HomeMy WebLinkAboutContract 61673City of Fort Worth, Texas Page 1 of 22
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
Received Date: _______________
Received Time: _______________
Developer and Project Information Cover Sheet:
Developer Company Name: TPHMI DFW 4047, LLC
Address, State, Zip Code: 6201 W. Plano Pkwy, Plano, TX 75093
Phone & Email: 214-876-2559; Bruce.French@TriPointeHomes.com
Authorized Signatory, Title: Bruce French, Vice President
Project Name: LaPrelle 30-in and 36-in Water
Brief Description: Water
Project Location: 544 Blue Mound Rd, Fort Worth, TX 76052
Plat Case Number: PP-22-001 Plat Name: LaPrelle
Mapsco: 61W Council District: 10
CFA Number: 24-0017 City Project Number: 105160
City of Fort Worth, Texas Page 2 of 22
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
City Secretary Number: _______________
STANDARD COMMUNITY FACILITIES AGREEMENT
WITH CITY PARTICIPATION
This COMMUNITY FACILITIES AGREEMENT (“Agreement”) is made and entered into by
and between the City of Fort Worth (“City”), a home-rule municipal corporation of the State of Texas,
acting by and through its duly authorized Assistant City Manager, and TPHMI DFW 4047, LLC
(“Developer”), a Delaware limited liability company, 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 LaPrelle 30-
in and 36-in Water (“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
$2,703,418.28 to enlarge the scope of the Improvements beyond what Developer is responsible for
constructing by oversizing an 8-inch water main to a 30-inch water main and a 12-inch water main to a 36-
inch water main as authorized by City Council through approval of M&C 24-0602 on June 25, 2024 (“City
Participation”); and
WHEREAS, the City Participation includes reimbursement to Developer in amounts not to exceed
$2,552,082.43 for construction costs, $2,526.34 for IPRC plan review fees, $8,648.42 for public bid
advertisement costs, and $51,041.65 for material testing costs. The remaining City Participation in the
amount of $89,119.44 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
WHEREAS, the Developer and the City desire to enter into this Agreement in connection with
the collective Improvements for the Project;
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Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
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 exist between the terms and conditions
of this Agreement and the CFA Ordinance, the CFA Ordinance shall control.
2.
Incorporation of Engineering Plans
The engineering plans for the Improvements that have been approved by the City (“Engineering
Plans”) are incorporated into this Agreement by reference as if fully set out herein. Developer shall provide
at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to
construct the Improvements required by this Agreement.
3.
Description of Improvements; Exhibits and Attachments
The following exhibits describe the general location, nature and extent of the Improvements that
are the subject of this Agreement and are attached hereto and incorporated herein by reference:
Exhibit A: Water
Exhibit B: Sewer
Exhibit C: Paving
Exhibit D: Storm Drain
Exhibit E: Street Lights & Signs
Exhibit F: Traffic Signal & Striping
The Location Map and Cost Estimates are also attached hereto and incorporated herein by
reference. To the extent that Exhibits A, B, C, D, E, F, the Location Map, or the Cost Estimates conflict
with the Engineering Plans, the Engineering Plans shall control. If applicable, Attachment 1 – Changes
to Standard Community Facilities Agreement, Attachment 2 – Phased CFA Provisions, and Attachment
3 – Concurrent CFA Provisions, are attached hereto and incorporated herein for all purposes.
4.
Construction of Improvements
Developer agrees to cause the construction of the Improvements contemplated by this Agreement
and that said construction shall be completed in a good and workmanlike manner and in accordance with
all City standards and specifications, the Engineering Plans, the Cost Estimates provided for the
Improvements, and this Agreement. Developer acknowledges that City will not accept the Improvements
until the City receives affidavits and lien releases signed by Developer’s contractors verifying that the
contractors, and all subcontractors and material suppliers, have been paid in full for constructing the
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Standard Community Facilities Agreement with City Participation
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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.
(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
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Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
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
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.
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Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
(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
ANY CHARACTER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ON ACCOUNT
OF ANY INJURIES OR DAMAGES SUSTAINED BY ANY PERSONS, INCLUDING DEATH,
OR TO ANY PROPERTY, RESULTING FROM OR IN CONNECTION WITH THE
CONSTRUCTION, DESIGN, PERFORMANCE OR COMPLETION OF ANY WORK TO BE
PERFORMED BY SAID DEVELOPER, ITS CONTRACTORS, SUBCONTRACTORS,
OFFICERS, AGENTS OR EMPLOYEES, OR IN CONSEQUENCE OF ANY FAILURE TO
PROPERLY SAFEGUARD THE WORK, OR ON ACCOUNT OF ANY ACT, INTENTIONAL
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Standard Community Facilities Agreement with City Participation
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OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID DEVELOPER, ITS
CONTRACTORS, SUB-CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES,
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.
