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HomeMy WebLinkAboutContract 57779 Received Date: Jul 6, 2022 Received Time: 10:31 am Developer and Project Information Cover Sheet: Developer Company Name: HT Hwy 114 Land 2,LP Address, State,Zip Code: 2200 Ross Ave., Suite 420OW Dallas,Texas 75201 Phone &Email: (972)716-2914,Robert.Wittekhines.com Authorized Signatory,Title: Robert Witte, Senior Managing Director Project Name: Tradition—East Offsite Sewer Line Brief Description: Sewer Project Location: Hwy 114,West of 156 and South of Sam Reynolds Rd. Plat Case Number: PP-19-008 Plat Name: Tradition Mapsco: Council District: 7 CFA Number: CFA22-0049 City Project Number: 103493 IPRC21-0083 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth,Texas Standard Community Facilities Agreement with City Participation Rev.4/2/20 City Secretary Number: 57779 STANDARD COMMUNITY FACILITIES AGREEMENT WITH CITY PARTICIPATION This COMMUNITY FACILITIES AGREEMENT("Agreement")is made and entered into by and between the City of Fort Worth ("City"), a home-rule municipal corporation of the State of Texas, acting by and through its duly authorized Assistant City Manager, and HT Hwy 114 Land 2 LP ("Developer"),acting by and through its duly authorized representative. City and Developer are referred to herein individually as a"parry"and collectively as the"parties." WHEREAS, Developer is constructing private improvements or subdividing land within the corporate limits of Fort Worth, Texas or its extraterritorial jurisdiction, for a project known as Tradition East—Offsite Sewer("Project");and WHEREAS, the City desires to ensure that all developments are adequately served by public infrastructure and that the public infrastructure is constructed according to City standards; and WHEREAS, as a condition of approval of the Project, Developer is required to bear a portion of the costs of municipal infrastructure by constructing the public infrastructure necessary for the Project as described in this Agreement("Community Facilities"or"Improvements");and WHEREAS,as a condition of approval of the Project,Developer is required to meet the additional obligations contained in this Agreement,and Developer may be required to make dedications of land,pay fees or construction costs,or meet other obligations that are not a part of this Agreement; and WHEREAS, the City desires to participate in this Agreement in an amount not to exceed $5,651,804.10 to enlarge the scope of the Improvements beyond what Developer is responsible for constructing by oversizing the sewer main as authorized by City Council through approval of M&C 22- 0357 on May 10,2022("City Participation");and WHEREAS,the City Participation includes reimbursement to Developer in amounts not to exceed $5,427,730.00 for construction costs,$90,905.99 for land acquisition,$108,554.60 for material testing cost and $619.20 for IPRC engineering plan review fees. The remaining City Participation in the total amount of$23,994.32 will not be paid to Developer,but will be cover the City's portion of construction inspection service fees and administrative material testing service fees; and WHEREAS, the Developer and the City desire to enter into this Agreement in connection with the collective Improvements for the Project; NOW,THEREFORE,for and in consideration of the covenants and conditions contained herein, the City and the Developer do hereby agree as follows: 1. CFA Ordinance City of Fort Worth,Texas Page 2 of 20 Standard Community Facilities Agreement with City Participation Rev.4/2/20 The Community Facilities Agreements Ordinance("CFA Ordinance"),as amended,is incorporated into this Agreement by reference, as if it was fully set forth herein. Developer agrees to comply with all provisions of the CFA Ordinance in the performance of Developer's duties and obligations pursuant to this Agreement and to cause all contractors hired by Developer to comply with the CFA Ordinance in connection with the work performed by the contractors. If a conflict exist between the terms and conditions of this Agreement and the CFA Ordinance,the CFA Ordinance shall control. 2. Incorporation of Engineering Plans The engineering plans for the Improvements that have been approved by the City ("Engineering Plans")are incorporated into this Agreement by reference as if fully set out herein. Developer shall provide at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to construct the Improvements required by this Agreement. 3. Description of Improvements; Exhibits and Attachments The following exhibits describe the general location, nature and extent of the Improvements that are the subject of this Agreement and are attached hereto and incorporated herein by reference: ❑ Exhibit A: Water ❑X Exhibit A-1: Sewer ❑ Exhibit B: Paving ❑ Exhibit B-1: Storm Drain ❑ Exhibit C: Street Lights & Signs The Location Map and Cost Estimates are also attached hereto and incorporated herein by reference. To the extent that Exhibits A, A-1, B, B-1, C, the Location Map, or the Cost Estimates conflict with the Engineering Plans, the Engineering Plans shall control. If applicable,Attachment 1 — Changes to Standard Community Facilities Agreement, Attachment 2 — Phased CFA Provisions, Attachment 3 — Concurrent CFA Provisions, and Attachment 4 — Basins, are attached hereto and incorporated herein for all purposes. 4. Construction of Improvements Developer agrees to cause the construction of the Improvements contemplated by this Agreement and that said construction shall be completed in a good and workmanlike manner and in accordance with all City standards and specifications, the Engineering Plans, the Cost Estimates provided for the Improvements,and this Agreement. Developer acknowledges that City will not accept the Improvements until the City receives affidavits and lien releases signed by Developer's contractors verifying that the contractors, and all subcontractors and material suppliers, have been paid in full for constructing the Improvements, and consent of the surety on payment and performance bonds provided for the Improvements. 5. Financial Guarantee City of Fort Worth,Texas Page 3 of 20 Standard Community Facilities Agreement with City Participation Rev.4/2/20 Developer has provided the City with a financial guarantee in the form and amounts set forth in this Agreement which guarantees the construction of the Improvements and payment by Developer of all contractors, subcontractors, and material suppliers for the Improvements ("Financial Guarantee"). Developer shall keep the Financial Guarantee in full force and effect until released by the City and shall not reduce the amount of the Financial Guarantee unless authorized by the City in accordance with the CFA Ordinance. 