Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Contract 57290
Received Date: 03/24/2022 Received Time: 2:28 pm Developer and Project Information Cover Sheet: Developer Company Name: West River Homes Building,LLC Address, State,Zip Code: 830 Taylor St.,Fort Worth,TX, 76102 Phone &Email: 817437-8906,jproctor&westriverhomes.net Authorized Signatory,Title: Jacob Proctor,Owner Project Name: South Oak Grove Estates, Section Six Brief Description: Water, Sewer,Paving, Storm Drain, Street Lights Project Location: Sandlewood Drive and Anglewood Court Plat Case Number: Plat Name: Mapsco: Council District: 6 CFA Number: CFA21-0005 City Project Number: 102739 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth,Texas Page 1 of 17 Standard Community Facilities Agreement with City Participation Rev.4/2/20 City Secretary Number: 57290 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 West River Homes Building,LLC ("Developer"),acting by and through its duly authorized representative. City and Developer are referred to herein individually as a"parry" 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 South Oak Grove Estates, Section Six("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 $267,656.02 to enlarge the scope of the Improvements beyond what Developer is responsible for constructing for Developer's private development to replace an existing 6-inch sewer main with an 8-inch sewer main and an existing 8-inch sewer main with a new 8-inch sewer main as authorized by City Council through approval of M&C 21-0053 on January 12, 2021, and M&C 21-0624 on August 24, 2021 ("City Participation");and WHEREAS, the City Participation includes reimbursement to Developer in an amount not to exceed $252,776.00 for construction costs and $5,055.52 for material testing. The remaining City Participation in the amount of$9,824.50 will cover the City's portion of construction inspection fees and administrative material testing fees,which will not be paid to Developer;and WHEREAS, the Developer and the City desire to enter into this Agreement in connection with the collective Improvements for the Project; NOW,THEREFORE,for and in consideration of the covenants and conditions contained herein, the City and the Developer do hereby agree as follows: City of Fort Worth,Texas Page 2 of 17 Standard Community Facilities Agreement with City Participation Rev.4/2/20 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: ❑X Exhibit A: Water ❑X Exhibit A-1: Sewer ❑X Exhibit B: Paving ❑X Exhibit B-1: Storm Drain ❑X Exhibit C: Street Lights & Signs The Location Map and Cost Estimates are also attached hereto and incorporated herein by reference. To the extent that Exhibits A, A-1, B, B-1, C, 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 Improvements, and consent of the surety on payment and performance bonds provided for the Improvements. City of Fort Worth,Texas Page 3 of 17 Standard Community Facilities Agreement with City Participation Rev.4/2/20 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 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: City of Fort Worth,Texas Page 4 of 17 Standard Community Facilities Agreement with City Participation Rev.4/2/20 (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. (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. City of Fort Worth,Texas Page 5 of 17 Standard Community Facilities Agreement with City Participation Rev.4/2/20 (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. II. 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 ONACCOUNT OFANYINJURIES OR DAMAGES SUSTAINED B YANY PERSONS,INCL UDING 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 PROPERL Y SAFEGUARD THE WORK, OR ONACCOUNT OF ANY ACT,INTENTIONAL OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID DEVELOPER, ITS CONTRACTORS, SUB-CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, WHETHER OR NOT SUCHINJURIES,DEATH OR DAMAGESARE CAUSED,IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS,SERVANTS, OR EMPLOYEES. (c) DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, SUITS OR CAUSES OF ACTION OF ANY NATURE WHATSOEVER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ON ACCOUNT OF ANY INJURIES OR DAMAGES TO PERSONS OR PROPERTY, City of Fort Worth,Texas Page 6 of 17 Standard Community Facilities Agreement with City Participation Rev.4/2/20 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 INACCORDANCE WITH ALL PLANS AND SPECIFICATIONS. 