HomeMy WebLinkAboutOrdinance 27298-11-2024Ordinance No. 27298-11-2024
AN ORDINANCE ADJUSTING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE WATER & SEWER REVENUE BONDS SERIES 2021
FUND, BY DECREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN
THE TRINITY RIVER VISIONS, PHASE 1 (CITY PROJECT NO. C00959) IN THE
AMOUNT OF $443,312.00 AND INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE UNSPECIFIED ALL -FUNDS PROJECT (CITY
PROJECT NO. UNSPEC) 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 the budget of the City of Fort Worth for Fiscal Year 2024-2025, as enacted by Ordinance 27107-09-
2024, as amended, is hereby further amended to make the following adjustments to estimated receipts and
appropriations in the Water & Sewer Revenue Bonds Series 2021 Fund, by decreasing estimated receipts and
appropriations in the Trinity River Visions, Phase I (City Project No. C00969) in the amount of $443,312.00
and increasing estimated receipts and appropriations in the Unspecified All -Funds project (City Project No.
UNSPEC) 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 27107-09-2024 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said prior ordinances and appropriations are hereby expressly repealed.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:
Douglas Black (Nov 25, 2024 22:28 CST)
Douglas W. Black
Senior Assistant City Attorney
ADOPTED AND EFFECTIVE: November 12, 2024
CITY SECRETARY
Jannette S. Goodall
City Secretary
;nnZ.� bN
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 11/12/24 M&C FILE NUMBER: M&C 24-1005
LOG NAME: 60WSSRFWCCS1P10001-CIRCLEC
SUBJECT
(CD 2) Authorize Execution of Change Order No. 1 in the Amount of $465,263.00 to the Contract with William J. Schultz, Inc. dba Circle C
Construction Company for the Fort Worth Central City Project Water & Sanitary Sewer Main Relocations for the Fort Worth Central City Project,
Section 1: Part 10 — Water & Sanitary Sewer Relocations - City Project Trinity River Vision Phase 1, 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 2025-2029 Capital Improvement Program
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of Change Order No. 1 in the amount of $465,263.00 to City Secretary Contract Number 59387 a contract with William J.
Schultz, Inc. dba Circle C Construction Company for the Fort Worth Central City Project Water & Sanitary Sewer Main Relocations for the Fort
Worth Central City Project, Section 1: Part 10 — Water & Sanitary Sewer Relocations - City Project Trinity River Vision Phase 1 for a revised
contract amount of $5,459,865.00;
2. Adopt the attached resolution expressing official intent to reimburse expenditures with proceeds from future debt andlor annual payments from
the Tarrant Regional Water District for the Fort Worth Central City Water & Sewer Relocations project;
3. Adopt the attached appropriation ordinance adjusting appropriations in the Water & Sewer Commercial Paper Fund by decreasing
appropriations in the Commercial Paper project (City Project No. UCMLPR) in the amount of $2,698,901.65 and increasing appropriations in
Trinity River Vision, Phase 1 project (City Project No. C00969) by the same amount;
4. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Sewer Capital Legacy Fund by decreasing
estimated receipts and appropriations in the Trinity River Vision, Phase 1 (City Project No. C00969) in the amount of $31,608.79, and
increasing estimated receipts and appropriations in the Unspecified All -Funds project (City Project No. UNSPEC) by the same amount for the
purpose of substituting funding sources and to make funds available for other eligible Water and Sewer projects;
5. Adopt the attached appropriation ordinance decreasing estimated receipts and appropriations in the Trinity River Vision, Phase 1 (City Project
No. C00969) within the Water & Sewer Capital Projects Fund, in the amount of $22,629.00, for the purpose of substituting of funding sources
and to make funds available for other eligible Water and Sewer projects;
6. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Water/Sewer Bond 2016 Fund, by
decreasing estimated receipts and appropriations in the Trinity River Vision, Phase 1 (City Project No. C00969) in the amount of $245,930.86,
and increasing estimated receipts and appropriations in the Unspecified All -Funds project (City Project No. UNSPEC) by the same amount for
the purpose of substituting funding sources to make funds available for other eligible Water and Sewer projects;
7. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Water & Sewer Bond 2015A Fund by
decreasing estimated receipts and appropriations in the Trinity River Vision, Phase 1 (City Project No. C00969) in the amount of
$1,083,136.00, and increasing estimated receipts and appropriations in the Unspecified All -Funds project (City Project No. UNSPEC) by the
same amount for the purpose of substituting funding sources and to matte debt proceeds available for other eligible Water and Sewer projects;
8. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Water & Sewer Revenue Bonds Series
2021 Fund by decreasing estimated receipts and appropriations in the Trinity River Visions, Phase 1 (City Project No. C00969) in the amount
of $443,312.00, and increasing estimated receipts and appropriations in the Unspecified All -Funds project (City Project No. UNSPEC) by the
same amount for the purpose of substituting funding sources to make debt proceeds available for other eligible Water and Sewer projects; and
9. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Water & Sewer Revenue Bonds Series
2022 Fund by decreasing estimated receipts and appropriations in the Trinity River Vision, Phase 1 (City Project No. C00969) in the amount of
$407,022.00, and increasing estimated receipts and appropriations in the Unspecified All -Funds project (City Project No. UNSPEC) by the
same amount for the purpose of substituting funding sources and to make debt proceeds available for other eligible Water and Sewer projects
and to effect a portion of Water's contribution to the Fiscal Years 2025-2029 Capital Improvement Program.