6. Completion Deadline; Extension Periods This Agreement shall be effective on the date this Agreement is executed by the City's Assistant City Manager ("Effective Date"). Developer shall complete construction of the Improvements and obtain the City's acceptance of the Improvements within two (2)years of the Effective Date ("Term"). If construction of the Improvements has started during the Term, the Developer may request that this Agreement be extended for an additional period of time ("Extension Period"). All Extension Periods shall be agreed to in writing by the City and the Developer as set forth in a written amendment to this Agreement. In no event shall the Term of this Agreement plus any Extension Periods be for more than three years. 7. Failure to Construct the Improvements (a) The City may utilize the Developer's Financial Guarantee to cause the completion of the construction of the Improvements if at the end of the Term, and any Extension Periods, the Improvements have not been completed and accepted by the City. If the Improvements are not completed at the end of the Term, and any Extension Periods, there will be no further obligation for City Participation to be paid to the Developer. (b) The City may utilize the Developer's Financial Guarantee to cause the completion of the construction of the Improvements or to cause the payment of costs for construction of the Improvements before the expiration of the Term, and any Extension Period, if the Developer breaches this Agreement,becomes insolvent,or fails to pay costs of construction. (c) If the Financial Guarantee is a Completion Agreement and the Developer's contractors or suppliers are not paid for construction costs or materials supplied for the Improvements the contractors and suppliers may place a lien upon any property which the City does not have an ownership interest that is the subject of the Completion Agreement. (d) Nothing contained herein is intended to limit the Developer's obligations under the CFA Ordinance, this Agreement, the Financial Guarantee, Developer's agreements with Developer's contractors,or other related agreements. 8. Termination If Developer desires to terminate this Agreement before Developer's contractors begin constructing the Improvements, Developer agrees to the following: (a) that Developer and City must execute a termination of this Agreement in writing; City of Fort Worth,Texas Page 4 of 20 Standard Community Facilities Agreement with City Participation Rev.4/2/20 (b) that Developer will vacate any final plats that have been filed with the county where the Project is located; and (c) to pay to the City all costs incurred by the City in connection with this Agreement, including time spent by the City's inspectors at preconstruction meetings. 9. Award of Construction Contracts (a) Developer will award all contracts for the construction of the Improvements and cause the Improvements to be constructed in accordance with the CFA Ordinance. (b) Developer will employ construction contractors who meet the requirements of the City to construct the Improvements including,but not limited,to being prequalified,insured,licensed and bonded to construct the Improvements in the City. (c) Developer will require Developer's contractors to provide the City with payment and performance bonds naming the City and the Developer as dual obligees, in the amount of one hundred percent (100%) of the cost of the Improvements as required by the CFA Ordinance. The payment and performance bonds shall guarantee construction of the Improvements and payment of all subcontractors and material suppliers. Developer agrees to require Developer's contractors to provide the City with a maintenance bond naming the City as an obligee, in the amount of one hundred percent(100%) of the cost of the Improvements, that guarantees correction of defects in materials and workmanship for the Improvements by the contractor and surety for a period of two (2)years after completion and final acceptance of the Improvements by the City. All bonds must be provided to the City before construction begins and must meet the requirements of the City's Standard Conditions,Chapter 2253 of the Texas Government Code,and the Texas Insurance Code. (d) Developer will require Developer's contractors to provide the City with insurance equal to or in excess of the amounts required by the City's standard specifications and contract documents for developer-awarded infrastructure construction contracts. The City must be named as an additional insured on all insurance policies. The Developer must provide the City with a Certificate of Insurance (ACORD or form approved by the State of Texas), supplied by each contractor's insurance provider,which shall be made a part of the Project Manual. (e) Developer will require the Developer's contractors to give forty-eight(48)hours' advance notice of their intent to commence construction of the Improvements to the City's Construction Services Division so that City inspection personnel will be available. Developer will require Developer's contractors to allow construction of the Improvements to be subject to inspection at any and all times by the City's inspectors. Developer will require Developer's contractors to not install or relocate any sanitary sewer, storm drain,or water pipe unless a City inspector is present and gives consent to proceed, and to allow such laboratory tests as may be required by the City. (f) Developer will not allow Developer's contractors to begin construction of the Improvements until a notice to proceed to construction is issued by the City. (g) Developer will not allow Developer's contractors to connect buildings to service lines of sewer and water mains constructed pursuant to this Agreement, if any, until said sewer, water mains and service lines have been completed to the satisfaction of the City. City of Fort Worth,Texas Page 5 of 20 Standard Community Facilities Agreement with City Participation Rev.4/2/20 (h) Developer shall ensure the contractors are paid the City's wage rates in effect during construction of the Improvements. 10. Utilities Developer shall cause the installation or adjustment of utilities required to: (1) serve the Project; and(2)to construct the Improvements required herein. The cost of relocating any utilities that are or may be in conflict with any of the Improvements to be constructed pursuant to this Agreement will be shared by the parties with the City paying 74.2%of the cost and the Developer paying 25.8%of the cost. II. Easements and Rights-of-Way Developer agrees to provide,at its expense,all necessary rights-of-way and easements required for the construction and dedication to the City of the Improvements provided for by this Agreement. 