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HomeMy WebLinkAboutContract 59765-A1Date Received: Mar 15, 2024 Time Received: 3:10 p.m. City Secretary Contract No.: 59765-A1 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 59765 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND JEFFERSON PRIMROSE LAND HOLDINGS, LLC This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 59765 ("First Amendment") is made and entered into by and between the City of Fort Worth ("City"), a home -rule municipal corporation of the state of Texas, and Jefferson Primrose Land Holdings, LLC ("Developer"), a Delaware limited liability company. WHEREAS, the City and Developer entered into a Community Facilities Agreement for the construction of public infrastructure improvements for a Project known as Primrose Infrastructure Waterline, City Project Number 104666, City Secretary Contract No. 59765 ("CFA"); and WHEREAS, the CFA incorporated language regarding the potential of the City participating in the project with the oversizing of some of the water mains needed for the Project with the intention that if the City did participate, the parties would amend the CFA; WHEREAS, the Developer provided the City with a development bond as the financial guarantee for the Improvements in the CFA based on engineer's estimates: and WHEREAS, the City and Developer desire to amend the CFA to reflect the revised Cost Estimates, Cost Summary Table, and the City's participation for oversizing the water mains, as well as reduce the financial guarantee to reflect the new construction costs, not including the City's participation; and WHEREAS, Developer has provided the City with a rider to the development bond to reduce the penal sum of the development bond to correspond with the new construction costs; and WHEREAS, pursuant to City's request Developer agreed to oversize a 12-inch water main to a 16-inch water main on Sycamore School Road and oversize an 8-inch and 12-inch water main to a 24-inch water main on Sycamore School Road and; oversize a 12-inch to a 24- inch water main on Brewer Boulevard; and; NOW THEREFORE, City and Developer, acting herein by and through their duly authorized representatives, enter into the following agreement, which amends the City Secretary No. 59765: OFFICIAL RECORD City of Fort Worth, Texas CITY SECRETARY Amendment No. 1 to City Secretary Contract No. 59765 FT. WORTH, Tx Pagel of 8 1. The CFA is amended to delete the following recital in its entirety: WHEREAS, the City is not participating in the cost of the Improvements or Project; and 2. The CFA is amended to add the following recitals to be inserted at the end of the existing recitals: WHEREAS, the City's participation in this Agreement shall be in the amount not to exceed $2,917,510.91 to enlarge the scope of the Improvements beyond what the Developer is responsible for constructing by oversizing a 12-inch water main to a 16-inch water main on Sycamore School Road and; oversizing an 8-inch and 12-inch water main to a 24-inch water main on Sycamore School Road and; oversizing a 12-inch water main to a 24-inch water main on Brewer Boulevard ("City Participation"); and WHEREAS, the City Participation includes reimbursement to Developer in an amount not to exceed $2,691,941.19 for construction costs, $98,915.90 for design fees and $53,838.82 for material testing costs. The remaining City Participation in the amount of $72,815.00 will cover the City's portion of construction inspection service fees, administrative material testing fees, and water lab fees, which will not be paid to the Developer; and 3. Section 14 is amended in its entirety to be and read as follows: 14. Prior to execution of this Agreement, Developer has paid to the City the Developer's portion 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 for the Improvements being inspected by the City. 