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HomeMy WebLinkAboutResolution 6020-11-2024A Resolution NO.6020-11-2024 STATEMENT EXPRESSING OFFICIAL INTENT TO REIMBURSE EXPENDITURES WITH PROCEEDS OF FUTURE DEBT FOR THE TRINITY RIVER VISION PHASE 1 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 and the Tarrant Regional Water District ("TRWD") are coordinating on the Army Corps of Engineers' Central City Flood Control Project, with the City advancing costs for certain ancillary subprojects such as the relocation of existing water and sewer infrastructure and TRWD reimbursing such costs in annual installments correlating to costs of work within that year; and WHEREAS, the City wishes to retain the ability debt -finance costs of these subprojects to the extent they are debt -eligible and not otherwise reimbursed by TRWD; and WHEREAS, expects to pay expenditures from available funds in connection with the design, planning, acquisition and construction for the Trinity River Vision Phase 1 Project (the "Project") prior to the issuance of obligations by the City that may finance some or all of the costs of the Project; and WHEREAS, the City finds, considers, and declares that the reimbursement of the City from proceeds of obligation 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: r 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 $300,000.00 for the purpose of paying eligible costs, including some or all of 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 12`t' day of November 2024. ATTEST: By: U Jannette S. Goodall, City Secretary q o"d1� FO�r�aa� ' Q0000000oa� q j, 0 00 ¢� �C�0 o�� MAYOR AND COUNCIL COMMUNICATION 60WMFWCC GRAND AVE CONSTRUCTIONCO2WATER-SJL City of Fort worth, Texas Mayor and Council Communication DATE: 11/12/24 M&C FILE NUMBER: M&C 24-1003 LOG NAME: 60SWM FWCC GRAND AVE CONSTRUCTIONC03WATER-SJL SUBJECT (CD 2) Authorize Execution of Change Order No. 3 in the Amount $253,192.00 to a Contract with S.J. Louis Construction of Texas, LTD, for the Trinity River Vision, Phase 1 Project, 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 2025-2029 Capital improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of Change Order No. 3 in the amount of $253,192.00 to City Secretary No. 59320, a contract with S.J. Louis Construction of Texas, LTD, for the Trinity River Vision, Phase 1 project for sanitary sewer improvements projects on N. Commerce, N. Calhoun, & N.E. 10th streets for a revised contract amount of $23,003,276.50; 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 & Sewer Commercial Paper Fund by increasing appropriations in the Trinity River Vision Phase 1 project (City Project No. C00969) in the amount of $253,192.00, and decreasing appropriations in the Commercial Paper Fund (City Project No. UCMLPR) by the same amount to effect a portion of Water's contribution to the Fiscal Years 2026-2029 Capital Improvement Program. DISCUSSION: On April 25th, 2023 by Mayor and Council Communication (M&C) 23-0321, the City Council authorized a construction contract with S.J. Louis Construction of Texas, LTD in the amount of $22,750,084.50 for Fort Worth Central City Grand Avenue Phase 2 Part 2 and Fort Worth Central City Grand Avenue Phase 2 Part 3 & Trinity River Vision, Phase 1. The contract was subsequently revised by Change Order No. 1 with a net total amount of $0.00 administratively authorized on April 5, 2024 that provided for swapping out a discontinued manufactured stormceptor model that was called for at the time of bid opening with a newer model and Change Order No. 2 with a net total of $0.00 administratively authorized September 3, 2024 that provided an additional 180 calendar days on the project for multiple revisions to the USACE package submittal which delayed the construction start time of the project. Change Order No. 3 in the amount of $253,192.00 (Water $206,792.00, Sewer$46,400.00) will provide pay items quantities for the following that are necessary on the project: The relocation of an existing 6-inch water main on Calhoun Street that was found in direct conflict with a project storm drain box culvert, and other than open cut installation to install a 40 foot segment of a 124nch project sewer main across an AT&T Manhole. This project is anticipated to be repaid from a series of annuat 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 GIP 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 2025-2029 Capital Improvement Program. Appropriations for the Trinity River Vision Phase 1 project is depicted below: Budget Budget Change c � Change Budget Change (InciDec) Revised Capital P Project 1 FY2025 CIP Authority 60WATER 0WAT (IncfDec) 60SWM FWCC GRAND AVE FY2025 Fund Name Name ,Appropriations FY2023 AND 60WSSRFWCC CONSTRUCTIONCO2WATER- FW2024 S1910001- SJL Budget FWCC REIMB CIRCLE C 