12. Liability and Indemnification (a) DEVELOPER HEREBY RELEASES AND AGREES TO INDEMNIFY, DEFEND AND HOLD THE CITY HARMLESS FOR ANY INADEQUACIES IN THE PRELIMINARY PLANS, SPECIFICATIONS, ENGINEERING PLANS, AND COST ESTIMATES SUPPLIED BY THE DEVELOPER FOR THIS AGREEMENT. (b) THE DEVELOPER COVENANTS AND AGREES TO,AND BY THESE PRESENTS DOES HEREBY FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS,AGENTS AND EMPLOYEES FROM ALL SUITS,ACTIONS OR CLAIMS OF ANY CHARACTER, WHETHER REAL OR ASSERTED,BROUGHT FOR OR ONACCOUNT OFANYINJURIES OR DAMAGES SUSTAINED B YANY PERSONS,INCL UDING DEATH, OR TO ANY PROPERTY, RESULTING FROM OR IN CONNECTION WITH THE CONSTRUCTION,DESIGN, PERFORMANCE OR COMPLETION OF ANY WORK TO BE PERFORMED BY SAID DEVELOPER, ITS CONTRACTORS, SUBCONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, OR IN CONSEQUENCE OF ANY FAILURE TO PROPERL Y SAFEGUARD THE WORK, OR ONACCOUNT OF ANY ACT,INTENTIONAL OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID DEVELOPER, ITS CONTRACTORS, SUB-CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, WHETHER OR NOT SUCHINJURIES,DEATH OR DAMAGESARE CAUSED,IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS,SERVANTS, OR EMPLOYEES. (c) DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, SUITS OR CAUSES OF ACTION OF ANY NATURE WHATSOEVER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ON ACCOUNT OF ANY INJURIES OR DAMAGES TO PERSONS OR PROPERTY, INCLUDING DEATH,RESULTING FROM, OR INANY WAY CONNECTED WITH, THE CONSTRUCTION OF THE IMPROVEMENTS CONTEMPLATED HEREIN, WHETHER OR NOT SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS City of Fort Worth,Texas Page 6 of 20 Standard Community Facilities Agreement with City Participation Rev.4/2/20 OFFICERS, SERVANTS, OR EMPLOYEES. FURTHER, DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES SUFFERED BY THE CITY OR CAUSED AS A RESULT OF SAID CONTRACTORS' FAILURE TO COMPLETE THE WORK AND CONSTRUCT THE IMPROVEMENTS IN A GOOD AND WORKMANLIKE MANNER, FREE FROM DEFECTS,IN CONFORMANCE WITH THE CFA ORDINANCE, AND INACCORDANCE WITH ALL PLANS AND SPECIFICATIONS. 13. Right to Enforce Contracts Upon completion of all work associated with the construction of the Improvements,Developer will assign to the City a non-exclusive right to enforce the contracts entered into by Developer with its contractors,along with an assignment of all warranties given by the contractors,whether express or implied. Further,Developer agrees that all contracts with any contractor shall include provisions granting to the City the right to enforce such contracts as an express intended third-party beneficiary of such contracts. 14. Estimated Fees Paid by Developer; Reconciliation Prior to execution of this Agreement, Developer has paid to the City the Developer's share of the estimated cost of administrative material testing service fees,construction inspection service fees,and water testing lab fees in the amounts set forth in the Cost Summary section of this Agreement. Upon completion of the construction of the Improvements, the City will reconcile the actual cost of administrative material testing service fees,construction inspection service fees,and water testing lab fees with the estimated fees paid by Developer. If the actual costs of the fees are more than the estimated payments made by the Developer,the Developer must pay the difference to the City before the Improvements will be accepted by the City. If the actual costs of the fees are less than the estimated payments made by the Developer,the City will refund the difference to the Developer.If the difference between the actual costs and the estimated payments made by the Developer is less than fifty dollars($50.00),the City will not issue a refund and the Developer will not be responsible for paying the difference. The financial guarantee will not be released by the City or returned to the Developer until reconciliation has been completed by the City and any fees owed to the City have been paid by the Developer. 15. Material Testing The City maintains a list of pre-approved material testing laboratories. The Developer must contract with material testing laboratories on the City's list. Material testing laboratories will provide copies of all test results directly to the City and the Developer. If the Improvements being constructed fail a test, the Developer must correct or replace the Improvements until the Improvements pass all retests. The Developer must pay the material testing laboratories directly for all material testing and retesting. The City will obtain proof from the material testing laboratories that the material testing laboratories have been paid in full by the Developer before the City will accept the Improvements. 16. Notices All notices required or permitted under this Agreement may be given to a party by hand- delivery or by mail, addressed to such party at the address stated below. Any notice so given shall be City of Fort Worth,Texas Page 7 of 20 Standard Community Facilities Agreement with City Participation Rev.4/2/20 deemed to have been received when deposited in the United States mail so addressed with postage prepaid: CITY: DEVELOPER: Development Coordination Office HT Hwy 114 Land 2,LP City of Fort Worth 2200 Ross Ave., Suite 420OW 200 Texas Street Dallas, Texas 75201 Fort Worth, Texas 76102 With copies to: City Attorney's Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 and City Manager's Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 Or to such other address one parry may hereafter designate by notice in writing addressed and mailed or delivered to the other party hereto. 