(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 IN ANY 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 IN ACCORDANCE WITH ALL PLANS AND SPECIFICATIONS.
13.
Right to Enforce Contracts
Upon completion of all work associated with the construction of the Improvements, Developer will
assign to the City a non-exclusive right to enforce the contracts entered into by Developer with its
contractors, along with an assignment of all warranties given by the contractors, whether express or implied.
Further, Developer agrees that all contracts with any contractor shall include provisions granting to the City
the right to enforce such contracts as an express intended third party beneficiary of such contracts.
14.
Estimated Fees Paid by Developer; Reconciliation
Prior to execution of this Agreement, Developer has paid to the City the Developer’s 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. 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 fees are less than the estimated payments made by
the Developer, the City will refund the difference to the Developer. If the difference between the actual costs
and the estimated payments made by the Developer is less than fifty dollars ($50.00), the City will not issue
a refund and the Developer will not be responsible for paying the difference. The financial guarantee will
not be released by the City or returned to the Developer until reconciliation has been completed by the City
and any fees owed to the City have been paid by the Developer.
15.
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Standard Community Facilities Agreement with City Participation
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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: DEVELOPER:
Development Coordination Office TPHMI DFW 4047, LLC
City of Fort Worth 6201 W. Plano Pkwy
200 Texas Street Plano, TX 75093
Fort Worth, Texas 76102
With copies to:
City Attorney's Office
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
and
City Manager’s Office
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
Or to such other address one party may hereafter designate by notice in writing addressed and
mailed or delivered to the other party hereto.
17.
Right to Audit
Developer agrees that, until the expiration of three (3) years after acceptance by the City of the
Improvements constructed pursuant to this Agreement, that the City shall have access to and the right to
examine any directly pertinent books, documents, papers and records of the Developer involving
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Standard Community Facilities Agreement with City Participation
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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.
20.
Non-Waiver
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Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
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.
26.
Prohibition on Boycotting Energy Companies
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Developer acknowledges that in accordance with Chapter 2276 of the Texas Government Code 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. To the extent
that Chapter 2276 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 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. To the extent that Chapter 2274 of the Government Code is applicable
to this Agreement, by signing this Agreement, Developer certifies that Developer’s signature provides
written verification to the City that Developer: (1) does not have a practice, policy, guidance, or directive
that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against
a firearm entity or firearm trade association during the term of this Agreement.
28.
Compliance with Public Information Act Requests
The requirements of Subchapter J, Chapter 552, Government Code, may apply to this
Agreement and Developer agrees that the Agreement can be terminated if Developer knowingly or
intentionally fails to comply with a requirement of that subchapter. Developer acknowledges that
section 552.371 of the Texas Government Code applies to this Agreement if: (1) this Agreement has a stated
expenditure of at least $1 million in public funds for the purchase of good or services by the City; or (2)
this Agreement results in the expenditure of at least $1 million in public funds for the purchase of goods or
services by the City in a fiscal year of the City. To the extent that section 552.371 of the Texas Government
Code applies to this Agreement, Developer shall comply with section 552.372 of the Texas Government
Code by: (1) preserving all contracting information relating to this Agreement as provided by the records
retention requirements applicable to the City for the duration of the Agreement; (2) promptly providing the
City any contracting information related to this Agreement that is in the custody or possession of Developer
on request of the City; and (3) on completion of the Agreement, either (a) providing at no cost to the City
all contracting information related to the Agreement that is in the custody or possession of Developer; or
(b) preserving the contracting information relating to the Agreement as provided by the retention
requirements application to the City.
29.
Immigration and Nationality Act
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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
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.
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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 $2,552,082.43 for construction costs,
$2,526.34 for IPRC plan review fees, $8,648.42 for the public bid advertisement costs, and
$51,041.65 for material testing costs. The remaining City Participation in the amount of $89,119.44
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. During
construction of the Improvements, Developer will receive applications for payment from
Developer’s contractors. Developer shall verify that each application for payment is due and
payable under the construction contracts between Developer and the contractors and that the
Improvements that are the subject of the application for payment have been constructed. Developer
shall submit payment requests to the City, in the form of an invoice, no more frequently than one
time per month to obtain reimbursement of the City Participation (each a “Payment Request”).
