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HomeMy WebLinkAboutContract 60126Received Date: 9/19/2023 Received Time: 8:28 a.m. Developer and Project Information Cover Sheet: Developer Company Name: Lennar Homes of Texas Land and Construction, Ltd. Address, State, Zip Code: 1707 Marketplace Blvd, Suite 100, Irving, Texas 75063 Phone & Email: 469-587-5293 1 Jennifer.Eller@Lennar.com Authorized Signatory, Title: Jennifer Eller, Authorized Agent Project Name: West Square Phase 1 Brief Description: Water, Wastewater, Paving, Storm Drain, Street Lights & Signs Project Location: North of I-30, east of Chapel Creek Blvd, and south of Old Weatherford Rd Plat Case Number: PP-22-024 Plat Name: Mapsco: TAR72F Council District: CFA Number: 23-0066 City Project Number: City of Fort Worth, Texas Standard Community Facilities Agreement with City Participation Rev. 4/2/20 3 104258 1 IPRC22-0198 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 1 of 17 City Secretary Number: 60126 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 LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD. ("Developer"), acting by and through its duly authorized representative. City and Developer are referred to herein individually as a "party" and collectively as the "parties." WHEREAS, Developer is constructing private improvements or subdividing land within the corporate limits of Fort Worth, Texas or its extraterritorial jurisdiction, for a project known as West Square Phase 1("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 $119,317.20 to enlarge the scope of the Improvements beyond what Developer is responsible for constructing by oversizing an 8-inch sewer main to a 10-inch sewer main as authorized by City Council through approval of M&C 23-0663 on August 8, 2023 ("City Participation"); and WHEREAS, the City Participation includes reimbursement to Developer in amounts not to exceed $111,360.00 for construction costs and $2,227.20 for material testing costs. The remaining City Participation in the amount of $5,730.00 shall not be paid to Developer, but will be used by City to pay for the City's portion of construction inspection service fees, administrative material testing fees, and water lab testing fees; and OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Page 2 of 17 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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 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 exists 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 H Exhibit A-1: Wastewater © Exhibit B: Paving ® Exhibit 13-1: Storm Drain ® Exhibit C-1: 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-1, the Location Map, or the Cost Estimates conflict with the Engineering Plans, the Engineering Plans shall control. If applicable, Attachment 1 — Changes to Standard Community Facilities Agreement, Attachment 2 — Phased CFA Provisions, and Attachment 3 — Concurrent CFA Provisions, are attached hereto and incorporated herein for all purposes. 4. Construction of Improvements Developer agrees to cause the construction of the Improvements contemplated by this Agreement and that said construction shall be completed in a good and workmanlike manner and in accordance with all City standards and specifications, the Engineering Plans, the Cost Estimates provided for the Improvements, and this Agreement. Developer acknowledges that City will not accept the Improvements City of Fort Worth, Texas Page 3 of 17 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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. If the Developer's contractors: (a) are not constructing the Improvements in accordance with the Engineering Plans; (b) the contractors violate federal law, state law or local law, policies, rules or regulations in connection with the construction of the Improvements; or (c) coordination of the timing of the construction of adjacent utilities is necessary to avoid having to remove and replace Improvements that Developer's contractors are about to install, the City may temporarily suspend the construction of the Improvements by delivering a written notice to Developer and Developer's contractors. The temporary suspension of the construction of the Improvements shall only occur for the amount of time necessary for Developer's contractors to correct the violation or for the coordination of the utilities to be completed, and upon any such suspension, City agrees to reimburse Developer for the City's share of construction costs for work properly completed through the date City suspended construction. 5. Financial Guarantee Developer has provided the City with a financial guarantee in the form and amounts set forth in this Agreement which guarantees the construction of the Improvements and payment by Developer of all contractors, subcontractors, and material suppliers for the Improvements ("Financial Guarantee"). Developer shall keep the Financial Guarantee in full force and effect until released by the City and shall 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. City of Fort Worth, Texas Page 4 of 17 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 (c) If the Financial Guarantee is a Completion Agreement and the Developer's contractors or suppliers are not paid for construction costs or materials supplied for the Improvements the contractors and suppliers may place a lien upon any property which the City does not have an ownership interest that is the subject of the Completion Agreement. (d) Nothing contained herein is intended to limit the Developer's obligations under the CFA Ordinance, this Agreement, the Financial Guarantee, Developer's agreements with Developer's contractors, or other related agreements. 