13. Right to Enforce Contracts Upon completion of all work associated with the construction of the Improvements,Developer will assign to the City a non-exclusive right to enforce the contracts entered into by Developer with its contractors,along with an assignment of all warranties given by the contractors,whether express or implied. Further,Developer agrees that all contracts with any contractor shall include provisions granting to the City the right to enforce such contracts as an express intended third parry beneficiary of such contracts. 14. Estimated Fees Paid by Developer; Reconciliation Prior to execution of this Agreement,Developer has paid to the City the 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 Developer's portion of the fees are less than the estimated payments made by the Developer, the City will refund the difference to the Developer. If the difference between the actual costs of Developer's portion of the fees 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. 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 obtainproof 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. City of Fort Worth,Texas Page 7 of 17 Standard Community Facilities Agreement with City Participation Rev.4/2/20 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 West River Homes LLC City of Fort Worth 830 Taylor St. 200 Texas Street Fort Worth, TX 76102 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 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, City of Fort Worth,Texas Page 8 of 17 Standard Community Facilities Agreement with City Participation Rev.4/2/20 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 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. City of Fort Worth,Texas Page 9 of 17 Standard Community Facilities Agreement with City Participation Rev.4/2/20 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 2270 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 term"boycott Israel"has the meaning ascribed to it by Section 808.001 of the Texas Government Code. The term "company" has the meaning ascribed to it by Section 2270.001 of the Texas Government Code. To the extent that Chapter 2270 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 Developer acknowledges that in accordance with Chapter 2274 of the Texas Government Code,as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2,the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meanings ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature City of Fort Worth,Texas Page 10 of 17 Standard Community Facilities Agreement with City Participation Rev.4/2/20 provides written verification to the City that Developer: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 27. Prohibition on Discrimination Against Firearm and Ammunition Industries Developer acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code,as added by Acts 2021,87th Leg.,R.S.,S.B. 19, § 1,the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice,policy, guidance, or directive that discriminates against a firearm entity or firearm trade association;and(2)will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code,as added by Acts 2021, 87th Leg.,R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not have a practice,policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 28. Immigration and Nationality Act Developer shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Developer shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Developer shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Developer employee who is not legally eligible to perform such services.DEVELOPER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY DEVELOPER, DEVELOPER'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. 29. 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. 30. 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. City of Fort Worth,Texas Page 11 of 17 Standard Community Facilities Agreement with City Participation Rev.4/2/20 31. 