17. Right to Audit Developer agrees that, until the expiration of three (3) years after acceptance by the City of the Improvements constructed pursuant to this Agreement, that the City shall have access to and the right to examine any directly pertinent books, documents, papers and records of the Developer involving transactions relating to this Agreement. Developer agrees that the City shall have access during normal working hours to all necessary Developer facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Developer reasonable advance notice of intended audits. Developer further agrees to include in all contracts with Developer's contractors for the Improvements a provision to the effect that the contractor agrees that the City shall,until the expiration of three (3)years after final payment under the contract,have access to and the right to examine any directly pertinent books, documents,papers and records of such contractor, involving transactions to the contract, and further,that City shall have access during normal working hours to all of the contractor's facilities,and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Developer's contractors reasonable advance notice of intended audits. City of Fort Worth,Texas Page 8 of 20 Standard Community Facilities Agreement with City Participation Rev.4/2/20 18. Independent Contractor It is expressly understood and agreed that Developer and its employees, representative, agents, servants,officers,contractors,subcontractors,and volunteers shall operate as independent contractors as to all rights and privileges and work performed under this Agreement, and not as agents, representatives or employees of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Developer shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer acknowledges that the doctrine of respondeat superior shall not apply as between the City and its officers, representatives, agents, servants and employees, and Developer and its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Developer. It is further understood that the City shall in no way be considered a co-employer or a joint employer of Developer or any employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers of Developer. Neither Developer,nor any officers,agents, servants,employees or subcontractors of Developer shall be entitled to any employment benefits from the City. Developer shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of employees, representatives, agents, servants,officers,contractors, subcontractors,and volunteers. The City,through its authorized representatives and employees, shall have the sole and exclusive right to exercise jurisdiction and control over City employees. 19. Applicable Law; Venue This Agreement shall be construed under and in accordance with Texas law. Venue shall be in the state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas,Fort Worth Division. 20. Non-Waiver The failure of the City to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely on any such term or right on any future occasion. 21. Governmental Powers and Immunities. It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities. 22. Headings The paragraph headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. City of Fort Worth,Texas Page 9 of 20 Standard Community Facilities Agreement with City Participation Rev.4/2/20 23. Severability In the event that any clause or provision of this Agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not affect any of the remaining provisions hereof. 24. Review of Counsel City and Developer, and if they so choose,their attorneys, have had the opportunity to review and comment on this document;therefore any rule of contract construction or interpretation that would normally call for the document to be interpreted as against the drafting party shall not apply in interpretation of this Agreement, and each section, portion, and provision of this Agreement shall be construed solely on the basis of the language contained therein, regardless of who authored such language. 25. Prohibition on Boycotting Israel Developer acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company with 10 or more full-time employees that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City for goods or services unless the contract contains a written verification from the company that it: (1)does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" have the meaning ascribed to those terms by Chapter 22271 of the Texas Government Code. To the extent that Chapter 2271 of the Government Code is applicable to this Agreement,by signing this Agreement,Developer certifies that Developer's signature provides written verification to the City that Developer: (1)does not boycott Israel; and(2)will not boycott Israel during the term of this Agreement. 26. Prohibition on Boycotting Energy Companies Developer acknowledges that in accordance with Chapter 2274 of the Texas Government Code,as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2,the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 27. Prohibition on Discrimination Against Firearm and Ammunition Industries City of Fort Worth,Texas Page 10 of 20 Standard Community Facilities Agreement with City Participation Rev.4/2/20 Developer acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code,as added by Acts 2021,87th Leg.,R.S.,S.B. 19, § 1,the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice,policy, guidance, or directive that discriminates against a firearm entity or firearm trade association;and(2)will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code,as added by Acts 2021, 87th Leg.,R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not have a practice,policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 28. Compliance with Public Information Act Requests The requirements of Subchapter J, Chapter 552, Government Code, may apply to this Agreement and Developer agrees that the Agreement can be terminated if Developer knowingly or intentionally fails to comply with a requirement of that subchapter. Developer acknowledges that section 552.371 of the Texas Government Code applies to this Agreement if:(1)this Agreement has a stated expenditure of at least $1 million in public funds for the purchase of good or services by the City; or(2) this Agreement results in the expenditure of at least$1 million in public funds for the purchase of goods or services by the City in a fiscal year of the City. To the extent that section 552.371 of the Texas Government Code applies to this Agreement, Developer shall comply with section 552.372 of the Texas Government Code by: (1) preserving all contracting information relating to this Agreement as provided by the records retention requirements applicable to the City for the duration of the Agreement;(2)promptly providing the City any contracting information related to this Agreement that is in the custody or possession of Developer on request of the City; and(3) on completion of the Agreement, either(a)providing at no cost to the City all contracting information related to the Agreement that is in the custody or possession of Developer; or (b) preserving the contracting information relating to the Agreement as provided by the retention requirements application to the City. 29. Immigration and Nationality Act Developer shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Developer shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Developer shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Developer employee who is not legally eligible to perform such services.DEVELOPER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY DEVELOPER, DEVELOPER'SEMPLOYEES,SUBCONTRACTORS,AGENTS,OR LICENSEES. City,upon written notice to Developer, shall have the right to immediately terminate this Agreement for violations of this provision by Developer. 