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 Developer's portion 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 Developer's portion 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 of the Developer's portion and the estimated payments made by the Developer is less than fifty dollars ($50.00), the City will not issue a refund and the Developer will not be responsible for paying the difference. The financial guarantee will not be released by the City or returned to the Developer City of Fort Worth, Texas Amendment No. 1 to City Secretary Contract No. 59765 Page 2 of 8 until reconciliation has been completed by the City and any fees owed to the City have been paid by the Developer. 4. Section 36 of the CFA is deleted in its entirety and replaced with the following: 36. (a) The City shall reimburse Developer for the City Participation in amounts not to exceed $2,691,941.19 for construction costs, $98,915.90 for design fees and $53,838.82 for material testing costs. The remaining City Participation in the amount of $72,815.00 shall not be paid to Developer by the City, but will be used by the City to pay the City's share of construction inspection service fees, administrative material testing fees, and water lab testing fees. The cost of any change orders must be agreed upon in writing by the parties and the party or parties benefitting from the change order must pay the costs as outlined in the written change order signed by the parties. (b) As construction of the Improvements commences, Developer will receive applications for payment from its contractor. Developer shall verify that each application for payment is due and payable under the construction contract between Developer and the contractor and that the Improvements that are the subject of the application for payment have been constructed. Developer shall submit payment requests to the City, in the form of an invoice, no more frequently than three times throughout the construction of the Improvements 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 Ebuilder software system. (c) Each Payment Request may seek reimbursement of the Improvements that have been constructed up to that point with proof of invoices from its contractor. Commencing with the first Payment Request, Developer shall provide an affidavit of payment and lien release signed by the Developer's contractor covering the amount of the previous Payment Request. Each affidavit and lien release shall verify Developer'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 Developer within 30 days after receiving the invoice. City shall have no obligation to pay Developer for the first Payment Request or any subsequent Payment Request until Developer provides the City with the affidavit of payment and lien release signed by Developer's contractor verifying Developer'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 Participation was calculated as follows: City of Fort Worth, Texas Amendment No. 1 to City Secretary Contract No. 59765 Page 3 of 8 I1NR IB: BREWER BLYO WATER IMPROYEIIEHTS iCr1Y COSTPARTWA-ATI 33 11 16, 33 1 3311.136" 24' Water Pipe {Restrained JGntsj 11 12, 33 11 LF 2501 5367.00 $935,36Q00 13. 