56002- C00969 Water & Sewer -- Trinity River M&C 60WATER FY2023 Capital Vision, $0.00 AND FY2024 FWCC REIMB $8,466,851.96 $0.00 $0.00 $8,466,851.96 Projects Phase Recom #3 Fund 1 r--Tw&ss-C 60$0 RFWCCS1P10C01- $0.00 ($22,629,00) $0.00 ($22,629.00) CIRCLE C C00969; 56005- Trinity: M&C 60WATER FY2023 Water/Sewer:Ri $0.00 AND FY2024 FWCC REIMB ($880,824.03) $0.00 $0.00 ($880,824 .03) Bond 2016 Vision,iasio n, phase Recom #5 1 _ M&C 60WATER FY2023 $0.00 AND FY2024 FWCC REIMB ($3,865,117.59) $0.00 $0.00 ($3,865,117.59)` Recom #5 M&C 60 $0.00 WSSRFWCCS1P10C01- $0.00 ($245,930.86) $0.00 ($245,930.86) CIRCLE C C00969 56007 - -Trinity i M&C 60WATER FY2023 Water& Sewer Bond River Vision, $0.00 AND FY2024 FWCC REIMB ($2,249,571.96) $0.00 $0.00 ($2,249,571.96) 2015A Phase Recom #6 1IL M&C 60 $0.00 WSSRFWCCS1P10C01- $0,00 ($1,083,136.00) $0.00 ($1,083,136.00) CIRCLE C 56019 - M&C 60 W&S Rev $0.00 WSSRFWCCSI P10001- $0.00 ($443,312.00) $0.00 ($443,312.00) Bonds CIRCLE C Series 2021 56020-W&S M&C 60 Rev Bonds $0.00 WSSRFWCCSI P10001- $0.00 ($407,022.00) $0.00 ($407,022.00) Series 2022 CIRCLE C �C00969 -Trinity 56023 - River M&C 60WATER FY2023 Commercial $0.00 AND FY2024 FWCC REIMB $0.00 $0.00 ($777,632.61 ) Paper Vision,($777,632.61) ;Phase Recom #4 �1 M&C 60 i $0.00 WSSRFWCCS1 P10001- $0.00 $2,698,901.65 $0,00 $2,698,901.65 CIRCLE C 60SWM FWCC GRAND AVE $0.00 CONSTRUCTIONCO2WATER- $0.00 $0.00 $253.192.00 $253,192.00 SJL coo969• 59601 - Trinity M&C 60WATER FY2023 Water River Vision, i $0.00 AND FY2024 FWCC REIMB ($7,750.00) $0.00 $0.00 ($7,750.00) Capital Phase Reoom #7 1 C00969 59607 - -Trinity Sewer River M&C 60WATER FY2023 Capital Vision $0.00 AND FY2024 FWCC REIMB ($37,274.00) $0.00 $0.00 ($37,274.00) Legacy , Phase Recom #8 1 M&C 60WATER FY2023 $0.00 AND FY2024 FWCC REIMB ($571,599.21) $0.00 $0.00 ($571,599.21)' Recom #8 M&C 60 $0.00 WSSRFWCCS1P10C01- $0.00 ($31,608.79) $0.00 ($31,608.79) CIRCLE C $77,082.5611 $465,263.0011 $253,192.00E$795,53E7561 Funding for the Trinity River Vision, Phase I project is depicted below: 60WATER 60WSSRFWCC 60SWM FWCC Current Funding FY2023 SIP10C01- GRAND AVE Total Funding AND FY2024 CIRCLEC CONSTRUCTION FWCC REIMB CO2WATERSJL 56002 W&S Capital 1 $2,457.887.001 $8,466,851.96 $(22,629.00) $0.00 1 $10,902,109.96 Projects I �I 56005 Water/Sewer $6,855,400.00 $(4,745,941.62) $(245,930.86) $0.00 $1,863,527.52 Bond 2016 56007 Water & Sewer $6,167,422.45 $(2,249,571.96) $(1,083,136.00) $0.00 $2,834,714.49 Bond 2015A 56019 W&S Rev Bonds $443,312.00 $0.00 $(443,312.00) $0.00 $0,00 Series 2021 56020 W&S Rev Bonds $407,022.00 $0.00 $(407,022.00) $0.00 $0.00 Series 2022 56023 W&S Commercial $1.518,400.00 $(777,632.61) $2,698,901.65 $253,192.00 $3,692,861.04 Paper 39007 Specially Funded $5.852,657.94 $0.00 $0.00 $0.00 $5,852,657.94 Projects 596 pi�Water $14,404,708.40 $(7,750.00) $0.00 $0.00� $14,396.958.40 59607 Sewer Capital $7,769,673.12 $(608,873.21) $(31,608.79) $0.00 $7,129,191.12 Legacy $45,876,482.91E $77,082.56 $465,263.00I $253,192.00 $46,672,020.47 A portion of the water line in the amount of $206,792.00 of this Change Order is considered Trinity River Visions (TR1O-relocated work. The sanitary sewer $46,400.00 amount of this Change Order is considered (TRV)-relocated work, 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 water line amount of $206,792.00 and the sanitary sewer amount of $46,400.00 by Tarrant Regional Water District (TRWD) on an annual basis, in accordance with provisions of the executed Interlocal Agreement between the City and the TRWD (City Secretary Contract No. 43425 as amended). The TRV Program Manager in the FW Lab Department will be responsible for collecting the full reimbursement from TRWD at the end of each Fiscal Year. Business Equity — S.J. Louis Construction of Texas, LTD agrees to maintain its initial MMlBE commitment of 14 percent that it made on the original contract and extend and maintain that same MJWBE commitment of 14 percent to all prior change orders up to and inclusive of this Change Order No. 3. Therefore S.J. Louis Construction of Texas, LTD remains in compliance with the City's MANBE Ordinance and attests to its commitment by signature on the Acceptance of Previous MIWBE Commitment form executed by an authorized representative of its company. This project is located in COUNCIL DISTRICT 2. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are currently available in the 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 Trinity River Vision, Phase 1, project to support the approval of the above recommendations and execution of the change order. Prior to any expenditure being incurred, the Water Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office W. William Johnson 5806 OriginatingBusinessUnit Head:, Chris Harder 5020 Additional Information Contact: Liam Conlon 6824