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HomeMy WebLinkAbout26-28712 - City Council - OrdinanceORDINANCE 26-28712 AN ORDINANCE ADJUSTING APPROPRIATIONS IN THE WATER AND SEWER COMMERCIAL PAPER FUND BY INCREASING APPROPRIATIONS IN THE MARY'S CREEK WATER RECLAMATION FACILITY PROJECT (CITY PROJECT NO. C01239) IN THE AMOUNT OF $194,971,358.00 AND DECREASING APPROPRIATIONS IN THE WATER & SEWER 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS THAT: SECTION 1. The budget of the City of Fort Worth for Fiscal Year 2025-2026, as enacted by Ordinance 27979- 09-2025, as amended, is hereby further amended adjusting appropriations in the Water and Sewer Commercial Paper Fund by increasing appropriations in the Mary's Creek Water Reclamation Facility project (City Project No. C01239) in the amount of $194,971,358.00 and decreasing appropriations in the Water & Sewer Commercial Paper project (City Project No. UCMLPR) by the same amount. SECTION 2. 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. This ordinance shall be cumulative of Ordinance No. 27979-09-2025 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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 (Sep 3, 2026 10:47:27 CDT) Stephen M. Hines Sr. Assistant City Attorney ADOPTED: August 25.2026 EFFECTIVE: August 25.2026 Jannette S. Goodall City Secretary Ordinance No. 26-28712 Page 1 of 1 A 1 -ir II I-:' �-I m h yp�o j 1 D 1 itls r' y a .I W � zl! FORT WORTH. MAYOR AND COUNCIL COMMUNICATION 7.1.8 WEBBER WATERWORKS, LLC CONSTRUCTION CONTRACT FOR MARY'S CREEK WATER RECLAMATION FACILITY DATE: 08/25/26 M&C FILE NUMBER: M&C 26-0822 DEPARTMENT: WATER SUBJECT (CD 3 and ETJ) Authorize Execution of a Contract with Webber Waterworks, LLC in the Amount of $537,982,128.13 for the Mary's Creek Water Reclamation Facility 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 2026- 2030 Capital Improvement Program RECOMMENDATION It is recommended that the City Council: 1. Authorize execution of a contract with Webber Waterworks, LLC in the amount of $537,982,128.13 for the Mary's Creek Water Reclamation Facility project; 2. Adopt the attached resolution expressing official intent to reimburse expenditures with proceeds from future debt for the Mary's Creek Water Reclamation Facility Project; and 3. Adopt the attached appropriation ordinance adjusting appropriations in the Water and Sewer Commercial Paper Fund by increasing appropriations in the Mary's Creek Water Reclamation Facility project (City Project No. C01239) in the amount of $194,971,358.00 and decreasing appropriations in the Water & Sewer Commercial Paper project (City Project No. UCMLPR) by the same amount, to effect a portion of Water's contribution to the Fiscal Years 2026-2030 Capital Improvement Program. DISCUSSION The purpose of this Mayor and Council Communication (M&C) is to authorize execution of a contract with Webber Waterworks, LLC in the amount of $537,982,128.13 for the construction of the Mary's Creek Water Reclamation Facility (MCWRF). MCWRF is a 10 million gallon per day (MGD) membrane bioreactor plant that will treat wastewater generated in the fast-growing west Fort Worth area to an extremely high level prior to discharge into Mary's Creek. Additionally, the new plant will provide reclaimed water to customers in west Fort Worth and supplement the water supply through a collaborative project with the Tarrant Regional Water District (TRWD) that will allow discharged MCWRF water to be conveyed to Eagle Mountain Lake. 1 of 4 FORT WORTH. Construction of the project was advertised for bid on April 29 and May 6, 2026 in the Fort Worth Star -Telegram. On July 9, 2026 the following proposals were received. The proposals were evaluated based on pre -established criteria specified in the solicitation. Bidder Webber Waterworks, LLC Thalle Construction Co, Inc Bid Amount $ 537,982,128.13 $ 576,527,017.43 Walsh Group $607,890,518.00 Cost Evaluation (70 points) 70.0 65.3 61.9 Experience with Similar Projects (10 points) 8.2 6.5 8.7 Project Approach and Schedule (20 points) : 16.3 17.4 Total 96.7 Webber Waterworks, LLC, submitted the highest-ranking proposal based upon the identified pre -established criteria. In addition to the contract cost, $2,013,995.00 is required for project management and inspection and $1,613,946.00 is provided for project contingency. 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 Capital Improvement Program (CIP) 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. 2 of 4 FORT WORTH„ Funding is budgeted in the Commercial Paper Project within the W&S Commercial Paper Fund and in the Mary's Creek Reclamation Facility project within the W&S WIFIA Revenue Bond Fund for the purpose of funding the Mary's Creek Water Reclamation Facility. Funding for the Mary's Creek Water Reclamation Facility project is depicted below: Existing Additional Fund Appropriations Appropriations Project Total* Sewer Capital $6,691,576.09 $0.00 $6,691,576.09 Legacy - Fund 59607 Water & Sewer Bond $857,415.00 $0.00 $857,415.00 2017A - Fund 56011 W&S Rev Bonds $2,143,498.00 $0.00 $2,143,498.00 Series 2023 - Fund 56021 W&S Rev Bonds $20,473,700.00 $0.00 $20,473,700.00 Series 2024 - Fund 56022 W&S WIFIA Revenue $346,638,712.57 $0.00 $346,638,712.57 Bond - Fund 56027 W&S Rev Bond 2026B $1,870,060.00 $0.00 $1,870,060.00 - Fund 56026 W&S Commercial $0.00 $194,971,358.00 $194,971,358.00 Paper - Fund 56032 Project Total $378,674,961.66 $194,971,358.00 $573,646,319.66 Small Business Enterprise: A Small Business goal is not assigned to this contract because a waiver has been approved by the department's Assistant City Manager in accordance with the City's Small Business Ordinance. The project is located in COUNCIL DISTRICT 3 and Extraterritorial Jurisdiction (ETJ). This contract requires a Form 1295. 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 in the W&S WIFIA Revenue Bond Fund, as previously appropriated, 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 and the W&S WIFIA Revenue Bond Fund for the Mary's Creek Water Reclamation Facility 3 of 4 FORT WORTH„ project to support the execution of the contract. Prior to any expense being incurred, the Water Department has the responsibility to validate the availability of funds. SUBMITTED FOR CITY MANAGER'S OFFICE BY: ORIGINATING BUSINESS UNIT HEAD: ADDITIONAL INFORMATION CONTACT: ATTACHMENTS Jesica L. McEachern, # 5804 Chris Harder, #5026 Suzy Abbe, #8209 1. Map - Mary's Creek Water Reclamation Facility [7.1.8.1 - 1 page] 2. Resolution (R2) - Mary s Creek Water Reclamation Facility [7.1.8.2 - 1 page] 3. Ordinance Appropriation (R3) - Mary's Creek Water Reclamation Facility [7.1.8.4 - 2 pages] 4 of 4