HomeMy WebLinkAboutContract 57832City of Fort Worth, Texas Page 1 of 22
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
Received Date: _______________
Received Time: _______________
Developer and Project Information Cover Sheet:
Developers Company Name: HPC Wellington Nance Development Corporation and 170
Northstar Ranch Developer, Inc.
Address, State, Zip Code: 3001 Knox St., Suite 405 Dallas, Texas 75204
Phone & Email: (214)445-2211, ben@hanoverproperty.com
Authorized Signatory, Title: Ben Luedtke, Executive Vice President
Project Name: M-584 Sewer Line (Wellington Offsite Sewer)
Brief Description: Sewer
Project Location: West of Willow Springs Rd. and North of W Bonds Ranch Rd.
Plat Case Number: Not Provided Plat Name: Not Provided
Mapsco: 19A Council District: 7
CFA Number: CFA22-0044 City Project Number: 103521 | IPRC21-0158
Jul 14, 2022
11:55 am
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Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
City Secretary Number: _______________ 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,
HPC Wellington Nance Development Corporation, a Texas corporation (“HPC”) and 170 Northstar
Ranch Developer, Inc., a Texas corporation (“Northstar”) acting by and through their duly authorized
representatives. City, HPC and Northstar are referred to herein individually as a “party” and collectively
as the “parties.”
WHEREAS, HPC and Northstar are constructing private improvements or subdividing land within
the corporate limits of Fort Worth, Texas or its extraterritorial jurisdiction, for a project known as M-584
Sewer 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, HPC and Northstar are 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, HPC and Northstar are required to meet the
additional obligations contained in this Agreement, and HPC and Northstar 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
$5,780,769.49 to enlarge the scope of the Improvements beyond what HPC and Northstar are responsible
for constructing by oversizing the sewer main as authorized by City Council through approval of M&C 22-
0361 on May 10, 2022 (“City Participation”); and
WHEREAS, the City Participation includes reimbursement to HPC in an amount not to exceed
$5,756,729.09 for construction costs and $5,290.40 for public bidding advertisement costs. The remaining
City Participation in the amount of $18,750.00 will cover the City’s portion of construction inspection
service fees, which will not be paid to HPC or Northstar; and
WHEREAS, the City will not participate in the cost of administrative material testing service fees,
or water testing lab fees; and
57832
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Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
WHEREAS, subject to the limitations stated herein, the parties intend for City to pay 59.7% of the
construction costs, HPC to pay 31.3% of the construction costs, and Northstar to pay 9.0% of the
construction costs for the Improvements; and
WHEREAS, HPC shall pay 75% and Northstar shall pay 25% of the cost of: (1) obtaining any
approvals or permits from entities, other than the City, necessary for construction of the Improvements; (2)
IPRC engineering review fees; (3) material testing costs; and (4) administrative material testing service
fees; and
WHEREAS, HPC, Northstar 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, HPC and Northstar do hereby agree as follows:
1.
CFA 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. HPC and Northstar agree to comply
with all provisions of the CFA Ordinance in the performance of HPC’s and Northstar’s duties and
obligations pursuant to this Agreement. HPC shall cause all contractors hired by HPC 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 and Project Manual
The engineering plans for the Improvements that have been approved by the City (“Engineering
Plans”) and the Project Manual are incorporated into this Agreement by reference as if fully set out herein.
HPC and Northstar shall provide at their 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
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Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
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 Map are attached hereto and
incorporated herein for all purposes.
4.
Construction of Improvements
HPC 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 Standard City Conditions of the Construction
Contract for Developer Awarded Projects, the Project Manual, the Cost Estimates provided for the
Improvements, and this Agreement. HPC and Northstar acknowledge that City will not accept the
Improvements until the City receives affidavits and lien releases signed by HPC’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. City may at any time and without cause suspend the construction of the Improvements
by delivering a written notice to HPC, Northstar, and HPC’s contractors.
5.
Financial Guarantee
HPC and Northstar have provided the City with a financial guarantee in the form of an Escrow
Agreement in the amounts set forth in this Agreement which guarantees the construction of the
Improvements and payment by HPC and Northstar of all contractors, subcontractors, and material
suppliers for the Improvements (“Financial Guarantee”) as set forth in City Secretary Contract Number
57793 dated July 7, 2022. HPC and Northstar 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”). HPC shall complete construction of the Improvements and obtain the
City’s acceptance of the Improvements by April 15, 2024 (“Term”). If construction of the Improvements
has started during the Term, the HPC and Northstar 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
parties 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 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
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Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
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 HPC.
(b) The City may utilize the 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 HPC or Northstar breache this Agreement,
becomes insolvent, or fail to pay costs of construction.
(c) Nothing contained herein is intended to limit the HPC’s and Northstar’s obligations under the CFA
Ordinance, this Agreement, the Financial Guarantee, HPC’s agreements with HPC’s contractors,
or other related agreements.
8.
Termination
If HPC or Northstar desire to terminate this Agreement before HPC’s contractors begin
constructing the Improvements, HPC and Northstar agree to the following:
(a) that the parties must execute a termination of this Agreement in writing;
(b) that HPC and Northstar will vacate any final plats related to the Project 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) HPC will award all contracts for the construction of the Improvements and cause the
Improvements to be constructed in accordance with the CFA Ordinance.
(b) HPC 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) HPC will require HPC’s contractors to provide the City with payment and performance bonds
naming the City, HPC and Northstar as 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. HPC agrees to require HPC’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.
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Standard Community Facilities Agreement with City Participation
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(d) HPC will require HPC’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. HPC 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) HPC will require HPC’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. HPC will require HPC’s contractors to allow
construction of the Improvements to be subject to inspection at any and all times by the City’s
inspectors. HPC will require HPC’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) HPC will not allow HPC’s contractors to begin construction of the Improvements until a notice to
proceed to construction is issued by the City.
(g) HPC will not allow HPC’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) HPC shall ensure the contractors are paid the City’s wage rates in effect during construction of
the Improvements.
10.
Utilities
HPC and Northstar shall cause the installation or adjustment of utilities required to: (1) serve the
Project; and (2) to construct the Improvements required herein. If relocation of utilities are necessary for
construction of the Improvements, the parties must execute a written amendment to this Agreement to share
the cost of the utility relocations. The parties intend that the cost of any utility relocations to be split 59.7%
City, 31.3% HPC, and 9.0% Northstar.
11.
Easements and Rights-of-Way
HPC agrees to provide, at its expense, at no cost to City or Northstar, all necessary rights-of-way
and easements required for the construction and dedication to the City of the Improvements provided for
by this Agreement that will be located within the Wellington and Nance tracts as depicted in Attachment 4.
The parties previously executed a Design Procurement Agreement, City Secretary Contract Number 56778,
which addresses the cost of easements that are not located within the Wellington and Nance tracts.
12.
Liability and Indemnification
(a) HPC AND NORTHSTAR HEREBY RELEASE AND AGREE TO INDEMNIFY, DEFEND
AND HOLD THE CITY HARMLESS FOR ANY INADEQUACIES IN THE PRELIMINARY
PLANS, SPECIFICATIONS, ENGINEERING PLANS, AND COST ESTIMATES
SUPPLIED BY HPC OR NORTHSTAR FOR THIS AGREEMENT.
