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City participation is limited to the availability of city funds and subject to approval of the city council when required. The city's obligation to participate in a CFA will terminate if construction of the community facilities is not completed within the term of the CFA, including any extension period.
(Ord. 23656-05-2019, § 1, passed 5-7-2019, eff. 6-1-2019)
(a) All public bids involving city participation in a CFA will be opened at the Fort Worth City Hall or an alternative location designated by the city manager. The city's project manager, or city staff designated by the project manager, will attend the bid opening.
(b) Before construction contracts for a CFA that is publicly bid are awarded, the developer must deliver the following items to the city:
(1) A bid tabulation showing the bid proposals of all prospective bidders;
(2) A publisher's affidavit from the newspaper showing that the notice of public bidding was properly advertised;
(3) A letter of recommendation from the developer for contract award; and
(4) A breakdown of the developer cost and city participation based upon the bid items contained in the winning bid.
(Ord. 23656-05-2019, § 1, passed 5-7-2019, eff. 6-1-2019)
All change orders must be approved in writing by the developer and the contractor and then submitted to the city for approval. If a change order increases city participation by more than the current amount authorized by the city council for administrative approval, the change order must be submitted to the city council for approval. The additional city participation is contingent upon compliance with public procurement laws, the approval of the city council, and the availability of funds.
(Ord. 23656-05-2019, § 1, passed 5-7-2019, eff. 6-1-2019)
(a) At the discretion of the city, the immediate construction of the public infrastructure required for a development may be infeasible or impractical until a later date for reasons including, but not limited to:
(1) Scheduling or other conflicts with other planned public improvements the city or other entities may be making in the same general area; or
(2) The public infrastructure creating a potentially hazardous condition if they are constructed immediately.
(b) To accommodate the later construction of the public improvements, the city may require a developer to enter in a future improvements agreement in lieu of the developer constructing the public improvements.
(c) The design engineer must deliver to the city an estimated construction cost for the public infrastructure required for the development based upon the city's unit price ordinance.
(d) After the city and developer agree to the estimate, the future improvements agreement will be executed by the city and the developer and the developer shall deliver a check to the city in the amount of 125% of the total estimated construction costs for the community facilities.
(e) After the future improvements agreement has been executed by the city and the developer, and the developer has paid the city the amount required by this section, the developer's requirement to construct public infrastructure for the development contained in the future improvements agreement shall be met unless the developer makes changes to the design of the development that would require additional or different public infrastructure.
(Ord. 23656-05-2019, § 1, passed 5-7-2019, eff. 6-1-2019)
The water department's miscellaneous contract process is the city's in-house option for design and construction of water or wastewater infrastructure. The miscellaneous contract process is included in the city's installation policy and design criteria for water, wastewater and reclaimed water infrastructure. If public improvements are accepted by the city for the miscellaneous contract process, all required fees must be paid to the city before any plat holds related to a CFA may be released.
(Ord. 23656-05-2019, § 1, passed 5-7-2019, eff. 6-1-2019)
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