Each Payment Request shall be delivered to the City utilizing the City’s BIM 360 software
application and the spreadsheet approved by the City. Each Payment Requested submitted by
Developer shall be accompanied with proof that: (1) Developer has paid the contractors for the
amount included in the Payment Request; and (2) an affidavit and lien release from the contractors
indicating that Developer has paid the contractors in full for the amount included in each Payment
Request and the contractors have paid all subcontractors and material suppliers in full. Developer
must register as a vendor of the City in order for the City Participation to be paid to Developer.
The cost of any charge orders must be agreed upon in writing by the parties and the party or parties
benefitting from the change order must pay the costs as outlined in the written change order signed
by the parties. The City Participation for construction costs was calculated as follows:
(b) Substantial completion of the Improvements shall occur after Developer’s contractors notify the
City that the Improvements are constructed and ready for their intended use, the City and
Developer’s contractors inspect the Improvements, and the City concurs that the Improvements are
substantially complete. This City will withhold 5% in retainage from each payment made to
Developer. Retainage shall be paid by City to Developer 60 days after the Improvements are
constructed and accepted by the City and Developer delivers an invoice to the City. Developer will
withhold 5% retainage from each payment Developer makes to Developer’s contractor.
(c) In the event no funds or insufficient funds are appropriated and budgeted or are otherwise
City of Fort Worth, Texas Page 14 of 22
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
unavailable by any means whatsoever in any fiscal period for payments due under this Agreement,
then the City will immediately notify Developer of such occurrence and this Agreement shall be
terminated on the last day of the fiscal period for which appropriations were received without
penalty or expense to the City of any kind whatsoever, except to the portions of annual payments
herein agreed upon for which funds shall have been appropriated.
38.
Minority Business Enterprise Compliance
It is City policy to ensure the full and equitable participation by Minority Business Enterprises
(MBE) and Small Business Enterprises (SBE) in the procurement of goods and services on a contractual
basis. In accordance with the City's Business Diversity Enterprise Ordinance No. 20020-26712- 2011 (as
amended), the City has established a goal of 27% for the Improvements in this Agreement as set forth in
Attachment 4, which is attached hereto and incorporated herein by reference. Developer shall comply with
the intent of the City's Business Diversity Enterprise Ordinance. Developer shall, upon request by City,
provide complete and accurate information regarding actual work performed by an MBE or SBE on this
Agreement and payment therefor. Developer will not make additions, deletions, or substitutions of accepted
MBE or SBE without written consent of the City. Any unjustified change or deletion shall be a material
breach of this Agreement. Developer shall require its contractors to comply with the Diversity Enterprise
Ordinance and the 27% goal for the Improvements in this Agreement.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
City of Fort Worth, Texas Page 15 of 22
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
39.
Cost Summary Sheet
Project Name: LaPrelle 30-in and 36-in Water
CFA No. 24-0017 IPRC No. 23-0152 City Project No. 105160
Items Developer's Cost City's Cost Total Cost
A. Water and Sewer Construction
1. Water Construction 575,469.57$ 2,552,082.43$ 3,127,552.00$
2. Sewer Construction -$ -$ -$
Water and Sewer Construction Total 575,469.57$ 2,552,082.43$ 3,127,552.00$
B. TPW Construction
1. Street -$ -$ -$
2. Storm Drain -$ -$ -$
3. Street Lights Installed by Developer -$ -$ -$
4. Signals -$ -$ -$
TPW Construction Cost Total -$ -$ -$
Total Construction Cost (excluding the fees):575,469.57$ 2,552,082.43$ 3,127,552.00$
Estimated Construction Fees:
C. Construction Inspection Service Fee 19,320.00$ 85,680.00$ 105,000.00$
D. Administrative Material Testing Service Fee 676.20$ 2,998.80$ 3,675.00$
E. Water Testing Lab Fee 99.36$ 440.64$ 540.00$
F. Material Testing Cost -$ 51,041.65$ 51,041.65$
G. IPRC Plan Review Fees 569.66$ 2,526.34$ 3,096.00$
H. Public Bid Advertisement Cost 1,950.14$ 8,648.42$ 10,598.56$
Total Estimated Construction Fees:22,615.36$ 151,335.85$ 173,951.21$
TOTAL PROJECT COST 598,084.93$ 2,703,418.28$ 3,301,503.21$
