HomeMy WebLinkAboutContract 61948Received Date: Sep 5, 2024
Received Time: 12:55 p.m.
Developer and Project Information Cover Sheet:
Developer Company Name:
Address, State, Zip Code:
Phone & Email:
Authorized Signatory, Title:
Project Name:
Brief Description:
Project Location:
Plat Case Number: I None Given
Mapsco: 72B & 72F
CFA Number: 22-0112
Weatherford 55, Ltd.
3045 Lackland Rd. Fort Worth, TX 76116
817-731-7595 1 fleet@lacklandholdings.com
Tim FL Fleet, President
Westpoint Park Off -Site Sewer
Sewer
Northeast of intersection at Chapel Creek Blvd. and Westpoint
Blvd
Plat Name: None Given
Council District: 3
City Project Number: 1044031 IPRC22-0189
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth, Texas Page 1 of 18
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
City Secretary Number: 61948
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 Weatherford 55, 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 Westpoint
Park Off -Site Sewer ("Project"); and
WHEREAS, the City desires to ensure that all developments are adequately served by public
infrastructure and that the public infrastructure is constructed according to City standards; and
WHEREAS, as a condition of approval of the Project, Developer is required to bear a portion of
the costs of municipal infrastructure by constructing the public infrastructure necessary for the Project as
described in this Agreement ("Community Facilities" or "Improvements"); and
WHEREAS, as a condition of approval of the Project, Developer is required to meet the additional
obligations contained in this Agreement, and Developer maybe required to make dedications of land, pay
fees or construction costs, or meet other obligations that are not apart of this Agreement; and
WHEREAS, the City desires to participate in this Agreement in an amount not to exceed
$120,236.91 to enlarge the scope of the Improvements beyond what Developer is responsible for
constructing by replacing an existing 8-inch sewer main with a 10-inch sewer main and oversizing a 10-
inch sewer main to a 12-inch sewer main as authorized by City Council through approval of M&C 24-0610
on June 25, 2024 ("City Participation"); and
WHEREAS, the City Participation includes reimbursement to Developer in amounts not to exceed
$79,096.97 for construction costs and $1,581.94 for material testing costs. The remaining City Participation
in the amount of $39,558.00 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
WHEREAS, the Developer and the City desire to enter into this Agreement in connection with
the collective Improvements for the Project;
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth, Texas Page 2 of 18
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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
❑X
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 causethe constructionof theImprovements contemplatedby 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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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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suppliers may place alien 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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(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 THEDEVELOPER FOR THIS AGREEMENT.
(b) THE DEVEL OPER 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, WHETHERREAL ORASSERTED, 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
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
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OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID DEVELOPER, ITS
CONTRACTORS, SUB -CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES,
WHETHER OR NOT SUCHINJURIES, 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,
INCL UDING 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 shallinclude 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, andwater
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 madeby
the Developer, the City will refund the differenc e to the Developer. If the difference between the ac tual c osts
andthe estimated payments madeby the Developer is less than fifty dollars ($50.00), the City willnot 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.
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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
100 Fort Worth Trail
Fort Worth, Texas 76102
and
City Manager's Office
City of Fort Worth
100 Fort Worth Trail
Fort Worth, Texas 76102
DEVELOPER:
Weatherford 55, Ltd.
3045 Lackland Rd.
Fort Worth, Texas 76116
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
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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 shallgive
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 normalworking 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 -Waive r
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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 Israef'
and "company" have the meanings as cribed 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 withh
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 fiscalyear 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 orpossession of Developer
on request of the City; and (3) on completion of the Agreement, either (a) providing at no cost to the City
all contracting information related to the Agreement that is in the custody or possession of Developer; or
(b) preserving the contracting information relating to the Agreement as provided by the retention
requirements application to the City.
29.
Immigration and Nationality Act
Developer shall verify the identity and employment eligibility of its employees who perform work
under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon
request by City, Developer shall provide City with copies of all 1-9 forms and supporting eligibility
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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 DEVELOPED
DEVELOPER'SEMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written
notice to Developer, shall have the right to immediately terminate this Agreement for violations of this
provision by Developer.
30.
Amendment
No amendment, modification, or alteration of the terms of this Agreement shall be binding unless
the same is in writing, dated subsequent to the date hereof, and duly executed by the City and Developer.
31.
Assignment and Successors
Developer shall not assign or subcontract all or any part of its rights, privileges, or duties under this
Agreement without the prior written consent of City. Any attempted assignment or subcontract without the
City's prior written approval shall be void and constitute a breach of this Agreement.
32.
