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HomeMy WebLinkAboutContract 58086 Received Date: September 16, 2022 Received Time: 4:23 PM Developer and Project Information Cover Sheet: Developer Company Name: Meritage Homes of Texas,LLC Address, State,Zip Code: 8840 Cyprus Waters Blvd., Suite 100 Dallas, Texas 75019 Phone&Email: (972)580-6357, Steven.Cookameritagehomes.corn Authorized Signatory, Title: David Aughinbaugh,Vice President Project Name: Chisholm Trail Ranch Offsite Sanitary Sewer Main Brief Description: Sewer Only Project Location: McPherson Blvd. and Old Granbury Rd. Plat Case Number: Not Provided Plat Name: Chisholm Trail Ranch Mapsco: 117E& 117F Council District: 6 CFA Number: CFA22-0055 City Project Number: 103610 1 IPRC21-0132 OFFICIAL RECORD CITY SECRETARY City of Fort Worth,Texas FT.WORTH,TX Standard Community Facilities Agreement with City Participation Rev.4/2/20 City Secretary Number: 58086 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 Meritage Homes of Texas, LLC ("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 Chisholm Trail Ranch Offsite Sanitary Sewer Main(`'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 $6,364,616.37 to enlarge the scope of the Improvements beyond what Developer is responsible for constructing by oversizing approximately 18,000 linear feet of sewer main to provide additional capacity for future growth in the basin as authorized by City Council through approval of M&C 22-0355 on May 10,2022("City Participation"); and WHEREAS, the City Participation includes payments to Developer in amounts not to exceed $6,162,285.20 for construction costs, $54,720.00 for easement acquisition costs, $123,245.70 for material testing costs, and $4,230.04 for public bidding advertisement costs. The remaining City Participation in the amount of$20,251.43 will not be paid to the Developer,but will cover the City's portion of construction inspection service fees, administrative material testing services fees, and IPRC Engineering Plan Review Fes; 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 City of Fort Worth,Texas FT.WORTH,TX Standard Community Facilities Agreement with City Participation Rev.4/2/20 NOW,THEREFORE,for and in consideration of the covenants and conditions contained herein, the City and the Developer do hereby agree as follows: 1. CFA Ordinance The Community Facilities Agreements Ordinance("CFA Ordinance"),as amended,is incorporated into this Agreement by reference, as if it was fully set forth herein. Developer agrees to comply with all provisions of the CFA Ordinance in the performance of Developer's duties and obligations pursuant to this Agreement and to cause all contractors hired by Developer to comply with the CFA Ordinance in connection with the work performed by the contractors. If a conflict exist between the terms and conditions of this Agreement and the CFA Ordinance,the CFA Ordinance shall control. 2. Incorporation of Engineering Plans The engineering plans for the Improvements that have been approved by the City ("Engineering Plans")and the Project Manual are incorporated into this Agreement by reference as if fully set out herein. Developer shall provide at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to construct the Improvements required by this Agreement. 3. Description of Improvements; Exhibits and Attachments The following exhibits describe the general location, nature and extent of the Improvements that are the subject of this Agreement and are attached hereto and incorporated herein by reference: ❑ Exhibit A: Water ® Exhibit A-1: Sewer ❑ Exhibit B: Paving ❑ Exhibit B-1: Storm Drain ❑ 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, Attachment 3 — Concurrent CFA Provisions, and Attachment 4 — Basins Map 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 Standard City Conditions of the Construction Contract for Developer Awarded Projects, the Project Manual 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 City of Fort Worth,Texas Page 3 of 21 Standard Community Facilities Agreement with City Participation Rev.4/2/20 constructing the Improvements, and consent of the surety on payment and performance bonds provided for the Improvements. City may at any time and without cause suspend the construction of the Improvements by delivering a written notice to Developer and Developer's contractors. 