8. Termination If Developer desires to terminate this Agreement before Developer's contractors begin constructing the Improvements, Developer agrees to the following: (a) that Developer and City must execute a termination of this Agreement in writing; (b) that Developer will vacate any final plats that have been filed with the county where the Project is located; and (c) to pay to the City all costs incurred by the City in connection with this Agreement, including time spent by the City's inspectors at preconstruction meetings. 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 City of Fort Worth, Texas Page 5 of 17 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 Insurance (ACORD or form approved by the State of Texas), supplied by each contractor's insurance provider, which shall be made a part of the Project Manual. (e) Developer will require the Developer's contractors to give forty-eight (48) hours' advance notice of their intent to commence construction of the Improvements to the City's Construction Services Division so that City inspection personnel will be available. Developer will require Developer's contractors to allow construction of the Improvements to be subject to inspection at any and all times by the City's inspectors. Developer will require Developer's contractors to not install or relocate any sanitary sewer, storm drain, or water pipe unless a City inspector is present and gives consent to proceed, and to allow such laboratory tests as may be required by the City. (f) Developer will not allow Developer's contractors to begin construction of the Improvements until a notice to proceed to construction is issued by the City. (g) Developer will not allow Developer's contractors to connect buildings to service lines of sewer and water mains constructed pursuant to this Agreement, if any, until said sewer, water mains and service lines have been completed to the satisfaction of the City. (h) Developer shall ensure the contractors are paid the City's wage rates in effect during construction of the Improvements. 10. Utilities Developer shall cause the installation or adjustment of utilities required to: (1) serve the Project; and (2) to construct the Improvements required herein. City shall not be responsible for payment of any costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with any of the Improvements to be constructed pursuant to this Agreement. 11. Easements and Rights -of -Way Developer agrees to provide, at its expense, all necessary rights -of -way and easements required for the construction and dedication to the City of the Improvements provided for by this Agreement. 12. Liability and Indemnification (a) DEVELOPER HEREBY RELEASES AND AGREES TO INDEMNIFY, DEFEND AND HOLD THE CITY HARMLESS FOR ANY INADEQUACIES IN THE PRELIMINARY PLANS, SPECIFICATIONS, ENGINEERING PLANS, AND COST ESTIMATES SUPPLIED BY THE DEVELOPER FOR THIS AGREEMENT. (b) THE DEVELOPER COVENANTS AND AGREES TO, AND BY THESE PRESENTS DOES HEREBY FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM ALL SUITS, ACTIONS OR CLAIMS OF ANYCHARACTER, WHETHER REAL OR ASSERTED, BROUGHTFOR OR ONACCOUNT OFANYINJURIES OR DAMAGES SUSTAINED BYANYPERSONS, INCLUDING DEATH, OR TO ANY PROPERTY, RESULTING FROM OR IN CONNECTION WITH THE CONSTRUCTION, DESIGN, PERFORMANCE OR COMPLETION OF ANY WORK TO BE City of Fort Worth, Texas Page 6 of 17 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 PERFORMED BY SAID DEVELOPER, ITS CONTRACTORS, SUBCONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, OR IN CONSEQUENCE OF ANY FAILURE TO PROPERLY SAFEGUARD THE WORK, OR ONACCOUNT OFANYACT, INTENTIONAL OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID DEVELOPER, ITS CONTRACTORS, SUB -CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, WHETHER OR NOT SUCHINJURIES, DEATH OR DAMAGESARE CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS, SERVANTS, OR EMPLOYEES. (c) DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, SUITS OR CAUSES OF ACTION OF ANY NATURE WHATSOEVER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ON ACCOUNT OF ANY INJURIES OR DAMAGES TO PERSONS OR PROPERTY, INCLUDING DEATH, RESULTING FROM, OR INANY WAY CONNECTED WITH, THE CONSTRUCTION OF THE IMPROVEMENTS CONTEMPLATED HEREIN, WHETHER OR NOT SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS, SERVANTS, OR EMPLOYEES. FURTHER, DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY FOR ANY LOSSES, DAMAGES, COSTS OR 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 parry beneficiary of such contracts. 14. Estimated Fees Paid by Developer; Reconciliation Prior to execution of this Agreement, Developer has paid to the City the estimated cost of administrative material testing service fees, construction inspection service fees, and water testing lab fees in the amounts set forth in the Cost Summary section of this Agreement. Upon completion of the construction of the Improvements, the City will reconcile the actual cost of administrative material testing service fees, construction inspection service fees, and water testing lab fees with the estimated fees paid by Developer. If the actual costs of the fees are more than the estimated payments made by the Developer, the Developer must pay the difference to the City before the Improvements will be accepted by the City. If the actual costs of the fees are less than the estimated payments made by the Developer, the City will refund the difference to the Developer. If the difference between the actual costs and the estimated payments made by the Developer is less than fifty dollars ($50.00), the City will not issue a refund and the Developer will not be responsible for paying the difference. The financial guarantee will not be released by the City or City of Fort Worth, Texas Page 7 of 17 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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 deemed to have been received when deposited in the United States mail so addressed with postage prepaid: CITY: Development Coordination Office City of Fort Worth 200 Texas Street 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 DEVELOPER: Lennar Homes of Texas Land and Construction, Ltd. 1707 Marketplace Blvd, Suite 100 Irving, Texas 75063 Or to such other address one party may hereafter designate by notice in writing addressed and mailed or delivered to the other party hereto. 