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HomeMy WebLinkAboutOrdinance 27286-11-2024Ordinance No. 27286-11-2024 AN ORDINANCE ADJUSTING APPROPRIATIONS IN THE WATER AND SEWER COMMERCIAL PAPER FUND BY DECREASING APPROPRIATIONS IN THE W&S COMMERCIAL PAPER PROJECT (CITY PROJECT NO. UCMLPR) IN THE AMOUNT OF $253,192.00 AND INCREASING APPROPRIATIONS IN THE TRINITY RIVER VISION PHASE 1 PROJECT (CITY PROJECT NO. C00969) 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 appropriations in the Water and Sewer Commercial Paper Fund by decreasing appropriations in the W&S Commercial Paper project (City Project No. UCMLPR) in the amount of $253,192.00 and increasing appropriations in the Trinity River Vision Phase I project (City Project No. C00969) 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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. A PPROVED AS TO FORM AND LEGALITY: Oouglas Blvk(No-:_ ?.d 22:15 CST) Douglas W. Black Senior Assistant City Attorney ADOPTED AND EFFECTIVE: November 12, 2024 CITY SECRETARY Jannette S. Goodall City Secretary o�°00000" �a per°° oo=�-4 5o o �aaa nEXA?bb4 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 GONSTRUCTIONC03WATER-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 contractwith 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 2025-2029 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 150 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 12-inch project sewer main across an AT&T Manhole. 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 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 Change Budget Change (Inc/Dec) Capital Project FY2025 CIP Authority 64WA(Inc/Dec) TER (Inc/Dec) 60SWM FWCC GRAND AVE Revised FYz023 Fund Name Name Appropriations F60WAY2023 AND 60WSSRFWCC CONSTRUCTIONCO2WATER- Budget FW20 S1910001- SJL FWCC REIMB CIRCLE C 56002 - C00969 Water & _ Trinity M&C 60WATER FY2023 Sewer Capital River Vision, $0.00 AND FY2024 FWCC REIMB $8,466,851.96 $0,00 $0.00 $8,466,851.96 Projects Phase Recom #l3 Fund 1 M&C 60 $0.00 WSSRFWCCS1P10001- $0.00 ($22,629.00) $0.00 ($22,629.00) CIRCLE C C00969 56005 - -Trinity M&C 60WATER FY2023 Water/Sewer Rnrer Vision, $0.00 AND FY2024 FWCC REIMB ($880,824.03) $0.00 $0.00 ($880,824.03) Bond 2016 Recom #5 Phase 1 IL 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 M&C 60WATER FY2023 Water& River $0.00 AND FY2024 FWCC REIMB ($2,249,571.96) $0.00 $0.00 ($2,249,571.96) Sewer Bond Vision, Recom 46 2015A Phase 1 M&C 60 $0,00 WSSRFWCCSIP1DC01- $0.00 ($1,083,136.00) $0.00 ($1,083,136.00) `CIRCLE C 56019 - M&C 60 W&S Rev $0.00 SSRFWCCS1 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 56023 - - TrinityM&C 60WATER FY2023 Commercial River $0,00 AND FY2024 FWCC REIMB ($777,632.61) $0.00 $0.00 ($777,632.61) Paper Vision, Reco m #4 Phase 1 M&C 60 $0.00 WSSRFWCCSI P10001- $0.00 $2,698,901.65 $0.00 $2,698,901.65 CIRCLE C 60SWM FWCC. GRAND AVE $0.00 CONSTRUCTIONCO2WATER- 1SJL $0.00 $0.00 $253,192.00 $253,192.00 C00969 59601 -- -Trinity Rarer M&C 60WATER FY2023 Water $0,0D AND FY2024 FWCC REIMB ($7,750.00) $0.00 $0.00 ($7,750.00) Capital Vision, Recom #7 Phase 1 C00969 _ 59607 - -Trinity M&C 60WATER FY2023 Sewer Capital River Vision, $0.00 AND FY2024 FWCC REIMB ($37,274.00) $0.00 $0.00 ($37,274.04) 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) Reoom #8 M&C 60 $0.00 WSSRFWCCS1P10001- $0.00 ($31,608.79) $0.00 ($31,608.79) CIRCLE C 0177:= $77,082.561 $465,263.0011 $253,192.00 $795,537.56 Funding for the Trinity River Vision, Phase 1 project is depicted below: 60WATER 60SWM FWCC Current FY2023 60WS5RFWCC GRAND AVE Funding AND FY2024 S1P10001- CONSTRUCTION Total Funding FWCC REIMB CIRCLEC CO2WATERSJL 56002 W&S Capital $2,457,887.00 $8,466,851.96 $(22,629.00) $0.00 $10,902,109.96 Projects 56005 Water/Sewer $6,856,400.00 $(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 59601 Water $14,404,708.40 $(7,750.00) $0.00 $0.00 $14,396,958.40 Capital 59607 Sewer Capital $7,769,673.12 $(608,873.21) $(31,608.79) $0.00 $7,129,191.12 Legacy $45,876,482.91 $77,082.56 $465,263.00 $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 (TRV)-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 fine 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 MMIBE commitment of 14 percent that it made on the original contract and extend and maintain that same MIWBE 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 MMBE 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 I CERIIFICATiQN: 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. Priar to any expenditure being incurred, the Water Department has the responsibility to validate the availability of funds. SubmItWd for City anagees Office b . William Johnson 5806 Origina in4_Business_Unit Head: Chris Harder 5020 Additionailnformation Contact: Liam Conlon 6824