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 twelve (12) months of the initial pre- construction meeting between representatives of Developer and the City ("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. City of Fort Worth,Texas Page 4 of 21 Standard Community Facilities Agreement with City Participation Rev.4/2/20 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. (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. City of Fort Worth,Texas Page 5 of 21 Standard Community Facilities Agreement with City Participation Rev.4/2/20 (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. . If relocation of utilities are necessary for construction of the Improvements, the parties must execute a written amendment to this Agreement setting forth each party's responsibility for the costs. The parties intend that the cost of any utility relocations would be split with the City paying 76.0% and Developer paying 24.0% of the costs. 11. Easements,Rights-of-Way and Permits 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 for any rights-of-way or easements that are located in basins S132, SB3, S136, SB8, SB 9 and SB 10 which are identified in the Basins Map in Attachment 4 which is attached hereto and incorporated herein by reference. Developer will negotiate with property owners and obtain easements necessary for the Improvements in all other basins identified in Attachment 4. City shall reimburse Developer 76.0%of the easement costs in an amount not to exceed$54,720.00. Any additional easement acquisition by Developer must be approved by the City before the easement is acquired or Developer shall bear the entire cost of such easement acquisition. City shall not exercise eminent domain or other authority in assisting in obtaining easements. Developer shall be responsible for obtaining and paying all costs associated with any permits or approvals that must be obtain from entities other than the City that are necessary for the construction of the Improvements, including but not limited to, permits from the Texas Department of Transportation, a railroad, or any other governmental entity. 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 City of Fort Worth,Texas Page 6 of 21 Standard Community Facilities Agreement with City Participation Rev.4/2/20 OFANYINJURIES OR DAMAGES SUSTAINED BYANYPERSONS,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 PROPERLY SAFEGUARD THE WORK, OR ONACCOUNT OFANYACT, 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, INCLUDING DEATH, RESULTING FROM, OR INANY 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 party beneficiary of such contracts. 14. Estimated Fees Paid by Developer; Reconciliation Developer is responsible for paying 66.7% of administrative material testing service fees and construction inspection service fees. There are no water testing lab fees expected for the Project. Prior to execution of this Agreement, Developer has paid to the City the estimated cost of Developer's share 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 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 City of Fort Worth,Texas Page 7 of 21 Standard Community Facilities Agreement with City Participation Rev.4/2/20 the actual costs of the fees are less than the estimated payments made by the Developer,the City will refund the difference to the Developer.If the difference between the actual costs and the estimated payments made by the Developer is less than fifty dollars($50.00),the City will not issue a refund and the Developer will not be responsible for paying the difference. The financial guarantee will not be released by the City or returned to the Developer until reconciliation has been completed by the City and any fees owed to the City have been paid by the Developer. In addition to the above,the total amount of IPRC Engineering Plan Review Fees for the project is $9,675.00. Developer shall pay the City 90% of the cost, which equals $8,707.50. Developer previously paid the City$8,514.00 and owes the City the remaining balance of$193.50. 