HomeMy WebLinkAboutContract 54220 Received Date:Jul 31,2020
Received Time: 9:18 am
Developer and Project Information Cover Sheet:
Developer Company Name: HT HWY 114 Development,LP
Address, State,Zip Code: 2200 Rose Ave., Suite 420OW Dallas,Texas 75201
Phone&Email: (972)716-2914 1 rob.witte@hines.com
Authorized Signatory,Title: Robert W.Witte I Senior Managing Director
Project Name: Tradition NS-III Offsite Water Line
Brief Description: Water
Project Location: Hwy 114,West of 156 and South of Sam Reynolds Rd.
Plat Case Number: Not Provided Plat Name: [Tradition Central Phase
Mapsco: Not Provided Council District: 4
CFA Number: CFA19-0126 City Project Number: IPRC19-0164 1102240
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City Secretary Number: 54220
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 Development,LP
("Developer"),acting by and through its duly authorized representative. City and Developer are referred to
herein individually as a"party"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
NS-III Offsite Water Line ("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
$5,911,959.00 to enlarge the scope of the Improvements beyond what Developer is responsible for
constructing or as an economic incentive as authorized by City Council through approval of M&C 20-0345
on May 19,2020("City Participation"); 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.
CIA Ordinance
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
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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
❑ 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, and
Attachment 3 — Concurrent CFA Provisions, 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
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
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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;
(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.
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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.
(h) Developer shall ensure the contractors are paid the City's wage rates in effect during construction
of the Improvements.
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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. City shall not be responsible for payment of any
costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with
any of the Improvements to be constructed pursuant to this Agreement.
11.
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 BYANYPERSONS,INCLUDINGDEATH,
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
PROPERLY SAFEGUARD THE WORK, OR ONACCOUNT OFANYACT,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
OFFICERS, SERVANTS, OR EMPLOYEES. FURTHER, DEVELOPER WILL REQUIRE
ITS CONTRACTORS TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY
FOR ANY LOSSES, DAMAGES, COSTS OR EAPENSES SUFFERED BY THE CITY OR
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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 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 obtainproof 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
deemed to have been received when deposited in the United States mail so addressed with postage
prepaid:
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CITY: DEVELOPER:
Development Coordination Office HT HWY 114 Development, LP
City of Fort Worth 2200 Ross Ave.
200 Texas Street Suite 420OW
Fort Worth, Texas 76102 Dallas, Texas 75201
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 party 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.
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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.
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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 2270 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 term"boycott Israel"has
the meaning ascribed to it by Section 808.001 of the Texas Government Code. The term"company"has
the meaning ascribed to it by Section 2270.001 of the Texas Government Code. To the extent that Chapter
2270 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.
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'S EMPLOYEES,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.
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27.
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.
28.
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.
29.
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.
30.
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.
31.
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.
32.
Counterparts
This Agreement may be executed in multiple counterparts, each of which will be deemed an
original,but which together will constitute one instrument.
33.
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
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be void.
34.
City Participation; Fiscal Funding Limitation
(a) The City shall reimburse Developer for the City Participation after presentation of proper
documentation by Developer to the City that the Improvements have been constructed and accepted
by the City and all contractors and material suppliers have been paid.
(b) 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.
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35.