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. 32. 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. 33. 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. 34. Counterparts This Agreement may be executed in multiple counterparts, each of which will be deemed an original, but which together will constitute one instrument. 35. 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. 36. City Participation; Fiscal Funding Limitation (a) The City shall reimburse Developer for the City Participation in an amount not to exceed $252,776.00 for construction costs and $5,055.52 for material testing. The remaining City Participation in the amount of$9,824.50 shall not be paid to Developer by the City, but will be used by the City to pay the City's share of construction inspection fees and administrative material testing fees. The City Participation will be paid to Developer after presentation of proper documentation by Developer to the City that the Improvements have been constructed and accepted by the City and all contractors and material suppliers have been paid. (b) In the event no funds or insufficient funds are appropriated and budgeted or are otherwise City of Fort Worth,Texas Page 12 of 17 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. (c) Substantial completion of the Improvements shall occur after Developer's Contractor notifies the City that the Improvements are constructed and ready for their intended use, the City and Developer's Contractor inspect the Improvements,and the City concurs that the Improvements are substantially complete. This Agreement does not provide for any retainage to be withheld from the City Participation. [REMAINDER OF PAGE INTENTIONALLY BLANK] City of Fort Worth,Texas Page 13 of 17 Standard Community Facilities Agreement with City Participation Rev.4/2/20 37. Cost Summary Sheet Project Name: South Oak Grove Estates Section Six CFA No CFA21-0005 IPRC No. IPRC20-0084 City ProjectNo.: 102739 Items Developer's Cost City's Cost Total Cost A. Water and Sewer Construction 1. Water Construction $ 85,750.00 $ - $ 85,750.00 2.Sewer Construction $ 9,944.00 $ 252,776.00 $ 262,720.00 Water and Sewer Construction Total $ 95,694.00 $ 252,776.00 $ 348,470.00 B. TPW Construction 1.Street $ 315,486.00 $ - $ 315,486.00 2.Storm Drain $ 195,685.00 $ $ 195,685.00 3.Street Lights Installed by Developer $ 144,315.00 $ $ 144,315.00 4. Signals $ - $ $ - TPW Construction Cost Total $ 655,486.00 $ $ 655,486.00 Total Construction Cost(excluding the fees): $ 751,180.00 $ 252,776.00 $ 1,003,956.00 Estimated Construction Fees: C. Construction Inspection Service Fee $18,940.00 $9,310.00 $28,250.00 D. Administrative Material Testing Service Fee $2,572.50 $514.50 $3,087.00 E. Water Testing Lab Fee $1,050.00 $1,050.00 F. Material Testing Cost $5,055.52 $ 5,055.52 Total Estimated Construction Fees: $ 22,562.50 $14,880.02 $ 37,442.52 TOTAL PROJECT COST $ 773,742.50 $ 267,656.02 $ 1,041,398.52 Choice Financial Guarantee Options,choose one Amount (Mark one) Bond = 100% $ 751,180.00 x Completion Agreement= 100%/Holds Plat $ 751,180.00 Cash Escrow Water/Sanitary Sewer= 125% $ 119,617.50 Cash Escrow Paving/Storm Drain= 125% $ 819,357.50 Letter of Credit= 125% $ 938,975.00 City of Fort Worth,Texas Page 14 of 17 Standard Community Facilities Agreement with City Participation Rev.4/2/20 IN WITNESS WHEREOF,the City and Developer have each executed this Agreement by their duly authorized signatories to be effective on the date executed by the City's Assistant City Manager. CITY OF FORT WORTH DEVELOPER West River Homes Building,LLC baru,sm-4&� Dana Burghdoff(War 23,20 18:56 CDT) Dana Burghdoff yacob p!'O&or Assistant City Manager By:Jacob Proctor(Mar22,202216:24 CDT) Name: Jacob Proctor Date: Mar23,2022 Title: Owner Recommended by: Date: Mar 22,2022 (�61t& Evelyn Roo s(Mar 22,2022 16:39 CDT) Evelyn Roberts/Jennifer Ezernack Project Assistant Development Services Department Approved as to Form &Legality: Richard A.McCracken(Mar 23,202210:12 CDT) Richard A.McCracken Sr.Assistant City Attorney Contract Compliance Manager: M&C Nos. 21-0053 (1/12/21) By signing, I acknowledge that I am the person 21-0624(8/24/21) responsible for the monitoring and Form 1295: 2020-689459 administration of this contract,including ensuring all performance and reporting 2021-778928 requirements. ATTEST: 7 r 7gelP y1e, V, ale,l Janie Scarlett Morales(Mar 23,202208:00 CDT) J ette S.Goodall(Mar 24,2022 08 CDT) Janie Scarlett Morales Jannette S. Goodall �daannn� Development Manager City Secretary FO�000". � 91. 