior to any expenditure being incurred, the Water Department has the responsibility of verifying the availability of funds. Submitted for City Managers Office by: Dana Burghdoff 8018 Originating Business Unit Head: Chris Harder 5020 Additional Information Contact: Pratima Poudyal 6149