17. Right to Audit City of Fort Worth, Texas Page 8 of 17 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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. 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. City of Fort Worth, Texas Page 9 of 17 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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 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 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, 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. City of Fort Worth, Texas Page 10 of 17 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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 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 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, 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 City of Fort Worth, Texas Page 11 of 17 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 (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'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Developer, shall have the right to immediately terminate this Agreement for violations of this provision by Developer. 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 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 City of Fort Worth, Texas Page 12 of 17 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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. 37. City Participation; Fiscal Funding Limitation (a) The City shall reimburse Developer in amounts not to exceed $111,360.00 for construction costs and $2,227.20 for material testing costs. The remaining City Participation in the amount of $5,730.00 shall not be paid to Developer, but will be used by City to pay for the City's portion of construction inspection service fees, administrative material testing fees, and water lab testing fees. The City will reimburse the City Participation to Developer after presentation of proper documentation by Developer to the City that the Improvements have been constructed and accepted by the City and all contractors and material suppliers have been paid. Developer must register as a vendor of the City in order for the City Participation to be paid to Developer. The City Participation was calculated as follows: Unit of Contractors CFW Unit Unit Price IPRC22-8198 West Square Phase 1 Measure 4ty Unit Price Price Delta Total 27 28 29 Total 10" Sewer Pipe LF 1392,00 $1.00 140J30 � $86 4 8" Sewer. Pipe 78 06 $110:OQ $8 � 050 542 .0 1392 10" DIP Pipe [Carrier Pipe] 46$206.00 $250.00 LF 348.00d�;03� $ 25,056 00 8" DIP Pipe [Carrier Pipe] I 1 $134 00 $200.00 0 58 290 348 "Alternate Unit Prices CPN 103750, :&A`4mount: S, iftad©_o0 . I iii i (b) In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable by any means whatsoever in any fiscal period for payments due under this Agreement, then the City will immediately notify Developer of such occurrence and this Agreement shall be terminated on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except to the portions of annual payments herein agreed upon for which funds shall have been appropriated. (c) 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 Contractor inspect the Improvements, and the City concurs that the Improvements are substantially complete. This Agreement does not provide for any retainage to be withheld from the City Participation. City of Fort Worth, Texas Page 13 of 17 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 Project Name: West Square Phase 1 CFA No. 23-0066 Items A. Water and Sewer Construction 1. Water Construction 2. Sewer Construction Water and Sewer Construction Total B. TPW Construction 1. Street 2. Storm Drain 3. Street Lights Installed by Developer 4. Signals TPW Construction Cost Total 38 Cost Summary Sheet IPRC No. 22-0198 City Project No.104258 Developer's Cost City's Cost Total Cost $ 1,359,854.00 $ - $ 1,359,854.00 $ 2,090,107.00 $ 111,360.00 $ 2,201,467.00 $ 3,449,961.00 $ 111,360.00 $ 3,561,321.00 $ 2,651,967.00 $ - $ 2,651,967.00 $ 869,200.00 $ - $ 869,200.00 $ 453,387.00 $ - $ 453,387.00 $ 3,974,554.00 $ - $ 3,974,554.00 Total Construction Cost (excluding the fees): Estimated Construction Fees: C. Construction Inspection Service Fee D. Administrative Material Testing Service Fee E. Water Testing Lab Fee F. Material Testing Cost Total Estimated Construction Fees: TOTAL PROJECT COST Financial Guarantee Options, choose one Bond = 100% Completion Agreement = 100% / Holds Plat Cash Escrow Water/Sanitary Sewer= 125% Cash Escrow Paving/Storm Drain = 125% Letter of Credit = 125% $ 7,424,515.00 $ 111,360.00 $ 7,535,875.00 $ 89,000.00 $ 4,750.00 $ 93,750.00 $ 27,685.00 $ 980.00 $ 28,665.00 $ 2,250.00 $ - $ 2,250.00 $ - $ 2,227.20 $ 2,227.20 $ 118,935.00 $ 7,957.20 $ 126,892.20 $ 7,543,450.00 $ 119,317.20 $ 7,662,767.20 Choice Amount (Mark one $ 7,535,875.00 X City of Fort Worth, Texas Page 14 of 17 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 zwia & gak f' Dana Burghdoff (Sep t9, 20231 :0 CDT) Dana Burghdoff Assistant City Manager Date: Recommended by: W-0— Dwayne Hollars (Sep 18, 202310:34 CDT) Dwayne Hollars Contract Compliance Specialist Development Services Department Approved as to Form & Legality: Richard A. McCracken (Sep 18, 202312:44 CDT) Richard A. McCracken Sr. Assistant City Attorney M&C No. 23-0663 Date: 8/8/23 Form 1295: 2023-1048392 ATTEST: p o `° .. *00 o 4o 0 p'u Ay e Jannette Goodall City Secretary City of Fort Worth, Texas Standard Community Facilities Agreement with City Participation Rev. 4/2/20 DEVELOPER Lennar Homes of