Cost Summary Sheet
Project Name: Tradition NS-III Offsite Water Line
CFA No IPRC No. City Project No.:
Items Developer's Cost City's Cost Total Cost
A. Water and Sewer Construction
1. Water Construction $ 6,293,711.86 $ 2,486,288.14 $ 8,780,000.00
2.Sewer Construction $ - $ - $ -
Water and Sewer Construction Total $ 6,293,711.86 $ 2,486,288.14 $ 8,780,000.00
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): $ 6,293,711.86 $ 2,486,288.14 $ 8,780,000.00
Estimated Construction Fees:
C. Construction Inspection Service Fee $54,206.25 $918.75 $55,125.00
D. Administrative Material Testing Service Fee $16,595.00 $145.00 $16,740.00
E. Water Testing Lab Fee $0.00 $0.00 $0.00
Total Estimated Construction Fees: $ 70,801.25 $ 1,063.75 $ 71,865.00
TOTAL PROJECT COST $ - $ -
Choice
Financial Guarantee Options,choose one Amount Mark one
Bond=100% $ 6,293,711.86 X
Completion Agreement=100%/Holds Plat $ 6,293,711.86
Cash Escrow Water/Sanity Sewer-125% $ 7,867,139.83
Cash Escrow Paving/Storm Drain=125% $ -
Letter of Credit=125% $ 7,867,139.83
City of Fort Worth,Texas Page 13 of 16
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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
HT HWY 114 Development,LP
Dana Burghdoff(Jul30.20 0:13 CDT)
Dana Burghdoff a
Assistant City Manager By: Robert W.Witte(Jul 29,202020:23 CDT)
Jul 30,2020 Name: Robert W. Witte
Date: Title: Senior Managing Director
Recommended by: Date: Jul 29,2020
Jenni ze k(Ju 29,202021:36CDT)
Evelyn Roberts/Jennifer Ezernack
Project Assistant
Development Services Department
Approved as to Form &Legality:
Richard A.McCracken(Jul 30,2020 08:11 CDT)
Richard A.McCracken
Sr.Assistant City Attorney Contract Compliance Manager:
M&C No. M&C 20-0345
Date: Jul 30,2020 By signing, I acknowledge that I am the person
responsible for the monitoring and
Form 1295: 2020-615062 administration of this contract,including
ensuring all performance and reporting
ATTEST: requirements.
�D`1GI C70hyllol,I Lauurie Lewis
Laurie Lewis(Jul 30,2020 07:49 CDT)
Ronald P.Gonzales(J u 131,2020 07:08 CDT)
Mary J.Kayser/Ronald Gonzales Laurie Lewis
City Secretary/Assistant City Secretary Interim Development Manager
City of Fort Worth,Texas Page 14 of 16
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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
® Attachment 1 -Changes to Standard Community Facilities Agreement
❑ Attachment 2—Phased CFA Provisions
❑ Attachment 3 —Concurrent CFA Provisions
® Location Map
® Exhibit A: Water Improvements
❑ Exhibit A-1: Sewer Improvements
❑ Exhibit B: Paving Improvements
❑ Exhibit B-1: Storm Drain Improvements
❑ Exhibit C: Street Lights and Signs Improvements
® Cost Estimates
(Remainder of Page Intentionally Left Blank)
City of Fort Worth,Texas Page 15 of 16
Standard Community Facilities Agreement with City Participation
Rev.4/2/20
ATTACIEMENT"1"
Changes to Standard Community Facilities Agreement
City Project No. 102240
City of Fort Worth,Texas Page 16 of 16
Standard Community Facilities Agreement with City Participation
Rev.4/2/20
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SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
Tradition-Offsite Water Line NS-111
UNIT PRICE BID Bidder's Application
Project Item Infonmation Contractor's Bid
Bidlist Description S ecificati in Section No. Unit of Bid
Item No, P p Measure Quantity Unit Price Bid:Value
Tradition Offsite Water Line NS-111Facilities.
1 0241.0100 Remove Sidewalk 0241 13 SF 510 $1.00 $510.00
2 0241.0500 Remove Fence 0241 13 LF 1,958 $0.50 $979.00
3 3110.0101 e Clearing 311000 AC 14.1 $10,000.00 $141,000.00
4 3125.0101 SWPPP 31 25 00 LS 1 $15,000.00 $15,000.00
5 3137.0102 Large Stone Ri ra ,dry 31 3700 SY 325 $50.00 $16,250.00