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: DEVELOPER: Development Coordination Office Meritage Homes of Texas, LLC City of Fort Worth 8840 Cyprus Waters Blvd., Suite 100 200 Texas Street Dallas, Texas 75019 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 City of Fort Worth,Texas Page 8 of 21 Standard Community Facilities Agreement with City Participation Rev.4/2/20 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, 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. City of Fort Worth,Texas Page 9 of 21 Standard Community Facilities Agreement with City Participation Rev.4/2/20 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. 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 City of Fort Worth,Texas Page 10 of 21 Standard Community Facilities Agreement with City Participation Rev.4/2/20 goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms `-boycott Israel" and"company"has the meanings ascribed to those terms by Chapter 2271 of the Texas Government Code. To the extent that Chapter 2271 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1)does not boycott Israel; and(2)will not boycott Israel during the term of this Agreement. 26. Prohibition on Boycotting Energy Companies 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 provide 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 against a firearm entity or firearm trade association,""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 signatures provides written verification to the City that Developer: (1)do 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 Suhchapter J, Chapter 552, Government Code,may apply to this Agreement and Developer agrees that the Agreement can he terminated if Developer knowingly or intentionally fails to comply with a requirement of that subchapter. Developer acknowledges that section 552.371 of the Texas Government Code applies to this Agreement if: (1) this Agreement has a stated expenditure of at least $1 million in public funds for the purchase of good or services by the City; or (2) this Agreement results in the expenditure of at least$1 million in public funds for the purchase of goods or services by the City in a fiscal year of the City. To the extent that section 552.371 of the Texas Government Code applies City of Fort Worth,Texas Page I I of 21 Standard Community Facilities Agreement with City Participation Rev.4/2/20 to this Agreement, Developer shall comply with section 552.372 of the Texas Government Code by: (1) preserving all contracting information relating to this Agreement as provided by the records retention requirements applicable to the City for the duration of the Agreement; (2)promptly providing the City any contracting information related to this Agreement that is in the custody or possession of Developer on request of the City; and(3) on completion of the Agreement, either(a)providing at no cost to the City all contracting information related to the Agreement that is in the custody or possession of Developer; or (b) preserving the contracting information relating to the Agreement as provided by the retention requirements application to the City. 29. Immigration and Nationality Act Developer shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Developer shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Developer shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Developer employee who is not legally eligible to perform such services.DEVELOPER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY DEVELOPER, DEVELOPER'S EMPLOYEES,SUBCONTRACTORS,AGENTS, OR LICENSEES. City,upon written notice to Developer, shall have the right to immediately terminate this Agreement for violations of this provision by Developer. 30. Amendment No amendment, modification, or alteration of the terms of this Agreement shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by the City and Developer. 