30. City of Fort Worth,Texas Page 11 of 20 Standard Community Facilities Agreement with City Participation Rev.4/2/20 Amendment No amendment,modification, or alteration of the terms of this Agreement shall be binding unless the same is in writing,dated subsequent to the date hereof, and duly executed by the City and Developer. 31. Assignment and Successors Developer shall not assign or subcontract all or any part of its rights,privileges,or duties under this Agreement without the prior written consent of City. Any attempted assignment or subcontract without the City's prior written approval shall be void and constitute a breach of this Agreement. 32. No Third-Party Beneficiaries The provisions and conditions of this Agreement are solely for the benefit of the City and Developer, and any lawful assign or successor of Developer, and are not intended to create any rights, contractual or otherwise,to any other person or entity. 33. Compliance with Laws, Ordinances,Rules and Regulations Developer, its officers, agents, servants, employees, and contractors, shall abide by and comply with all laws, federal, state and local, including all ordinances,rules and regulations of City. It is agreed and understood that,if City calls to the attention of Developer any such violation on the part of Developer or any of its officers, agents, servants, employees, or subcontractors, then Developer shall immediately desist from and correct such violation. 34. Signature Authority The person signing this Agreement on behalf of Developer warrants that he or she has the legal authority to execute this Agreement on behalf of the Developer, and that such binding authority has been granted by proper order,resolution,ordinance or other authorization of the entity. The City is fully entitled to rely on this warranty and representation in entering into this Agreement. 35. Counterparts This Agreement may be executed in multiple counterparts, each of which will be deemed an original, but which together will constitute one instrument. 36. Entire Agreement This written instrument, together with any attachments, exhibits, and appendices, constitutes the entire understanding between the City and Developer concerning the work to be performed hereunder, and any prior or contemporaneous, oral or written agreement that purports to vary from the terms hereof shall be void. City of Fort Worth,Texas Page 12 of 20 Standard Community Facilities Agreement with City Participation Rev.4/2/20 37. City Participation; Fiscal Funding Limitation (a) City shall reimburse Developer in amounts not to exceed $5,427,730.00 for construction costs, $108,554.60 for material testing costs, $619.20 for IPRC engineering plan review fees, and $90,905.99 for land acquisition costs. The remaining City Participation in the total amount of $23,994.32 will not be paid to Developer, but will be used by the City to pay the City's share of construction inspection service fees and administrative material testing service fees. During construction of the Improvements, Developer will receive applications for payment from Developer's contractors. Developer shall verify that each application for payment is due and payable under the construction contracts between Developer and the contractors and that the Improvements that are the subject of the application for payment have been constructed. Developer shall submit payment requests to the City, in the form of an invoice,no more frequently than one time per month to obtain reimbursement of the City Participation (each a "Payment Request"). Each Payment Request shall be delivered to the City utilizing the City's BIM 360 software application and the spreadsheet approved by the City. Each Payment Requested submitted by Developer shall be accompanied with proof that: (1) Developer has paid the contractors for the amount included in the Payment Request; and(2)an affidavit and lien release from the contractors indicating that Developer has paid the contractors in full for the amount included in each Payment Request and the contractors have paid all subcontractors and material suppliers in full. Developer must register as a vendor of the City in order for the City Participation to be paid to Developer.The cost of any charge orders must be agreed upon in writing by the parties and the party or parties benefitting from the change order must pay the costs as outlined in the written change order signed by the parties. (b) Substantial completion of the Improvements shall occur after Developer's contractors notify the City that the Improvements are constructed and ready for their intended use, the City and Developer's contractors inspect the Improvements,and the City concurs that the Improvements are substantially complete. This City will withhold 5% in retainage from each payment made to Developer. Retainage shall be paid by City to Developer 30 days after the Improvements are constructed and accepted by the City and Developer delivers an invoice to the City. Developer will withhold 5%retainage from each payment Developer makes to Developer's contractor. (c) In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable by any means whatsoever in any fiscal period for payments due under this Agreement, then the City will immediately notify Developer of such occurrence and this Agreement shall be terminated on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except to the portions of annual payments herein agreed upon for which funds shall have been appropriated. 