No Third -Party Beneficiaries
The provisions and conditions of this Agreement are solely for the benefit of the City and
Developer, and any lawful assign or successor of Developer, and are not intended to create any rights,
contractual or otherwise, to any other person or entity.
33.
Compliance with Laws, Ordinances, Rules and Regulations
Developer, its officers, agents, servants, employees, and contractors, shall abide by and comply
with all laws, federal, state and local, including all ordinances, rules and regulations of City. It is agreed
and understood that, if City calls to the attention of Developer any such violation on the part of Developer
or any of its officers, agents, servants, employees, or subcontractors, then Developer shall immediately
desist from and correct such violation.
34.
Signature Authority
The person signing this Agreement on behalf of Developer warrants that he or she has the legal
authority to execute this Agreement on behalf of the Developer, and that such binding authority has been
granted by proper order, resolution, ordinance or other authorization of the entity. The City is fully entitled
to rely on this warranty and representation in entering into this Agreement.
35.
Counterparts
This Agreement may be executed in multiple counterparts, each of which will be deemed an
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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 $79,096.97 for construction costs,
and $1,581.94 for material testing costs for replacing the existing 8-inch sewer main with a 10-inch
sewer main. The City will not participate in or reimburse Developer for any material testing costs
related to oversizing the 10-inch sewer main with a 12-inch sewer main or any other Infrastructure.
The remaining City Participation in the amount of $39,558.00 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 acceptedby 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 for construction costs was calculated
as follows:
IPRC22-0189 CPN 104403
Unit of
Qt3�
Cantractor Unit Price
CFW
Unit Price
Difference
Total
10" PVC Sewer Pipe LF 1365
12" PVC Sewer Pipe
10" D1P Sewer Pipe LF 60
12" DIP Sewer Pipe
IMPORTED EMBEDMENT (CONVERT 10" PVC SeuerPipe CSS CY (LF) 43.2
IMPORTED EMBEDMENT CONVERT 12' PVC Sewer Pipe CSS 48
$120.00 $44.21
$144.00 $53.46
$201.00 $88.75
$214.00 $150.69
$350.00 $97,02
$9,25 $12,626.25
$61.94 $3,716.40
4.8 $417.70
100% City CoS1
10" PVC Sewer Pipe
LF
298
U20.00
44.21
$44.21
$13.174.58
IMPORTED EMBEDMENT ]2" SST-CY
P
10.8
$350.00
TS7.02
$87.02
$939,82
EA
1
$464.61
$464.61
$464.61
Sanitary Line Grouting
CY
2
1.000.00
T240.48
$240.48
$480.96
S"Sewer Abandonment Plug
EA
1
$2.900.00
$563.79
$563.79
$563.79
Remove 4' SewerManhole
EA
1
$1.700.00
$690.31
$690.31
$690.31
Asphalt Pavement Repair B eyond Defined Width
SY
329
$110.00
$69.81
$89.81
$29,547.49
Pre -CCTV Inspection
LF
190
$8.00
$2.98
$2.98
$566.20
Post -CCTV Inspection
LF
298
$7.00
$1.95
$1.95
$581.10
Manhole VaccumTesting
EA
3
$300.00
$174.67
$174.87
$524.61
TrenchSafety
LF
$1.12
$333.76
Concrete Collar for Manhole
EA
3
$1.500.00
$479.92
$479.92
$1,439.76
4" Sewer Sewice, Reconnection
EA
2
$2.900.00
$476.52
$476.52
$953.04
4' Manhole
EA
3
$11,400.00
$3.849.35
$3.849.35
$11.548.05
4' Extra Depth Manhole
VF
2.7
$215.00
$195.76
$195.76
$528.55
TOTAL COST SHAPE AMOUNT S79,096.97
(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.
City of Fort Worth, Texas Page 13 of 18
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
(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.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
City of Fort Worth, Texas Page 14 of 18
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
38.
Cost Summary Sheet
Project Name: Westpoint Park Off -Site Sewer
CFA No. 23-0040 IPRC No. 22-0189 City Project No.104403
Items Developer's Cost City's Cost Total Cost
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
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%
City of Fort Worth, Texas
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
$ 923,227.03 $ 79,096.97 $ 1,002,324.00
$ 923,227.03 $ 79,096.97 $ 1,002,324.00
$ 923,227.03 $ 79,096.97 $ 1,002,324.00
$ -
$
37,500.00
$
37,500.00
$ 1,862.00
$
2,058.00
$
3,920.00
$ -
$
1,581.94
$
1,581.94
$ 1,862.00
$
41,139.94
$
43,001.94
$ 925,089.03
$
120,236.91
$
1,045,325.94
Amount
Choice
$ 1,002,324.00
I
X
Page 15 of 18
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
DaHa �Gl ahp(o�
Dana Burghdoff (Sep 202411:16 CDT)
Dana Burghdoff
Assistant City Manager
Date: Sep 5, 2024
Recommended by:
Dwayne Hollars
Contract Compliance Specialist
Development Services Department
Approved as to Form & Legality:
Richard McCracken (Sep 4, 202421:53 CDT)
Richard A. McCracken
Sr. Assistant City Attorney
DEVELOPER
Weatherford 55, Ltd.
