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HomeMy WebLinkAboutOrdinance 26311-06-2023ORDINANCE NO. 26311-06-2023 AN ORDINANCE ADJUSTING APPROPRIATIONS IN THE WATER AND SEWER COMMERCIAL PAPER FUND BY INCREASING APPROPRIATIONS IN THE FWCC WATER & SEWER RELOCATIONS PROJECT (CITY PROJECT NO. 104484) IN THE AMOUNT OF $35,830,946.00 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 FWCC Water & Sewer Relocations project (City Project No. 104484) in the amount of $35,830,946.00 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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: 1 Mack (Jul3, 2023 13:39 COT) Douglas W. Black Senior Assistant City Attorney ADOPTED AND EFFECTIVE: June 27, 2023 CITY SECRETARY Jannette S. Goodall City Secretary _44vnc�r , MAYOR AND COUNCIL COMMUNICATION MAP 60 FWCC P14SS R-SJ LO U IS a Lu j. ti�t� y�' a'�, ice:}, � ' � � �,• � � , ,, Lu e t r •, rlaa "= t4 EXISTING SANITARY k y \ ,r,• t SEWER MAIN+�r ,7 cl EXISTING , SANITARY SEWER MAIN TO r' '�►" ,. t - BE ABANDONED ` O PROPOSED SEWER �F�S, �� ' EXISTING SANITARY = MAIN RELOCATION p.�,. `� SEWER MAIN r'f� '�SHAMRKAVE OC r' lj�CULLENST "r-'ti n* (n 1 W i i Q a CALVERTSTr !M ;' , EXISTING SANITARY, SEWER MAIN TO r_{ "OTILLARST �-, ti"- frJ BE ABANDONED ' 'o�/ afi pl / WHITE'S SET•TLEMENTRD FORTWORTH - - - / _ - .r'U) irm a" City of Fort Worth, Texas Mayor and Council Communication DATE: 06/27/23 M&C FILE NUMBER: M&C 23-0542 LOG NAME: 60FWCCP14SSR-SJLOUIS SUBJECT (CD 2) Authorize Execution of a Contract with S.J. Louis Construction of Texas, Ltd. in the Amount of $34,824,041.30 for the Fort Worth Central City Part 14 — Channel Segment C, Sanitary Sewer Relocations Project, Provide for Project Costs in the Amount of $35,830,946.00, Adopt Resolution Expressing Official Intent for City to Reimburse Itself, 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 S.J. Louis Construction of Texas, Ltd. in the amount of $34,824,041.30 for the Fort Worth Central City Part 14 — Channel Segment C, Sanitary Sewer Relocations project; 2. Adopt the attached resolution expressing official intent to reimburse expenditures with proceeds from future debt and/or annual payments from the Tarrant Regional Water District for the Fort Worth Central City Water & Sewer Relocations project; and 3. Adopt the attached appropriation ordinance adjusting appropriations in the Water and Sewer Commercial Paper Fund by increasing appropriations in the Fort Worth Central City Water & Sewer Relocations project (City Project No. 104484) in the amount of $35,830,946.00 and decreasing appropriations in the W&S Commercial Paper project (City Project No. UCMLPR) by the same amount. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize execution of a contract with S.J. Louis Construction of Texas, Ltd. in the amount of $34,824,041.30 for the Fort Worth Central City Part 14 — Channel Segment C, Sanitary Sewer Relocations. This project Part 14, provides for sanitary sewer relocations and abandonments as identified on the attached Mayor and Council Communication Location Map to accommodate future Bypass Channel C by the United States, Army Corps of Engineering for the Fort Worth Central City project. The project was advertised for bid on April 13 and 20, 2023, in the Fort Worth Star -Telegram. On June 1, 2023, the following bids were received: Bidders i Total Bid Contract Time S.J. Louis Construction of Texas, Ltd. �_............--..........._. ............._.._ ........ _ $34,824,041.30' 500 Calendar Days s Southland Holdings, LLC I$37,606,669.75, In addition to the contract amount $589,016.70 is required for project management, material testing and inspection and $417,888.00 is provided for project contingencies. This project will have no impact on the Water Department's operating budget when complete. This project is anticipated to be repaid from a series of annual reimbursements from the Tarrant Regional Water District (TRWD) as part of the Fort Worth Central City Water & Sewer Relocations project. In the event any bond -eligible costs are not fully reimbursed by TRWD, those costs would be 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 payment is received from TRWD and/or debt associated with the unreimbursed portions of this project is sold, those funds 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: 60FWCCP14SSR-SJLOUIS I Budget Capital Project FY2023 CIP ( Change Revised Fund Name Appropriations Authority' i (Increase FY2023 `Name I Decrease) I Budget 1104484 — j 56022 - 1FWCC Water & $0.00i This M&C: $35,830,946.00; $35,830,946.00 Co& mercial1 Sewer Pa per p ; Relocations' Funding for the Fort Worth Central City Part 14 — Channel Segment C, Sanitary Sewer Relocations project is depicted below: Fund _...__� Existing ( A ro nations !Appropriations p p p Additional i , Project Total* W&S Commercial Paper - Fund $0.00! $35,830,946.00 $35,830,946.00 56022 1 Project Total $0.00' $35,830,946.00 $35,830,946.00' The sanitary sewer $34,824,041.30 amount of this contract and the sanitary sewer $186,782.00 amount of material testing fees (to be performed by a geotechnical testing firm) are considered Trinity River Vision (TRV)-related work, which are eligible for funding from Tax increment Reinvestment Zone No. 9 (TRVA TIF) pursuant to the TRVA Project Plan. Having met its $26.6 million commitment to the TRV Project, the City will be reimbursed the sanitary sewer amount of $35,010,823.30 by the TRWD, in accordance with the provisions of the executed Interlocal Agreement between the City and the TRWD (City Secretary Contract No. 43425, as amended). TRWD has agreed to reimburse for TRVA completed work on an annual basis, which will provide the City with more timely replenishment of funds. Staff will record a receivable every month for reimbursable expenses, and the Water Department will be responsible for collecting the full reimbursement from TRWD annually. *Numbers rounded for presentation purposes. Business Equity: S.J. Louis Construction of Texas, Ltd. is in compliance with the City's Business Equity Ordinance by committing to 17 percent MWBE participation on this project. The City's MWBE goal on this project is 16 percent. The project is located in COUNCIL DISTRICT 2. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are currently availabe 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 FWCC Water and Sewer Relocations project to support the above recommendations and execution of the contract. 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: Liam Conlon 6824 Expedited