Texas Land and Construction, Ltd. By. Jennifer Eller (Sep 18,2023 :58 CDT) Name: Jennifer Eller Title: Authorized Agent Date: Sep 18, 2023 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. Rebecca Diane Owen (Sep 18, 2023 11:07 CDT) Rebecca Diane Owen Development Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 15 of 17 The following attachments are incorporated into this Agreement. To the extent a conflict exists between the main body of this Agreement and the following attachments, the language in the main body of this Agreement shall be controlling. Included Attachment ® Attachment 1 - Changes to Standard Community Facilities Agreement ❑ Attachment 2 — Phased CFA Provisions ❑ Attachment 3 — Concurrent CFA Provisions ® Location Map ® Exhibit A: Water Improvements ® Exhibit A-1: Wastewater Improvements ® Exhibit B: Paving Improvements ® Exhibit 13-1: Storm Drain Improvements ® Exhibit C-1: Street Lights and Signs Improvements ® Cost Estimates (Remainder of Page Intentionally Left Blank) City of Fort Worth, Texas Page 16 of 17 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 ATTACHMENT "I" Changes to Standard Community Facilities Agreement City Project No. 104258 None City of Fort Worth, Texas Page 17 of 17 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 �28W�A VDA-11�11�1iilllllllll Y 1� I EXI,iTING F— CHAPEL JF IL CREEK 0 XI TING HAPE LW2EAFEMPHAS 2 L CREEK ��� CHAPEL CREEK =�L� u m ]I COTTAGES, LLC /NET. NO. 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T1RMM•110M•1011f NW 0101R000 O 0 500 1000 1500 GRAPHIC SCALE IN FEET PROP 8" WATERLINE WEST SQUARE PH1 FUT 8" WATERLINE CPN 104258 MAPSCO NO. TAR-072F PROP FIRE HYDRANT COUNCIL DISTRICT#3 PROP GATE VALVE EXHIBIT A EXIST WATER LINE - W WATER W— �INGCHA qCREK LJ EXISTING CHAPEL I CREEK PC T2 OLD WEATHERFORD RD — , - CHAPEL CREEK COTTAGES, LLC INST. NO. D221208655 0. P. R. T. C. T. J EXIST 10" SS - - - - - - - X-24167 01 CEMOCT MCDI Is i I I m INST. No. D221367884 _ �W O. P. R. T. C. T. W i = PHASE 1 —W LU F LL LL �U / AZADI GROUP, LLC, A TEXAS LIMITED LIABILITY COMPANY CC D221165640 iiiOPRTCT — TTRFFT K _ LOC AH 1 1 V I BLOCK BT I I I WESTLAND ACRES ADDITION WESTLAND ACRES ADDITION VOL.l 38RTGT PG 58 VOL. 3`8p8-G,, PG 58 S _LUS RD LJ Ll Imo_ ( =� Y 11 RIT�%�� MATCH LINE LEGEND PROP 8" SANITARY SEWER LINE PROP 10" SANITARY SEWER LINE ---------- PROP SANITARY SEWER MANHOLE • FUTURE 8" SANITARY SEWER LINE — — 4TING _ CHAPEL 7AT CREEK _ I IE L1 J�L L $TRIEET II LL' _ LL U U l ((�� STREET = FIX = IL CHAPEL _ CREEK HA,-� EXIST SANITARY SEWER LINE EXIST SANITARY SEWER MANHOLE OWNER TCL LAND BK 3 (2022), LP 5055 KELLER SPRINGS RD, SUITE 500 ADDISON, TX 75001 214-215-7087 DEVELOPER LENNAR - TEXAS, LTD 1707 MARKETPLACE BLVD. SUITE 100 IRVING, TX 75063 214-215-7087 CONSULTANT LANDON G. GEARY, P.E. SHIELD ENGINEERING GROUP, PLLC. 1600 W 7T" STREET, SUITE 400 817-810-0696 SHIELD ENGINEERING GROUP if!! 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SHIELD ENGINEERING GROUP, PLLC. 1600 W 7T" STREET, SUITE 400 817-810-0696 SHIELD ENGINEERING GROUP ifR IIfM fF1107f •if11f HfM f10177fl0 O 0 300 600 900 GRAPHIC SCALE IN FEET WEST SQUARE PH 1 CPN 104258 MAPSCO NO. TAR-072F COUNCIL DISTRICT #3 EXHIBIT B PAVEMENT (2 of 2) LEGEND PROP STORM LINE EXIST STORM LINE 10' CURB INLET 15' CURB INLET CHAPEL CREEK COTTAGES, LLC INST. NO. D221208655 O.P.R.T.C.T. STREET G CLAIREMONT MCD, LLC INST. No. D221367884 0.P.R.T.C.T. STR =ET H I I I � ICI AZADI GROUP, Lu LLC, A TEXAS Lu i LIMITED LIABILITY /TY U) I I U D2211 5640 OPRTCT STREETIK BLOCK A WESTLAND ACRES ADDITION VOL. 388—G, PG 58 PRTCT — — SLOPING HEADWALL STORM DRAIN MANHOLE PARALLEL HEADWALL J FUTURE PH 2 v :'H 1 �I i 1 U ' I -------------- LOCK B WESTLAND ACRES ADDITION VOL. 388—G, PG 58 1 1 1 PRTCT I I OWNER TCL LAND BK 3 (2022), LP 5055 KELLER SPRINGS RD, SUITE 500 ADDITON, TX 75001 214-215-7087 DEVELOPER LENNAR - TEXAS, LTD 1707 MARKETPLACE BLVD. SUITE 100 IRVING, TX 75063 214-215-7087 CONSULTANT LANDON G. GEARY, P.E. SHIELD ENGINEERING GROUP, PLLC. 1600 W 7T" STREET, SUITE 400 817-810-0696 SHIELD ENGINEERING GROUP if!! IIfM fF11Wf•if11f NW f10177fff 0 300 600 900 GRAPHIC SCALE IN FEET WEST SQUARE PH1 CPN 104258 MAPSCO NO. TAR-072F ® COUNCIL DISTRICT #3 EXHIBIT B1 STORM DRAIN (1 of 2) 1 ' l I �I1 l I I 1 EXISTING CHAPEL CREEK PHI SEI 2 I I �' - Q OLD WEATHERFORD RD EXISTING CHAPEL CREEKI r ICJ ' - PHAST ,5 1 Lu I J � STREET B oF---7 I I I i I [�� wl wI I WI W I� PH 1 CO JU) I _kE CA_HOUN TALCS I DJIVE ii LJ C APEL CREEK TREET F PHASE 6 I I I LEGEND PROP STORM LINE EXIST STORM LINE 10' CURB INLET 10' RECESSED CURB INLET 20' RECESSED CURB INLET I I I k SLOPING HEADWALL STORM DRAIN MANHOLE >T` V�ES� FRE�VJ p,V OWNER TCL LAND BK 3 (2022), LP 5055 KELLER SPRINGS RD, SUITE 500 ADDISON, TX 75001 214-215-7087 DEVELOPER LENNAR -TEXAS, LTD 1707 MARKETPLACE BLVD. SUITE 100 IRVING, TX 75063 214-215-7087 CONSULTANT LANDON G. GEARY, P.E. 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I I I IPIjTCIT 3PITC I 58 I I I I LEGEND PROPOSED STREET NAME SIGN I I I BLOCK @ I I I WESTLAND ACRES ADDITION VOL. 388—G, PG 58 I I I I PRTCT�/ oG PROPOSED RESIDENTIAL STREET LIGHT PROPOSED ARTERIAL STREET LIGHT (TYP) PROPOSED ARTERIAL STREET LIGHT MOUNTED ON EXIST TIMBRE POLE Ll--F-�'-', _ EXI,'T/NG CHAPEL CREEK \ OWNER TCL LAND BK 3 (2022), LP 5055 KELLER SPRINGS RD, SUITE 500 ADDISON, TX 75001 1 214-215-7087 DEVELOPER LENNAR - TEXAS, LTD 1707 MARKETPLACE BLVD. SUITE 100 IRVING, TX 75063 X STIN 214-215-7087 HAPEL r'cH'A'SE REEK CONSULTANT LANDON G. GEARY, P.E. — SHIELD ENGINEERING GROUP, PLLC. 1600 W 7T" STREET, SUITE 400 817-810-0696 SHIELD ENGINEERING GROUP TM RRM opme f-Twu NW fiffim f O 0 500 1000 1500 GRAPHIC SCALE IN FEET WEST SQUARE PH CPN 104258 MAPSCO NO. TAR-072F COUNCIL DISTRICT #3 EXHIBIT Cl STREET NAME SIGNS & STREET LIGHTS UNIT PRICE BID SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Project Item Information Bidlist Item) No. Description 1 0241.1118 4" - 12" Pressure Plug 2 3005.0003 8" Waterline Lowering 3 3305.0109Trench Safety 4 3305.0116 Concerete Encasement for Utility Pipes 1 5 3305.0202 Imported Embedment/Backfill, CSS 1 6 3311.0001 Ductile Iron Water Fittings w/ Restraint 1 7 3311.0251 8" DIP Water 8 3311.0261 8" PVC Water Pipe 9 3312.0001 Fire Hydrant w/ Gate Valve 10 3312.0117 Connection to Existing 4"-12" Water Main 11 3312.2003 1" Water Service (Irrigation) 12 13312.2003 1" Water Service (Domestic) 13 13312.21031 1/2" Water Service (Irrigation) 14 13312.3003 8" Gate Valve & Box 15 13312.3003 8" Gate Valve & Box (Pressure Plane Valve; 16 13312.4203 20" x 8" Tapping Sleeve & Valve 1 17 13471.0013 Traffic Control 1 18 9999.0001 Remove & Replace Concrete Pavement 19 20 21 22 23•- 24 _ 27 •-'2s-- �_ 30 - 31 _ __32 — _ 33 _ 34 35 — ,.