Financial Guarantee Options, choose one Amount
Choice (Mark
one)
Bond = 100%575,469.57$ X
Cash Escrow Water/Sanitary Sewer= 125%719,336.96$
Cash Escrow Paving/Storm Drain = 125%-$
Escrow Agreement = 125%719,336.96$
Letter of Credit = 125% 719,336.96$
City of Fort Worth, Texas Page 16 of 22
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
Dana Burghdoff
Assistant City Manager
Date: __________________
Recommended by:
Bichson Nguyen
Contract Compliance Specialist
Development Services Department
Approved as to Form & Legality:
Richard A. McCracken
Sr. Assistant City Attorney
M&C No. 24-0602
Date:
Form 1295: 2024-1160981
ATTEST:
Jannette Goodall
City Secretary
DEVELOPER
TPHMI DFW 4047, LLC
By:
Name: Bruce French
Title: Vice President
Date:
Contract Compliance Manager:
By signing, I acknowledge that I am the person
responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
Rebecca Diane Owen
Development Manager
City of Fort Worth, Texas Page 17 of 22
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
The following attachments are incorporated into this Agreement. To the extent a
conflict exists between the main body of this Agreement and the following attachments, the
language in the main body of this Agreement shall be controlling.
Included Attachment
Attachment 1 - Changes to Standard Community Facilities Agreement
Attachment 2 – Phased CFA Provisions
Attachment 3 – Concurrent CFA Provisions
Attachment 4 – Business Diversity Ordinance Compliance
Location Map
Exhibit A: Water Improvements
Exhibit B: Sewer Improvements
Exhibit C: Paving Improvements
Exhibit D: Storm Drain Improvements
Exhibit E: Street Lights and Signs Improvements
Exhibit F: Traffic Signal and Striping Improvements
Cost Estimates
(Remainder of Page Intentionally Left Blank)
City of Fort Worth, Texas Page 18 of 22
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
ATTACHMENT “1”
Changes to Standard Community Facilities Agreement
City Project No. 105160
None
City of Fort Worth, Texas Page 19 of 22
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
ATTACHMENT “2”
Phased CFA Provision
City Project No. 105160
The improvements being constructed by Developer pursuant to this Agreement will
connect to improvements Developer is constructing under a separate Community Facilities
Agreement that have not been completed and accepted by the City. Therefore, this Agreement
shall be considered a “Phased CFA” and the provisions contained in this section shall apply to this
Agreement.
The improvements being constructed by Developer under the separate Community
Facilities Agreement shall be defined as the “Parent Project.” The improvements being
constructed by Developer under this Agreement shall be defined as the “Child Project.”
Developer acknowledges and agrees that due to Developer’s election to construct a Phased
CFA, the potential exists for technical, delivery, acceptance or performance problems (hereinafter
“Construction Problems”). Construction Problems may include, but are not limited to: failure of
the improvements to comply with the approved plans or City Specifications; failure of the
improvements in the Parent Project and the Child Project to properly connect to each other;
changes to the design or construction of the improvements in the Parent Project that impact the
design and construction of the improvements in the Child Project; construction delays, delay
claims, or claims for liquidated damages; increased costs for the Developer; failure of the
improvements to pass inspection or material testing; or rejection by the City of some or all of the
improvements and Developer having to remove and reconstruct the improvements at Developer’s
expense. In addition, Developer understands and agrees that disputes may arise between
Developer’s contractors or their subcontractors relating to responsibility for the Construction
Problems. Developer shall be solely responsible for resolving disputes between contractors or
disputes between contractors and subcontractors.
Developer further acknowledges and agrees that Developer has notified all of Developer’s
contractors for the Project that Developer has elected to construct a Phased CFA, the provisions
of this section, the risks associated with a Phased CFA, and that the City shall not bear any
responsibility for Developer’s decision to proceed with a Phased CFA.
Developer shall not make the final connection of the improvements in the Child Project to
the improvements in the Parent Project until the improvements in the Parent Project have been
constructed and accepted by the City and the City has consented to Developer making the
connection.