33 11 14 .2 3311.0544 16'Water Pipe RestrainedJdntsj 33111U 33 11 12 LF 53U 4250.00 #132,506A0 3 .1311.13001 DUG1Ie Imn Water Flllings wt Re6trainl 33 11 11 TON 14 p16,060.60 4150.000-00 4 33Cd.2007 24' Water carder Pipe 33 05 24 LF 1013 $350.130 $354,5S0.00 5 33Cd.2005 15' Water Carder Pipe 3,30524 LF 531 4225.00 4141,975-U0 5 33CM.1007 4Y' Casing By Open Cur! 33 05 22 LF 463 4560.60 1270,466.00 7 33Cd.1 1 [17 4r Casing By OMer Than Open Col 3,30522 LF 331r 48CO. C4 $42d,006.00 B 03CM.1105 36' Casing By Otner Than Open Cirl 33 (15 22 LF 531 4650. CU $410.1 S6.60 9 3312.3003 24' Gate Valve lb,Vault 33 12 213 EA 6 �75.!)M.X U91.0116.130 10 33-2.3006 1UN Gate Valve wi Vautt 33 12 26 EA 2 Td5,17C9.60 590,066.130 33-2.51103 8' BIDW Off Valve 33 12 66 EA 1 W,1160.60 544,017C.00 12 3312. 11112 2' CDmbination Air Valve Assemblyfor 33 12 3l3 EA 1 .0UL60 534,017C.CC Walff 13 3312.11103 3' Combination Air Valve A56mblyfor 33 12 3lr EA 1 1:36,6W.C13 536,566.66 Walff 14 33-2.•31DE Cor ledlan 10 E3lsting24' 1V3der Main 33 12 25 EA 1 K4.0(1.60 524,56C.00 15 33Z=.•300: Calh:-. o Pldteollon 33 04 12 LS 1 512t1,t1C0.00 5120,OOC.CO 16 39= 3.-1001 udI CD rosNlty lnvestlgatlon anti Cat116dd 33 04 12 LS 1 K3,000.00 5E•3,001).CC Dri-.eUon Demon 17 -3171.•1101 ConstruaWn-UKing 617123 LS 1 �50,000.170 550,006.1)U 18 71'1.:]1G2As-BulltSurvey 017123 LS 1 �W.00.1)11 550,006.00 19 3125.131111 SWPPP n acre 3125O1r LS 1 46,000.C4 V.006.40 20 34T1.01101 Traffic ContrG 3471 13 MO 5 45.000.60 530.000-00 21 3291.01t]li Tapsoll 3291 19 CV In 4329.60 S41,275-Oa 22 3292.03015 !3mdlrg, Mech Drilling 329213 SY 22ED $2.C9 $4,5644U 23 3261.0203 Asphalt Pvint Repair Beprid Dwane l Vidal, 3401 17 SY 261 4110 C9 528 714A0 Indushlal 24 33MA 103 Expldratlrry Exnavatllrn of Existing U111tles 33 05 36 EA G $850.00 W10&60 25 33MA 109 Trench Sarety 3305 10 LF 3514 $2.60 $7�2213-00 26 33Cd.01 14 Utility Masters 33 05 26 LS 1 Td0,0UL C4 wi,aoflwa 27 33M.0112 CDncrEle Cdlarrdr Manhole 3305 17 EA 5 42,0ULD(l 515,000-00 28 3312.1311T Cor iect'an io EAsting4'-12' Water Main 3.31225 EA 1 1.14,000.C4 514,A170.00 29 9999.0002 CoralrustonAlbvlance 330514 LS 1 5100,0ULD13 31Do. (100.00 I TOTAL UINU 15: BREWER BLY0 WATER IMPROVEMENTS WXFY COST PARTI-CIPAT34N1 S4,1)CA,8811.130 Bid ,� Dn Cost a" Cast Total ll N rr 113: BREWER B LVD 0ATER W.P EOVE U ENT ; (56.9% City-34_H6[leVj 41,392,946.61 VADIM1.19 S4.D2A,88E.00 T-aW L-0ostructio■ Bid *2,047,307,6'1 *2A31.U1.19 $4,738,249.00 (d) On February 13, 2024, through approval of M&C No. 24-0132, the City Council has appropriated $2,917,510.91 for the City's participation in this Agreement. In the event any additional funds beyond the City Participation already approved by City Council are necessary, such amount would need to be approved through the execution of an amendment to the CFA and may require additional appropriation of funds by City Council. In the event no funds or insufficient funds are appropriated and budgeted for amounts beyond what already has been appropriated 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. (e) Substantial completion of the Improvements shall occur after Developer's Contractor notifies 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 Amendment No. 1 to City Secretary Contract No. 59765 Page 4 of 8 5. Section 38 of the CFA is amended in its entirety to be and read as set forth in Exhibit "A" of this First Amendment. 6. The Cost Estimates in the CFA are amended in their entirety to be and read as set forth in Exhibit B of this First Amendment, which is attached hereto and incorporated herein by reference. 