31. Assignment and Successors Developer shall not assign or subcontract all or any part of its rights, privileges,or duties under this Agreement without the prior written consent of City. Any attempted assignment or subcontract without the City's prior written approval shall be void and constitute a breach of this Agreement. 32. No Third-Party Beneficiaries The provisions and conditions of this Agreement are solely for the benefit of the City and Developer, and any lawful assign or successor of Developer, and are not intended to create any rights, contractual or otherwise,to any other person or entity. 33. Compliance with Laws,Ordinances,Rules and Regulations Developer, its officers, agents, servants, employees, and contractors, shall abide by and comply with all laws, federal, state and local, including all ordinances, rules and regulations of City. It is agreed and understood that, if City calls to the attention of Developer any such violation on the part of Developer City of Fort Worth,Texas Page 12 of 21 Standard Community Facilities Agreement with City Participation Rev.4/2/20 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 original, but which together wil I 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 Participation paid by City to developer shall be for 76.0% of the construction costs in an amount not to exceed $6,162,285.20; 76.0% of the easement costs for easements outside basins S132, S133, S136, SBB, SB 9 and SB 10 in an amount not to exceed $54,720.00; 33.3% of material testing costs in an amount not to exceed$123,245.70; and 76.0% of public bidding advertisement costs in an amount not to exceed $4,230.04. The remaining City Participation in the estimated amount of $20,251.43 will not be paid to the Developer, but will cover the City's portion of construction inspection service fees, administrative material testing services fees, and IPRC Engineering Plan Review Fees. Developer shall be responsible for all other costs for the Improvements. The City Participation was calculated in accordance with the charts below. The lengths were determined based upon a good faith estimate agreed to by the parties. The chart does NOT imply reservation or allocation of any flows for any basin or design point (DP). Only basins explicitly listed in Section 39 have any allocations. Begin End Developer City Avg Length x Developer City length DP DP Avg Flow Flow Flow length x x flow DPI DP2 101.35 204.17 648,315 215 074 433,242 DP2 DP3 101.35 204.17 243,806 80,881 162,925 City of Fort Worth,Texas Page 13 of 21 Standard Community Facilities Agreement with City Participation Rev.4/2/20 D13 I D14 101.35 265.35 344,339 95.172 249,168 DP4 DP5 180.10 265.35 1,175,119 475,115 700,004 DP5 DP6 256.18 324.60 998,950 440,631 558,319 DP6 DP8 323.02 629.66 1,771,992 600,819 1,171,173 DP8 DP9 362.64 694.77 1,613,608 553,387 1,060,221 DP9 DP10 362.64 1722.99 13,056,059 2,270 119 10 785,940 TOTAL: 19,852,188 4,731,196 15 120 992 Wei hted: 24.0% Projed Iteminfi n tim-IPRC21-0132 mmin m Cascade Bidlist 17e6tMtion Spau&atioa L.:ait of $ [Gain Price Bid trsh+e Item SectimNo. !Measure - CTR Offsite Sewer Line Faciliries Base Bid 1 0136 0101 Railroad Coordination 01 35 13 LS 1 $9 000.00 $9,000.00 2 0135.0201 RnalroadFlagmen 01 35 13 WD 45 $2000.00 $90,000.00 3 3126 0101 SW PPP>1 Acre 31 25 00 LS 1 $35 000.00 $35,000.00 4 3110.0101 Site Clearing 311000 Ac 20.9 $1,000.00 $20,900.00 5 3292.13200 Seeding.Broadcast Bermuda Grass 32 92 13 SY 112,609 $t1.50 $56,304.50 6 3301.0002 Post-CCTV Inspection 33 01 31 LF 18,643 $1.00 $18,643.00 7 3301.0101 Manhole Vacuum Tesbnq 33 01 30 EA 44 $200.00 $8 800.00 8 3305.0109 Trench Safety 3305 10 LF 1 18,643 $0.50 $9,321.50 9 3305.0110 Utility Markers 33 05 26 EA 37 $120.00 $4,440.00 10 3305.0112 Concrete Collar 3306 17 EA 21 $1,400.00 $29,400.00 11 3305.0113 Trench Water Stops 3305 15 EA 9 $7M-0-0 $6,30-0 00 12 3305.1107 42"Casing By Other Than Open Cut 33 05 22 LF 494 $1,700.00 S839,800.00 13 3305.1108 48"Casing By Other Than Opert Cut 33 05 22 LF 485 $2,100.00 $1,0118,500.00 3311 10, 14 3331.4115 8" SDR-26 PVC Sewer Pipe 3331 12, LF 80 $85.00 $6,800.00 33 31 20 3311 10, 15 3331.4116 8"Sewer Pipe,Deep