Developer agrees that if this Agreement is for improvements relating to the construction,
renovation or modification of one or more single family residential homes or structures, the City
will not record the plat related to the Project until the improvements are constructed and accepted
by the City. Developer agrees that if this Agreement is for improvements relating to the
construction, renovation or modification of one or more commercial buildings or structures, the
Developer shall not receive a Certificate of Occupancy from the City for the building(s) related to
the Project until the improvements in this Agreement are constructed and accepted by the City.
Developer further understands and agrees that completion of the improvements under this
Agreement does not entitle Developer to obtain a final plat of the property until all other
requirements of Federal law, State law, or the City Code relating to the filing and recording of a
final plat have been met by Developer.
City of Fort Worth, Texas Page 20 of 22
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
BY CHOOSING TO CONSTRUCT A PHASED CFA, DEVELOPER ASSUMES ALL
RISKS AND DEVELOPER SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL
DAMAGES, INCLUDING BUT NOT LIMITED TO ANY AND ALL ECONOMIC DAMAGES
PROPERTY LOSS, PROPERTY DAMAGES AND PERSONAL INJURY, (INCLUDING
DEATH), OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED.
DEVELOPER HEREBY EXPRESSLY RELEASES AND DISCHARGES CITY FROM ANY
AND ALL LIABILITY FOR DAMAGES, INCLUDING, BUT NOT LIMITED TO ANY AND
ALL ECONOMIC DAMAGES, PROPERTY LOSS, PROPERTY DAMAGE AND PERSONAL
INJURY (INCLUDING DEATH) ARISING OUT OF OR IN CONNECTION WITH,
DIRECTLY OR INDIRECTLY, THE CONSTRUCTION OF THE IMPROVEMENTS OR
DEVELOPER’S DECISION TO CONSTRUCT A PHASED CFA. DEVELOPER, AT ITS
SOLE COST AND EXPENSE, AGREES TO AND DOES HEREBY INDEMNIFY, DEFEND
PROTECT, AND HOLD HARMLESS CITY, AND CITY’S OFFICERS,
REPRESENTATIVES, AGENTS, EMPLOYEES, AND SERVANTS FOR, FROM AND
AGAINST ANY AND ALL CLAIMS (WHETHER AT LAW OR IN EQUITY), LIABILITIES,
DAMAGES (INCLUDING ANY AND ALL ECONOMIC DAMAGES, PROPERTY LOSS,
PROPERTY DAMAGES AND PERSONAL INJURIES INCLUDING DEATH), LOSSES,
LIENS, CAUSES OF ACTION, SUITS, JUDGMENTS AND EXPENSES (INCLUDING, BUT
NOT LIMITED TO, COURT COSTS, ATTORNEYS' FEES AND COSTS OF
INVESTIGATION), OF ANY NATURE, KIND OR DESCRIPTION ARISING OR ALLEGED
TO ARISE BY OR IN ANY WAY RELATED TO CONSTRUCTION OF THE
IMPROVEMENTS OR DEVELOPER’S CHOICE TO CONSTRUCT A PHASED CFA, OR (2)
BY REASON OF ANY OTHER CLAIM WHATSOEVER OF ANY PERSON OR PARTY
OCCASIONED OR ALLEGED TO BE OCCASIONED IN WHOLE OR IN PART BY THE
CONSTRUCTIONS OF THE IMPROVEMENTS OR DEVELOPER’S CHOICE TO
CONSTRUCT A PHASED CFA 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.
DEVELOPER
TPHMI DFW 4047, LLC
By:
Name: Bruce French
Title: Vice President
Date:
City of Fort Worth, Texas Page 21 of 22
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
ATTACHMENT “4”
Business Diversity Ordinance Compliance
City Project No. 105160
City of Fort Worth, Texas Page 22 of 22
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
PRO.
LOCE
CPN 105160
EXHIBIT-A
WATER
N
�
N.T.S.
OWNER/DEVELOPER:
TPHMI DFW 4047,LLC
6201 W. PLANO PARKWAY, SUITE #15Q
PLANO, TX 75093
214-876-2559
30" & 36" WATER
IMPROVEMENTS TO
SERVE LAPRELLE
BGE, Inc.
2595 Dallas Pkwy, Suite 101 Frisco, TX 75034
Tel: 972-464-4800 • bgeinc.com
TBPE Registration No. F-1046
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12" WATER LINE CPN 105160 LEGEND
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(NOT EXISTING INFRASTRUCTURE)
N CPN 105036 IMPROVEMENTS TO CPN105036
� owNERi�EVE�oPER: SERVE LAPRELLE BGE, Inc.