__ 37 _ 39 40� 1 CITY OF FORT WORTH STANDARD CONSTRUCtIONSPECIFICATION DOCUMENTS - I = Version May 22, 2019 Specification Section No UNIT 1: WATER IMPROVEMENTS 02 41 14 330512 330510 33 0510 330510 331111 33 11 10 33 11 12 33 12 40 33 12 25 331210 33 12 10 33 12 10 33 12 20 33 12 20 33 12 25 34 71 13 32 01 29 004243 DAP•BIDPROPOSAL Page I of7 Bidder's Application Bidder's Proposal Unit of I Measure Bid Quuntay Unit Price I Bid Value EA 6 $1,250.00 $7.500.001 EA 1 26 $3.500.00 $91.000.001 LF 1 11,658 $2.00 $23.316.001 I LF 1 95 $40.00 $3.800.001 I LF 1 135 $20.00 $2.700.001 I TON 1 2 $8,500.00 $17.000,001 1 LF 1 2331 $78,00 $18.174.001 1 LF 1 11,6581 $58.00 $676.164.001 1 EA 1 141 $5,000.00 $70.000.001 1 EA 1 21 $1,500.00 $3.000.001 1 EA 1 6II $1.500.00 $9.000.001 1 EA 1 284I $1.200.00 $340.800.01 1 EA 1 4 $2.200.00 $8.800.001 1 EA 321 $1.500.00 $48.000.001 1 EA I 31 $1.500.00, $4.500.001 1 EA 1 $14,500.00 $14.500.001 EA 1 11 $4,500.00 $4,500.00 SY 951 $180.00 $17.100.00 TOTAL UNIT 1: WATER IMPROVEMENTS $1.359.854.00 WEST SQUARE PHASE 00 42 43 DAP- BID PROPOSAL Page 2 d7 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidders Proposal Bidlist Item f I Description No. 1 3331.4115 8" Sewer Main 2 3331.4119 8" DIP Sewer Pipe 3 3339.1001 4' Manhole 4 3339.1002 4' Drop Manhole 5 3301.0002 Post -CCTV Inspection 6 3301.0101 Manhole Vacuum Testing 7 3305.0109 Trench Safety 8 3305.0116 Concerete Encasement for Utility Pioes 9 3305.0202 Imported EmhedmenUBackfill. CSS 10 3331.3101 4" Sewer Service 11 3339.000, Epoxy Manhole Liner 12 3339.1003 Extra Depth Manhole (> 6.0') 13 3471.0013 Traffic Control 14 15 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 Specification Section No. I Unit of Measure Bid Qntity ua Unit Price I Bid Value UNIT $ANI ARY_ E)I R_I1MPROVEMENT$ I LF 9,505 $78.00 $741,390.001 331110 I LF 86 $134.00 $11,524.001 333910 EA 30 $5,000.00 $150 000.001 33 3910, 33 39 20 EA I 2 $6.000.00 $12.000.001 33 01 31 LF 9.591 $3.00 $28.773.001 .33 01 30 I EA 32 $200.00 $6.400.00 1 330510 I LF 9,591 $3.00 $28,773.001 .330510 I LF 50 $40.00 $2.000.001 33 05 10 LF 720 $20.00 $14,400.001 .3331 50 EA 284 $900.00 $255.600.001 :33 39 60 VF 192 $455.00 $87 360.00 1 33 39 10 VF 170 $235.00 $39,950.001 :34 71 13 MO 1 $3.500.00 $3.500.001 TOTAL UNIT 2: SANITARY SEV%LH PROLEMENTS CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Foam Version May 22, 2019 $1,381,670.00 WEST SQUARE PRASE UNIT PRICE BID SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Project Item Information 00 42 43 DAP - BID PROPOSAL Page 3 or7 Bidder's Application Bidlist Item Description Specification Section No. Unit of Bid No. Measure Quantity UNIT zB OFFSITE NITARY SEWER IMPROVEMENT.5 A 1 0241.2013 Remove 8" Sewer Line 70,24114 02 41 14 LF 1,955 2 3136.0103 Welded Gabion Mattresses 31 36 00 CY I 82 3 3301.0002 Post -CCTV Inspection 330131 LF 1955, 4 3301.0101 Manhole Vacuum Testing 33 01 30 I EA 8 5 3305.0109 Trench Safety 33 0510 LF 1,955 6 3305.0116 Concerete Encasement for Utility Pipes 33 05 10 LF I 272 7 3305.0202Imported EmbedmenUBackfill, CSS 330510 LF 328 8 3331.4201 10" DI Sewer Main 11 10, 33 31 12. 33 31 20 LF 774 9 3331.4201 10" PVC Sewer Main �33 33 11 10, 33 3112, 33 3120 1 LF 1.181 10 3339.0001 Epoxy Manhole Liner 33 39 60 VF 19 11 3339.1001 4' Manhole 33 39 10 EA 8 12 3339.1003 Extra Depth Manhole ( > 6.0') 33 39 10 I VF 36 13 3471.0013 Traffic Control 34 71 13 I MO 1 14 9999.0001 Remove & Replace Asphalt Pavement 32 01 29 SY 54 15 9999.0002 Vented Odor Control Cover 00 00 00 EA 2 16 9999.0003 Water Tight MH Cover 00 00 00 EA 5 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 TOTAL UNIT 3: OFFSITE SANITARY SEWER IMPROfEMENTS CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Foam Version Mey 22, 2019 Bidder's Proposal Unit Price I Bid Value $20.00 $39,100.001 $325.00 $26.650.001 $4.00 $7.820.001 $200.00 $1.600.001 $4.00 $7.820.001 S40.00 $10.880.001 $30.00 $9,840.001 $206.00 $159,444.001 $146.00 $172.426.001 $475.00 $9.025.001 $6,000.00 $48.000.001 $255.00 $9,180.001 $8,500.00 $6.500.001 $120.00 $6.480.001 $4,500.00 $9,000.00l $1,500.00 $7,500.001 $531,265.00 1 WEST SQUARE PHASE I UNIT PRICE BID SECTION 00 42 43 Developer Awarded Projects -PROPOSAL FORM Project Item Information Bidliisrtolteml Description I Specification Section No. Unit of Measure UNIT2C:OFFSITE SANITAf`1311�jft IMPROVEMENTS (PARTIAL CITY) 1 3301.0002 Post -CCTV Inspection LF 2 3305.0109 Trench Safety 330510 LF 3 3331.4201 10" DI Sewer Main (Eligible for CCP) 33 11 10.33 31 12. 