0 0 8 gp•1�d 0 0 �vo o d O OOo*� 0 0000000 0 ,C7 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth,Texas Page 15 of 17 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 1 -Changes to Standard Community Facilities Agreement ❑ Attachment 2—Phased CFA Provisions ❑ Attachment 3 —Concurrent CFA Provisions ❑X Location Map ❑X Exhibit A: Water Improvements ❑X Exhibit A-1: Sewer Improvements ❑X Exhibit B: Paving Improvements ❑X Exhibit B-1: Storm Drain Improvements ❑X Exhibit C: Street Lights and Signs Improvements ❑X Cost Estimates (Remainder of Page Intentionally Left Blank) City of Fort Worth,Texas Page 16 of 17 Standard Community Facilities Agreement with City Participation Rev.4/2/20 ATTACHMENT"1" Changes to Standard Community Facilities Agreement City Proj ect No. 102739 City of Fort Worth,Texas Page 17 of 17 Standard Community Facilities Agreement with City Participation Rev.4/2/20 South Oak Grive Estates Sec 6 ADM#1-FTW,xls 00 42 43 DAP PROPOSAL FORM Page 4 of 10 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM ADDENDUM NO 1 UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bid]ist Item Specification Unit of Bid No Description Section No. Measure Quantity Unit Price Bid Value UNIT I:WATER IMPROVEMENTS 1 3305,0003 8"Waterline Lowering 33 05 12 EA d13 $7.500.00 $ 7,500.00 2 3305.0101 Fire Hydrant Stem Extension 33 05 14 EA $2,000.00 $ 2,000.00 3 3305.0109 Trench Safe 33 05 10 LF $5.00 $ 65.00 4 3311.0141 6"Water Pie 3311 10 LF $245.00 $ 3.185.00 5 3312.0001 Fire H drant 331240 EA $7.800.00 $ 7,800.00 6 3312.0117 Connection to Existing 4"-12"Water Main 33 12 25 EA 1 $3,200.00 $ 3,200.00 7 3312.2003 1"Water Service 1331210 EA 2 $3,000.001 $ 6.000.00 8 19999.0001 Automatic Flushing Device 1000000 JEA 1 1 $56,000.001$ 56,000.00 TOTAL UNIT I:WATER IMPROVEMENTS1 $85.750.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Form Version May 22,2019 South Oak Grive Estates Sec 6 ADM#]-FTW.As 00 42 43 DAP PROPOSAL FORM Page 5 of 10 Project Item Information Bidder's Proposal Bidlist Item Specification Unit of Bid Description Unit Price Bid Value No. I Section No I Measure Quantity UNIT II:SANITARY SEWER IMPROVEMENTS 1 0241.2103 8"Sewer Abandonment Plug 02 41 14 EA 1 $1,500.00 S 1,500.00 2 0241.2201 Remove 4'Sewer Manhole 0241 14 EA 3 $800.00 $ 2.400.00 3 3301.0001 Pre-CCTV Inspection 3301 31 LF 1243 $8.00 $ 9,944.00 4 3301.0002 Post-CCTV Inspection 3301 31 LF 726 $11.00 $ 7,98600 5 3301.0101 Manhole Vacuum Testing 3301 30 EA 5 $400.00 $ 2.000.00 6 3305.0109 Trench Safety 33 05 10 LF 726 $5.00 $ 3,630.00 7 3305.0116 Concrete Encasement for Utility Pipes 3305 10 CY 45 $500.00 $ 22.500.00 8 3305.0202 Imported Embedment/Backfill,CSS 33 05 10 CY 4 $300.00 $ 1.200.00 9 3331.3106 4"DIP Sewer Service 3331 50 EA 29 $4,000.00 $ 116.000.00 10 3331.4119 8"DIP Sewer Pipe 3311 10 LF 726 $110.00 $ 79.860.00 11 3339.1001 4'Manhole 33 39 10 EA 1 $3,700.00 $ 3,700.00 12 3339.1004 4'Shallow Manhole 33 39 10 EA 4 $3,000.00 $ 12.000.00 TOTAL UNIT II:SANITARY SEWER IMPROVEMENTS $262,720.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Form Version May 22,2019 South Oak Grive Estates Sec 6 ADM#1-FTW.xls 004243 DAP PROPOSAL FORM Page 6 of 10 Project Item Information Bidders Proposal Bidlist Item Specification Unit of Bid Description Unit Price Bid Value No. Section No. Measure Quantity UNIT III:DRAINAGE IMPROVEMENTS 1 0241,4003 Remove 20'Curb Inlet 0241 14 EA 1 $3,000.00 $ 3,000,00 2 3125.0101 SWPPP z 1 acre 31 2500 LS 1 $11.000.00 $ 11,000.00 3 3137.9999 4"Articulated Conc.Block 31 3700 SY 120 $120-00 $ 14,400.00 4 3305.0109 Trench Safety33 05 10 LF 499 $5.00 $ 2.495.00 5 3341.1101 4x2 Box Culvert 3341 10 LF 167 $270.00 $ 45,090.00 6 3341.0201 21"RCP,Class III 3341 10 LF 5 $95.00 $ 475,00 7 3341.0402 42"RCP,Class III 3341 10 LF 323 $215.00 $ 69,445.00 8 3341.9999 2x2 Box Culvert 3341 10 LF 4 $270.00 $ 1,080.00 9 3349.0002 5'Storm Junction Box 33 49 10 EA 1 $9,700,00 $ 9.700.00 10 3349.1009 42"Flared Headwall,1 pipe 33 49 40 EA 1 $6,000.00 $ 6,000.00 11 3349.5002 15'Curb Inlet 33 49 20 EA 1 $9.000.00 $ 9.000.00 12 3349.5003 20'Curb Inlet 33 49 20 EA 2 $12,000.00 $ 24,000.00 TOTAL UNIT III:DRAINAGE IMPROVEMENTS1 $195,685.