38. Capacity Upon completion of construction of the Improvements,Developer shall be entitled to 1.87 million gallons per day("mgd")peak flow capacity in the sewer main based on the Developer's Share of the cost to design and construct the sewer main. The Tradition basin(SB 1), as depicted in Attachment 4,will not be subject to per acre or other capital recovery charges related to the sewer main unless the proportional share of the capacity(1.87 mgd)is exceeded. If additional flow is requested above 1.87 mgd,the City may assess a per acre charge or other capital recovery charge proportional to the requested flow.Additional flow City of Fort Worth,Texas Page 13 of 20 Standard Community Facilities Agreement with City Participation Rev.4/2/20 is not guaranteed and will be provided to Developer at the sole discretion of the City.On the basins outside of SB 1,as depicted in Attachment 4,the City may assess a pro rata charge consistent with City ordinance. [REMAINDER OF PAGE INTENTIONALLY BLANK] City of Fort Worth,Texas Page 14 of 20 Standard Community Facilities Agreement with City Participation Rev.4/2/20 39. Cost Summary Sheet Pro]ect Name: Tradition East—Offsite Sewer CFA No: CFA22-0049 IPRC No.: IPRC21-0083 City Proj ect No.: 103493 Items Developer's Cost City's Cost Total Cost A. Water and Sewer Construction 1. Water Construction $ $ r 2. Sewer Construction $ 1,887,270.00 $ 5,427,730.00 $ 7,315,000.00 Water and Sewar Construction Total $ 1,887,270.00 $ 5,427,730.00 $ 7,315,000.00 B. TPW Construction 1. Street $ $ $ 2. Storm Drain $ $ $ 3. Street Lights Installed by Developer $ $ $ 4. Signals $ $ $ TPW Construction Cost Total $ $ $ Total Construction Cost(excluding the fees): $ 1,887,270.00 $ 5,427,730.00 $ 7,315,000.00 Estimated Construction Fees: r C. Construction Inspection Service Fee $41,687.50 $20,812.50 $62,500.00 r D. Administrative Material Testing Service Fee $6,373.19 $3,181.82 $9,555.01 r E. Material Testing Costs unknown $108,554.60 $108,554.60 r F.Water Lab Fee $0.00 $0.00 $0.00 r G. IPRC Plan Review Fees(90%Developer/10%City) $5,572.80 $619.20 $6,192.00 r H. Land Acquisitons $31,608.82 $90,905.99 $122,514.81 Total Estimated Construction Fees: $48,060.69 $ 224,074.11 $ 180,609.61 TOTAL PROJECT COST $ 1,972,512.31 $ 5,651,804.11 $ 7,624,316.42 Choice Financial Guarantee Options,choose one Amount (Mark one) Bond = 100% $ 1,887,270.00 X Completion Agreement= 100%/Holds Plat $ 1,887,270.00 Cash Escrow Water/Sanitary Sewer= 125% $ 2,359,087.50 Cash Escrow Paving/Storm Drain= 125% $ Letter of Credit= 125% $ 2,359,087.50 City of Fort Worth,Texas Page 15 of 20 Standard Community Facilities Agreement with City Participation Rev.4/2/20 IN WITNESS WHEREOF,the City and Developer have each executed this Agreement by their duly authorized signatories to be effective on the date executed by the City's Assistant City Manager. CITY OF FORT WORTH DEVELOPER x HT Hwy 114 Land 2 LP D a, ff�rn3��:42CDT) [SIGNATURES ON NEXT PAGE] Dana Burghdoff Assistant City Manager Date: Jun 30, 2022 Recommended by: r Bac� Tiffany Bacon Project Assistant Development Services Department Approved as to Form &Legality: Contract Compliance Manager: By signing,I acknowledge that I am the person Richard A.McCracken(Jun 30,2022 08:45 T) responsible for the monitoring and CD Richard A.McCracken administration of this contract,including Sr.Assistant City Attorney Sect. Chief ensuring all performance and reporting requirements. M&C No. 22-0357 Date: May 10,2022 Form 1295: 2022-872511 Janie Scarlett Morales Development Manager ATTEST: ������� t` nc`O j J ette S.Goodall(Jul 1,202215:0 T) p,ofO po- O���O`[ Jannette Goodall/Ronald Gonzales 0 . , City Secretary/Assistant City Secretary P. ~0 �'� 0vo 0 0 �Y�T 0p 000 Ted o nE000000 Xxl.o4 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth,Texas Fage 16 o Standard Community Facilities Agreement with City Participation Rev.4/2/20 HT HWY 114 LAND 2 LP By: HT Hwy 114 Land 2 LLC,its general partner By: HT Hwy 114 LP,its sole member By: Hines Hwy 114 LLC, its general partner By: Hines Hwy 114 Associates LP,its sole member By: Hines Investment Management Holdings Limited Partnership, its general partner By:R n 29,2022 14:20 PDT) Name: Robert W.Witte Title: Senior Managing Director Approved by: 00 DD Dustin Davidson OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth,Texas Page 17 of 20 Standard Community Facilities Agreement with City Participation Rev.4/2/20 The following attachments are incorporated into this Agreement. To the extent a conflict exists between the main body of this Agreement and the following attachments, the language in the main body of this Agreement shall be controlling. Included Attachment ❑X Attachment 1 -Changes to Standard Community Facilities Agreement ❑ Attachment 2—Phased CFA Provisions ❑ Attachment 3 —Concurrent CFA Provisions ❑X Attachment 4—Basins ❑X Location Map ❑ Exhibit A: Water Improvements ❑X Exhibit A-1: Sewer Improvements ❑ Exhibit B: Paving Improvements ❑ Exhibit B-1: Storm Drain Improvements ❑ Exhibit C: Street Lights and Signs Improvements ❑X Cost Estimates (Remainder of Page Intentionally Left Blank) City of Fort Worth,Texas Page 18 of 20 Standard Community Facilities Agreement with City Participation Rev.4/2/20 ATTACHMENT"1" Changes to Standard Community Facilities Agreement City Proj ect No. 103493 Negotiated changes are contained in the body of the Agreement. City of Fort Worth,Texas Page 19 of 20 Standard Community Facilities Agreement with City Participation Rev.4/2/20 ATTACHMENT"4" Basins nUMAr b & 7777 � _ CD r, T d1 IJ. w/ r77 I41 y �I d 1 �J IP r{} i'4 X n m M - b m 9§ `ti a lily 9 City of Fort Worth,Texas Page 20 of 20 Standard Community Facilities Agreement with City Participation Rev.4/2/20 a` .�KlNredge Way P � v � Ek lwl.Firail aN 5hssta VT-Dr GaFAId Nd w Lariat Pr YY\A/q C - r^.A Iten.ata Trail C � Rirmnhaso vs Matarry Rd a - �O eq M-M31kn})r Llkk.d Lry Creek c—il Dr Shawnee 7reil S sty am SCALE: T" 2000' J'In M-d...V{a'y Iral y � a n Pike Middle `.chtc& ShJq Tea[{C! HaKold m Intrr33se diate N Ta.Ao ik O N ee.re Pike Middlr school N N+9l-p—y 114 .1 T O %ortkveest 4ligfi Sc4,eol Tewan Dr h fsroSms Needy E SITE � 1ledRawr[d clay p.*La `w��Rd , q, WM1� '� Rool1{414 tea,�r o, %4 W Fl.ml SPImBr Df W Op—az,ige Dr L� W O TRADITION W EASE' OIFIFSITE SEWER L a� a LOCATED IN l O CITY OF FORT WORTH, TEXAS Q MAPSCO NO. : 6411D W o PREPARED FOR: PREPARED BY: G OOD14ti>(M Hines �yJ,41 SHALL z CIVIL ENGINEERS—PLANNERS—SURVEYORS CD N zass —g m;7e,G9-4373 Texis 76051 2200 Ross Avenue,Suite 420OW (av)sz asas Dallas,Texas 76201 MAY, 2022 / (972)716-2900 1 00 N � ® N O 11J � N [� N 2 W fTi T I �N O (Nii�N a X X Ui X cn w O W LUO Y �M Ot9 W cn 2 X co 2 N s/ w Xae LU cn LU w fA W �� Q Q i LL' LU a Z a� wXw w o H N o 0 cn I N � N w= O Z X x N w � O a_ c o a � o I o N rT,• W CD O J Z J w K W W W y W b } y ryO� H z � 0 y ® O Z r� O ~ K rn [L W O y rn yl�a � N a S2 > N [.t 5� ''+e'� W m u■ � �� a W LU Q Co u L J � V N N O W II N zcn N N T �e_ -------- -C a Al 3a Q °r w w ai cnX X w x W LJ W ti = V1 H r L� vi cv ro im Li oM IXX N W O j S 3: x X v N W y v H CJ LU -If ry w= N n W W S Z 5�^ S J (D co� �v F cn ° w Q i Q O " bbd h Q U / 0 �m a_ vJ N x2 N N o _ o �m X X w I � N O W J z OC J W W � _ 3 W W b Lo) W ® 61 ad r rn b Z