TPHMI DFW 4047,LLC 2595 Dallas Pkwy, Suite 101 Frisco, TX 75034
0 �00 200 qpp 6201 W.PLANOPARKWAY, SUITE#15Q EXHIBIT — A
PLANO, TX 75093 Tel: 972-464-4800 • bgeinc.com
214-876-2559 WATER TBPE Re istration No. F-1046
SCALE: 1"=400' g
9 Z" WH I tK LINt �
STUB-OUTS ��
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12" WATER LINE �
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00 42 43
DAP-BIpPROPOSAL
Page 1 of I
secT�a� oo a2 as
Developer Awarded ProjecEs - Pl20PQSAL FORM
This bid is submitted by the entity listed below:
Company: Western Municipal Construction of Texas LLC
Street Address: 402 Gulf Ave
City, State, Zip Code: Justin, Texas, 76247
Phone: 940-648-0020
By' w �
Signatu e : . /
Tdle: (i/JL/i��� ���
oate: 61�� /24Y}
!
Conlractor agrees lo complete WORK for FINAL ACCEPTANCE wilhin _�8Q _... workin� days after the date when the CONTRACT rommeoces
to run as provided in the General Condilions.
END OF SECTION
..��:T.
UNIT PRICE BID Bidder's Application
6/26/24, 5:07 PM
CITY COUNCIL AGENDA
Create New From This M8�C
DATE: 6/25/2024 REFERENCE
N O..
M&C Review
**M&C 24- LOG NAME:
0602
�fl RT ��4`0 RT I I
��
60LAPRELE 30/361NCH
WATER LINE OVERSIZING
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (CD 10) Authorize Execution of a Community Facilities Agreement with TPHMI DFW 4047,
LLC, with City Participation in an Amount Not to Exceed $2,703,418.28 for Oversizing
an 8-Inch Water Main to a 30-Inch Water Main and a 12-Inch Water Main to a 36-Inch
Water Main Located in North 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:
2
3.
Authorize the execution of a Community Facilities Agreement with TPHMI DFW 4047, LLC
with City participation in an amount not to exceed $2,703,418.28 for oversizing an 8-inch
water main to a 30-inch water main and a 12-inch water main to a 36-inch water main
located in north Fort Worth;
Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations
in the Water & Sewer Bond 2020A Fund by increasing estimated receipts and appropriations
in the Community Facilities Agreement Bucket programmable project (City Project
No.P00001) in the amount of $2,500,000.00 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-Laprelle 36 and
30 Water project (City Project No.105160) and to effect a portion of Water's contribution to
the Fiscal Years 2024-2028 Capital Improvements Program; and
Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations
in the Water & Sewer Revenue Bonds Series 2021 Fund by increasing estimated receipts and
appropriations in the Community Facilities Agreement Bucket programmable project (City
Project No.P00001) in the amount of $713,835.00 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-Laprelle 36 and
30 Water project (City Project No.105160) and to effect a portion of Water's contribution to
the Fiscal Years 2024-2028 Capital Improvements Program.
DISCUSSION:
TPHMI DFW 4047, LLC (Developer) is constructing the Laprelle development project located east of
Highway 287 and north of Blue Mound Road. The City is participating in the public sewer
improvements to oversize approximately 1,250 linear feet of an 8-inch water main to a 30-inch water
main in Blue Mound Road and approximately 3,400 linear feet of a 12-inch water main to a 36-inch
water main located in Wagley Robertson Road to create capacity for the development and future
growth. The cost allocation is estimated to be 18.4\% for the Developer and 81.6\% for the City.
The City's calculation for City participation is in accordance with the City's Community Facilities
Agreement (CFA) unit price ordinance number 23657-05-2019. The Laprelle 30 and 36 water project is
assigned City Project No. 105160 and Accela System Record IPRC23-0152.