33 31 20 LF 4 3331.4201 10" PVC Sewer Main (Eligible for CCP) 3311 10.33 31 12, 33 3120 LF 5 6 7 8 9 10 it 12 13 14 15 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 TOTAL UNIT 4: OFFSITE SANITARY SEWER IMPROVEMENTS (PARTIAL CITYi CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Varian May 22.2019 004243 DAP - BID PROPOSAL Ngc 4 or Bidder's Application Bidder's Proposal Bid Quantity Unit Price I Bid Value 1,738 $4.00 $6.952.00 1.738 $4.00 $6,952.00 348 $206.00 $71.688.00 1.390 $146.00 $202,940.00 $288 532. )0 WEST SQUARE PHASE SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Project Item Information Bidlist III Description I Specification Section No. No. UNIT3kDRAINAGE IMPROVEMENTS 1 3125.0101 SWPPP a 1 Acre 31 25 00 1313700 2 3137.0102 Large Stone Riprap, dry 31 37 00 3 3305.0109 Trench Safety 330510 4 3341,0201 21" RCP, Class III 3341 10 13541 5 3341.0203 21" RCP, Class V 10 6 3341.0205 24" RCP, Class III 13341 10 7 3341.0206 24" RCP, Class V 13341 10 8 3341.0208 27" RCP, Class 111 133 41 10 9 3341.0312 36" RCP, Class 111 13341 10 10 3341.0402 42" RCP, Class III 13341 10 11 3349.0001 4' Storm Junction Box 133 49 10 12 3349.0002 5' Storm Junction Box 133 49 10 13 3349.5001 10' Curb Inlet 133 49 20 14 3349.5002 15'Curb Inlet j33 49 20 15 3341.1101 4'x2' Box Culvert 13341 10 16 9999.0001 21" Sloping Headwall 100 0000 17 9999.0002 24" Sloping Headwall 100 00 00 18 9999.0003 42" Sloping Headwall 100 00 00 19 9999.0004 4'x2' Parallel Hdwl 100 00 00 20 9999.0005 Detention Structure with Headwalls & RCPs 100 00 00 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATIONDOCUMENTS - DEVELOPER AWARDED PROJECTS Fan. Version May 22.2019 004143 DAP - BID PROPOSAL P.Se 5 or7 Bidder's Application Bidder's Proposal Unit of Measure I Bid Quantity Unit Price I Bid Value LS 1 $3,500.00 $3,500.001 SY 283 $125.00 $35.375.001 LF 4.423 $2.00 $8,846.001 LF 376 $75.00 $28.200.001 LF 134 $95.00 $12,730.001 LF 2.601 $85.00 $221.085.001 LF 147 $105.00 $15.435.001 LF 270 $100.00 $27.000.001 LF 479 $150.00 _ $71.850.001 LF 369 $180.00 $66.420.001 EA 12 $6.500.00 $78.000.001 EA 1 $7.500.00 $7,500.001 EA 32 $3.800.00 $121.600.001 EA 3 $4.800.00 $14.400.001 LF 47 $280.00 $13,160.001 EA 2 $3.000.00 $6.000.001 EA 2 $3.600.00 $7.000.001 EA 2 $6,500.00 $13.000.001 EA 2 $16.500.00 $33,000.001 EA 1 $64.500.00 $64,500.001 TOTAL UNIT 5: DRAINAGE IMPROVEMENT$ $848,601.00 WEST SQUARE PHASE 004243 DAP -BID PROPOSAL Pnge 6 of7 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidders Proposal III BidbsNo. Description I Specification Section No. I Unit of Bid I Unit Price I Bid Value Measure Q uantit Y UNIT 3B:OFFSITE ACADEMY BLVD DRAINAGE IMPROVEMENTS 1 3125.0101 SWPPP a 1 Acre 31 25 00 LS 1 $3,500.00 $3,500.00 2 3305.0109 Trench Safety 33 05 10 LF 87 $2.00 $174.00 3 3341.0201 21" RCP, Class III 33 41 10 LF 87 $75.00 $6.525.00 4 3349.6001 1 O' Recessed Inlet 33 49 20 EA 1 $4.200.00 $4,200.00 5 3349.6003 20' Recessed Inlet 33 49 20 EA 1 $6.200.00 $6.200.00 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 TOTAL UNIT 6: OFFSITE ACADEMY BLVD DRAINAGE IMPROV�UNTS $20.599.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Forth Version Mey 22, 2019 WEST SQUARE PHASE I SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Project Item Information Bidlist Item Description Specification Section No. No. Bid SamMary UNIT 1: WATER IMPROVEMENTS UNIT 2A:SANITARY SEWER IMPROVEMENTS UNIT2B:OFFSITE SANITARY SEWER IMPROVEMENTS UNIT2C:OFFSITE SANITARY SEWER IMPROVEMENTS (PARTIAL CITY) UNIT3A:DRAINAGE IMPROVEMENTS UNIT 3B:OFFSITE ACADEMY BLVD DRAINAGE IMPROVEMENTS 004243 DAP -BID PROPOSAL Page 7 or7 Bidder's Application `f Bidders Proposal Unit of Bid Unit Price Bid Value f Measure I Quantity $1.359.854.001 1 S1,3811.670.001 $531.265.001 $288 532.001 $848.601.001 S20,599.001 Total Construction Bid $4,430.521.001 This Bid is submitted by the entity named below: q BIDDER: BY: 5-3a -1 VV i CA,11 tQ Sf - TITLE: pre ✓, 1 C—Cvv r n O I-1n t'FV —1 �' i 9 DATE: 7/17/23 Contractor agrees to complete WORK for FINAL ACCEPTANCE within ! 'g O wo.idng days after the date when the CONTRACT commences to run as provided in the General Conditions. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCLNIENTS - DEVELOPER AWARDED PROJECTS Farm Version May 22, 2019 W57 SQUARE PHASE I UNIT PRICE BID SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Project Item Information Bidlist Description Specification Section No. Item No. I UNITaA:PAVING IMPROVEMENTS i 1 3211.0400 Hydrated Lime 32 1129 j 2 3211.0501 6' Lime Treatment 32 1129 1 3 3213.0101 6" Conc Pvmt 32 1313 4 3"I3 e�ll4"!,per ritivallflRyDevelooerl 321320 1 5 21�.�5DI Bamer Free Ramp, Type R-1 32 13 20 1 6 3213.0506 Barrier Free Ramp, Type P-1 33 13 20 7 3291.0100 Topsoil 3291 19 8 3292.0100 Block Sod Placement 32 92 13 9 3292.0400 Seedi yy Hydromulch (Open Space) 32 92 13 10 3441.4003 FumisfUInsEall Alum Stan Ground Mount City Std. 34 41 30 11 3471.0001 Traffic Control 3471 13 CrrY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMEMS- DEVELOPER AWARDEDPROJECIS From V..iun May 22,1019 004241 DAP - BID PROPOSAL Ngc 1 of1 Bidder's Application Bidders Proposal Unitof I Bid Unit Price I Bid Value Measure Quantity TON 630 $235.00 $148.050.001 SY 31.499 $4.00 S125.996.001 SY 28,635 $56.00 $1603,560.001 SF 20.450 $4.25 $86 912.501 EA 8 $2.000.00 $16 000.001 EA 24 $2 200.00 $52.800.001 CY 416 S24.00 $9-984.001 SY 2.494 $8.00 $19,952.001 SY 23043 $2-00 $46,086.001 EA 14 S750.00 $10.500.001 MO 1 $2,500.00 $2.500.001 TOTAL UNIT 7: PAVING IMPROVEMENTS $2,122.340.50 WES1SQUARE PHASE I UNIT PRICE BID SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Project Item Information 8tdltst Description Sped Item No. UNIT4B OFFSITE PAVING IMP 1OVEMENTS - 1 0241.11DO Remove Asphalt Pvmt 0241 15 2 3211.0400 Hydrated Lime 32 11 29 3 3211.0501 8" Lime Treatment 32 11 29 4 3213.0101 8" Cone Pvmt 32 13 13 5 3213.0301 4" Cone Sidewalk & Median 32 13 20 6 3213.0506 Barrier Free RaMp. TvDe P-1 132 13 20 7 3216.0101 6" Cone Curb and Gutter 132 16 13 8 3217.0103 6" BRK Pvmt Marking HAS (W) 132 17 23 9 3217.0201 8" SLID Pvmt Marking HAS tW) 132 17 23 10 3217.2104 REFL Raised Marker TY II-C-R 132 1723 11 3217.4301 Remove 4" Pvmt Markino 132 17 23 12 3217.4302 Remove 6" Pvmt Markino 132 17 23 [ 13 3217.4303 Remove 8" Pvmt Markino 132 17 23 I 14 3217.4402 Remove Lane Leoend Arrow 132 17 23 I 15 3291.0100 Topsoil 3291 