6 3201.0202 Asphalt Pvmt Repair Beyond Defined Width,Arterial 33 01 17 SY 68 $1.00 $68.00
7 3211.0400 Hydrated Lune 30lb/s ) 32 11 29 TN 3.14 $100 $114
8 3211.0503 10"Lime Treatment 32 1129 SY 1 264 $2.001 $528.00
9 3213.0105 10"ConcPvmt 32 13 13 SY 184 Slooml $18,400.00
10 3213.0106 11"ConcPvmt 32 13 13 SY 112 $100.001 $11,200.00
11 3213,0301 6'Wide Sidewalk 32 1320 SF 514 $5.001 $2,570.00
12 3231.0211 Barbed Wire Fence,Metal Posts 323126 LF 1,958 $2.50 $4,895.00
13 3291.0100 7opsoil 3291 19 CY 1,874 $2.50 $4,685.00
14 3292.0100 Block Sod Placement 3292 13 SY 11,246 $5.00 $56,230.00
1.5 13292.0200 Seeding,Broadcast(Coastal Bennuda) 3292 13 SY 142,386 $0.25 $35,596,50
16 3301.0002 Post CCTV Inspection 00 00 00 LF 20,572 $1.50 $30,858.00
17 3305.0109 Trench Safety 3305 10 LF 20,572 $0.50 $10,286,00
18 3305.0110 Utility Markers 33 0526 LS 1 $2,500.00 $2,500.00
19 3311.0461 12"PVC Water Pie 34 11 12 LF 51 $50.001 $2,550.00
20 3312.0106 Connection to Existing 16"Water Main 33 1225 EA 2 $5,000.00 S10,000,00
21 3312.0110 Connection to Existing 36"Water Main 33 1225 EA 2 $40,000.00 $80,000.00
22 3312.0117 Connection to Existing 4"-12"Water Main 33 1225 EA 1 $1,500.00 $1;500.00
23 3312.1002 2"Combination Air Valve Assembly for Water 31 1230 EA 2 $10,000.00 $20,000.00
24 3312.3005 12"Gate Valve 33 1220 EA 1 $2,000.00 $2,000.00
25 3312.6002 6"Blow Off Valve 33 1260 EA 2 $25,000.00 $50,000,00
26 3312,6003 8"Blow Off Valve 33 1260 EA 7 $30,000.00 $210,000.00
27 3339.1101 5'Manhole 33 39 10,33 39 20 EA 1 $20,000.00 $20,000.00
28 3471.0001 Traffic Control 3471 13 MO 4 $1,000.00 $4,000.00
29 9999.0001 Remove&Replace Existing Gravel Drive 00 00 00 SY 5,577 $10.25 $57,164.25
30 9999.0002 Temporary 8'Wide Gravel Road 00 00 00 SY 3,461 $6.00 $20,766.00
31 9999.0003 Remove&Replace Iron Cattle guard&Gate 00 00 00 EA 3 $1,600.00 $4,800.00
32 9999.0004 Pressure Release Valve 00 00 00 LS 1 $30,000.00 $30,000.00
33 9999.0005 Pressure Release Valve Electrical Components 00 00 00 LS 1 $95,000.00 $95,000.00
34 9999.0006 Pressure Release Valve Vault 00 00 00 LS 1 $55,000.00 $55,00000
35 9999.0007 Remove Ex.Flush Valve,Enclosure,&Controls 00 00 00 LS 1 $6,000,00 $6,000.00
36 9999.0008 Install Wire Gate(10 LF) 00 00 00 EA I 1 $5K001 $500.00
Total Unit 1:Water Improvements Base Bid 1 $1,020,838.89
Project Item Information Contractors Bid
Bidlist Description Specification Section No. Unit of Bid Quantity Unit Price Bid Value
Item Measure
Tradition Offsite Water Line NS-III PRV Access Drive Facilities
37 3137.0104 Medium Stone Ri ra ,dry 31 3700 SY 8 $50:00 $400.50
38 33213,0106 11"Co..Pvmt 3213 13 SY 101 $100,00 $10,100.00
39 3231.0124 6'Chain Link Fence(Including Double Swing Gate) 00 00 00 LF 164 $25.00 $4,100.00
40 3341,0205 24"RCP,Class I11 33 41 10 LF 67 $50.00 $3,350.00
41 3349.4105 24"SET,1 pipe 334940 EA 2 $1;800.00 $3;600.00
42 9999,0009 Excavation 00 00 00 CY 345 $10.00 $3,450.00
43 9999.0010 4"ACP(TY A) 00 00 00 SY 101 $100.00 $10,100.00
44 9999:0011 8"L.T.S.and Select Material TY C) 00 00 00 SY 101 $7.00 $707,00
45 9999 0012 Crushed Gravel 00 00 00 SY 117 1 $7.00 $819.00
Total Unit 2:PRV Access Drive Improvements $36,626.00
CITY OF FORT wOR H I
STANDARD CONSTRUCTION 1311)PROPOSAL-DEVELOPER A WARDED PROJECI S
Fnnn-Re,ised August.1.,2019 Pqg 1 43 0p 42 43 Bid Pwp,)ml-'I'nditi-NS-m Water l.inc
Alternate IA Bid
Project Item Information Contractors Bid
Bidlist Description Specification Section No. Unit of Bid Quantity Unit Price Bid Value
Item Measure
"Contractor is to bid either item IA,1B,or 1C for 36"Pipe,either item.2A,2B,or 2C for 36"Pipew/CSS Backfill,
either item 3A,3B,or 3C for 36"Pipe(Restrained Joints),and either item 4A,413,or 4C for 36"Pi a Fittings.