z� y Z b p z dH ° X o d W yoy N N l a a' ra z N G � z n w � W > Y U W SECTION 00 42 43 Developer Awarded Projects PROPOSAL FORM Tradition-East Offsite Sanitary Sewer,City Project#103493 UNIT PRICE BID Project Item Information Bidder's Proposal Bidlist Specification Unit of Bid Description Unit Price Bid Value Item Section No. Measure Quantit Tradition-East Offsite Sewer Line Facilities 1 0241.2202 Remove 5'Sewer Manhole 0241 14 EA 2 $3,600.00 $7,200.00 2 0241.2015 Remove 12"Sewer Line 0241 14 LF 25 $60.00 $1,500.00 3 3137.0102 Large Stone Riprap,dry 31 3700 SY 47 $100.00 $4,700.00 4 3125.0101 SWPPP>1 Acre 31 2500 LS 1 $40,000.00 $40,000.00 5 3110.0101 Site Clearing 31 1000 Ac 5.7 $7,000.00 $39,900.00 6 3291.0100 Topsoil 3291 19 SY 1,629 $T00 $11,403.00 7 3292.0100 Block Sod Placement Golf Course) 3292 13 SY 1,629 1 $6.00 $9,774.00 8 13292.0200 Seeding,Broadcast(Bermuda Grass) 3292 13 SY 67,666 $1.00 $67,666.00 9 13301.0002 Post-CCTV Inspection 3301 31 LF 13,165 $1.00 $13,165.00 10 13301.0101 Vacuum Test Manholes 3301 30 EA 35 $190.00 $6,650.00 11 3303.0001 Bypass Pumping 3303 10 EA 1 $170,946.00 $170,946.00 12 13305.0109 Trench Safety 3305 10 LF 13,165 $1.00 $13,165.00 13 13305.0110 Utility Markers 33 05 26 LS 1 $2,800.00 $2,800.00 14 13305,0112 Concrete Collar 33 05 17 EA 31 $700.00 $21,700.00 15 13305.0113 Trench Water Stops 3305 15 EA 4 $650.00 $2,600,00 16 13305.1008 48"Casing By Open Cut 33 05 22 LF 230 $950.00 $218,500.00 17 13305.1107 42"Casing By Other Than Open Cut 33 05 22 LF 748 $1,100.00 $822,800.00 18 13305.1108 48"Casing By Other Than Open Cut 33 05 22 LF 1,025 $1,500.00 $1,537,500.00 19 13331.4321 24"DIP Sewer(Class 200) 33 11 10 LF 1,371 $280.00 $383,880.00 20 13331.4405 30"DIP Sewer(Class 150) 3311 10 LF 2,505 $340.00 $851,700.00 21 3339.1001 4'Std,Dia.Manhole 3339 10, EA 1 $9,500.00 $9,500.00 33 39 20 22 3339.1003 4'Extra Depth Manhole 3339 10, VF 2 $190.00 $380.00 33 39 20 23 3339.1101 5'Std.Dia.Manhole 3339 10, EA 30 $12,000.00 $360,000.00 33 39 20 24 3339.1102 5'Drop Manhole 3339 10, EA 1 $12,400.00 $12,400.00 33 39 20 25 3339.1103 5'Extra Depth Manhole 33 39 10, VF 213 $275.00 $58,575.00 33 39 20 26 3339.1201 6'Manhole 33 39 10, EA 2 $18,000.00 $36,000.00 33 39 20 27 3339.1203 6'Extra Depth Manhole 33 39 10, VF 11 $400.00 $4,400.00 33 39 20 28 3471.0001 Traffic Control 3471 13 MO 4 $2,200.00 $8,800.00 29 19999.0001 Sanitary Sewer Junction Structure w/4'Riser 00 00 00 EA 1 $42,000.00 $42,000.00 30 19999.0002 Sanitary Sewer Junction Structure Coating 00 00 00 EA 1 $16,500.00 $16,500.00 31 19999.0003 Odor Control-Wager 2050 or Equal w/Ball Valve 00 00 00 EA 21 $11,000.00 $231;000.00 32 19999.0004 Install Epoxy Manhole Liner 00 00 00 VF 430 $365.00 $156,950.00 33 9999.0005 Remove&Replace Concrete Drive(Cart Path) 00 00 00 SY 284 $85.00 $24,140.00 34 9999.0006 Install Temporary Gravel Drive(Temp.Cart Path) 00 00 00 SY 353 $20.00 $7,060.00 35 9999.0007 Remove&Replace 4'Sidewalk 00 00 00 SY 32 $85.00 $2,720.00 36 9999.0008 Cut&PlugEx. 10"S.S. 00 00 00 EA 1 $1,500.00 $1;500.00 37 9999.0009 Grout Abandonment of 10"S.S. 00 00 00 CY 1 3 $500.001 $1,500.00 Total Sewer Improvements Base Bid 1 $5,200,974.00I CITY OF FORT WORTn Tradition-East On ite Baotou}S-, STANDARD CONS1RUCTION BID PROPOSAL-DF.VF.LOPER A\VARDFD PROJFCI'S City ProiW',1103493 I`,-Rc6-1 J--y 29,2020 00 42 43_Bid P.p,-I Project Item Information Bidder's Proposal Bidlist Description Specification Unit of Bid Unit Price Bid Value Item I Section No. I Measure Quantity Alternate Tradition-East Offsite Sewer Bid 38A 3331.4225 18"Solid Wall PVC Per ASTM F679 3331 20 LF 189 $0.00 $0.00 38B 3331.4232 18"Fiberglass Sewer Pie 3331 13 LF 189 $200.00 $37,800.00 39A 3331.4308 21"Solid Wall PVC Per ASTM F679 3331 20 LF 301 $0.00 $0.00 39B 3331.4311 21"Fiberglass Sewer Pipe 3331 13 LF 301 $220.00 $66,220.00 40A 3331.4317 24"Solid Wall PVC Per ASTM F679 3331 20 LF 4,566 $0.00 $0.00 40B 3331.4324 24"Fiberglass Sewer Pie 3331 13 LF 4,566 $226.00 $1,031,916.00 41A 13331.4330 27"Solid Wall PVC Per ASTM F679 3331 20 LF 4,113 1 $0.00 $0.00 41B 3331.4333 27"Fiberglass Sewer Pipe 3331 13 LF 4,113 $230.00 $945,990.00 42A 3331.5762 21"Solid Wall PVC Per ASTM F679,CLSM Backfill 3331 20 LF 20 $0.00 $0.00 42B 3331.5763 21"Fiberglass Sewer Pipe,CLSM Backfill 3331 13 LF 20 $245.00 $4,900.00 43A 3331.5765 24"Solid Wall PVC Per ASTM F679,CLSM Backfill 3331 20 LF 60 $0.00 $0.00 43B 3331.5767 24"Fiberglass Sewer Pipe,CLSM Backfill 3331 13 LF 60 $260.00 $15,600.00 44A 3331.5769 27"Solid Wall PVC Per ASTM F679,CLSM Backfill 1 3331 20 LF 40 $0.00 $0.00 44B 13331.5770 27"Fiberglass Sewer Pipe,CLSM Backfill 1 3331 13 1 LF 40 1 $290.00 $11,600.00 Total Alternate Tradition-East Offsite Sewer Bid $2,114,026.00 Bid Summary Total Sewer Improvements Base Bid $5,200,974.00 Total Alternate Tradition-East Offsite Sewer Bid $2,114,026.00 Subtotal Construction Bid $7,315,000.00 Performance/Payment and 2-year Maintenance Bonds $65,000.00 Total Construction Bid $7,380,000.00 Contractor shall bid the least expensive pipe material in the Alternate Tradition-East Offsite Sewer section of the bid proposal as well as the corresponding items of that selected material.For example,(38A,39A,40A,41A,42A,43A,&44A)or(38B,39B,40B,41B,42B, 43B,&44B)shall be chosen for bidding. This bid is submitted by the entity listed below: Company:Mountain Cascade of Texas,LLC By:Andrew L.MCC loch Street Address:5340 East US Highway 67 City,State,Zip Code: Alvarado,TX 76009 Phone:817-783-3094 Signature Title:Vic resident Date: 3/31/2022 Contractor agrees to complete WORK for FINAL ACCEPTANCE within 200 worldng days after the date when the CONTRACT commences to run as provided in the General Conditions. END OF SECTION CITY OF FORT WORTH Tradition-East OlTsite Sanitary Sewer STANDARD CONSTRUCTION BID PROPOSAI.DEVELOPER AWARDED PROJECTS City Project M103493 Form Revised January 29,2020 00 42 43_Bid Proposal Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA Foy Wow Create New From This M&C DATE: 5/10/2022 REFERENCE **M&C 22- LOG NAME: 60TRADITION OFFSITE NO.: 0357 SEWER CFA CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 7) Authorize Execution of Community Facilities Agreement with HT Hwy 114 Land 2 LP with City Participation in the Amount Not to Exceed $5,681,247.60, for Oversizing and Land Acquisition Cost for the Tradition Offsite Sanitary Sewer Main Located in North Fort Worth, and Adopt Attached Appropriation Ordinances to Effect a Portion of Water's Contribution to the Fiscal Years 2022-2026 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of a community facilities agreement with HT Hwy 114 Land 2 LP with City participation