Trench Backfill( 3331 12, LF 96 $240AM $23,040.00 333120 3311 10, 16 3331 4208 12"SDR-26 PVC Sewer Pipe 3331 12, LF 500 $100 00 $50,000.60 333190 3311 10, 17 3331.4209 12"SDR-26 PVC Sewer Piper Deep Ti 3331 12, LF 3,006 $220.00 S661,320.00 333120 18 3331.4212 12"DIP Sewer 3311 10 LF 108 $165.00 $17,820.00 19 3331.4213 12"DIP Sewer,Deep Trench Backfill 1 33 11 10 LF 196 $175.00 $34,300.00 3311 10, 20 3331.4215 15' S❑R-26 PVC Sewer Pipe 3331 12, LF 2,675 $145 00 $387,875.00 333120 21 3331.4321 24"DIP Sewer(Class 200) 3311 10 LF 582 $275.00 $160.050.00 22 3331.4322 24"DIP Sewer,Deep Trench Backfill 1 3411 10 LF 187 $520.00 $97 240.00 23 33314405 30"DIP Sea%w Cass 150 3511 10 LF 992 $370.60 $367 040.00 24 3331.4406 30"DIP Sewer Deep Trench Backfill 1 36 11 10 LF 138 $6W-60 $82 800.00 25 3339-ODOI Epoxy Manhole liner 33 39 60 EA 44 $6 500.00 5286 000.00 26 3339.1001 4'Manhole 333919, EA 23 $14,500.00 $333,500.00 33 39 20 27 3339.1101 9Manhole 33 39 10. EA 18 $18,000.00 $324,000.00 33 39 20 28 3339.1102 5'Drop Manhole 33391G. EPA 3 $27 000 00 $81.000.00 33 39 20 29 3471.0001 Traffic Control 3471 13 MO 4 $5.500.013 $22,000.00 30 9999 0001 Odor Control-Wager 2050 or Equal K 00 00 00 EA 13 $11,000.00 $143,000.00 31 9999.0002 water-Ti ht Hinged MH Cover 00 00 00 EA 10 $1,500.00 $15,000.00 32 9999.0003 Boot Per Detail for Future 8"S.S.Line 00 00 00 EA 7 $1,000.00 $7,000.00 33 9995.0004 Sawcut,Renrwe&Replace Existing F 00 OD 00 SY 128 $150.00 $19,200.00 34 9999.0005 Re-e and Replace E.Barbed-Win 00 0000 LF 2,181 $12.00 $26,172-00 35 9995.0006 24"Casing By Other Than Open Cut 00 OD 00 LF 55 $950.00 $52,250.00 36 19999.0007 Connect to Ex.Manhole 00 00 00 1 EA 1 $25.000.00 $25,000-00 Total Senmr Improvements Base Bid $5,358,816.00 City of Fort Worth,Texas Page 14 of 21 Standard Community Facilities Agreement with City Participation Rev.4/2/20 Pf'L1jeCt Tt2Q1WMMt1M Md11 am Cmende Bidlist Specification L nit of Bid Item De tso� Secdim to_ Mnsitre Qn=its Grtit Price Bid alt e Alternate Items CTR affsite Sewer Bid 37A 3331.4225 18"Solid'A'all PVC Per ASTM F679 33 31 20 LF 1,085 $0.00 $0.00 37B 3331.4232 18"Fiberglass Sewer Pipe 3331 13 LF 1.085 $175.00 $189.875.00 38A 3331.4226 18"Solid V%Iald PVC Per ASTM F679,1 33 31 20 LF 672 $0 00 $0.00 385 3331.4233 19'Fiberglass Sewer P e Deep Trer 3331 13 LF 672 $225.00 $151 200.00 39A 3331.4308 21"Solid Wall PVC Per ASTM F679 33 31 20 LF 396 W-00 $0_CO 39B 3331.4311 21"Fiberglass Sewer Pie 33 31 13 LF 396 $190.00 $75.240_CO 40A 3331.4309 21"Solid Wali PVC Per ASTM F679,1 33 31 20 LF 2.249 $9.(}) $0.00 40B 3331.4312 21"Fiberglass Sewer Pi e, Deep Trer 3331 13 LF 2 249 $36f1-w S809,640.110 41A 3331.4318 24"Solid Wall PVC Per ASTM F679 1 3331 20 LF 431 $t1.00 $0.00 41B 3331.4325 24"Fiber lass Sewer Pi , Deep Tre3 3331 13 LF 431 $340.00 S146,540.00 42A 3331.4330 2T'Solid A''all PVC Per ASTM F679 33 31 20 LF 2 237 W.00 $0.00 428 3331.4333 27"Fiberglass Sewer Pipe 33 31 13 LF 2.237 $207.00 5463,059.06 43A 3331.4331 2T Solid Wall PVC Per ASTM F679,11 33 31 20 LF 3,013 W.00 $0.00 43B 3331.4334 2T'Filer lass Sewer Pi e,Deep Trerl 3331 13 LF 3,013 $300.00 S903,900.00 Total_alternate Item Bid S2,739,454.00 Bid Surrurlary Total Sewer Improvements Base Bid $5,368,816_t10 Total AJterna%Items Bid $2,739,454.00 Total Construction Bid $8108 27B.00 CITI'RIRTTCTP4-TTO'N*COST.SFF-1RE''6% $6,162,285.20 M=AGE HOMES COST SHARE 24% $1.945,984.80 (b) The City shall reimburse Developer for the City Participation no more than three(3)times during construction of the Improvements. Developer shall endeavor to distribute the requests for reimbursement as evenly as possible across the expected construction timeline. Developer must submit payment requests to the City in the form of an invoice in the form approved by the City in order to obtain reimbursement of the City Participation(each a-Payment Request"). Each Payment Request shall be delivered to the City through the City's BIM 360 software system. Each Payment Request must include proof that Developer has paid all contractors for the items included in the Payment Request. Each Payment Request must all be contain