By: Windfall Investments, Inc.,
a Texas corporation,
its general partner
t�ix L�.�et
ti m fleet (Sle p 4, 2024 09:47 CDT)
Tim H. Fleet
President
Date: Sep 4, 2024
M&C No. 24-0610
Contract Compliance Manager:
Date: 6/25/2024
By signing, I acknowledge that I am the person
Form 1295: 2024-1168331
pa444�ann4
FORt 4
responsible for the monitoring and
000000, ooadA
administration of this contract, including
.
a-o o9��
ensuring all performance and reporting
ATTEST:
=�
0
requirements.
00o
aaa 0000p
% �S2vxs
44 nEA?a4a
X
Jannette Goodall
Rebecca Owen (Sep 4, 2024 09:53 CDT)
City Secretary
Rebec c a Diane Owen
Development Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth, Texas Page 16 of 18
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
The following attachments are incorporated into this Agreement. To the extent a
conflict exists between the main body of this Agreement and the following attachments, the
language in the main body of this Agreement shall be controlling.
Included Attachment
❑x Attachment I - Changes to Standard Community Facilities Agreement
❑ Attachment 2 — Phased CFA Provisions
❑ Attachment 3 — Concurrent CFA Provisions
®
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 17 of 18
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
ATTACIMENT "1"
Changes to Standard Community Facilities Agreement
City Project No. 104403
None
City of Fort Worth, Texas Page 18 of 18
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
rz-11
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1
SCALE: 1"= 2,000'
0 2,000'
OWNER/DEVELOPER:
WEATHERFORD 55, LTD.
3045 LACKLAND RD.
FORT WORTH, TX 76116
PH: 817-717-7133
REPRESENTATIVE: SCOTT SCHERER
NOT -TO -SCALE
MAPSCO NO. 72B & 72F
COUNCIL DISTRICT 3
CITY PROJECT NO. 104403
VICINITY MAP
WESTPOINT PARK
OFF -SITE SEWER
FORT WORTH, TEXAS
C PN:104403
rdPAPS-DAWSOW
ENGINEERS
201 MAIN ST, STE 901 1 FT, WORTH, TX 76102 1 817.870,3668
TEXAS ENGINEERING FIRM REGISTRATION R470
PM: MICHELLE LASA PH: 817.870.3668
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N OWNER/DEVELOPER:
WEATHERFORD 55, ETD.
3045 EACKEAND RD.
> FORT WORTH, TX 76116
PH: 8177177133
N
o REPRESENTATIVE: SCOTT SCHERER io
12" SS
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I
LEGEND
EXISTING SANITARY SEWER
— PROPOSED SANITARY SEWER
EXISTING MANHOLE
PROPOSED STD 4' MANHOLE
EXHIBIT Al -SEWER
WESTPOINT PARK
OFF -SITE SEWER
FORT WORTH, TEXAS
C PN:104403
PAPE-DAWSOW
ENGINEERS
201 MAIN ST, STE 901 1 FT. WORTH, TX 76102 1 817.870.3668
TEXAS ENGINEERING FIRM REGISTRATION #470
PM: MICHELLE LASA PH: 817.870.3668
It 1
UNIT PRICE BID
Bidlist
Item No.