IA-IA*13311.0851 36"DIP Water 33 11 10 LF 11,623 $0.00 $0.00
IA-IB* 3311:0861 36"Steel AWWA C200 Water Pipe 33 11 14 LF 11,623 $0.00 $0.00
IA-IC* 3311.0871 36"Concrete AWWA C303 Water Pipe 34 11 13 LF 11,623 $205.00 $2,382,715.00
IA-2A* 3311.0852 36"DIP Water,CSS Backfill 33 11 10 LF 101 $0.00 $0.00
1A-2B* 3311.0862 36"Steel AWWA C200 Water Pipe,CSS Backfill 33 11 14 LF 101 $0.00 $0.00
IA-2C* 33 11.0872 36"Concrete AWWA C303 Water Pipe,CSS Backfill 33 11 13 LF 101 $235.00 $23,735.00
IA-3A* 3311.0854 36"DIP Water(Restrained Joints) 33 11 10 LF 8,244 $0,00 $0.00
IA-3B* 3311,0864 36"Steel AWWA C200 Water Pipe(Restrained Joints) 33 11 14 LF 8,244 $0.00 $0.00
IA-3C* 3311,0874 36"Concrete AWWA C303 Water Pre(Restrained Joints) 33 11 13 LF 8,244 $235.00 $1,937,340.00
IA-4A* 3311.0001 Ductile Iron Water Fittings w/Restraint(36"Pipe) 33 11 11 TN 2L09 $0.00 MOO
IA-4B* 3311.0001 36"Steel Pipe Fittings 33 11 11 LS 1 $0.00 $0.00
IA-4C* 3311.0001 36"Concrete Pipe Fittings 33 11 11 LS 1 $87,255.11 $87.255.11
1A-5 3312.1005 6"Combination Air Valve Assembly for Water 33 1230 EA 7 $20,000.00 $140,000,00
1A-6 3312.5000 36"AWWA Butterfly Valve,w/Vault 1 33 1221 EA 13 $85,000.001 $1,105,000.00
IA-7 3305.2009 36 Water Carrier Pie 33 0524 LF 604 $110.00 S66,440.00
IA-8 3305.]109 54"CasingB Other Than Open Cut 33 05 22 LF 604EJ
$2,000.00 $1,208,000.00
IA-9 3304.0002 Cathodic Protection for36"Pie 33 04 12 LS I $30,000.00 $30 000.00
Total Alternate IA Bid 1 $6,980,485.11
Alternate 1 B Bid
Project Item Information Contractor's Bid
Bidlist Description Specification Section No. Unit of Bid Quantity Unit Price Bid Value
Item Measure.