an affidavit of payment and release of lien signed by Developer's contractors for the amount in the Payment Request.The affidavit and lien release shall be signed by Developer's contractors and verify that Developer has paid the contractors and all subcontractors and materials suppliers have been paid. Developer must register as a vendor of the City before the City Participation may be paid to Developer. (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 contractors inspect the Improvements,and the City concurs that the Improvements are substantially complete. This City will withhold 5% in retainage from each payment made to Developer. Developer shall withhold 5% in retainage from each payment made to Developer's contractors. Retainage shall be paid by City to Developer 30 days after the Improvements are constructed and accepted by the City and Developer delivers an invoice to the City. The payment of material testing costs to Developer shall not be made by the City until the Improvements are accepted by the City as evidenced by execution of the document commonly referred to as the green sheet. City of Fort Worth,Texas Page IS of 21 Standard Community Facilities Agreement with City Participation Rev.4/2/20 (d) 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. 38. On-Site Infrastructure On-Site infrastructure constructed pursuant to separate community facilities agreements may not be accepted by the City until the Improvements in this Agreement have been constructed, passed all inspections, and are accepted by the City. 39. Sewer Capacity and Recovery Charges The Improvements will serve the basins shown in the basins map attached hereto at Attachment 4 and incorporated herein by reference. Developer is entitled to its proportional share of capacity in the sewer main based on Developer's capacity related financial participation in the design and construction of the Project as stated in Table 1. City will review future sewer studies and loadings to ensure proper allocation is given as outlined in Table 1. Table 1 —Allowable Flow per Basin Average Peak Flow Basin Flow(GPM) GPM S132 103.78 382.97 SB3 54.69 211.34 S136 24.06 97.45 S138 76.08 286.81 S139 66.84 254.66 SB10 39.62 156.10 Basins in Table 1 will not be subject to per acre or other capital recovery charges related to the sewer main. Any additional flow beyond the flow requested by the above basins will be subject to future pro rata charges and available solely at discretion of the City. On the basins not shown in Table 1, the City may assess a pro rata charge consistent with City ordinance. [REMAINDER OF PAGE INTENTIONALLY BLANK] City of Fort Worth,Texas Page 16 of 21 Standard Community Facilities Agreement with City Participation Rev.4/2/20 40. Cost Summary Sheet Project Name: Chisholm Trail Ranch Offsite Sanitary Sewer Main CFA No.: CFA22-0055 IPRC.No.: IPRC21-0132 City Project No.: 103610 Items Developer's Cost City's Cost Total Cost A. Water and Sewer Construction 1. Water Construction $ - $ - $ - 2. Sewer Construction $ 1,945,984.80 $ 6,162,285.20 $ 8,108,270.00 Water and Sewer Construction Total $ 1,945,984.80 $ 6,162,285.20 $ 8,108,270.00 B. TPW Construction 1. Street $ - $ - $ - 2. Storm Drain $ - $ - $ - 3. Street Lights Installed by Developer $ - $ - $ - 4. Signals $ - $ - $ - TPW Construction Cost Total $ - $ - $ - Total Construction Cost(excluding the fees): $ 1,945,984.80 $ 6,162,285.20 $ 8,108,270.00 Estimated Construction Fees: C. Construction Inspection Service Fee $27,513.75 $13,736.25 $41,250.00 D. Administrative Material Testing Service Fee $11,112.22 $5,547.78 $16,660.00 E. Material Testing Costs TBC $123,245.70 $123,245.70 F. Easements(24%Developer 76%City) $17,280.00 $54,720.00 $72,000.00 G. IPRC Plan Review Fees $7,662.60 $851.40 $8,514.00 H. Public Bid Advertisement $1,335.80 $4,230.04 $5,565.84 Total Estimated Construction Fees: $64,904.37 $202,331.17 $267,235.54 TOTAL PROJECT COST $ 2,010,889.17 $ 6,364,616.37 $ 8,375,505.54 Financial Guarantee Options, choose one Amount Choice Mark one Bond = 100% $ 1,945,984.80 X Completion Agreement= 100%/Holds Plat $ 1,945,984.80 Cash