� 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
I32
33
Description
SECTION 00 42 43
PROPOSAL FORM
00 42 43 (2)
BIDPROPOSAL
Pegs I of 2
Bidder's Application
Project Item Information Biddees Proposal
Specification Section No. Unit of I Bid Quantity Unit Price Bid Value
Measure
I INIT 11: SANITARY '�=R Intl IiOY ENIENTS
0241.1300 Remove Conc 9urb & Gutter
a022 {
LF
56
0241. 400 Remove Conc Galley Gutter
0241 15
SY
32
0241.2001 Sanitary Line Grouting
0241 14
CY
14
0241.2013 Remove 8" Sewer Line
02 41 14
LF
103
0241.2103 8" Sewer AbarMonment Plug
0241 14
EA
6
0241.2201 Remove 4' Sev4er Manhole
0241 14
EA
1
0241.5001 Abandon Manhole
0241 14
EA
1
3125.0101 SWPPP a 1 a?e
3125 DO
LS
1
3201.0201 Asphalt Pvmt Repair Beyond Defined Width, Residential
3201 17
SY
2,971
3216.0101 6" Conc Curb Gutter
32 16 13
LF
56
3216.0301 7" Conc Valley Gutter, Residential
32 16 13
SY
32
3291.0100 Topsoil (Finishing Parkways & Medians)
3291 19
CY
11
3292.0100 Block Sod Placement
32 92 13
SY
66
3301,0001 Pre -CCTV Inspection
330131
LF
1,700
3301.0002 Post -CCTV Inspection
3301 31
LF
1,856
3301.0101 Manhole Vacuum Testing
3301 30
EA
12
3305.0107 Manhole Adjustment, Minor
33 05 14
EA
3
3305.0109 Trench Safety
330510
LF
1,856
3305.0112 Concrete Collar for Manhole
33 05 17
EA
9
3305.0113 Trench Water Stop
33 05 15
EA
6
3305.0202 Imported EmbadmenVBackfill, CSS
33 05 10
CY
60
3305.1103 20" Casinj By Other Than Open Cut
33 05 22
LF
40
3331.3311 4" Sewer ervice, Reconnection
3331 50
EA
14
3331.4115 8" Sewer Pi
33 11 10, 33 31 12, 33 3120
LF
30
3331.4201 10" Sewer Pipe
33 11 10, 33 31 12, 33 3120
LF
401
3331,4208 12" Sewer Pipe
33 11 10, 33 31 12, 33 3120
LF
1,365
3331.4212 12" DIP Sewer
3311 10
LF
60
3339.0001 Epoxy Manhole Liner
33 39 60
VF
16.3
3339.1001 4' Manhole
33 39 10, 33 39 20
EA
12
3339.1003 4' Extra Depth Manhole
33 39 10, 33 39 20
VF
45.0
3471.0001 Traffic Control
3471 13
MO
3
9999.0001 Core into Existing Manhole
99 99 99
EA
3
9999.DD02 Tree preservation
99 99 99
EA
5
TOUL UNIT il: SANITARY SE1h06:R IMPROVEMENTS
$23.00 $1,288.00
$48.00 $1,536.00
$1,000.00 $14,000.00
$6.00 $618.00
$2,800.00 $16,800.00
$1,700.00 $1.700.00
$1,000.00 $1.000.00
$13,600.00 $13.600.00
$110.00 $326,810.00
$96.D0 $5,376.00_
$260.00 $8,320.00
$97.D0 $1,067.00
$23.00 $1,518.00
$8.00 $13,600.00
$7.00 $12.992.00
$300.D0 $3,600.00
$1,500.00 $4,500.00
$2.00 $3,712.00
$1,500.00 $13,500.00
$850.00 $5,100.00
$350.00 $21,000.00
$1,100.D0 $44,000.00
$2,800.00 $39,200.00
$137.00 $4,1110.00
$120.00 $48,120.00
$144.00 $196,560.00
$214.00 $12,840.00
$640.00 $10,432.00
$11,400.00 $136,800.00
$215.00 $9,675.00
$5.400.00 $16,200.00
$3,500.00 $10.500.00
$450.D0 $2,250.00
$1,002, 324.00
CITY OF FORT WORTH
STANDARDCONSTRUCTION SPECIFICATION DOCIJPdHNFS DEVELOPER AWARDED PROJECTS
240509 - Westpoint OSS Bid Pmposal.xl
I- Revised 20130830 m
00 42 43 (2)
BID PROPOSAL
Page 2 of 2
SECTION 00 42 43
PROPOSAL FORM
UNIT PRICE BID
Biddees Application
UNIT II -A: ALTERNATE SAM TARY SEWER ;MFROVEME TS
I 1 13331.4205 10" DIP Sewer
10 LF ll 60
IL.TERNATE
$201.001, $12,060.00�
l
TOTAL I INIT II -A: RANITARY RE41t IMPROVEMENTRI
$12,660.00
Bid Summary
l
UNIT II: SANITARY SEWER IMPROVEMENT? $1,002,324.00
Total Construction Ba l $1,002,324.00
1
UNIT II -A: ALTERNATE SANITARY SEWER IYPRjOYEMENT,S) $12,060.00
Total Alternate Bull $12,060.00
This Bid is submitted by the entity
BIDDER:
named below:
BY:
Jackson Construction, LTD.