7. a. All other provisions of City Secretary Contract Number 59765 which are not expressly amended herein, shall remain in full force and effect. b. All terms in this First Amendment that are capitalized, but not defined, shall have the meanings ascribed to those terms in City Secretary Contract Number 59765. [REMAINDER OF PAGE INTENTIONALLY BLANK] City of Fort Worth, Texas Amendment No. 1 to City Secretary Contract No. 59765 Page 5 of 8 IN TESTIMONY WHEREOF, the City and Developer have executed this First Amendment to be effective on the date signed by the City's Assistant City Manager. CITY OF FORT WORTH T>a� liG 9 d4'z Dana Burghdoff (Mar 4, 2024 CDT) Dana Burghdoff Assistant City Manager Date: Mar 14, 2024 Recommended by: Q -." Dwayne Hollars (Mar 12, 2024 09:49 CDT) Dwayne Hollars Contract Compliance Specialist Development Services Approved as to Form & Legality: Richard McCracken (Mar 13, 2024 09:15 CDT) Thomas Royce Hansen/Richard A. McCracken Assistant City Attorney M&C No. 24-0132 Date: 2/13/24 ATTEST: Jannette S. Goodall City Secretary ooaap� ,v 'o FORT°o�9�d 01.o * ° °.Id P v8 *� aso C� nEX 4544a DEVELOPER Jefferson Primrose Land Holdings, LLC zgla,Aegvlor Blake Taylor (Mar 12, 2024 09:43 CDT) Blake Taylor Senior Vice President Date: Mar 12, 2024 Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including all performance and reporting requirements. —UI/A1 Rebecca Owen (Mar 12, 2024 09:58 CDT) Name: Rebecca Diane Owen Title: Development Manager OFFICIAL RECORD City of Fort Worth, Texas CITY SECRETARY Amendment No. 1 to City Secretary Contract No. 59765 FT. WORTH, Tx Page 6 of 8 EXHIBIT A 38. Cost Summary Sheet Project Name: Primrose Infrastructure Waterline CFA No.: 23-0046 Items A. Water and Sewer Construction 1A. Water Construction 1 B. Water Construction 2. Sewer Construction Water and Sewer Construction Total City Project No.: 104666 IPRC No.: 23-0003 B. TPW Construction 1. Street 2. Storm Drain 3. Street Lights Installed by Developer 4. Signals TPW Construction Cost Total Total Construction Cost (excluding the fees) Estimated Construction Fees: C. Construction Inspection Service Fee D. Administrative Material Testing Service Fee E. Water Testing Lab Fee F. Material Testing Cost F. Design Fees Total Estimated Construction Fees: TOTAL PROJECT COST Financial Guarantee Bond = 100% City of Fort Worth, Texas Amendment No. 1 to City Secretary Contract No. 59765 Page 7 of 8 Developer's Cost City's Cost Total Cost $ 654,361.00 $ - $ 654,361.00 $ 1,392,946.81 $2,691,941.19 $ 4,084,888.00 $ 2,047,307.81 $2,691,941.19 $ 4,739,249.00 $ 2,047,307.81 $ 2,691,941.19 $ 4,739,249.00 $ 6,250.00 $ 68,750.00 $ 75,000.00 $ 490.00 $ 3,675.00 $ 4,165.00 $ 1,050.00 $ 390.00 $ 1,440.00 $ - $ 53,838.82 $ 53,838.82 $ 51,184.10 $ 98,915.90 $ 150,100.00 $ 58,974.10 $ 225,569.72 $ 284,543.82 $ 2,106,281.91 $ 2,917,510.91 $ 5,023,792.82 Amount Choice $ 2,047,307.81 I X UNIT PRICE BID 00 42 43 DAP - BID PROPOSAL. EXHIBIT B Page I of SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Bidder's Application Project Item Information Bidder's Proposal Bidlist I Description Specification I Unit of Bid Unit Price I Bid Value Item No. Section No. Measure Quantity UNIT I: WATER IMPROVEMENTS 1 3311.0444 12" Water Pipe (Restrained Joints) 3311 10,33 LF 1338 $180.00 $240,840.00 11 12 2 3311.0468 12" PVC Water Pipe, CLSM Backfill 33 11 10,33 LF 40 $300.00 $12,000.00 (Restrained Joints) 11 12 3 3311.0241 8" Water Pipe 3311 10,33 LF 246 $150.00 $36,900.00 11 12 4 3311.0244 8" Water Pipe, CLSM Backfill 33 11 10, 33 11 12 LF 55 $260.00 $14,300.00 5 3311.0141 6" Water Pipe 3411 10,33 LF 76 $125.00 $9,500.00 11 12 6 3311.0041 4" Water Pipe 3411 10, 33 LF 8 $1,050.00 $8,400.00 11 12 7 3311.0001 Ductile Iron Water Fittings