1B-1 33 11.0661 24"PVC C905 Water Pipe 33 1114 LF 11,623 $100.00 $1,162,300.00
1B-2 3311.0662 24"PVC C905 Water Pipe,CSS Backfill 33 11 14 LF 101 $120.00 $12,120.00
113-3 3311,0664 24"PVC C905 Water Pipe(Restrained Joints) 3311 14 LF 8,244 $135.00 $1.112,940.00
1B-4 3311.0001 Ductile Iron Water Fittings w/Restraint(24"Pipe) 33 11 11 TN 10.17 $5,000.00 $50.850,00
IB-5 3312.1004 4"Combination Air Valve Assembly for Water 33 1230 EA 7 $15,000.05 $105,000.00
1 B-6 3312.3008 24"Gate Valve w/Vault 33 1220 EA 13 $30,000,00 $390,000.00
I7 3305.2007 24"Water Carrier Pie 33 0524 LF 604 $140.00 $84,560.00
1B-B-8 3305.1167 42"Casing By Other Than Open Cut 33 05 22 LF 604 $1,700.00 $1,026,800.00
Total Alternate 1B Bid S3,944,570.00
Alternate 1C Bid
Project Item Information Contractor's Bid
Bidlist Description Specification Section No. Measure of
Item Measur Bid Quantity Unit Price Bid Value
IC-1 3311.0661 24"PVC C905 Water Pie 33 11 14 LF 5,276 $110.00 $580,360.00
1C-2 3311.0664 24"PVC C905 Water Pipe(Restrained Joints) 33 11 14 LF 5,191 $140.00 $726,740.00
IC-3 3311.0001 Ductile Iron Water Fittings w/Restraint(24"Pipe) 33 11 11 TN 5.15 $8,500.00 $43,775.00
1C-4 3312.1004 4"Combination Air Valve Assemblyfor Water 33 12 30 EA 7 $15,000,00 $105,000.00
1C-5 3312.3008 24"Gate Valve w/Vault 33 1220 EA 7 $35,000.00 $245,000.00
1C-6 3305.2007 24"Water Carrier Pipe 33 0524 LF 381 $140.001 $53,340.00
1C-7 3305.1107 42"Casing By Other Than Open Cut 33 05 22 LF 381 $1,500.00 $571,500.00
1C-8 3311.0754 30"DIP Water Pie 33 11 10 LF 6,347 $162,00 $1,028,214.00
1C-9 3311.0752 304 DIP Water Pipe,CSS Backfill 33 11 10 LF 101 $220,00 $22,220.00
1C-10 3311.0754 30"DIP Water Pipe(Restrained Joints) 33 11 10 LF 3,053 $230,00 $702,190.00
1G11 3311.0001 Ductile Iron Water Fittings w/Restraint(30"Pipe) 33 11 11 TN 6.84 $10,000.00 $68.400.00
1C-12 3312.4000 30"AWWA ButterflyValvewNault 331221 EA 6 $135,000.00 $810,000.00
IC-13 13305.2008 30"Water Carrier Pie 1 33 05 24 LF ')22 $260.00 $57,980.00
1C-14 3305.1108 48"CasingB Other Tlian Open Cut 33 05 22 LF 223 $1100.02 $334,500.21
1C-15 3304.0002 Cathodic Protection for 30"Pipe 33 04 12 LS 1 130:000.00 $30,000.00
Total Alternate 1C Bid 1 $5,379,219.00
CITY OF FORT WORTII
STANDARD CONSFRIJCTION HN PROPOSAf.-DEVELOPER AWARDED PROJECTS
F-,R,,i.-1 August 1,2019 Rage 2 or 3 00 42 43 Bid Proposal-Tradition NS-M Wutcr.Ling
Alternate 2A Bid
Project Item Information Contractor's Bid
Bidlist Unit of
Item Description Specification Section No. Measure Bid Quantity Unit Price Bid Value
2A-I 3311.0542 16"Water Pipe,CSS Backfill 33 11 10,33 11 12 LF 20 $60.00 $1 200.00
2A-2 3311.0554 16"DIP Water Restrained Joints 34 11 10 LF 16 $45.00 $720.00
2A-3 3311.0561 16"PVC C905 Water Pie 32 11 12 LF 1,704 $90.00 $153 360.00
2A-4 3311.0564 16"PVC C905 Water Pipe(Restrained Joints) 33 11 12 LF 330 $100.00 $33,000.00
2A-5 3305.1005 30"Casing By Open Cut 32 05 22 LF 111 $200.00 $22,200.00
2A-6 13305.1105 30"Casing By Other Than Open Cut 33 05 22 LF 1 190 1 $2,000.00 $380,000.00
2A-7 3305.2005 16" DIP Carrier
Water Caer Pie 33 05 24 LF 301 $100.00 $30,100.00
2A-8 3311.0061 Ductile Iron Water Fittings w/Restraint 16"Pie 33 11 11 TN 0.42 1 $3,500.001 $1470.00
2A-9 13312.3006 16"Gate Valve w/Vault 33 12 20 I EA 1 2 1 $10,000.001 $20,000.00
Total Alternate 2A Bid S(42,11511.1111
Alternate 2B Bid
Project Item Information Contractor's Bid
Bidlist Unit of
Item Description Specification Section No. Measure Bid Quantity Unit Price Bid Value
213-1 3311.0442 12"Water Pipe,CSS Backfill 33 11 10,33 11 12 LF 20 $70.00 $1,400.00