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Standard Community Facilities Agreement with City Participation
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(b) HPC AND NORTHSTAR COVENANT AND AGREE TO, AND BY THESE PRESENTS DO
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 ON ACCOUNT
OF ANY INJURIES OR DAMAGES SUSTAINED BY ANY PERSONS, INCLUDING DEATH,
OR TO ANY PROPERTY, RESULTING FROM OR IN CONNECTION WITH THE
CONSTRUCTION, DESIGN, PERFORMANCE OR COMPLETION OF ANY WORK TO BE
PERFORMED BY HPC OR NORTHSTAR, THEIR CONTRACTORS, SUBCONTRACTORS,
OFFICERS, AGENTS OR EMPLOYEES, OR IN CONSEQUENCE OF ANY FAILURE TO
PROPERLY SAFEGUARD THE WORK, OR ON ACCOUNT OF ANY ACT, INTENTIONAL
OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID HPC OR NORTHSTAR, THEIR
CONTRACTORS, SUB-CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES..
(c) HPC AND NORTHSTAR WILL REQUIRE THEIR 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 IN ANY WAY
CONNECTED WITH, THE CONSTRUCTION OF THE IMPROVEMENTS
CONTEMPLATED HEREIN. FURTHER, HPC 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 IN ACCORDANCE
WITH ALL PLANS AND SPECIFICATIONS.
13.
Right to Enforce Contracts
Upon completion of all work associated with the construction of the Improvements, HPC 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, HPC 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, HPC and Northstar have paid to the City their respective
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 HPC and Northstar. If the actual costs of the fees are more than the
estimated payments made by HPC and Northstar, HPC and Northstar 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 HPC and Northstar, the City will refund the difference to HPC and Northstar.
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Standard Community Facilities Agreement with City Participation
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If the difference between the actual costs and the estimated payments made by HPC and Northstar is less
than fifty dollars ($50.00), the City will not issue a refund and HPC and Northstar will not be responsible
for paying the difference. The financial guarantee will not be released by the City or returned to HPC and
Northstar until reconciliation has been completed by the City and any fees owed to the City have been paid
by HPC and Northstar.
15.
Material Testing
The City maintains a list of pre-approved material testing laboratories. HPC and Northstar
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 to HPC and Northstar. If the Improvements being constructed
fail a test, HPC and Northstar must correct or replace the Improvements until the Improvements pass all
retests. HPC and Northstar 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 HPC and Northstar 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:
CITY: HPC:
Development Coordination Office HPC Wellington Nance Development
City of Fort Worth Corporation
200 Texas Street 3001 Knox St., Suite 405
Fort Worth, Texas 76102 Dallas, Texas 75204
With copies to: NORTHSTAR:
City Attorney's Office 170 Northstar Ranch Developer, Inc
City of Fort Worth 3045 Lackland Road
200 Texas Street Fort Worth, TX 76116-4121
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
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Standard Community Facilities Agreement with City Participation
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mailed or delivered to the other party hereto.
17.
Right to Audit
HPC and Northstar agree 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 HPC and Northstar involving
transactions relating to this Agreement. HPC and Northstar agree that the City shall have access during
normal working hours to all necessary HPC and Northstar 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 HPC and Northstar reasonable advance notice of intended audits.
HPC further agrees to include in all contracts with HPC’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 HPC’s contractors reasonable advance notice of intended audits.
18.
Independent Contractor
It is expressly understood and agreed that HPC and Northstar, and their 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, HPC and Northstar shall have the exclusive right to control the details of their operations
and activities and be solely responsible for the acts and omissions of their employees, representatives,
agents, servants, officers, contractors, subcontractors, and volunteers. HPC and Northstar acknowledges
that the doctrine of respondeat superior shall not apply as between the City and its officers, representatives,
agents, servants and employees, and HPC and Northstar and their employees, representatives, agents,
servants, officers, contractors, subcontractors, and volunteers. HPC and Northstar further agree that nothing
herein shall be construed as the creation of a partnership or joint enterprise between City and HPC or
Northstar. It is further understood that the City shall in no way be considered a co-employer or a joint
employer of HPC and Northstar or any employees, representatives, agents, servants, officers, contractors,
subcontractors, and volunteers of HPC or Northstar. Neither HPC nor Northstar, nor any officers, agents,
servants, employees or subcontractors of HPC or Northstar shall be entitled to any employment benefits
from the City. HPC and Northstar shall be responsible and liable for any and all payment and reporting
of taxes on behalf of themselves, 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.
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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.
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, HPC and Northstar, 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
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HPC and Northstar acknowledge 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 meanings ascribed to those terms by Chapter 2271 of the Texas
Government Code. To the extent that Chapter 2271 of the Government Code is applicable to this
Agreement, by signing this Agreement, HPC and Northstar certify that their signatures provide written
verification to the City that HPC and Northstar: (1) do not boycott Israel; and (2) will not boycott Israel
during the term of this Agreement.
26.
Prohibition on Boycotting Energy Companies
HPC and Northstar acknowledge 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 meanings 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, HPC and Northstar certify that HPC’s and
Northstar’s signatures provide written verification to the City that HPC and Northstar: (1) do 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
HPC and Northstar acknowledge 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
against a firearm entity or firearm trade association,” “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, HPC and Northstar certify that HPC’s and Northstar’s
signatures provides written verification to the City that HPC and Northstar: (1) do 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
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The requirements of Subchapter J, Chapter 552, Government Code, may apply to this Agreement
and HPC and Northstar agree that the Agreement can be terminated if HPC or Northstar knowingly or
intentionally fails to comply with a requirement of that subchapter. HPC and Northstar acknowledge 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, HPC and Northstar 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 HPC or Northstar 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 HPC and Northstar; 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
HPC and Northstar shall verify the identity and employment eligibility of their employees who
perform work under this Agreement, including completing the Employment Eligibility Verification Form
(I-9). Upon request by City, HPC and Northstar shall provide City with copies of all I-9 forms and
supporting eligibility documentation for each employee who performs work under this Agreement. HPC
and Northstar 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 HPC or Northstar employee who is not legally eligible
to perform such services. HPC AND NORTHSTAR SHALL INDEMNIFY CITY AND HOLD CITY
HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF
THIS PARAGRAPH BY HPC OR NORTHSTAR, HPC’S OR NORTHSTAR’S EMPLOYEES,
SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to HPC and Northstar,
shall have the right to immediately terminate this Agreement for violations of this provision by HPC or
Northstar.
30.
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, HPC and
Northstar.
31.
Assignment and Successors
HPC and Northstar shall not assign or subcontract all or any part of their 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
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Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
The provisions and conditions of this Agreement are solely for the benefit of the City, HPC and
Northstar, and any lawful assign or successor of HPC or Northstar, 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
HPC and Northstar, and their 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 HPC or Northstar any such violation on the
part of HPC or Northstar or any of their officers, agents, servants, employees, or subcontractors, then HPC
and Northstar shall immediately desist from and correct such violation.
34.
Signature Authority
Each person signing this Agreement on behalf of HPC and Northstar warrant that he or she has the
legal authority to execute this Agreement on behalf of HPC or Northstar, 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 A greement
This written instrument, together with any attachments, exhibits, and appendices, constitutes the
entire understanding between the City, HPC and Northstar 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.
37.