w/ Restraint 33 11 11 TON 4 $17,000.00 $68,000.001 8 3312.0001 Fire Hydrant 33 12 40 EA 2 $7,800.00 $15,600.001 9 3312.2801 3" Water Meter and Vault 33 1211 EA 2 $54,000.00 $108,000.001 10 3312.2103 1 1/2" Water Service 3312 11 EA 2 $6,800.00 $13,600.00 11 3312.3005 12" Gate Valve 33 12 20 EA 10 $6,800.00 $68,000.00 12 3312.3003 8" Gate Valve 33 1220 EA 7 $4,500.00 $31,500.00 13 3312.3002 6" Gate Valve 33 12 20 EA 2 $5,250.00 $10,500.00 14 3292.0300 Seeding, Mech Drilling 3292 13 SY 2858 $2.00 $5,716.00 15 3305.0109 Trench Safety 3305 10 LF 1715 $2.00 $3,430.00 16 3305.0117 Concrete Collar for Valve 33 05 17 EA 19 $425.00 $8,075.00 TOTAL UNIT I: WATER IMPROVEMENTS 1 $654,361.001 UNIT IB: BREWER BLVD WATER IMPROVEMENTS (CITY COST 3ARTICIPATION) 1 M1110,33 1 3311.0644 24" Water Pipe (Restrained Joints) 11 12, 33 11 LF 2601 $360.00 $936,360.00 13. 33 11 14 2 3311.0544 16" Water Pipe (Restrained Joints) 3311 10,33 11 12 LF 530 $250.00 $132,500.00 3 3311.0001 Ductile Iron Water Fittings w/ Restraint 33 11 11 TON 10 $16,000.00 $160,000.001 4 3305.2007 24" Water Carrier Pipe 33 05 24 LF 1013 $350.00 $354,550.00 5 3305.2005 16" Water Carrier Pipe 33 05 24 LF 631 $225.00 $141,975.00 6 3305.1007 42" Casing By Open Cut 33 05 22 LF 483 $560.00 $270,480.00 7 3305.1107 42" Casing By Other Than Open Cut 33 05 22 LF 530 $800.00 $424,000.00 8 3305.1105 30" Casing By Other Than Open Cut 33 05 22 LF 631 $650.00 $410,150.00 9 3312.3008 24" Gate Valve w/ Vault 331220 EA 6 $75,000.00 $450,000.00 10 3312.3006 16" Gate Valve w/ Vault 33 12 20 EA 2 $45,000.00 $90,000.00 11 3312.6003 8" Blow Off Valve 33 12 60 EA 1 $44,000.00 $44,000.001 12 3312.1002 2" Combination Air Valve Assembly for 33 12 30 EA 1 $34,000.00 $34,000.00 Water 13 3312.1003 3" Combination Air Valve Assembly for 33 1230 EA 1 $36,500.00 $36,500.00 Water 14 3312.0108 Connection to Existing 24" Water Main 331225 EA 1 $24,500.00 $24,500.001 15 3304.0002 Cathodic Protection 3304 12 LS 1 $120,000.00 $120,000.001 16 9999.0001 Soil Corrosivity Investigation and Cathodic 3304 12 LS 1 $63,000.00 $63,000.00 Protection Desiqn 17 0171.0101 Construction Staking 01 71 23 LS 1 $50,000.00 $50,000.001 18 0171.0102 As -Built Survey 01 71 23 LS 1 $50,000.00 $50,000.001 19 3125.0101 SWPPP >_ 1 acre 31 2500 LS 1 $6,000.00 $6,000.001 20 3471.0001 Traffic Control 3471 13 MO 6 $5,000.00 $30,000.001 CITY OF PORT NORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 Northbound Brewer Blvd City Project No. 103435 00-41-00 00-42-43_00-45-12_bid-proposal-workbook.xls 22 3292.0300 Seeding, Mech Drilling 3292 13 SY 2280 $2.00 23 3201.0203 Asphalt Pvmt Repair Beyond Defined Width, 3401 17 SY 261 $110.00 Industrial 24 3305.0103 Exploratory Excavation of Existing Utilities 33 05 30 EA 6 $850.00 25 3305.0109 Trench Safety 3305 10 LF 3614 $2.00 26 3305.0110 Utility Markers 33 05 26 LS 1 $40,000.00 27 3305.0112 Concrete Collar for Manhole 33 05 17 EA 8 $2,000.00 28 3312.0117 Connection to Existing 4"-12" Water Main 331225 EA 1 $14,000.00 29 9999.0002 Construction Allowance 33 05 10 LS 1 $100,000.00 TOTAL UNIT IB: BREWER BLVD WATER IMPROVEMENTS (CITY COST PARTICIPATION) Bid Summary UNIT I: WATER IMPROVEMENTS UNIT IB: BREWER BLVD WATER IMPROVEMENTS (CITY COST PARTICIPATION) This Bid is submitted by the entity named below: BIDDER: Gra-1'ex Utilities Inc. PO Box 1038 <Address Here or Blank> Kennedale Texas 76060 Contractor agrees to complete WORK for FINAL ACCEPTANCE within CONTRACT commences to run as provided in the General Conditions. Total Construction Bid BY: Rm flellin 4vshh.a. TITLE:PA1 DATE: 10/26/2023 END OF SECTION 00 42 43 DAP - BID