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Form Version May 22,2019 South Oak Grive Estates Sec 6 ADM#1-FTW.xls 004243 DAP PROPOSAL FORM Page 7 of 10 Project Item Information Bidder's Proposal Bidlist Item Specification Unit of Bid No Description Section No Measure Quantity Unit Price Bid Value UNIT IV: PAVING IMPROVEMENTS 1 3123.0101 Unclassified Excavation by Plan(Fixed Allowance) 31 2316 LS 1 $10,000.00 $ 10,000.00 2 3211 0400 Hydrated Lime 3211 29 TN 71 $230.00 $ 16,330.00 3 3211.0501 6"Lime Treatment 3211 29 SY 3950 $7.00 $ 27,650.00 4 3213.0101 6"Cone Pvmt 32 13 13 SY 3950 $59.00 $ 233,050.00 5 3213 0301 4"Cone Sidewalk 32 13 20 SF 1433 $8 00 $ 11,464.00 6 3213.0506 Barrier Free Ramp.Type P-1 32 13 20 EA 2 $2.500.00 $ 5,000.00 7 3291.0100 Topsoil 3291 19 CY 165 $30.001$ 4,950.00 8 3292.0100 Block Sod Placement 32 92 13 SY 1 987 $6001$ 5.922.00 9 13441.9999 Permanent End of Road Barricade 00 00 00 LF 1 28 $40001$ 1.120.00 TOTAL UNIT IV:PAVING IMPROVEMENTS $315,486.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Form Version May 22,2019 South Oak Grive Estates Sec 6 ADM#1-FTW,xls 004243 DAP PROPOSAL FORM Page 8 of 10 Project Item Information Bidder's Proposal Bidlist Item Specification Unit of Bid No Description Section No. I Measure Quantity Unit Price Hid Value UNIT V:STREET LIGHTING IMPROVEMENTS 1 2605.0111 FURNISH/INSTALL ELEC SERV PEDESTAL 26 05 00 EA 2 $2,800.00 $ 5.600.00 2 2605.3014 2"CONDT RM RISER .260533 LF 80 $50.00 $ 4.000.00 3 2605.3015 2"CONDT PVC SCH 80 T 26 05 33 LF 2,365 $17.00 $ 40.205.00 4 2605.3016 2"CONDT PVC SCH 80(B) 26 05 33 LF 70 $33.00 $ 2,310.00 5 3441.1409 NO 8 INSULATED ELEC CONDR 3441 10 LF 7,410 $2.00 $ 14,820.00 6 3441.1502 GROUND BOX TYPE B.W/APRON 34 41 10 EA 4 $230.00 $ 920.00 7 3441.1645 FURNISH/INSTALL TYPE 33A ARM" 13441 20 JEA 1 12 1 $730001$ 8,760.00 8 3441,3002 Rdwy Ilium Assrnbly TY 8,11,D-25,and D-30 13441 20 JEA 12 $3.000.001$ 36,000.00 9 3441.3301 Rdwy Illum Foundation TY 1,2,and 4 13441 20 EA 12 $2,500.001$ 30.000.00 10 3441.4003 Furnish/Install Alum Sign Ground Mount City Std, 13441 30 JEA 1 1 1 $1,700001$ 1,700.00 TOTAL UNIT V:STREET LIGHTING IMPROVEMENTS $144.315.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Form Version May 22,2019 South Oak Grive Estates Sec 6 ADM#1-FTW.xls 00 42 43 DAP PROPOSAL FORM Page 9 of 10 Project Item Information Bidder's Proposal Bidlist Item Specification Unit of Bid Description Unit Price Bid Value No, I Section No. Measure Quantity Bid Somnrgry UNIT I:WATER IMPROVEMENTS $85,750.00 UNIT II:SANITARY SEWER IMPROVEMENTS $262,720.00 UNIT III:DRAINAGE IMPROVEMENTS $195.685.00 UNIT IV:PAVING IMPROVEMENTS $315.486.00 UNIT V:STREET LIGHTING IMPROVEMENTS $144.315.00 Total Construction Bid $1,003 956.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Form Version May 22,2019 RISINGER 0 w cn > N J 0 m m "s o Q PROJECT LOCATION sw o 0 � C01 0 El 0 McPHERSON cn CO D m w m B IRDo 3 w GARDEN ANDALWOOD a ACRES ALSUE a LUCK 0 PLAZA OAK GROVE u AIRFIELD w o m TIMOTHY w Co 0 U W 0 w STELLA MAE w 0 STUCKER o 0 m CROCKET m w m m 0 m Q NELSON o w N � 0 TARRANT COUNTY cREEK MAPSCO F105-Z o V/C/N/T Y MAP 0 o ID Q m 0 N 0 o o SOUTH OAK GROVE ESTATES Pacheco Koch FORT WORTH,BRYAN IRVIN ROAD FORT WORTH, TX 76109 817.412.7155 CFA EXHIBITSTX REG. ENGINEERING FIRM F-469 CITY PROJECT #102739 r TX REG. SURVEYING FIRM LS-10008001 IPRC20-0084 DRAWiu BY CHECKED BY SCALE DATE J®B NUMBER LOCATED IN THE CITY OF FORT WORTH, TEXAS m BEING OUT OF THE HIRAM LITTLE SURVEY, ABSTRACT NO. 930 m HPB RR N.T.S. 07/01/2021 4533-20.037 TARRANT COUNTY, TEXAS PROP. PUBLIC WATER SERVICE IF 0 50 100 200 EXIST. NOT FUNCTIONAL l� - - - - - - EXIST. PUBLIC WATER MAIN GRAPHIC SCALE IN FEET -------------------- EXIST. PUBLIC WATER SERVICE -- PROPERTY LINE 1 I PROPOSED WATER k SERVICE IF EXISTING PROPOSED FIRE � SERVICE NOT FOUND 1 HYDRANT (TYP.) - - - PROPOSED 6" WATER / \ r \\\ MAIN EXTENSIONCD \ /1 PROPOSED AUTOMATIC cn c I FLUSHING DEVICE / EXISTING 6" PUBLIC WATER MAIN (X-10618) 1 o , - --- r� ---_-- o \ EXISTING 8" PUBLIC \ WATER MAIN (X-10618) 1 ' C I EXISTING FIRE I p l o HYDRANT 3 I SANDALWOOD DRI YEXISTING 8" PUBLIC II TER MAIN (X-10618) PROPOSED WATER II / III SERVICE IF EXISTING SERVICE NOT FOUND II — — -- 1--1 (TYP.) —_ — — I I I I I o I I I I I I I I 0 N 0 N 4060 BRYANT IRVIN ROAD SOUTH OAK GROVE ESTATES Pacheco Koch FORT WORTH, TX 76109 817.412.7155 CFA EXHBITS TX REG. ENGINEERING FIRM F-469 CITY PROJECT #102739 r TX REG. SURVEYING FIRM LS-10008001 IPRC20-0084 FDRAwN BY CHECKED BY SCA[E DATE ✓DB NUMBERLOCATED IN THE CITY OF FORT WORTH, TEXAS � BEING OUT OF THE HIRAM LITTLE SURVEY, ABSTRACT NO. 930 mPB RR 1"=100' 10/30/2020 4533-20.037 TARRANT COUNTY, TEXAS E K H 0 0 aP Q IJ aD UL/ Lf1] L G F=— F----J E=> EXIST. PUBLIC SEWER MAIN PROP. PUBLIC SEWER SERVICE IF 0 50 100 200 EXIST. NOT FUNCTIONAL l� — — — — — — EXIST. PUBLIC SEWER MAIN GRAPHIC SCALE IN FEET ------------ EXIST. PUBLIC SEWER SERVICE o PROP. SSMH -- PROPERTY LINE PROPOSED SEWER SERVICE (TYP.) / \ (COST BY CITY) \` F —T PROPOSED 4' DIA. \ SSMH (TYP.) (COST BY CITY) _ - � o / c m I I 1 w PROPOSED 8" SEWER MAIN _ - Q (COST BY CITY) u / -Ioc EXISTING SEWER C� r SERVICE (TYP.) PROPOSED SEWER SERVICE 17— IF EXISTING SERVICE NOT O FOUND (TYP.) I W o (COST BY DEVELOPER) _ X SANDAL OD RIVE o / o / PROPOSED 8" SEWER MAIN EXISTING 10" (COST BY CITY) PUBLIC SEWER MAIN (X-10618) PROPOSED SEWER SERVICE (TYP.) o (COST BY CITY) -- PROPOSED 4' DIAL SSMH (TYP.) I I (COST BY CITY) Q NOTE: 1* - SANITARY SEWER IMPROVEMENTS WEST OF PROPOSED MANHOLE IN SANDALWOOD DRIVE ARE AT THE DEVELOPER'S COST 2* - SANITARY SEWER IMPROVEMENTS EAST OF PROPOSED Portion Of City o MANHOLE IN SANDALWOOD DRIVE AND ALL SEWER IMPROVEMENTS COSt IN ANGLEWOOD COURT ARE AT THE CITY'S COST participation N 0 4060 BRYANT IRVIN ROAD SOUTH OAK GROVE ESTATES APacheco Koch FORT WORTH, TX 76109 817.412.7155 CFA EXHBITS TX REG. ENGINEERING FIRM F-469 CITY PROJECT #102739 } TX REG. SURVEYING FIRM LS-10008001 IPRC20-0084 LOCATED IN THE CITY OF FORT WORTH, TEXAS DRAWN BY CHECKED BY SCALE DATE J®B NUMBER BEING OUT OF THE HIRAM LITTLE SURVEY, ABSTRACT N0. 930 m HPB RR 1"=100' 10/30/2020 T 4533-20.037 TARRANT COUNTY, TEXAS ln��10 0 0 " op " o M W 0 IJ V O L F---J E� 0 50 100 200 PROP. CONCRETE ROADWAY l� GRAPHIC SCALE IN FEET PROP. CONCRETE SIDEWALK -- PROPERTY LINE 1 I PROPOSED CUL-DE-SAC _ -T\\ CDcn I I 1 \ m �� \ LL 5' w \ / SIDEWALK (TYP.) - I PROPOSED 29' I u `---- o — --- r— _ - B-B ROADWAY — --- M PROPOSED 29' B-B ROADWAY 1 i i 1 1 PROPOSED 5' 1 SIDEWALK (TYP.) _1 ' SANDALWOOD DRIVE ' - PROPOSED TYPE I� P-1 CURB RAMP II / III I I PROPOSED 5' II SIDEWALK (TYP.) — — -- L—1 -- PROPOSED 29' — — PROPOSED 5' i x x B-B ROADWAY SIDEWALK (TYP.) o I I I I 0 N 0 N 4060 BRYANT IRVIN ROAD SOUTH OAK GROVE ESTATES Pacheco Koch FORT WORTH, TX 76109 817.412.7155 CFA EXHBITS TX REG. ENGINEERING FIRM F-469 CITY PROJECT #102739 r TX REG. SURVEYING FIRM LS-10008001 IPRC20-0084 cl� DRAWN BY CHECKED BY SCA[E DATE ✓®B NUMBER BEING OUT OF THE HIRAM LITTLE SURVEY, ABSTRACT NO. 930 LOCATED IN THE CITY OF FORT WORTH, TEXAS m HPB RR 1"=100' 10/30/2020 4533-20.037 TARRANT COUNTY, TEXAS EKHMU "BT, - SUCHN [OH&H I F-=7— G F-=— F----J =--::) PROP. STORM DRAIN 0 30 60 120 ■ PROP. JUNCTION BOX GRAPHIC SCALE IN FEET l� 0 PROP. CURB INLET -- PROPERTY LINE PROPOSED 20' 113 I , CURB INLET I W J O L PROPOSED 15' -•� L CURB INLET 1 PROPOSED 4'X2' RCB STORM DRAIN SANDALWOOD DRIVE PROPOSED 4'X2' RCB i Ll I I — STORM DRAIN I I I [PROPOSED JUNCTION B5O'Xx5' o I I I I I I I I m PROPOSED 20' PROPOSED 2'X2' RCB I I I CURB INLET STORM DRAIN Q o M ---- � _ -- - x x J o x � o u PROPOSED 42" RCP > STORM DRAIN i , I 0 0 N � , I 0 I I - o PROPOSED 42" HEADWALL o N 0 N 0 4060 BRYANT IRVIN ROAD SOUTH OAK GROVE ESTATES Pacheco Koch FORT WORTH, TX 76109 817.412.7155 CFA EXHBITS TX REG. ENGINEERING FIRM F-469 CITY PROJECT #102739 r TX REG. SURVEYING FIRM LS-10008001 IPRC20-0084 rDRAwN BY CHECKED BY SC9[E DATE ✓®B NUMBER LOCATED IN THE CITY OF FORT WORTH, TEXAS BEING OUT OF THE HIRAM LITTLE SURVEY, ABSTRACT NO. 930 mPB RR 1'=60' 10/30/2020 4533-20.037 TARRANT