City Participation; Fiscal Funding Limitation
(a) City will pay HPC 59.7% of the construction costs of the Improvements in an amount not to exceed
$5,756,729.09 and will pay HPC 59.7% of the public bidding advertisement costs in an amount not
to exceed $5,290.40. The remaining City Participation in the amount not to exceed $18,750.00
shall not be paid to HPC or Northstar by the City, but will be used by the City to pay the City’s
share (15%) of the construction inspection service fees. The City will not participate in the cost of
administrative material testing service fees, or water testing lab fees. The City shall not be liable
to Northstar for any costs related to this Agreement. HPC must register as a Vendor of the City in
order for the City Participation to be paid to HPC. HPC shall pay 75% and Northstar shall pay
25% of the cost of: (1) obtaining any approvals or permits from entities, other than the City,
necessary for construction of the Improvements; (2) IPRC engineering review fees; (3) material
testing costs; and (4) administrative material testing service fees. The cost of any charge orders
City of Fort Worth, Texas Page 14 of 22
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
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) As construction of the Improvements commences, HPC will receive applications for payment from
HPC’s contractor. HPC shall verify that each application for payment is due and payable under the
construction contract between HPC and the contractor and that the Improvements that are the
subject of the application for payment have been constructed. HPC shall submit payment requests
to the City, in the form of an invoice, no more frequently than every thirty days in order to obtain
reimbursement of the City Participation (each a “Payment Request”). Each Payment Request shall
be delivered to the City through the City’s BIM 360 software system.
(c) Each Payment Request may seek reimbursement of 59.7% of the Improvements that have been
constructed. Commencing with the second Payment Request, HPC shall provide an affidavit of
payment and lien release signed by the HPC’s contractor covering the amount of the previous
Payment Request. Each affidavit and lien release shall verify HPC’s payment to the contractor for
the previous Payment Requests and the contractor’s payment to all subcontractors and material
suppliers of all amounts owed in connection with the previous Payment Requests. The City shall
pay the amount of each Payment Request to HPC within 30 days after receiving the invoice. City
shall have no obligation to pay HPC for the second Payment Request or any subsequent Payment
Request until HPC provides the City with the affidavit of payment and lien release signed by HPC’s
contractor verifying HPC’s payment to the contractor for the previous Payment Requests and the
contractor’s payment to all subcontractors and material suppliers of all amounts owed in connection
with the previous Payment Requests.
(d) Substantial completion of the Improvements shall occur after HPC’s Contractors notify the City
that the Improvements are constructed and ready for their intended use, the City and HPC’s
contractor 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 HPC. Retainage
shall be paid by City to HPC 30 days after the Improvements are constructed and accepted by the
City and HPC delivers an invoice to the City. Northstar will withhold 5% in retainage for each
payment Northstar makes to HPC during construction. HPC will withhold 5% retaining from each
payment HPC makes to HPC’s contractor for HPC’s share of the sewer main.
(e) 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.
Connection to Sewer Line
(a) HPC has requested to construct the sewer in two phases in order for the southern portion of the
sewer (“Segment 1”) to be used while the northern portion of the sewer (“Segment 2”) is still under
construction. The offsite sewer is designed as two units, Segment 1 and Segment 2, under one set
of construction plans with one City project number, one contract between HPC and the contractor
and one community facilities agreement. The City will allow the school and any residential
subdivision developments located within the preliminary plat known as the Nance Tract PP-21-007
( “Nance Tract”), as well as any other developments for which City determines Segment 1 has
City of Fort Worth, Texas Page 15 of 22
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
capacity to connect to Segment 1, after Segment 1 has been fully constructed (including but not
limited to passing CCTV and vacuum testing, installation of epoxy manhole linings, installation of
sewer location markers, and installation of seeding or sod), and passed inspection by the City and
the City’s Construction Inspection Office and Water Department field operations personnel, and
the City consents to the connection.
(b) The following outlines the timing and procedures related to HPC’s connection to Segment 1 and
Segment 2:
(1) The Improvements will consist of: one City project number; one off-site sewer construction
plan set with part 1 and 2 for Segments 1 and 2 respectively; one CFA for both Segments
of the off-site sewer; and one prequalified contractor to perform all off-site sewer work.
Segment 1 shall be the portion of the off-site sewer south of design point 3 (DP3) as
depicted in Attachment 4. Segment 2 shall be the portion of the off-site sewer from design
point 3 (DP3) as depicted in Attachment 4, north to the Northstar property.
(2) The off-site sewer will be publicly bid in compliance with the City’s public bid
requirements & processes, which the MUD agrees are sufficient for reimbursement.
(3) The school and residential subdivision CFA(s) within the Nance Tract Preliminary Plat
(“Subdivision CFA”) may be executed after This Agreement is executed. Completion
agreements may be used for the Subdivision CFAs for all infrastructure located within the
platted boundaries. The completion agreement(s) cannot be used for any infrastructure
outside the platted boundaries. Separate financial guarantees for infrastructure outside the
platted boundaries must be provided.
(4) A hold will be placed on the Subdivision CFA(s) until Segment 1 is final accepted. Final
acceptance shall mean the issuance of a letter by the City indicating that Segment 1 has
been constructed in accordance with the City’s standards, but shall not mean the execution
of a greensheet or the maintenance bonds for Segment 1 becoming effective.
(5) The off-site sewer CFA must have a preconstruction meeting and go to construction before
or at the same time as the Subdivision CFA(s).
(6) Before Segment 1 is final accepted, all routine testing of the Segment 1 sewer main must
be completed with passing results and CCTV of the Segment 1 sewer main and all
manholes in the Segment 1 sewer main, including their linings, shall be completed,
reviewed and accepted by the City.
(7) Segment 1 must be final accepted before Segment 2 and any Subdivision CFA
infrastructure is accepted.
(8) Subdivision CFA(s) infrastructure must be completed, have a final inspection conducted,
all punch list items must be addressed to the satisfaction of the City, and must be final
accepted by the City after Segment 1 is final accepted.
(9) Subdivision final plats within the Nance Tract will follow the City’s standard plat filing
and approval process. Final acceptance of Segment 1 is required prior to approval of the
final plats.
City of Fort Worth, Texas Page 16 of 22
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
(10) Residential building permits will not be issued for any subdivision until all fees are paid
and the final plat for the subdivision is filed with the City and recorded with the County.
(11) The certificate of occupancy for any structure within the Nance Tract cannot be issued until
Segment 1 is final accepted by the City.
(12) Any remobilization of the subcontractors for the Segment 2 CCTV and manhole linings
shall be the sole cost of HPC.
(13) Construction of Segment 1 and Segment 2 shall be completed and final accepted by April
15, 2024.
(14) Segment 2 cannot be final accepted by the City until all testing of Segment 2 is completed
with passing results and the CCTV and all manholes in Segment 2, including linings, is
completed, reviewed and accepted by the City.
(15) No connections can be made to Segment 2 until the entire sewer line (Segment 1 and
Segment 2) is completed and accepted by the City.
(16) Due to the increased cost associated with constructing in two units, such as remobilization
costs for subcontractors performing CCTV, vacuum testing, epoxy lining, marker
installation, seeding and sod, HPC will be responsible for all additional incremental costs
solely related to constructing in two Segments instead of one Segment as a separate line
item outside the cost share percentage split. HPC will be responsible for ensuring that the
bid documents clearly indicate that the project will be constructed in two Segments and
have a line item for the bidders to indicate the additional costs attributable to constructing
the project in Segments. While Segment 1 will be accepted by the City and used by the
subdivision(s) prior to the acceptance of Segment 2, the entire sewer line is not accepted
by the City and the maintenance bonds will not be effective until the green sheet for the
entire sewer line is executed by the City’s Assistant City Manager.
39.