19 16 3292.0100 Block Sod Placement �34 3292 13 17 3441.4108 Remove Sion Panel and Post 344130 18 3441.4110 Remove and Reinstall Sion Panel and Post 41 30 I 19 3471.0001 Traffic Control 3471 13 i 20 9999.0007 Install FOR Barricade 000000 I 21 9999.0009 Remove FOR Barricade 00 00 00 1 22 9999.0009 Remove 6" Cone Curb and Gutter 00 00 00 1 23 9999.0010 Remove Cone Pavement 100 00 00 24 25 25 27 28 29 30 31 32 33 34 35 36 37 38 -i 39 40 004243 DAP-BIDPROPOSAL Peg. 2.0 Bidder's Application Bidder's Proposal ication Section No. Unitof I Bid Unit Price Measue Quantity ACADEMY BOULEVARD SY 89 $20.00 TON 98 S235.DO SY 4.895 $4.50 SY 4.450 S74.00 SF 11.668 $5.00 EA 41 $2 200.00 LF 27941 S12.00 LF 15501 $4.00 LF 5901 $6.00 EA 621 $5.00 LF 8001 $2.00 LF 711 $2.00 LF 2451 $2.00 EA 81 $200.00 CY 2451 $24.00 SY 1.4681 $8.00 EA 51 $200.00 EA 11 $650.00 MO 11 $2.500.00 EA 11 $1.000.00 EA 21 $300.00 LF 7161 $20.00 SY 831 $15.00 I TOTAL UNIT 8: OFFSITE PAVING IMPROVEMENTS -ACADEMY BO<LEVARD Bid Value S1.780.001 $23.030.001 $22.027.501 $329.300,001 S58_340.001 $B_800w S33.528.001 $6.200.001 $3,540.001 $310.001 $1.600.001 $142.00 $490.001 $1.600.001 $5,880.001 $11.744.001 51.000.001 $650.001 $2.500.001 $1.000.001 $600.001 $14.320.DO1 S1245.001 $529,626.50 CRY OF FORT WORTH STANDARD CONSTRUCTIOHSPECRr-ATIOH DOCUW?M - DEVELOPER AWARDEDPROJECTS Fans Version Mry'_2, 2019 WEST SQUARE PHASE I UNIT PRICE BID SECTION 00 42 43 Developer Awarded Projects- PROPOSAL FORM Project Item Information Bidlist Description Specification Section No. Item No. Bid Summary UNIT4A PAVING IMPROVEMENTS UNIT4B:OFFSITE PAVING IMPROVEMENTS -ACADEMY BOULEVARD I 00 42 43 DAP. Bm PROPOSAL Peg, 3 af3 Bidder's Application Bidder's Proposal j Unitof I Bid Unit Price Bid Value Measure Quantity I $2.122,340.501 $529 626.501 Total Construction Bid $2.651,967.001 This Bid is submitted by the entity named below: B9ID,.D�ERR-,,� /� BIDDER: By. BY: cy1 C t� ot�-�^ �-t Yu c�/ ^) �'y / 1 W 1 ''j1 - f TITLE: V I fi Fo 1 Vo ,,�" � t` , c 1 �-x { 1 1(1 DATE:7/17/23 Contractor agrees to complete WORK for FINAL ACCEPTANCE within 90 working days after the date when the CONTRACT commences to run as provided in the General Conditions. END OF SECTION CrfY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Farm V, inn M,v 22.2019 WEST SQUARE PHASE I SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID 00 42 43 DAP -BID PROPOSAL Peg. 1 of4 Bidder's Application Project Item Information Bidlist Item Specification Unit of Bid No. Description Sec,, Im Ngg. Measure (htantitV UNITsA:4TREET LIGHTING IMP ZOVEMIENTS 1 2605.3015 2" CONDT PVC SCH 80(T) 26 05 33 LF 2 801 2 3441.1410 NO 10 Insulated Elec Condr 3441 10 LF 8 403 3 3441.1646 Furnish/Install Tyype 33B Arm 3441 20 EA 41 4 3441.3050 Furnish/InstallLEb Lighting Fixture 70 watt ATBO Cobra Head) 3441 20 EA 41 5 3441.3301 Rdwy Illum Foundation TY 1,2, and 4 3441 20 EA 41 6 3441.3351 Furnishlinstall Rdway Illum TY 11 Pole 3441 20 EA 41 7 8 15� 20 23 — 25 —.28.... 31- -,32. _— 35 - _..37.- - —_— _ 38 39 — 40 — TOTAL UNIT 9.- STREET LIGHTING IMPROVEMENTS CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 Bidders Proposal Unit Price I Bid Value $16.00 $44,816.00� $2.00 $16,806.001 $500.00 $20,500.001 $900.00 $36,900.00E 51200.00 $49,200.00 $3 000.00 $123,000.00 $291,222.00 WEST SQUARE PHASE UNIT PRICE BID SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Project Item Information 004243 DAP -BID PROPOSAL. Page 2 of4 Bidder's Application Bidlist Specification I Unit of Bid Item No. Description I BLVD STREET LIGM c ooNp 1'1J%ERAVE ! a MZN((�i ntin• 1 if ACADEMY 2605.3015 2" CONDT PAR 4 2 3441.1405 NO 2 Insulated Elec Condr 344110 LF 5,052 3 3441.1501 Ground Box Tre B 35 41 10 EA 18 4 3441.1646 Fumishllnstall TyQe 33B Ann 344120 EA 14 5 3441.3050 Fumishlinstali LED Lighting Fixture (70 watt ATBO Cobra Head) 344120 EA 14 6 3441.3303 Rdwy Illum Foundation TY 18,18A,19, and D-40 344120 EA 12 7 9999.0001 Furnish/install Rdway Illum TY 18 Pole 344120 EA 12 9 10 11 1 —-------- -- 13 14 i _ 15 16 — -- 17 18 Bidders Proposal Unit Price I Bid Value $16.00 $26,944.00 $2.00 $10,104.00 $950.00 $17,100.00 500.00 $7.000.00 900.00 $12,600.00 $1,500.00 $18.000.00 $3.400-00 $40,800.00 19- 20 21 22 23 24 25 26 27 28 29 30 -- 31 32 33 34 _ — 35 36 37 38_ 39 40 TOTAL UNIT 10; OFFISTE ACADEMY BLVD STREET LIG STING IMPROVEMIITS iCREDITI $132A48.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Palm Vmiw Mey 22, 2019 WEST SQUARE PHASE I UNIT PRICE BID SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Project Item Information 00 42 43 DAP-BIDPROPOSAL Page 3 of 4 Bidder's Application Ilidlistitemi Description Specification Unit of Bid S"t'rn No. Measure uantiry UNIT 5C OFFSITE OLD WEATHERFOD ROAD STf9FT LIGHTING 'MPR V�gNT1S1 1 3441.1401 NO 4 Triolex OH insulated Elec Gondr 3441 10 L� 4.062 2 3441.3201 LED Liahtina Fixture 3441 20 EA 7 3 3441.3323 Furnish/Install 8' Wood Light Pole Arm 3441 20 EA 7 4 _ 5 10 _ 15 _ 18 19-- -21— —.27 28 31 _ — 33 34 -- — 35.—_ — -- _ 36 37 _ 36 _ - 40 TOTAL UNIT 11: OFFSITE OLD WEATHERFORD ROAD 8-eIREET I IGHTINt,, IMPROVEMENTS CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER AWARDED PROJECTS Form Version May 22. 2019 Bidder's Proposal Unit Price I Bid Value $3.50 $14.217.00 $900.00 $6,300.00 $1,300.00 $9,100.00 $29,.517.00 WE5'r SQUARE PHASE 1 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID 00 42 43 DAP -BED PROPOSAL Page 4 of4 Bidder's Application Project Item Information Bidder's Proposal Bidlist Description I Specification I Unit of I Bid Unit Price I Bid Value 1 Item No. Section ND. Measlve 10-raiev e E Hidsummar+UNIT 9: STREET LIGHTING ` NIMENT 132,500 UNIT EMY UN T 011: OFFSITE O D T ftl'� D�Fi�)TREE MPRUMENT I $$29.61700 Total Construction Bid $453,387.00 The Bid is submitted by the entity name below: BIDDER: BY: BROCISDUGGINS CONATSER CONSTRUCTION TX, L.P. $327 WI�TA ST. ��(('' {�.