COUNTY, TEXAS SUIRCECEU MOM MPIRDWIENIEHUS � (:Z� F=- F----Jo 0 50 100 200 PROP. STREET LIGHT 1� PROPERTY LINE GRAPHIC SCALE IN FEET -- STREET NAME SIGN �� PROPOSED _ _ _ / / '����� �/ STREET LIGHT m a + PROPOSED ' STREET LIGHT —_— f -- N � PROPOSED STREET 0 o NAME SIGNS W Z i SANDALWOOD DRIVE PROPOSED STREET LIGHT 0 1 x x , x � I I I I I I I II I � I � N 0 N o SOUTH OAK GROVE ESTATES Pacheco Koch FORT WORTH,BRYAN IRVIN ROAD FORT WORTH, TX 76109 817.412.7155 CFA EXHBITS TX REG. ENGINEERING FIRM F-469 CITY PROJECT #102739 r TX REG. SURVEYING FIRM LS-10008001 IPRC20-0084 DRAWiV BY CHECKED BY SCALE DATE J®B JVUNIBER LOCATED IN THE CITY OF FORT WORTH, TEXAS BEING OUT OF THE HIRAM LITTLE SURVEY, ABSTRACT NO. 930 m HPB RR 1"=100' 01/12/2021 4533-20.037 TARRANT COUNTY, TEXAS M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA F6R�m DATE: 1/12/2021 REFERENCE **M&C 21- LOG NAME: 60SOUTHOAKG ROVES EWER NO.: 0053 CODE: G TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 8) Authorize Execution of a Community Facilities Agreement with West River Homes Building, LLC, with City Participation in the Amount Not to Exceed $166,736.00 for Replacement of Existing Sewer Mains in South Fort Worth to Serve the South Oak Grove Estates Section Six Development and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of a Community Facilities Agreement with West River Homes Building, LLC, with city participation in the amount not to exceed $166,736.00, for replacement of an existing 6-inch sewer main with an 8-inch sewer main and an existing 8-inch sewer main with a new 8-inch sewer main, in south Fort Worth to serve the South Oak Grove Estates Section Six Development; and 2. Adopt the attached appropriation ordinance adjusting receipts and appropriations in the Water and Sewer Bond 2020A Fund by decreasing receipts and appropriations in the Unspecified project (City Project No. UNSPEC) in the amount of $166,736.00 and increasing receipts and appropriations in the CFA Bucket project (City Project No. P00001) by the same amount to fund the Community Facilities Agreement - South Oak Grove Estates (City Project No. 102739). DISCUSSION: West River Homes Building, LLC (Developer) is constructing the South Oak Grove Estates section six residential subdivision development located in south Fort Worth. The Water Department would like to cost participate to replace the existing 6-inch sewer main to meet our current standards with an 8-inch sewer main in Anglewood Court, and the existing 8-inch sewer main with an 8-inch sewer main in Sandalwood Drive. Due to the shallow depth, the City will contribute 100\% to the construction of these two sewer lines. The South Oak Grove Estates project(City Project No. 102739), Accela System Record IPRC20-0084. This sewer project will be publicly bid. The City participation in the construction cost of the replacement of these sewer mains is estimated to be in an amount not to exceed $166,736.00 as shown in the table below: A. 8" Sewer Line Developer City Cost Total Cost Construction Cost 1. Water $215,117.69 $0.00 $215,117.69 2. Sewer $610,519.35 $130,759.42 $741,278.77 Sewer Contingency 20\% $0.00 $26,151.88 $26,151.88 3. Drainage $136,994.39 $0.00 $136,994.39 4. Paving $236,398.85 $0.00 $236,398.85 5. Street Lighting $116,585.53 $0.00 $116,585.53 Construction Fees: http://apps.cfwnet.org/council_packet/me_review.asp?ID=28605&councildate=l/12/2021 11/19/2021 M&C Review Page 2 of 2 B. Construction Inspection Fee $21,315.00 $9,310.00 $30,625.00 C. Material Testing Fee $2,572.50 $514.50 $3,087.00 D. Water Testing Lab Fee $1,050.00 $0.00 $1,050.00 Total Project Cost $1,340,553.31 1$166,735.80 $1,507,289.11 The reimbursement of the participation, excluding inspection and material testing fees, is not a lump- sum amount and may be less than the stated amount depending upon the actual quantities and unit prices from the Notice of Final Completion package, commonly referred to as the Green Sheet package. This development is located in Council District 8. 