213-2 3311.0454 12"DIP Water Restrained Joints) 34 11 10 LF 16 $90.00 $I 440.00
213-3 3311.0461 12"PVC C905 Water Pie 32 11 12 LF 1,704 $45.00 $76,680.00
213-4 3311.0464 12"PVC C905 Water Pie Restrained Joints) 33 11 12 LF 330 $50.00 $16,500.00
213-5 3305.1004 24"Casing By Open Cut 32 05 22 LF 111 $50.00 $5 550.00
213-6 3305.1104 24"Casing By OtherThan Open Cut 33 OS 22 LF 190 $1,700.00 $323,000.00
2B-7 3305.2004 12" DIP 30 Water Carrier Pie 33 05 24 LF 1 S60.00 $18 060.00
2B-8 3311.0001 Ductile Iron Water Fittings w/Restraint(12"Pipe) 33 11 11 1 TN 0.22 $5,000.001 $1,100.00
213-9 13312.3005 12"Gate Valve 1 33 1220 1 EA 1 $3,UOU.U01 $6,000.00
Total Alternate 2B Bid $449,730.00
Bid Summary
Total Unit 1:Water Improvements Base Bid $1,020,838.89
Total Unit 2:PRV Access Drive Improvements Bid $36,626.00
Total Alternate IA $6,980,485.11
Total Alternate 2A $642,050.00
Subtotal Construction Bid $8,680,000.00
Performance/Payment and 2-year Maintenance Bonds $100 000.00
Total Construction Bid $8,780,000.00
Contractor shall bid the least expensive pipe material in the Alternate IA section of the bid proposal as well as the corresponding items of that selected
material. For example,(IA-IA,IA-2A,IA-3A,&IA-4A),or(IA-1B,IA-2B,IA-3B,&IA-4B)or(IA-IC,IA-2C,IA-3C,&IA-4C)shall be chosen for bidding.
The City of Fort Worth and the Developer reserve the right to add Alternate 1B or 1C in place of IA and also the right to add Altititga blilAu dace of 2A.
•°•, Q N TIC P �O
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The bid is submitted by the entity listed below: � � .•`o 0 R �•••o
Company:MCKEE UTILITY CONTRACTORS,INC By:SHANE MCKEE 6 N
Street Address:2319 W MAIN STREETL 9
City,State,Zip Code:PRAGUE,OK 74864
Phone:405-567-3666 Signature
Title:PRESIDENT o�•a` ��'•
Date 6/18/20 i J,t�'•�KLAN�
Contractor agrees to complete WORK for FINAL ACCEPTANCE within 180 working days after the
date when the CONTRACT commences to run as provided in the General Conditions.
END OF SECTION
CRY OF FORT WORTH
STANDARD CONSTRUCTION BID PROPOSAL-DEVELOPER AWARDED PROJECTS
Form Rnisal A.g s 1,2019 Pape 3 d 3 110 42 43 B,d Proposal-"Imddmn NS411 Wattt Lme
7/27/2020 M&C Review
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORTWORTII
DATE: 5/19/2020 REFERENCE M&C 20- LOG NAME: 60TRADITION OFFSITE NS3
NO.: 0345 WATER LINE
CODE: C TYPE: NON- PUBLIC NO
CONSENT HEARING:
SUBJECT. Authorize Execution of a Community Facilities Agreement with HT HWY 114 Development
LP with City Participation in an Amount Not to Exceed $5,911,959.00 for Oversizing Water
Mains in the Vicinity West of FM 156 and Highway 114 to Serve Tradition Central
Development and Anticipated Future Growth in North Fort Worth, Adopt Resolution
Expressing Official Intent to Reimburse Expenditures with Proceeds of Future Debt, and
Adopt Appropriation Ordinance (COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of a Community Facilities Agreement with HT HWY 114 Development LP with
City Participation in an amount not to exceed $5,911,959.00, for oversizing water mains in the
vicinity west of FM 156 and SH 114 to serve Tradition Central Development and anticipated future
growth in north Fort Worth (City Project Number 102240);
2. Adopt the attached Resolution Expressing Official Intent to Reimburse Expenditures with Proceeds
of Future Debt for CFA-Tradition Offsite Water Line NS3 project; and
3. Adopt the attached Appropriation Ordinance increasing appropriations in the Water & Sewer Capital
Project 2020A Fund in the amount of $5,911,959.00 from available funds, to fund the CFA-
Tradition Offsite Water Line NS 3 project.