Sewer Capacity and Recovery Charges
Each party is entitled to its proportional share of capacity in the sewer main based on the party’s
monetary participation in this Agreement (59.7% City, 31.3% HPC, and 9% Northstar). Each party’s
capacity cannot be re-allocated without its written consent. Land within the designated Wellington, Nance
and Northstar Ranch service areas will not be subject to per acre or other capital recovery charges. The
City, Northstar, and HPC’s Wellington and Nance tracts are eligible for the prorated share of the portion of
the sewer main from the existing connection point to south of HPC’s Nance property. HPC’s Wellington
and Nance tracts will not be eligible for any prorata share reimbursement related to the portion of the sewer
main through the Nance and Wellington properties since construction of the sewer main on those properties
by HPC is a requirement of the City of Fort Worth Water Department’s Installation Policy and Design
Criteria for Water, Wastewater, and Reclaimed Water Infrastructure. Northstar and the City will be eligible
for the prorated share reimbursement through the Wellington and Nance properties to the most northern
portion of the sewer.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
City of Fort Worth, Texas Page 17 of 22
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
City of Fort Worth, Texas Page 18 of 22
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
40.
Cost Summary Sheet
Project Name: M-584 Sewer Line
CFA No.: CFA22-0044 IPRC No. IPRC21-0158 City Project No.: 103521
City of Fort Worth, Texas Page 19 of 22
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
IN WITNESS WHEREOF, the City, HPC and Northstar 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
Dana Burghdoff
Assistant City Manager
Date: __________________
Recommended by:
Jennifer Ezernack
Contract Compliance Specialist
Development Services Department
Approved as to Form & Legality:
Richard A. McCracken
Sr. Assistant City Attorney
M&C No. 22-0361
Date:
Form 1295: 2022-868537
ATTEST:
Jannette Goodall
City Secretary
HPC:
HPC Wellington Nance Development
Corporation
By:
Name: Ben Luedtke
Title: Executive Vice President
Date:
Northstar:
170 Northstar Ranch Developer, Inc
By:
Name: Kim Gill
Title: Vice President
Date:
Contract Compliance Manager:
By signing, I acknowledge that I am the person
responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
Janie Scarlett Morales
Development Manager
Jul 11, 2022
Kim Gill (Jul 11, 2022 14:11 MDT)
Jul 11, 2022
Jennifer Ezernack (Jul 11, 2022 15:11 CDT)
Jennifer Ezernack
Janie Scarlett Morales (Jul 11, 2022 15:13 CDT)
Janie Scarlett Morales
Richard A. McCracken (Jul 11, 2022 16:27 CDT)
Jul 11, 2022
Dana Burghdoff (Jul 12, 2022 15:00 CDT)
Dana Burghdoff
Jul 12, 2022
Jannette S. Goodall (Jul 13, 2022 14:37 CDT)
Jannette S. Goodall
City of Fort Worth, Texas Page 20 of 22
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
☒Attachment 1 - Changes to Standard Community Facilities Agreement
☐Attachment 2 – Phased CFA Provisions
☐Attachment 3 – Concurrent CFA Provisions
☒Attachment 4 – Basins Map
☒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
☒M&C 22-0361
☒Executed Escrow Pledge Agreement
(Remainder of Page Intentionally Left Blank)
City of Fort Worth, Texas Page 21 of 22
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
ATTACHMENT 1
Changes to Standard Community Facilities Agreement
City Project No. 103521
Negotiated changes are contained in the body of this Agreement.
City of Fort Worth, Texas Page 22 of 22
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
ATTACHMENT 4
Basins Map
Date\Time : 3/2/2022 11:51 AM User Name : Laura PrestonPath\Name : s:\ntx-land\0011\400 land\465 cfa\m-584\cfa exhibits - vicinity map.dwg6060 North Central Expressway Phone 469.621.0710
Suite 400
Dallas, T exas 75206 FRN - F -1386
PROJECT
LOCATION
NOT TO SCALE
M-584 SEWER LINE
CPN 103521
IPRC21-0158
Date\Time : 3/2/2022 11:52 AM User Name : Laura PrestonPath\Name : s:\ntx-land\0011\400 land\465 cfa\m-584\cfa exhibits - sewer.dwg6060 North Central Expressway Phone 469.621.0710
Suite 400
Dallas, T exas 75206 FRN - F -1386
CPN 103521
IPRC21-0158
0 2000 4000
M-584 SEWER LINE
EXHIBIT 'A1'
SEWER
00 42 47
DAP- BID PROPOSAI
Yage I of]
secnoN oo az as
Developer Awarded Projects - PROPOSAL FORM
M-584
UNIT PRICE BID
Bidlist Itcm
No.
I
2A•
2B'
3A•
3B•
4A•
4B•
SA"
SB"
6
7
S
9
IOA'
IOB'
IIA"
116'
12
13
14
IS
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Description
Pmjcc� ticm Informauon
Specification Section No. Uuit of
Mcavwc
Bidder's Application
Bidders Proposal
Unit Pricc Bid Valuc
r is to bid eithcr item 2A or 2B for 21" Pipc, cithcr item 3A or 3B for 21" Pipc with CSS Backfill, cithcr item 4A or 4B for 24" Pipe, eithcr item SA or 56 for 24" Pipc with