DISCUSSION:
On April 11th, 2023, by Mayor and Council Communication (M&C) 23-0239 the City Council authorized a construction contract with William J. Schultz,
Inc. dba Circle C Construction Company in the amount of $4,994,602.00 for Fort Worth Central City Project Water & Sanitary Sewer Main
Relocations for the Fort Worth Central City Project, Section 1: Part 10 — Water & Sanitary Sewer Relocations - City Project Trinity River Vision Phase
Change Order No. 1 in the amount of $465,263.00 (Water $55,575.00, Sewer $409,683.00) will provide pay items quantities for the following that are
necessary on the project: the installation of a 411 foot segment of a project sewer main by hand tunneling in lieu of open cut due to unstable soil
material that was encountered during construction on N. Main Street and NE 11 th Street; the reconstruction of a pavement segment with 8-inch
reinforced concrete base and 6-inch asphalt with 11-inch pulverization and 3-inch due to extremely poor condition of the existing pavement; the
removal and replacement of existing storm drain structures and curb and gutter that are in direct conflict in with the project sewer main and the
replacement of a segment of concrete pavement on Main Street that broke apart during sewer main installation. Staff concurs with the contractor's
request for an additional 260 calendar days on the project.
This M&C will fund the part of the contract that is being reimbursed by the Tarrant Regional Water District and decrease appropriations in various
Funds accordingly. The original contract amount is $4,994,602.00 and change order #1 is for $465,263.00 for a total revised amount of
$5,459.865.00. M&C 60Water FY2023 and FY2024 FWCC Reimbursement, in the 10/29/2024 Council Agenda, has reimbursed a total of
$1,587,899.35 for Sewer charges ($571,599.21 from Fund 59607 and $1,016,300.14 from Fund 56005). The City is responsible for $1,173,064.00
of the total Water costs. For a remaining reimbursable amount of $2,698,901.65, which is being appropriated in this M&C out of Commercial Paper.
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 bands 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 C I P plan throughout the Fiscal Year (FY), 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, as follows:
60WSSRFWCCSI P10001-CIRCLEC
Current Approp
60WATER FY2023
AND FY2024
FWCC REIMB
60WSSRFWCC
S7P70001-CIRCLEC
60SWM FWCC
GRAND AVE
CONSTRUCTION
CO2WATERSJL
Total Approp
56002 W&S Capital Projects
$ 2,457,887.00
$ 8,466,851.96
$ {22,629.00)
$ 10,902,109.96
56005 Water/Sewer Bond 2016
$ 6,855,400.00
$ (4,745,941.62)
$ (245,930.86)
$ 1,863,527.52
56007 Water & Sewer Bond 2015A
$ 6,167,422.45
$ (2,249,571.96)
$ (1,083,136.00)
$ 2,834,714.49
56019 W&S Rev Bonds Series 2027
$ 443,312.00
$ (443,312.00)
$ -
56020 W&S Rev Bonds Series 2022 11
56023 W&S Commercial Paper
$ 407,022.00
$ 1,518,400.00
$ (777,632.61)
$ (407,022.00)
$ 2,698i901.651
$ 253,192.00
$ -
$ 3,692,861.04
39007 Specially Funded Projects
$ 5,852,657.94
$ 5.852.657.94
59601 Water Capital
59607 Sewer Capital Legacy
$ 14,404,708.40
$ 7,769,673.12
$ (7,750 00)I
$ (608,873.21)
$ (31,608.79)
7F$
14,396,958.40
$ 7,129,191.12
$ 45,876,482.97
$ 77,082.5611
$ 465,261§1
$ 253,192.0011
$ 46,672,020. 77
Funding is budgeted in the Trinity River Vision, Phase 1 project within various Funds and in the Commercial Paper project with in the Water & Sewer
Commercial Paper Fund for the purpose of funding the Trinity River Vision, Phase 1.