in the amount not to exceed $5,681,247.60 for oversizing and land acquisition cost for the Tradition offsite sanitary sewer main located in north Fort Worth; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Sewer Capital Projects Fund, in the amount of $5,790,000.00, from available funds, in the Community Facilities Agreement Bucket programmable project (City Project No.P00001), for the purpose of funding the Community Facilities Agreement - CFA Tradition Of'site Sewer project (City Project No.103493) and to effect a portion of Water's contribution to the Fiscal Years 2022-2026 Capital Improvements Program; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Sewer Capital Legacy Fund, in the amount of $976,821.00, from available funds, in the Community Facilities Agreement Bucket programmable project (City Project No.P00001), for the purpose of funding the Community Facilities Agreement - CFA Tradition Of'site Sewer project (City Project No.103493) and to effect a portion of Water's contribution to the Fiscal Years 2022-2026 Capital Improvements Program. DISCUSSION: HT Hwy 114 Land 2 LP (Developer) is constructing the Tradition development project located west of North Freeway and north of Highway 114. The City is participating in the project to oversize an east parallel offsite sewer main to provide additional capacity for future growth within the basin. The construction and land acquisition cost for the project is estimated to be allocated at 25.8\% for the Developer and 74.2\% for the City. Tradition Offsite Sewer project is assigned City Project No. 103493 and Accela System Record IPRC21-0083. The project has been publicly bid. The City's cost participation in the land acquisition and oversizing of the sewer main is estimated to be in an amount not to exceed $5,681,274.60 as shown in the table below. Payments to the Developer are estimated to be $5,427,730.00 for construction costs, $90,905.99 for land acquisition, $46,375.00 for construction inspection service fees, $7,089.81 for administrative material testing fees, $108,554.60 for material testing cost and $619.20 for IPRC engineering plan review fees. The remaining City participation in the estimated amount of $1,085,546.00 are contingency funds that will cover the City's portion of any change orders. The following table shows the cost sharing breakdown for the project between all parties: Developer A. Public Improvements Cost City Cost Total Cost 1. Sewer $1,887,270.00 $5,427,730.00 $7,315,000.00 Contingency 20\% $0.00 $1,085,546.00 $1,085,546.00 B. Inspections &Testing 1. Construction Inspection Fee $16,125.00 $46,375.00 $62,500.00 2. Admin Material Testing Fee $2,465.19 $7,089.81 $9,555.00 3. Material Testing Cost $0.00 $108,554.60 $108,554.60 4. Water Lab Fee $0.00 $0.00 $0.00 C. I PRC Plan Review Fees $5,572.80 $619.20 $6,192.00 D. Land Acquisitions $31,608.82 $90,905.99 $122,514.81 Total Project Cost $1,943,041.81 $6,766,820.60 $8,709,862.41 *Numbers will be rounded up for accounting purposes. The reimbursement of the City participation, excluding inspection and material testing fees, is not a lump-sum amount and may be less than the stated amount depending upon the actual quantities and unit prices from the Notice of Final Completion package, commonly referred to as the Green Sheet package. 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 Mayor& Council Communication (M&C) will appropriate funds in support of the Water Department's portion of the City of Fort Worth's Fiscal Years 2022-2026 Capital Improvements Program, as follows: Capital Fund Project FY2022 CIP Authority Budget Change Revised Name Name (Increase/Decrease) FY2022 Appropriations Budget Govt Community P00001- $1,100,000.00 $1,100,000.00 Facilities Agmt- CFA Fund 30111 Bucket CFA Developer- P00001- $6,000,000.00 $6,000,000.00 Fund 30114 CFA Bucket Water/Sewer Bond P00001- $0.00 M&C 21- $1,211,467.00 $1,211,467.00 2016-Fund 56005 CFA 0917 Bucket M&C 21- $112,280.00 $112,280.00 0919 M&C 21- $55,061.00 $55,061.00 0918 M&C 22- $234,735.00 $234,735.00 0176 M&C 22- $180,752.00 $180,752.00 0177 M&C 22- $234,735.00 $234,735.00 0176 M&C 22- j $180,752.00j $180,752.00 0177 This M&C $6,776,821.00 $6,776,821.00 Water& Sewer P00001- $0.00 M&C 22- $200,857.00 $200,857.00 Bond 2017A-Fund CFA 0175 56011 Bucket This M&C $7,578,074.00 $7,578,074.00 Total 1300001- $7,100,000.00 $8,771,973.00 $15,871,973.00 CFW Bucket Appropriations Funding for the Community Facility Agreement (CFA) —Tradition offsite sewer as depicted in the table below: Fund Existing Additional Project Appropriations Appropriations Total* Water& $180,752.00 $6,776,821.00 $6,947,573.00 Sewer Bond 2016 Fund 56005 Total Project $180,752.00 $6,776,821.00 $6,947,573.00 *Numbers rounded for presentation purposes. Funding is currently available in the Unspecified-All Funds project within the Sewer Capital Fund for the purpose of funding the CFA - Tradition offsite sewer project. BUSINESS EQUITY—City Project No. 103521 is listed on the Cost Participation Water Department list of waived developer projects negotiated in Fiscal Years 2019-2020 and agreed upon between Development Services and DVIN. This project is located in COUNCIL DISTRICT 7 FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are currently available in the Unspecified - All Funds project within the Sewer Capital Projects Fund and Sewer Capital Legacy Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the Sewer Capital Projects Fund and Sewer Capital Legacy Fund for the CFA Bucket programmable project to support the approval of the above recommendations and execution of the agreement. Prior to an expenditure being incurred, the Water Department has the responsibility of verifying the availability of funds. TO Fund Department Account Project Program Activity Budget Reference # Amnt ID ID Year � ou (Chartfield 2) �� FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) Submitted for City Manager's Office by_ Dana Burghdoff(8018) Originating Department Head: Chris Harder (5020) Additional Information Contact: Taylor Gunderman (8369) ATTACHMENTS 60 CFA TRADITION OFFSITE SEWER CFA(JW 04.21.22).xlsx (CFW Internal) 60 CFA TRADITION OFFSITE SEWER CFA PBS CPN 103493.pdf (Public) 60 CFA TRADITION OFFSITE SEWER CFA PBS CPN P00001.pdf (Public) 60TRADITION OFFSITE SEWER CFA funds availability pdf (CFW Internal) 60TRADITION OFFSITE SEWER CFA 59607 Ojocx (Public) 60TRADITION OFFSITE SEWER CFA 59608 Ojocx (Public) Form 1295 Certificate 100894844 Hines exectued.pdf (CFW Internal) Overall Exhibit Tradition OfFste Sewer CFA.pdf (Public) Pages from REV3 Tradition Offsite Sewer East 12-16-21-2.pdf (Public)