11 eit6cr l0A or 10B for 27" Pipe, and cither 11A or 116 for 27" Pipe with CSS Backtill
3331.4115 8" Sewer Pipe PVC 33 I 1 10 33 31 12 33 31 20 LF I 10 � 180.00 S 19 800.00
3331.4308 21" PSI l5 ASTM F679 PVC 33 I 1 10, 33 31 13 33 3l 20 33 31 21 LF 2,701 S 260.00 S 702,260.00
3331.431 I 21" FRP D3262 SN72 Sewer Pipe 33 31 13 LF 2,701 a _
3331.4309 21" PSI15 ASTM F679 PVC CSS Backfill 33 1 I 10, 33 31 13 33 31 20, 33 31 21 LF 51 S 290.00 S Iq 790.00
3331.4312 21" FRP D3262 SN72 Sewer Pi�e CSS Backfill 33 31 13 LF 51 g _
3331.4317 24" PSI IS ASTM F679 PVC 32 I I 10, 33 3I 13 33 3I 20, 33 31 21 LF 8,685 E 291.00 $ 2,527,335.00
3331.4324 24" FRP D3262 SN72 Sewer Pipe 33 31 13 LF 8,685 y _
3331.4318 24" PSI IS ASTM F679 PVC CSS Dackfill 32 I I 10, 33 31 l3 33 31 20, 33 31 21 LF 104 S 325.00 S 33,800.00
3331.4325 24" FRP D3262 SN72 Sewer Pipe, CSS Backfill 33 31 13 LF 104 a _
3331.4321 24" DIP Sewer By Open Cut 33 I I 10 LF 1,086 $ 352.00 $ 382,272.00
3331.4322 24" DIP Sewer CSS Backfill 33 I I 10 LF 75 $ 385.00 $ 28,875.00
33053010 24" DIP Sewer Carrier Pipe By Other Than Open Cut 33 OS 24 LF 1,015 � 427.00 $ 433 405.00
33053010 24" DIP Sewer Cartier Pipe By Open Cut 33 OS 24 LF 179 a 430.00 S 76 970.00
3331.4330 27" PSI l5 ASTM F679 PVC 33 I I 10, 33 31 13, 33 31 20 33 31 21 LF 105 S 340.00 S 35 700.00
3331.4333 27" FRP D3262 SN72 Sewer Pi e 33 31 13 LF 105 g _
3331.4331 27" PSI IS ASTM F679 PVC CSS Dackfill 33 I I 10, 33 31 13 33 31 20, 33 31 21 LF 20 a 375.00 S 7 500.00
3331.4334 27" FRP D3262 SN72 Sewer Pipe CSS I3ackfi1l 33 31 13 LF 20 g _
3305.1007 42" Casing Dy Open Cut 33 OS 22 LF 179 a s�o.00 a 102 030.00
3305.1202 42" Casing/funnel Liner Plate Dy Other Than Open Cut 33 OS 22 LF I,015 a I,000.00 S I 015,000.00
0171.0101 Construction Staking 01 71 23 � � S 67,000.00 S 67,000.00
0241.0100 RemoveSidewalk 024113 SF 1,620 a 5.00 S 8,100.00
0241.0500 Remove Fence 02 41 13 LF 690 $ 7.80 S 5,382.00
0241.2022 Remove 27" Sewer Line 02 41 14 LF I S a I50.00 S 2,250.00
3136.0104 Twisted Gabion Mattresses 31 36 00 CY I,170 S 270.00 S 315,900.00
3231.021 I Barbed Wire Fence, Metal Posts � 32 31 26 LF 310 $ 10.0(I S 3,100.00
3213.0301 4" Conc Sidewalk ! 32 13 20 SF 1,620 $ 6.20 S 10,044.00
3231.0306 16' Gate, Steel 32 31 26 , EA 7 a 2,800.00 S 19,600.00
3231.041 I 4' Fences, Wood 32 31 29 _ LF 380 $ 100.00 a 38,000.00
3292.0201 Utility Service Surface Restoration Seedin 32 92 13 SY 68,360 E 030 S 20,508.00
3301.0002 Post-CCTVlnspection 330131 LF 14,131 $ 1.50 $ 21,196.50
3301.0101 Manhole Vacuum Testin 33 01 30 _ EA 29 $ 280.00 a 8,120.00
i3304.0002 Cathodic Protection _ 33 04 12 LS I $ 70,000.00 g 70 ppp,pp
3305.0106 Manhole Adjushnent, Ma'or 33 OS I4 EA I S 40,000.00 $ q0,0(10.00
3305.0109 Trench Safety 33 OS 10 LF 13, I 16 S 420 g 55,087.20
3305.0110 Utility Markers 33 OS 26 _ LS 1 S 5,200.00 g S�Zpp_pp
3305.0112 Concrete Collar 33 OS 17 ! EA 29 S 560.00 $ 16,240.00
3339.0001 Epoxy Manhole Liner 33 39 60 VF 462 $ 400.00 $ 184,720.00
3339.1001 4' Manhole 32 39 10 33 39 20 EA 3 S 4,000.00 S 12,000.00
3339.1002 4' Drop Manhole 33 39 10, 33 39 20 EA I a 9,000.00 S 9,000.00
3339.1003 4' Extra Depth Manhole 34 39 10, 33 39 20 VF 30 $ 180.00 S 5,400.00
3339.1101 5' Manhole 35 39 10, 33 39 20 EA 23 $ 6,000.00 $ 138,000.00
3339.1102 5' Drop Manhole 35 39 I0, 33 39 20 EA 2 $ 9,200.00 S 18,400.00
3339.1103 5' Extra Depth Manhole 36 39 10, 33 39 20 VF 262 S 275.00 S 72,050.00
9999.0001 Connect to Existing 5' Manhole w� CoFW Approved Boot � 00 � EA '
Connector, Complete in Place (per Sheet 8) S I5,000.00 L I5,000.00
9999.0002 Removc & Replacc �xistin Gravcl Gas Well Acccss Road a1 «100 SY 100 $ 38.00 S 3,800.00
9999.0003 Wa�cr 2050-50-IP {4'), Complc�e in Placc ��� �.A 1 a 6,300.00 S 6,300.00
9999.0004 Wagcr 2050-50-IP 5' , Completc in Place 00 00 00 �,A 5 S 6,300.00 S 3I,500.00
9999.0005 Wager 3000 Manhole Scrubber 4' , Completc in Placc 00 00 00 rA 1 S 5,900.00 S 5,900.00
9999.0006 Wagcr 3000 Manhole Scrubber [5'�, Completc in Place 00 00 00 EA 6 S 5,900.00 $ 35,400.00
9999.0007 Silt Fence, Complete in Place 00 00 00 LF 1,030 E 130 S 1,339.00
9999.0008 Rock Chcck Dam, Complc�c in Placc 00 00 00 EA I O $ 1,675.00 5 16,750.00
i999.0008 As-Build Red Linc Survc 00 00 00 LS 1 S 7.250.00 S 7 75n nn
cm• oF FORr woRrH
M-584
STAI�DARD C01�'STRUCTIO� SPGCIFICATIOV DOCUMF.VT$ - DF,VF.IAPfR A WARDf.D PROIF.CT$ CPN 1035i I
Fonn Vers�on Nay 11. 2019 Addcndum 5 oo.az-0� ma�Ropoaai �,.ssa-aaarna�m.no: s
aoa�a�
DAP - AID PROPOSAI
Page ? 0(2
SECTION 00 42 43
Developer Awarded Projects - PROPOSAL FORM
M-584
UNIT PRICE BID
Projcct Item Infortna�ion
e�au5� u�m
No.
Descnpuon
Specdicauon Scetion No.