DISCUSSION:
HT HWY 114 Development LP (Developer) is constructing the Tradition Central Development
(Development) located north of Highway 114 and west of Interstate 35W on FM 156. The Water Department
would like to cost participate in the construction to: oversize a proposed 30-inch water main to a 36-inch
water main approximately 9545 linear feet; oversize a proposed 24-inch water main to a 36-inch water main
approximately 10,430 linear feet to SH 114; and to oversize a 12-inch water main to a 16-inch water main
approximately 2,070 linear feet. Additional, to these oversizing of water main, the City will also cost
participate for the pressure plane valve at 100\%, which is requested by City for transfer water between
pressure planes and not related to oversizing. The oversized water mains will serve the Tradition Central
Development and anticipated future growth in north Fort Worth.
Tradition Offsite Water line NS3 project assigned City Project No. 102240 Accela System Record IPRC19-
0164.
Construction of the water mains will be publicly bid. Public Bid opens on May 14th, 2020. The City's cost
participation in the construction and oversizing of the water mains is estimated to be in an amount not to
exceed $5,911,959.00 as shown in the table below:
ater Line Developer -[City Cost Total Cost
Construction Cost
1. Water $5,745,174.00 $4,925,695.00 $10,670,869.00
2. Sewer Iso Iso $0
[ontingency 20\% -1$1,149,035.00 $985,139.00�$2,134,174.00
1onstruction Fees T 1
B $8. Inspection Fee 5,015.00 �980.00 �$85,995.00
C. Material Testing �$16,490.00 1$145.00 $16,635.00
apps.cfwnet.org/council_packet/mc_review.asp?I D=27914&councildate=5/19/2020 1/2
7/27/2020 M&C Review
Fee
Total Project Cost * $6,995,714.00 $5,911,959.00 $12,907.673.00
The reimbursement of the 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.
This project is anticipated to be included in a future revenue bond issue for the Water and 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 this project until debt is issued. To the extent resources other than the Water and Sewer
portfolio are used to provide interim financing, the Water and Sewer Fund will be charged interest that is
equivalent to the overall rate of return being earned by the City portfolio (currently approximately 2.3 percent
annually). Should the City's portfolio not support the liquidity needed to provide an interim short-term
financing source, another funding source will be required, which could mean issuance of securities under the
CP Program or earlier issuance of Water and Sewer revenue bonds than is currently planned. 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.
The City Council approved the Water Department's Fiscal Year 2020-2024 Five Year Capital Improvement
Plan on September 17, 2019. This City Council adopted plan includes this specific project, with funding
identified through the CP program to be reimbursed with future revenue bonds. In accordance with the
provisions of the Financial Management Policy Statement, Staff anticipates presenting revenue-supported
debt issuances to the City Council for consideration within the next three years. This debt must be issued
within approximately three years to provide reimbursement for these expenses. If that does not occur, the
costs will no longer be reimbursable by issuing tax-exempt debt and the funding source will have to be made
whole through budgetary methods. Adoption of this resolution does not obligate the City to sell bonds, but
preserves the ability to reimburse the City from tax-exempt bond proceeds.
This development is located in Council District 7.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinance, funds will be available in the Water and Sewer Capital Project 2020A (WS
Capital Project 2020A) Fund Tradition NS3 Offsite Project. Prior to any expenditure being incurred, the
Water Department has the responsibility to validate the availability of funds.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID I Year I (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: Soon Wong (8369)
ATTACHMENTS
60TRADITION OFFSITE NS3 WATER LINE 56017 A020 (r3).docx
NS3 EXHIBIT.pgf
apps.cfwnet.org/council_packet/mc_review.asp?ID=27914&councildate=5/19/2020 2/2