This project has been publicly bid. The City's cost participation in oversizing the water mains is
estimated to be in an amount not to exceed $2,703,418.28 as shown in the table below. Payments to
the Developer are estimated to be $2,552,082.43 for construction costs, $2,526.34 for Infrastructure
Plan Review Center (IPRC) plan review fees, $8,648.42 for public bid advertisement costs, and
apps. cfwnet.org/council_packet/mc_review.asp?I D=32308&councildate=6/25/2024 1 /4
6/26/24, 5:07 PM
M&C Review
$51,041.65 for material testing. The City's cost participation also includes $89,119.44 to cover the
City's portion of water lab fees, construction inspection service fees, and administrative material
testing fees. An additional $510,416.49 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 Developer City Cost Total Cost
Cost
Water Improvements $575,469.57 $2,552,082.43 $3,127,552.00
Contingency $0.00 $510,416.49 $510,416.49
B. Inspections & Testing (280 days)
1. Construction Inspection Fee $19,320.00 $85,680.00 $105,000.00
2. Admin Material Testing Fee $676.20 $2,998.80 $3,675.00
3. Material Testing Cost $0.00 $51,041.65 $51,041.65
4. Water Lab Fee $99.36 $440.64 $540.00
5. IPRC Plan Review Fees $569.66 $2,526.34 $3,096.00
6. Public Bid Advertisement Cost $1,950.14 $8,648.42 $10,598.56
Total Project Cost $598,084.93 $3,213,834.77 $3,811,919.70
�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 (FY),
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:
60LAPRELLE 30/361NCH WATER LINE OVERSIZING
Capital FY2024 CIP Budget Change Revised
Project
Fund Name Appropriations Authority �Increase/Decrease) FY2024
Name Budget
Water & 105160
Sewer CFA-
Bond Laprelle $0.00 This $2,500,000.00 $2,500,000.00
2020A - 36 and M&C
Fund 30
56017 Water
W&S 105160
Rev CFA-
Bonds Laprelle This
Series 36 and $0.00 M&C $713,835.00 $713,835.00
2021 - 30
Fund Water
56019
Funding is available in the Unspecified-All Funds project within the Water & Sewer Bond 2020A and
the W&S Rev Bond Series 2021 Funds for the purpose of funding the CFA Laprelle 30 and 36 Water
project.
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6/26/24, 5:07 PM
M&C Review
Funding for the Community Facilities Agreement (CFA) — Laprelle 30 and 36 Water project as depicted
in the table below:
Fund Existing Additional project Total*
Appropriations Appropriations
Water & Sewer Bond 2020A - $0.00 $2,500,000.00 $2,500,000.00
Fund 56017
W&S Rev Bonds Series 2021 -
Fund 56019 $0.00 $713,835.00 $713,835.00
Project Total $0.00 $3,213,835.00 $3,213,835.00
"Numbers rounded tor presentation purposes.
BUSINESS EQUITY The Business Equity Division placed a 27\% business equity goal on this
solicitation/contract. Western Municipal Construction, LLC, has agreed/committed to utilize 27.81\%
business equity sub-consultant participation for the scope of work, meeting the City's Ordinance. Any
changes in subcontractors will be reviewed by the Business Equity Division.
This project is located in COUNCIL DISTRICT 10.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are currently available in the Unspecified - All Funds
project within the Water & Sewer Bond 2020A and the W&S Rev Bonds Series 2021 Funds and upon
approval of the above recommendations and adoption of the attached appropriation ordinancea, funds
will be available in Water & Sewer Bond 2020A and the W&S Rev Bonds Series 2021 Funds for the
CFA-Laprelle 36 and 30 Water 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.
FROM
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2) �
Submitted for City Manager's Office by_
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
Fernando Costa (6122)
Chris Harder (5020)
Suby Varughese (6122)
Melissa Harris (8428)
60LAPRELE 30 361NCH WATER LINE OVERSIZING.docx (CFW Internal)
60LAPRELLE 30 601nch Water Line Oversizin FID Table.xlsx (CFW Internal)
Final Compliance Memo-NS.pdf (CFW Internal)
LAPRELLE 30 36 Water line.pdf (CFW Internal)
ORD.APP 60LAPRELE 30 361NCH WATER LINE OVERSIZING 56017 A024(r2).docx (Public)
apps.cfwnet.org/council_packet/mc_review.asp?ID=32308&councildate=6/25/2024 3/4
6/26/24, 5:07 PM
M&C Review
ORD.APP 60LAPRELE 30 361NCH WATER LINE OVERSIZING 56019 A024(r3).docx (Public)
PBS 105160.pdf (CFW Internal)
Water La Prelle - 1295 Form.pdf (CFW Internal)
apps.cfwnet.org/council_packet/mc_review.asp?ID=32308&councildate=6/25/2024 4/4