1
2
3
4A•
46'
SA'
SB•
6A•
6B•
7
8
9
10
II
12
13
14
IS
16
17
IS
19
20
21
22
23
24
25
26
27
28
29
30
3l
32
is to bid eit6cr item 4A or 46 for 18" Pipe, either item SA or 58 for 18"
3331.41 IS 8" Sewer P� e PVC
3331.4201 ]0" Sewer Pipe PVC
3331.4208 12" Sewer Pipe PVC
3331.4225 I8" PSl IS ASTM F679 PVC
3331.4232 18" FRP D3262 SN72 Sewer Pipe
3331.4226 18" PSI IS ASTM F679 PVC CSS Backfill
3331.4233 18" FRP D3262 SN72 Sewer Pipe CSS Backfill
3331.4308 21" PSI IS ASTM F679 PVC
I3331.431 I 21" FRP D3262 SN72 Sewer Pipe
0171.0101 Conswction Staking
0241.0500 Remove Fence
0241.1100 Remove As halt Pvmt
3201.0400 Tem orary Asphalt Paving Repair
3136.0104 Twisted Gabion Mattresses
3217.0001 4" SLD Pvmt Markin HAS W
3217.0002 4" SLD Pvmt Marking HAS
3231.021 I Barbed Wire Fence Metal Posts
3231.0306 16' Gate, Steel
3292.0201 Utility Service Surface Restoration Seeding _
3301.0002 Post-CC"fV Inspection
3301.0101 Manhole Vacuum Testing
3305.0109 Trench Safety
3305.0110 Utility Markers �
3305.0112 Concrere Collar
3339.00OI Epoxy Manhole Liner
3339.1001 4' Manhole
3339.1002 4' Drop Manhole
3339.1003 4'Ex[ra Depth Manhole �
3471.0001 Traflic Control
9999.0009 Remove & Replace Existing Gravel Road __
9999.0010 Remove Existing Abandonded Gas Line
9999.0011 Wager3000 Manhole Scrubber 4'
9999.0012 Silt Fence
9999.0013 Rock Check Dam
�i. � ,
ipc with CSS Backfill, and cither iten
33 I I 10, 33 31 12 33 31 20
33 1 I 10 33 31 12 33 31 20
33 1 I 10, 33 31 12 33 31 20
33 11 10, 33 31 13 33 31 20 33 31 21
33 31 13
�33 1 I I0, 33 31 13 33 31 20 33 31 21
33 31 13
33 11 10, 33 31 13 33 31 20 33 31 21
33 31 13
01 71 23
02 41 13
0241 IS
32 01 18
31 36 00
32 17 23
32 17 23
32 31 26
32 31 26
32 92 13
33 01 31
33 01 30
33 OS 10
33 OS 26
33 OS 17
33 39 60
32 39 10, 33 39 20
33 39 10, 33 39 20 _
34 39 10, 33 39 20
34 71 13 �
00 00 00 _
00 00 00
DO 00 00
DO 00 00
DO 00 00
DO 00 00
Bid Summary
UNIT I: SANITARY SEWER IMPROVEMENTS - SEGMENT 1
UNIT II: SANITARY SEWER IMPROVEMENTS - SEGMENT 2
This Bid is submined by the entlty named below:
BIDDER: Ezcel AircrelY, LLC; DBA Ezcel Trenching
F.ND OF SF.CTION
cm� oF FORr woRtti
STA�DARD CO�S1Rl:CT101: SP[CIFICATIOV DOCUMPV7S - DF: VF.IAP[R AWARDf:D PRO1fCI'$
Fmm Venion �1ey ]2, 3019 Addendum 5
Bidder's Application
a�aa�rs rro��
uo�� or
Measure
or 6B for 21" Pipe
LF 142
LF 20
LF 110
LF 2,976
LF 2,976
LF 52
LF 52
LF 5 984
LF 5,984
LS I
LF 255
SY 148
LF 35
CY 376
LF 85
LF 85
LF 255
EA 5
SY 40,032
LF 9,284
EA 27
LF 9,284
LS I
EA 27
VF 439
EA 25
EA 2
VF 277
MO 2
SY 90
LF 60
EA 10
LF 745
EA 3
LS I
NTS-SEGMENT
Unit Price � Bid Valuc
S 180.00 S 25,560.00
S 180.00 E 3 600.00
a iso.00 a 19 800.00
S 227.00 S 675,552.00
a' -
S 255.00 S 13 260.00
S -
S 260.00 b 1,555,840.00
S -
a aa.000.00 s aa,000.00
S 7.80 S 1,989.00
S 52.00 $ 7 696.00
S 335.00 a I1,725.00
s z�o.00 a ioi.s2o.00
s io.00 a sso.00
a io.00 s sso.00
a io.00 a 2 sso.00
S 2,800.00 S 14,000.00
5 0.30 S 12 009.60
S I.50 $ 13 926.00
S 280.00 S 7,560.00
S 4.20 $ 38,992.80
5 5,200.00 S 5,200.00
S 557.50 S 15,052.50
$ 370.00 S 162,356.00
S 4 I50.00 S 103 750.00
S 7,750.00 S I5,500.00
S 184.00 S 50,931.20
$ 3,900.00 S 7,800.00
S 38.00 S 3,420.00
S 98.00 S 5,880.00
S 6,000.00 S 60,000.00
S 130 $ 968.50
S 1,700.00 S 5,100.00
$6,648,273.70
BY
r
crrick Cagc
TITLF.: pp¢rulions ti7anagrr
DATE: 7 hursda�, D1arch 24, 2022
1
���i i � •:1i��.�i.S .
Y1-51c4
CPN 103531
00-0?dI bid-proposel m�58J-addmdurrvno: 5
Bid Detail
DAP - BID PROPOSAL
Page 1 of 2
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS
Form Version May 22, 2019 Wellington Sewer Cost Share Draft.xls
Project:Project Name CONSTRUCTION OF THE M-584 SANITARY SEWER INTERCEPTOR IMPROVEMENTS (SEGMENT
Project Number 103521
Bid Opening Date MARCH 24, 2022
1 3331.4115 8" Sewer Pipe PVC 33 11 10, 33 31 12, 33 31 20 LF 110 $180.00 $19,800.00
2A*3331.4308 21" PS115 ASTM F679 PVC 33 11 10, 33 31 13, 33 31 20,
LF 2701 $260.00 $702,260.00
2B*3331.4311 21" FRP D3262 SN72 Sewer Pipe 33 31 13 LF 2701
3A*3331.4309 21" PS115 ASTM F679 PVC, CSS Backfill 33 11 10, 33 31 13, 33 31 20,
LF 51 $290.00 $14,790.00
3B*3331.4312 21" FRP D3262 SN72 Sewer Pipe, CSS 33 31 13 LF 51
4A*3331.4317 24" PS115 ASTM F679 PVC 32 11 10, 33 31 13, 33 31 20,
LF 8685 $291.00 $2,527,335.00
4B*3331.4324 24" FRP D3262 SN72 Sewer Pipe 33 31 13 LF 8685
5A*3331.4318 24" PS115 ASTM F679 PVC, CSS Backfill 32 11 10, 33 31 13, 33 31 20,
LF 104 $325.00 $33,800.00
5B*3331.4325 24" FRP D3262 SN72 Sewer Pipe, CSS 33 31 13 LF 104
6 3331.4321 24" DIP Sewer By Open Cut 33 11 10 LF 1086 $352.00 $382,272.00
7 3331.4322 24" DIP Sewer, CSS Backfill 33 11 10 LF 75 $385.00 $28,875.00
8 3305.3010 24" DIP Sewer Carrier Pipe By Other Than
33 05 24 LF 1015 $427.00 $433,405.00
9 3305.3010 24" DIP Sewer Carrier Pipe By Open Cut 33 05 24 LF 179 $430.00 $76,970.00
10A*3331.4330 27" PS115 ASTM F679 PVC 33 11 10, 33 31 13, 33 31 20,
LF 105 $340.00 $35,700.00
10B*3331.4333 27" FRP D3262 SN72 Sewer Pipe 33 31 13 LF 105
11A*3331.4331 27" PS115 ASTM F679 PVC, CSS Backfill 33 11 10, 33 31 13, 33 31 20,
LF 20 $375.00 $7,500.00
11B*3331.4334 27" FRP D3262 SN72 Sewer Pipe, CSS 33 31 13 LF 20
12 3305.1007 42" Casing By Open Cut 33 05 22 LF 179 $570.00 $102,030.00
13 3305.1202 42" Casing/Tunnel Liner Plate By Other
33 05 22 LF 1015 $1,000.00 $1,015,000.00
14 0171.0101 Construction Staking 01 71 23 LS 1 $67,000.00 $67,000.00
15 0241.0100 Remove Sidewalk 02 41 13 SF 1620 $5.00 $8,100.00
16 0241.0500 Remove Fence 02 41 13 LF 690 $7.80 $5,382.00
17 0241.2022 Remove 27" Sewer Line 02 41 14 LF 15 $150.00 $2,250.00
18 3136.0104 Twisted Gabion Mattresses 31 36 00 CY 1170 $270.00 $315,900.00
19 3231.0211 Barbed Wire Fence, Metal Posts 32 31 26 LF 310 $10.00 $3,100.00
20 3213.0301 4" Conc Sidewalk 32 13 20 SF 1620 $6.20 $10,044.00