Funding for Trinity River Visions, Phase i are depicted below
Budget
Budget
Budget Change
Change
Change
(Inc/Dec)
Capital
Project
FY2025 CIP
(Inc/Dec)
60SWM FWCC
Revised
Fund Name
Name
Appropriations
Authority
60WATER
60WSSRFWCC
60WSSRFWCC
GRAND AVE
FY2025
FY2023 AND
S1910001-
CONSTRUCTION CO2
Budget
FW2024
FWCC REIMB
CIRCLEC
WATERSJL
56002 -
C00969
Water &
Trinity
M&C 60WATER FY2023
Sewer
Capital
River
Vision,
$0.00
AND FY2024 FWCC REIMB
$8,466.851.96
$8,466,851.96
Projects
Phase
Recom #3
Fund
1
Ji
M&C 60
WSSRFWCCS1 P10001-
($22,629.00)
($22,629.00)
C40969
CIRCLE C
56005 --
—Trinity
M&C 60WATER FY2023
Water/Sewer
River
Vision,
$0.00
AND FY2024 FWCC RE[MB
($880,824.03)
($880,824.03)
Bond 2016
Recom #5
Phase
1
M&C 60WATER FY2023
$0.00
AND FY2024 FWCC REIMB
($3,865,117.59)
($3,865,117.59)
Recom #5
M&C 60
WSSRFWCCSI P10001-
($245,930.86)
($245,930,86)
CIRCLE C
C00969
56007 --
— Trinity
M&C 60WATER FY2023
Water &
River
$0,00
AND FY2024 FWCC REIMB
($2,249,571.96)
($2,249,571.96)
Sewer Bond
Vision,
Recom #6
2015A
Phase
J.
M&C 60
WSSRFWCCS1 P10001-
CIRCLE C
($1,083,136.00)
($1,083,136.00)
56019
M&C 60
W&S Rev
Bonds
WSSRFWCCS1 P10001-
($443,312.00)
($443,312.00)
Series 2021
CIRCLE C
56020-W&S
Rev Bonds
Series 2022
C00969
M&C 60
WSSRFWCCSI PI0001-
CIRCLE C
($407,022.00)
($407,022.00)
56023 --
—Trinity
River
M&C 60WATER FY2023
Commercial
Vision,
$0.00
AND FY2024 FWCC REIMB
($777,632.61)
($777,632.61)
Paper
Phase
Recom #4
1
M&C 60
WSSRFWCCSI P10001-
$2,698,901.65
$2,698,901.65
CIRCLE C
60SWM FWCC GRAND AVE
CONSTRUCTIONCO2WATER-
$253,192.00
$253,192.00
SJL
C00969
59601 —
—Trinity
River
M&C 60WATER FY2023
Water
Vision,
$0.00
AND FY2024 FWCC REIMB
($7,750.00)
($7,750.00)
Capital
Phase
Recom 47
1
59607 —
Sewer
C00969
Trinity
River
M&C 60WATER FY2023
Capital
Vision,
$0.00
AND FY2024 FWCC REIMB
($37,274.00)
($37,274.00)
Legacy
Phase
1
Recom #8
M&C 60WATER FY2023
AND FY2024 FWCC REIMB
($571,599.21)
($571,599.21)
Recom #8
M&C 60
WSSRFWCCSI P10001-
($31,608.79)
($31,608.79)
CIRCLE C
�0
$77,082.5611
$465,263.0011
$253,192.0011
$795,537.56
A portion of the water line in the amount of $55,575,00 of this Change Order is considered Trinity River Vision (TRV)-relocated work. The sanitary
sewer $409,688.00 amount of this Change Order is considered (TRV)-related 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 $81,175.00 and the sanitary sewer amount of $4,205,626.00 by Tarrant Regional Water District (TRWD) on an annual basis, in
accordance with provisions of the executed Interiocal 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
"Numbers rounded for presentation purposes.
Business Equity --William J. Schultz, Inc. dba Circle C Construction Company, has agreed/committed to maintain its initial Business Equity
participation commitment of 12.13 percent that was made on the original agreement. William J. Schultz, Inc. dba Circle C Construction Company, has
also agreed to commit to all prior change orderls up to and inclusive of this Change Order No. Therefore, William J. Schultz, Inc. dba Circle C
Construction Company, remains in compliance with the City's Business Equity Ordinance and attests to its commitment by its signature on the
Acceptance of Previous MA BE Commitment form executed by an authorized representative of its company.
This project is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION I CERTIFICATION:
The Director of Finance certifies that funds are available in the Commercial Paper project within the W&S Commercial Paper Fund and in the Trinity
River Vision, Phase 1 project within W&S Capital Projects, Water/Sewer Bond 2016, Water & Sewer Bond 2015A, W&S Rev Bonds Series 2021,
W&S Rev Bonds Series 2022 and Sewer Capital Legacy Funds, 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, for the Trinity River Vision, Phase 1 project to support the
above recommendations and execution of the change order. Prior to any expenditures being incurred, the Water Department has the responsibility of
verifying the availability of funds.
Submitted for City Manager's Office by: William Johnson 5806
Originating Business Unit Head: Chris Harder 5020
Additional Information Contact: Liam Conlon 6824