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 Fund and upon approval of the above recommendation and adoption of the attached appropriation ordinance, funds will be available in the Water& Sewer Bond 2020A Fund for the CFA Bucket project to support the approval of the above recommendation and execution of the agreement. Prior to an expenditure being incurred, the Water Department has the responsibility of verifying the availability of funds. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chart field 2 Submitted for City Manager's Office by: Dana Burghdoff(8018) Originating Department Head: Chris Harder(5020) Additional Information Contact: Soon Wong (8369) ATTACHMENTS 60SOUTHOAKGROVESEWER 56017 A021(2) (2).docx South Oak Grove Estates CFA EXHIBITS-Al -SEWER.pdf http://apps.cfwnet.org/council_packet/mc_review.asp?ID=28605&councildate=1/12/2021 11/19/2021 City of Fort Worth, Texas Mayor and Council Communication DATE: 08/24/21 M&C FILE NUMBER: M&C 21-0624 LOG NAME: 60SOUTH OAK GROVE RD ESTATES AMEND SUBJECT (CD 8)Amend Mayor and Council Communication 21-0053, Authorizing Execution of a Community Facilities Agreement with West River Homes Building, LLC, to Increase the City Participation to$313,156.00 and Adopt the Attached Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Amend Mayor and Council Communication 21-0053, authorizing execution of a Community Facilities Agreement with West River Homes Building, LLC to increase City participation to$313,156.00 for the South Oak Grove sewer replacement project; and 2. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Water&Sewer Revenue Bonds Series 2021 Fund, in the amount of$146,420.00, by decreasing the estimated receipts and appropriations in the Unspecified project(City Project No. UNSPEC)and increasing estimated receipts and appropriations in the Community Facilities Agreement Bucket(City Project No. P00001) by the same amount, for the purpose of funding the South Oak Grove Replacement project(City Project No. 102739). DISCUSSION: On January 12, 2021, Mayor and Council Communication(M&C 21-0053), the City Council authorized the execution of a Community Facilities Agreement(CFA)with West River Homes LLC., with City participation in the amount of$166,736.00 for the South Oak Grove Estates sewer replacement project and appropriated funds for the project. The developer initially chose to privately bid the project.The developer has now decided to publicly bid the project due to state law limits for City participation in privately bid developer projects. The Water Department is seeking additional funding for the increased cost share in the amount of$146,420.00 based on the signed bid proposal from the contractor who was awarded the public bid. Funding for the infrastructure Improvements for public sewer main South Oak Grove Estates project is as depicted below: FUND Existing Additional Project Total* Appropriations Appropriations Water&Sewer Bond $166,736.00 $0.00 $166,736.00 2020A Fund 56017 W&S Rev Bonds $0.00 $146,420.00 $146,420.00 Series 2021 —Fund 56019 Total $166,736.00 $146,420.00 $313,156.00 *Numbers rounded for presentation purposes. This project is in COUNCIL DISTRICT 8 FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are currently available in the Unspecifed-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 the W&S Rev Bonds Series 2021 Fund for the CFA Bucket programmable 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 City Manager's Office W. Dana Burghdoff 8018 Originating Business Unit Head: Chris Harder 5020 Additional Information Contact: Soon Wong 8369 Expedited , R , R Home Legislation Calendar City Council Departments 91 © O Share D RS Y Alerts Details Reports File #: M&C 21-0624 Version: 1 Name: Type: General Consent Status: Passed File created: 8/19/2021 In control: CITY COUNCIL On agenda: 8/24/2021 Final action: 8/24/2021 (CD 8)Amend Mayor and Council Communication 21-0053,Authorizing Execution of a Community Facilities Title: Agreement with West River Homes Building, LLC, to Increase the City Participation to $313,156.00 and Adopt the Attached Appropriation Ordinance Attachments: 1. M&C 21-0624, 2. 60SOUTH OAK GROVE RD ESTATES AMEND 56019 A021(r2).pdf History(1) Text 1 record Group Export Date ? Ver. Action By Action Result Action Details Meeting Details Video 8/24/2021 1 CITY COUNCIL Approved Action details Meeting details Not available