21 3231.0306 16' Gate, Steel 32 31 26 EA 7 $2,800.00 $19,600.00
22 3231.0411 4' Fences, Wood 32 31 29 LF 380 $100.00 $38,000.00
23 3292.0201 Utility Service Surface Restoration Seeding 32 92 13 SY 68360 $0.30 $20,508.00
24 3301.0002 Post-CCTV Inspection 33 01 31 LF 14131 $1.50 $21,196.50
25 3301.0101 Manhole Vacuum Testing 33 01 30 EA 29 $280.00 $8,120.00
26 3304.0002 Cathodic Protection 33 04 12 LS 1 $70,000.00 $70,000.00
27 3305.0106 Manhole Adjustment, Major 33 05 14 EA 1 $40,000.00 $40,000.00
28 3305.0109 Trench Safety 33 05 10 LF 13116 $4.20 $55,087.20
29 3305.0110 Utility Markers 33 05 26 LS 1 $5,200.00 $5,200.00
30 3305.0112 Concrete Collar 33 05 17 EA 29 $560.00 $16,240.00
31 3339.0001 Epoxy Manhole Liner 33 39 60 VF 461.8 $400.00 $184,720.00
32 3339.1001 4' Manhole 32 39 10, 33 39 20 EA 3 $4,000.00 $12,000.00
33 3339.1002 4' Drop Manhole 33 39 10, 33 39 20 EA 1 $9,000.00 $9,000.00
34 3339.1003 4' Extra Depth Manhole 34 39 10, 33 39 20 VF 30 $180.00 $5,400.00
35 3339.1101 5' Manhole 35 39 10, 33 39 20 EA 23 $6,000.00 $138,000.00
36 3339.1102 5' Drop Manhole 35 39 10, 33 39 20 EA 2 $9,200.00 $18,400.00
37 3339.1103 5' Extra Depth Manhole 36 39 10, 33 39 20 VF 262 $275.00 $72,050.00
38 9999.0001 Connect to Existing 5' Manhole w/ CoFW
00 00 00 EA 1 $15,000.00 $15,000.00
39 9999.0002 Remove & Replace Existing Gravel Gas
00 00 00 SY 100 $38.00 $3,800.00
40 9999.0003 Wager 2050-50-IP (4'), Complete in Place 00 00 00 EA 1 $6,300.00 $6,300.00
41 9999.0004 Wager 2050-50-IP (5'), Complete in Place 00 00 00 EA 5 $6,300.00 $31,500.00
42 9999.0005 Wager 3000 Manhole Scrubber (4'),
00 00 00 EA 1 $5,900.00 $5,900.00
43 9999.0006 Wager 3000 Manhole Scrubber (5'), Complete in Place 00 00 00 EA 6 5900 $35,400.00
44 9999.0007 Silt Fence, Complete in Place 00 00 00 LF 1030 $1.30 $1,339.00
45 9999.0008 Rock Check Dam, Complete in Place 00 00 00 EA 10 $1,675.00 $16,750.00
46 9999.0008 As-Build Red Line Survey 00 00 00 LS 1 $7,250.00 $7,250.00
SUM $6,648,273.70
1 3331.4115 8" Sewer Pipe PVC 33 11 10, 33 31 12, 33 31 20 LF 142 $180.00 $25,560.00
2 3331.4201 10" Sewer Pipe PVC 33 11 10, 33 31 12, 33 31 20 LF 20 $180.00 $3,600.00
3 3331.4208 12" Sewer Pipe PVC 33 11 10, 33 31 12, 33 31 20 LF 110 $180.00 $19,800.00
4A*3331.4225 18" PS115 ASTM F679 PVC 33 11 10, 33 31 13, 33 31 20,
LF 2976 $227.00 $675,552.00
4B*3331.4232 18" FRP D3262 SN72 Sewer Pipe 33 31 13 LF 2976
5A*3331.4226 18" PS115 ASTM F679 PVC, CSS Backfill 33 11 10, 33 31 13, 33 31 20,
LF 52 $255.00 $13,260.00
UNIT II: SANITARY SEWER IMPROVEMENTS - SEGMENT 2
1) Excel Aircraft LLC dba Excel Trenching
Bid ValueBid Quantity
UNIT I: SANITARY SEWER IMPROVEMENTS - SEGMENT 1
Bidlist Item
No.Unit Price
UNIT PRICE BID Bidder's Application
Specification Section No.Unit of
Measure
Project Item Information IPRC21-0158 CPN 103521
Description
Bid Detail
DAP - BID PROPOSAL
Page 2 of 2
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS
Form Version May 22, 2019 Wellington Sewer Cost Share Draft.xls
Project:Project Name CONSTRUCTION OF THE M-584 SANITARY SEWER INTERCEPTOR IMPROVEMENTS (SEGMENT
Project Number 103521
Bid Opening Date MARCH 24, 2022
1) Excel Aircraft LLC dba Excel Trenching
Bid ValueBid QuantityBidlist Item
No.Unit Price
UNIT PRICE BID Bidder's Application
Specification Section No.Unit of
Measure
Project Item Information IPRC21-0158 CPN 103521
Description
5B*3331.4233 18" FRP D3262 SN72 Sewer Pipe, CSS 33 31 13 LF 52
6A*3331.4308 21" PS115 ASTM F679 PVC 33 11 10, 33 31 13, 33 31 20,
LF 5984 $260.00 $1,555,840.00
6B*3331.4311 21" FRP D3262 SN72 Sewer Pipe 33 31 13 LF 5984
7 0171.0101 Construction Staking 01 71 23 LS 1 $44,000.00 $44,000.00
8 0241.0500 Remove Fence 02 41 13 LF 255 $7.80 $1,989.00
9 0241.1100 Remove Asphalt Pvmt 02 41 15 SY 148 $52.00 $7,696.00
10 3201.0400 Temporary Asphalt Paving Repair 32 01 18 LF 35 $335.00 $11,725.00
11 3136.0104 Twisted Gabion Mattresses 31 36 00 CY 376 $270.00 $101,520.00
12 3217.0001 4" SLD Pvmt Marking HAS (W)32 17 23 LF 85 $10.00 $850.00
13 3217.0002 4" SLD Pvmt Marking HAS (Y)32 17 23 LF 85 $10.00 $850.00
14 3231.0211 Barbed Wire Fence, Metal Posts 32 31 26 LF 255 $10.00 $2,550.00
15 3231.0306 16' Gate, Steel 32 31 26 EA 5 $2,800.00 $14,000.00
16 3292.0201 Utility Service Surface Restoration Seeding 32 92 13 SY 40032 $0.30 $12,009.60
17 3301.0002 Post-CCTV Inspection 33 01 31 LF 9284 $1.50 $13,926.00
18 3301.0101 Manhole Vacuum Testing 33 01 30 EA 27 $280.00 $7,560.00
19 3305.0109 Trench Safety 33 05 10 LF 9284 $4.20 $38,992.80
20 3305.0110 Utility Markers 33 05 26 LS 1 $5,200.00 $5,200.00
21 3305.0112 Concrete Collar 33 05 17 EA 27 $557.50 $15,052.50
22 3339.0001 Epoxy Manhole Liner 33 39 60 VF 438.8 $370.00 $162,356.00
23 3339.1001 4' Manhole 32 39 10, 33 39 20 EA 25 $4,150.00 $103,750.00
24 3339.1002 4' Drop Manhole 33 39 10, 33 39 20 EA 2 $7,750.00 $15,500.00
25 3339.1003 4' Extra Depth Manhole 34 39 10, 33 39 20 VF 276.8 $184.00 $50,931.20
26 3471.0001 Traffic Control 34 71 13 MO 2 $3,900.00 $7,800.00
27 9999.0009 Remove & Replace Existing Gravel Road 00 00 00 SY 90 $38.00 $3,420.00
28 9999.0010 Remove Existing Abandonded Gas Line 00 00 00 LF 60 $98.00 $5,880.00
29 9999.0011 Wager 3000 Manhole Scrubber (4')00 00 00 EA 10 $6,000.00 $60,000.00
30 9999.0012 Silt Fence 00 00 00 LF 745 $1.30 $968.50
31 9999.0013 Rock Check Dam 00 00 00 EA 3 $1,700.00 $5,100.00
32 9999.0013 As-Build Red Line Survey 00 00 00 LS 1 $7,250.00 $7,250.00
SUM $2,994,488.60
Bid Summary
UNIT I: SANITARY SEWER IMPROVEMENTS - SEGMENT 1
UNIT II: SANITARY SEWER IMPROVEMENTS -
SEGMENT 2
Total Construction Bid
Working Days 400
00 43 13 Bid
Bond received
6,648,273.70$
Northstar Cost Share 9%$867,848.61
$9,642,762.30
2,994,488.60$
$2,998,899.08
City's Participation 59.7%
HPC Cost Share 31.3%
$5,756,729.09
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA
Create New From This M&C
DATE:5/10/2022 REFERENCE
NO.:
**M&C 22-
0361 LOG NAME:60WELLINGTON OFFSITE
SEWER CFA
CODE:C TYPE:CONSENT PUBLIC
HEARING:NO
SUBJECT: (CD 7) Authorize Execution of a Community Facilities Agreement with HPC Wellington
Nance Development Corporation and 170 Northstar Ranch Developer, Inc., with City
Participation in an Amount Not to Exceed $5,836,644.49 for Oversizing the Wellington
Offsite Sewer Main to Serve the Wellington, Nance and Northstar Ranch Developments
and Anticipated Future Growth in North Fort Worth, and Adopt Attached Appropriation
Ordinance 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 execution of a community facilities agreement with HPC Wellington Nance
Development Corporation and 170 Northstar Ranch Developer, Inc., with City participation in
an amount not to exceed $5,836,644.49 for oversizing the Wellington offsite sewer main to
serve the Wellington, Nance and Northstar Ranch Developments and anticipated future
growth in north Fort Worth; and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations
in the Sewer Capital Projects Fund, in the amount of $6,932,116.00, from available funds,
for the purpose of funding the Community Facilities Agreement Bucket programmable project
(City Project No. P00001) for the Community Facilities Agreement – Wellington Offsite Sewer
Project (City Project No.103521) and to effect a portion of Water’s contribution to the Fiscal
Years 2022-2026 Capital Improvement Program.
DISCUSSION:
HPC Wellington Nance Development Corporation, (HPC) and 170 Northstar Ranch Developer, Inc.
(Northstar), are constructing the Wellington offsite sanitary sewer main M-584. The project will serve
HPC’s Wellington and Nance developments located west of Highway 287 and north of Bonds Ranch
Rd. Northstar is participating in the project to extend the sewer main from the Wellington and Nance
developments to Northstar Ranch. The City is participating in the project to oversize the sewer main to
provide additional capacity for future growth within the basin. The cost for the project is estimated to
be allocated at 31.3\% for HPC, 9.0\% for Northstar, and 59.7\% for the City. Wellington offsite sewer
project is assigned City Project No. 103521 and Accela System Record IPRC21-0158.
The project was publicly bid. The City's cost participation in the construction and oversizing of the
sewer main is estimated to be in an amount not to exceed $5,836,644.49 as shown in the table below.
The City Participation is estimated to be $5,756,729.09 for construction costs, $74,625.00 for
construction inspection fees, and $5,290.40 for the public bid advertisement. The remaining City
participation in the estimated amount of $1,151,345.82 is contingency funds that will cover the City’s
portion of any change orders.
A. Public
Improvements
Dev- HPC
(31.3\%) Cost
Dev-Northstar ( 9\%)
Cost
City Cost
(59.7\%)Total Cost
Unit 1- Sewer $2,080,909.67 $598,344.63 $3,969,019.40
$
6,648,273.70
Unit 2- Sewer $937,274.93 $269,503.97 $1,787,709.69 $2,994,488.60
Sub Total $3,018,184.60 $867,848.61 $5,756,729.09 $9,642,762.30
Contingency $0.00 $0.00 $1,151,345.82 $1,151,345.82
B. Inspections &
Testing
1. Construction
Inspection Fee
64\%/ 21\% /15\%$80,000.00 $26,250.00 $18,750.00 $125,000.00
2. Admin Material
Testing Fee 75\%
/25\% /0\%$15,618.75 $5,206.25 $0.00 $20,825.00
3. Material Testing
Cost 75\%/
25\% 0\%$0.00 $0.00 $0.00 $115,134.58
4. Water Lab Fee $0.00 $0.00 $0.00 $0.00
C. Public Bid
Advertisement Fee $2,773.69 $797.55 $5,290.40 $8,861.64
Total Project Cost $3,116,577.04 $900,102.40 $6,932,115.31
$11,063,929.34
*Numbers will be rounded up for accounting purposes.
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.
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's portion of the City of Fort Worth's Fiscal Years 2022-2026
Capital Improvements Program, as follows:
Capital
Fund Name
Project
Name
FY2022 CIP
Appropriations
Authority Budget Change
(Increase/Decrease)
Revised
FY2022
Budget
59608 -
Sewer
Capital
Funds
P00001-
CFA
Bucket
$
-
This M&C $
6,932,116.00
$
6,932,116.00
Funding for the Community Facility Agreement (CFA) –Wellington Offsite Sewer as depicted in the
table below:
Fund Existing
Appropriations
Additional
Appropriations
Project
Total *
56017 - Water &
Sewer Bond 2020A
$ 466,889.00 $ - $ 466,889.00
59608 - Sewer Capital
Projects Fund
$ - $ 6,932,116.00 $ 6,932,116.00
Fund Department
ID
Account Project
ID
Program Activity Budget
Year
Reference #
(Chartfield 2)
Amount
Fund Department
ID
Account Project
ID
Program Activity Budget
Year
Reference #
(Chartfield 2)
Amount
Totals $ 466,889.00 $ 6,932,116.00 $ 7,399,005.00
*Numbers rounded for presentation purposes.
Funding is currently available in the Unspecified-All Funds project within the Sewer Capital Projects
fund for the purpose of funding the community facilities agreement –Wellington 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 development 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 upon approval of the above recommendations and
adoption of the attached appropriation ordinance, funds will be available in the Sewer Capital Projects
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
FROM
Submitted for City Manager's Office by:Dana Burghdoff (8018)
Originating Department Head:Chris Harder (5020)
Additional Information Contact:Vishal Sood (8055)
ATTACHMENTS
60 CFA HCP Wellington Nance FID Table.xlsx (CFW Internal)
60WELLINGTON OFFSITE SEWER CFA funds availability.pdf (CFW Internal)
60WELLINGTON_OFFSITE_SEWER_CFA_59608_AO22(r3).docx (Public)
HPC Wellington nance DC-Form 1295 Certificate 100888349.pdf (CFW Internal)
M&C plan exhibit.pdf (Public)
Northstar form 1295.pdf (CFW Internal)
Wellington Nance PBS CPN 103521.pdf (Public)