PROPOSAL Page 3 of 3 $4, 560.00 1 $28, 710.00 $5,100.00 $7,228.00 $40,000.00 $16,000.00 $14,000.00 $100, 000.00 1 $4,084,888.00 $654,361.00 $4,084,888.00 $4,739,249.00 240 working days after the date when the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 Northbound Brewer Blvd City Project No. 103435 00-41-00_00-42-43_00-45-12_bid-proposal-workbook.xls City of Fort Worth, Texas Mayor and Council Communication DATE: 02/13/24 M&C FILE NUMBER: M&C 24-0132 LOG NAME: 60PRIMROSE STATION WATER LINE SUBJECT (CD 6) Authorize Execution of a Community Facilities Agreement with Jefferson Primrose Land Holdings, LLC, with City Participation in an Amount Not to Exceed $2,917,510.92 for Oversizing a 12-Inch to a 16-Inch Water Main on Sycamore School Road, Oversizing an 8-Inch and 12-Inch Water Main to a 24-Inch Water Main Also on Sycamore School Road and Oversizing a 12-Inch to 24-Inch Water Main on Brewer Boulevard Located in Southwest Fort Worth, and Adopt Appropriation Ordinances to Effect a Portion of Water's Contribution to the Fiscal Years 2024-2028 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of a Community Facilities Agreement with Jefferson Primrose Land Holdings, LLC, with City participation in the amount not to exceed $2,917,510.92 for oversizing a 12-inch to 16-inch water main on Sycamore School Road, oversizing an 8-inch and 12- inch water main to a 24-inch water main also on Sycamore School Road, and oversizing a 12-inch to 24-inch water main on Brewer Boulevard, all located in southwest Fort Worth; 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 Community Facilities Agreement Bucket programmable project (City Project No. P00001) in the amount of $1,000,000.00 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 Community Facilities Agreement — CFA Primrose Station Waterline project (City Project No. 104666); and 3. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Water and Sewer Bond 2017A Fund by increasing estimated receipts and appropriations in the Community Facilities Agreement Bucket programmable project (City Project No. P00001) in the amount of $2,321,303.00 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 Community Facilities Agreement- CFA Primrose Station Waterline project (City Project No. 104666) and to effect a portion of Water's contribution to Fiscal Years 2024-2028 Capital Improvement Program. DISCUSSION: Jefferson Primrose Land Holdings, LLC (Developer) is constructing the Primrose Station development project located west of Chisholm Trail Parkway and south of Sycamore School Road. The City is participating in the project to oversize a 12-inch to a 16-inch Water Main and oversizing an 8-inch and 12-inch water main to a 24-inch water main for anticipated future growth in the area. Additionally, the City is participating in the project to oversize a 12-inch to a 24-inch water main on Brewer Blvd that will connect at the intersection at Brewer Boulevard and Sycamore School Road. The construction cost for the project is estimated to be allocated at 65.9% for the Developer and 34.1 % for the City. Primrose Station water line project is assigned City Project No. 104666 and Accela System Record IPRC23-0003. The project has been publicly bid. The City's cost participation in oversizing of the water mains is estimated to be in an amount not to exceed $2,917,510.92 as shown in the table below. Payments to the Developer are estimated to be $2,691,941.19 for construction costs, $53,838.82 for material testing costs and $98,915.90 for design services. The City's cost participation also includes $72,815.00 to cover