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
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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
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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;
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(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.
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(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
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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
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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.
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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 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
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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.
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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.
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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"
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City of Fort Worth,Texas Page 20 of 20
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-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)