�' FORT WORTH, TX 76119 TITLE: rNT UV DATE: 7/17/23 Contractor agrees to complete WORK for FINAL ACCEPTANCE within " workbM days after the date whee the CONTRACT commences to nm as provided In the General Coudidons. END OF SECTION Signature: Email: Richard.McCracken@fortworthtexas.gov CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMMM - DEVELOPER AWARDED PROJECTS Fotm VemaM May 22, 200 WEST SQUARE PHASE I City of Fort Worth, Texas Mayor and Council Communication DATE: 08/08/23 M&C FILE NUMBER: M&C 23-0663 LOG NAME: 60WEST SQUARE SEWER OVERSIZING SUBJECT (CD 3) Authorize Execution of a Community Facilities Agreement with Lennar Homes of Texas Land and Construction, LTD, with City Participation in an Amount Not to Exceed $119,317.20 for Oversizing an 8-inch Sewer Main to a 10-inch Sewer Main for Anticipated Future Growth in West Fort Worth and Adopt Appropriation Ordinance to Effect a Portion of Water's Contribution to the Fiscal Years 2023-2027 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of a Community Facilities Agreement with Lennar Homes of Texas Land and Construction, LTD, with City participation in an amount not to exceed $119,317.20 for oversizing an 8-inch sewer main to a 10-inch sewer main for anticipated future growth in west Fort Worth; and 2. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Water/Sewer Bond 2016 Fund by increasing estimated receipts and appropriations in the CFA Bucket Programmable Project (City Project No. P00001) in the amount of $140,000.00 and decreasing estimated receipts and appropriations in the Unspecified -All Funds project (City Project No. UNSPEC) by the same amount for the purpose of funding the CFA-West Square Phase 1 project (City Project No. 104258) to Effect a Portion of Water's Contribution to the Fiscal Years 2023-2027 Capital Improvement Program. DISCUSSION: Lennar Homes of Texas Land and Construction, LTD, (Developer) is constructing the West Square Phase 1 development east of Chapel Creek Blvd and north of Interstate Highway 30. The Water Department is seeking to participate in the project to oversize an 8-inch sewer main to a 10- inch sewer main. The West Square project is assigned City Project No. 104258 and Accela System Record IPRC22-0198. In accordance with Chapter 212, Subchapter C of the Texas Local Government Code, the City's participation in the contract is exempt from competitive bidding requirements because the contract is for oversizing public improvements being constructed by the Developer, the Developer will execute a performance bond to cover the total project cost, including all of the City's cost participation, and the City's cost participation will be determined in accordance with the City's community facilities agreement (CFA) unit price ordinance. The City's cost participation in the construction and oversizing of the sewer main is estimated to be in an amount not to exceed $119,317.20 as shown in the table below. Payments to the Developer are estimated to be $111,360.00 for construction costs and $2,227.20 for material testing costs. The City's cost participation also includes $5,730.00 to cover the City's portion of construction inspection service fees, administrative material testing service fees, and water lab testing fees. An additional $16,704.00 in contingency funds will cover the City's portion of any change orders. A. 10" Sewer Main Construction 1. Water �2. Sewer Contingency 15% �4. Paving �5. Drainage 6. Street Lights Developer Cost City Cost Total Cost $1,359,854.00 $0.00$1,359,854.00 $2,090,107.00 $111,360.00$2,201,467.00 $0.00 $16,704.00 $16,704.00 $2,651,967.00 $0.00$2,651,967.00 $869,200.00 $0.00 $869,200.00 $436,287.00 $0.00 $436,287.00 B. Inspections & Testing (300 working days) 1. Construction Inspection Fee �2. Admin Material Testing Fee �3. Water Lab Fee �4. Material Testing Cost Total Project Cost $89,000.00 $4,750.00 $93,750.00 $27,685.00 $980.00 $28,665.00 $2,250.00 $0.00 $2,250.00 $0.00 $2,227.20 $2,227.20 $7,526,350.00 $136,021.20 $7,662,371.20 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 M&C will amend the City of Fort Worth's Fiscal Years 2023-2027 Capital Improvement Program as follows: Capital Project FY2023 CIP Budget Change Revised Fund Name Name Appropriations Authority (Increase/Decrease) FY2023 Budget 104258 Water/Sewer — CFA- Bond 2016 - West $0.00 This M&C $140,000.00 $140,000.00 Fund 56005 Square Phase 1 Funding will be available in the Unspecified -All Funds project within the Water/Sewer Bond 2016 Fund for the purpose of funding the CFA-West Square Phase 1 project. 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. Funding for the Community Facility Agreement (CFA) — West Square Phase 1 project is as depicted in the table below: Existing Appropriations Fund Additional Project Total* Appropriations Water/Sewer $0.00 $140,000.00 $140,000.00 Bond 2016 — Fund 56005 $0.00 $140,000.00 $140,000.00 Project Total BUSINESS EQUITY- A goal is not required under Business Equity Ordinance 25165-10-2021 when City spending participation on Community Facilities Agreements are less than $1,000,000.00 dollars. This project is located in COUNCIL DISTRICT 3 FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are currently available in the Unspecified -All Funds project within the Water/Sewer Bond 2016 Fund and upon approval of the above recommendation and adoption of the attached appropriation ordinance, funds will be available in the Water/Sewer Bond 2016 Fund for the CFA-West Square Phase 1 project to support the approval of the above recommendation and execution of the agreement. Prior to an expenditure being incurred, the Water Department has the responsibility of verifying the availability of funds. Submitted for Citv Manaaer's Office bv: Dana Burghdoff 8018 Oriainatina Business Unit Head: Chris Harder 5020 Additional Information Contact: Victor Tornero 7830 Expedited