the City's portion of construction inspection service fees, administrative material testing fees, and water lab fees. An additional $403,791.18 in the contingency funds will cover the City's portion of any change orders. The following table shows the cost -sharing breakdown for the project between all parties: A. Public Improvements 1A. Water Improvements 1 B. Water Improvements Contingency B. Inspections & Testing Developer City Cost Total Cost Cost $654,361.00 $0.00 $654,361.00 $1,392,946.81 $2,691,941.19 $4,084,888.00 $0 $403,791.18 $403,791.18 1. Construction Inspection Fee $6,250.00 $68,750.00 $75,000.00 2. Admin Material Testing Fee �3. Material Testing Cost �4. Water Lab Fee �5. Design Fees Total Project Cost $490.00 $3,675.00 $4,165.00 $0.00 $53,838.82 $53,838.82 $1,050.00 $390.00 $1,440.00 $51,184.10 $98,915.90 $150,100.00 $2,106,281.91 $3,321,302.09 $5,427,584.00 *Numbers will be rounded up for accounting purposes. The reimbursement of the City participation, excluding inspection and material testing fees, is not a lump -sum amount and may be less than the stated amount depending upon the actual quantities and unit prices from the Notice of Final Completion package, commonly referred to as the Green Sheet package. It is the practice of the Water Department to appropriate its CIP plan throughout the Fiscal Year, instead of within the annual budget ordinance, as projects commence, additional funding needs are identified, and to comply with bond covenants. The actions in the Mayor & Council Communication (M&C) will appropriate funds in support of the Water Department's portion of the City of Fort Worth's Fiscal Years 2024-2028 Capital Improvements Program, as follows: 60Primrose Station Waterline Capital Project FY2024 CIP Budget Revised Fund Name Name Appropriations Authority Adjustment FY2024 Budget 104666 — Water/Sewer CFA- Bond 2016 — Primerose $0.00 This M&C $1,000,000.00 $1,000,000.00 Fund 56005 Station Waterline Water and 104666 — Sewer Bond CFA- 2017A — Primerose $0.00 This M&C $2,321,303.00 $2,321,303.00 Fund 56011 Station Waterline Funding is currently available in the Unspecified -All Funds project within the Water/Sewer Bond 2016 Fund & the Water and Sewer Bond 2017A Fund for the purpose of funding the CFA-Primerose Station Waterline project. Funding for the Community Facility Agreement (CFA) — Primrose Station Waterline as depicted in the table below: Fund CFA-Developer— Fund 30114 Existing Additional project Total* Appropriations Appropriations $36,150.00 $0.00 $36,150.00 Water/Sewer Bond 2016 — Fund 56005 $0.00 $1,000,000.00$1,000,000.00 Water and Sewer Bond $0.00 $2,321,303.00 $2,321,303.00 2017A — Fund 56011 Project Total $36,150.00 $3,321,303.00 $3,357,453.00 *Numbers rounded for presentation purposes. BUSINESS EQUITY- A waiver of the goal for Business Equity subcontracting requirements was requested, and approved by the DVIN, in accordance with the applicable Ordinance, because the application of the provisions of this ordinance will impose an economic risk on the City or unduly delay acquisition of the goods or services. This project is located in COUNCIL DISTRICT 6. 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 the Water & Sewer Bond 2017A Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the Water/Sewer Bond 2016 Fund and the Water & Sewer Bond 2017A Fund for the CFA- Primrose Station Waterline 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. Submitted for Citv Manaaer's Office by Oriainatina Business Unit Head Additional Information Contact: Fernando Costa 8018 Chris Harder 5020 Suby Varughese 8009