Troy L. Jackson
5112 Sun Valley Drive
Fort Worm, TX 76119
TITLE:
President
a.ratNra6iw r.wnrLtrwO�LramWiLACC�r,INCaL+wla 120 : N,,1 y4gSarrrw4.Lr.rr ra
LTal�traM'Mrttir paAW r rlat:ral QrYrrrs,
BNDt3/�TA70N
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOC11 LINTS DEVELOPER AWARDED PROJECTS
240509 • Wealpoita O38 Bid Propoesl.zlez
I— RM d 20130830
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 06/25/24 M&C FILE NUMBER: M&C 24-0610
LOG NAME: 60WESTPOINT PARK OFFSITE SEWER REPLACEMENT
SUBJECT
(CD 3) Authorize Execution of a Community Facilities Agreement with Weatherford 55, Ltd., with City Participation in an Amount Not to Exceed
$120,236.91 for Replacing an Existing 8-Inch Sewer Main with a 10-Inch Sewer Main and Oversizing a 10-Inch Sewer Main to a 12-Inch Sewer
Main for Additional Capacity in West Fort Worth, and Adopt Appropriation Ordinance 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 Weatherford 55, Ltd., with City participation in an amount not to exceed
$120,236.91 for replacing an existing 8-inch sewer main with a 10-inch sewer main and oversizing a 10-inch sewer main to a 12-inch sewer
main for additional capacity in west Fort Worth; and
2. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Water & Sewer 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 $132,102.00 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 — Westpoint Park Offsite SS
(City Project No.104403) and to effect a portion of Water's contribution to the Fiscal Years 2024-2028 Capital Improvements Program.
DISCUSSION:
Weatherford 55, Ltd., (Developer) is constructing the Westpoint Park development project located north of Westpoint Boulevard and west of
Academy Boulevard. The Water Department desires to participate in the project to replace approximately 300 linear feet of existing 8-inch sewer
main with a 10-inch sewer main and oversizing approximately 1,365 linear feet of a 10-inch sewer main needed by the Developer with a 12-inch
sewer main to provide additional capacity in west Fort Worth. The City will pay 100% of the unit prices for replacing the existing 8-inch sewer main
with a 10-inch sewer main. The City will pay 100% of the price difference for oversizing the 10-inch sewer main to a 12-inch sewer main. The
Sanitary Sewer Westpoint Park project is assigned City Project No. 104403 and Accela System Record IPRC22-0189.
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 a portion of the public improvements being constructed by the Developer,
the City's participation for public improvements that are not being oversized does not exceed 30 percent of the total contract price, 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 project is estimated to be in an amount not to exceed $120,236.91 as shown in the table below. Payments to the
Developer are estimated to be $79,096.97 for construction costs and $1,581.94 for material testing costs. The City's cost participation also
includes $39,558.00 to cover the City's portion of construction inspection service fees, administrative material testing fees, and water lab testing
fees. An additional $11,864.55 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
1. Sewer
Contingency
B. Inspections & Testing
1. Construction Inspection
Fee
$923,227.03 $79,096.97$1,002,324.00
$0.00 $11,864.55 $11,864.55
$0.00 $37,500.00 $37,500.00
2. Admin Material Testing
Fee
�3. Material Testing Cost
�4. Water Lab Fee
Total Project Cost
$0.00 $2,058.00 $2,058.00
$0.00 $1,581.94 $1,581.94
$0.00 $0.00 $0.00
$923,227.03 $132,101.46$1,055,328.49
*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:
�i��iN���li71►��7_1:7:(�7��9���9�U�/�:�:7��A_TN��1�►��1
Capital Fund Project FY2024 CIP Authority Budget Revised
Name Name Change FY2024
Appropriations (Increase/
Budget
Decrease)
W&S Rev 104403 -
Bonds Series CFA-
2021
Westpoint
- Fund 56019 Park $0.00 This M&C $132,102.00 $132,102.00
Offsite
SS
Funding is available in the Unspecified -All Funds project within the Water & Sewer Revenue Bonds Series 2021 Fund for the purpose of funding
the CFA- Westpoint Park Offsite SS project.
Funding for the CFA — Westpoint Park Offsite SS project is as depicted in the table below:
FUND Existing Additional Project
Appropriations Appropriations Total*
W&S Rev Bonds $0.00 $132,102.00 $132,102.00
Series 2021-Fund
56019
Project Total $0.00 $132,102.00 $132,102.00
*Numbers rounded for presentation purposes.
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.
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 W&S Rev Bonds Series 2021
Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in W&S Rev
Bonds Series 2021 Fund for the CFA- Westpoint Park Offsite SS 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 bv: Fernando Costa 6122
Oriainatina Business Unit Head: Chris Harder 5020
Additional Information Contact: Suby Varughese 8009
Melissa Harris 8428
Expedited