Escrow Water/Sanitary Sewer= 125% $ 2,432,481.00 Cash Escrow Paving/Storm Drain = 125% $ - Letter of Credit= 125% $ 2,432,481.00 City of Fort Worth,Texas Page 17 of 21 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 Meritage Homes of Texas, LLC Dana Burghdoff(Sep 13,20 11:53 CDT Dana Burghdoff Assistant City Manager By: DavidDavid A�h(Sep 12,202208:11 CDT) Date: Sep 13, 2022 Name: David Aughinbaugh Title: Vice President Recommended by: Date: Sep 12, 2022 8rc�M',&Am Bichson Nguyen(SKp 12,2022 09:14 CDT) Dwayne HollarsBichson Nguyen Contract Compliance Specialist Development Services Department Approved as to Form&Legality: Richard A.McCracken(Sep 13,202211:47 CDT) Richard A. McCracken Sr. Assistant City Attorney Contract Compliance Manager: M&C No. 22-0355 Date: 5/10/22 By signing,I acknowledge that I am the person responsible for the monitoring and Form 1295: 2022-877233 administration of this contract,including ensuring all performance and reporting ATTEST: requirements. 7GI�!?Gt`t`2 cl C7000�GICC Yano S6arle*�Morales L Janie Scarlett Morales(Sep 12,2022 21:58 CDT) Jannette S.Goodall(Sep 14,202215:40 CDT) Jannette Goodall Janie Morales City Secretary oaf FORT.Z1aa Development Manager ��o°oo°0000°o� �� p1o° °0�� �vo 0 Pq Y o o da00000 Y T°° °°° ,b ��nLe�pSoo OFFICIAL RECORD CITY SECRETARY City of Fort Worth,Texas FT.WORTH,TX Standard Community Facilities Agreement with City Participation Rev.4/2/20 The following attachments are incorporated into this Agreement. To the extent a conflict exists between the main body of this Agreement and the following attachments, the language in the main body of this Agreement shall be controlling. Included Attachment ® Attachment 1 - Changes to Standard Community Facilities Agreement ❑ Attachment 2—Phased CFA Provisions ❑ Attachment 3 —Concurrent CFA Provisions ® Attachment 4—Basins Map ® Location Map ❑ Exhibit A: Water Improvements ❑X Exhibit A-1: Sewer Improvements ❑ Exhibit B: Paving Improvements ❑ Exhibit B-1: Storm Drain improvements ❑ Exhibit C: Street Lights and Signs improvements ❑X Cost Estimates (Remainder of Page Intentionally Left Blank) City of Fort Worth,Texas Page 19 of 21 Standard Community Facilities Agreement with City Participation Rev.4/2/20 ATTACHMENT"1" Changes to Standard Community Facilities Agreement City Project No. 103610 Negotiated changes are contained in the body of the Agreement. City of Fort Worth,Texas Page 20 of 21 Standard Community Facilities Agreement with City Participation Rev.4/2/20 ATTACHMENT"4" BASINS MAP COLI/MSUS SB12(SIDW 2Ct s'?ti a RICHARDSON FOUNDATION) "AFK F r^ 5B74 ¢° sB13 FR.yq �, DOVE CHASE �t'a. g y iROC�p,FlE � 6P9 STOLTE �� ygppLE P 5 J f iyf�,TRAIL G'Dl0[ e0 PACK vzi '5811{JDL 7ee xA �v tti�t6 xiEL MARKER 7r4 o :� Property]`'OP7 rransr IT OP8 S65 pp1N7 o C bhF. MAN c SB10 Walsh (Em.me 4`r6 a m _N SBt5 / l on Septic] N ,� Ranch LP] DPfi C�4REFKP , SB8(Walsh � Ranch LP) SB2(CTR - €- SB4 Section 3) fn Legend ' on epti Seg pflcl S 1(Cadence Prope DP5 P7 Multifamily LA Station 561fi Dev�cT elppmpntl SBS IWafsh _ SBB{Walsh Ranch LPG Lltt Station Ranch LP] �-- Proposed Sewer Main • �Pa -•DPz DP4 ,I —Farce Main typ S63(Rock SB7 - Creek) Gravity Main Future PAC Area QExempt Future PAC aPotential Area To Be Included CTR Ultimate Boundary �* � - Cf'fis ne��ra3: Off iste Sewer Main - CTR FOR_ r�aa 1 City of Fort Worth,Texas Page 21 of 21 Standard Community Facilities Agreement with City Participation Rev.4/2/20 - VISTA H19GE ADD IT 1014 - CIUalL aI0 C,F EHI ERCU rs ESTATES W E Ln Longllcrn Park A .YINGSWQQD PLACE dK S 4 CAN 0i6 91"C NF E S"1 N SCALE. 1" = 5000' N Q N MEADOWS OF - CAWbI£RIDGE N 'MI LLAGlS OF [ulvniMUE irJ 3UNSE7 T PU IN'rE EIUlEN HEIGIcTS O 7 ST OEiE MEAE79SN L 3 Rd Saont Era�,� r - village E O PR E Mp wor[h C—ip - A High Schaal Z s � wac'+y Creek Fa,k U W fort Alollh U PROJECTPA N]HER L LOCATION (D (n N U) 0 C O CHISHOLM TRAIL RANCH, 0 0 OFFSITE SANITARY SEWER MAIN Q LOCATED IN L� U c / CITY OF FORT WORTH, TEXAS U a CPN a 103610 COUNCIL DISTRICT # 6 s Ire G��O1[ WIN Mentage MARSHALL Homa0 CIVIL ENGINEERS-PLANNERS-SIIRVEYORS 21115 M,iscirig flriv�.,la"'I'llir..'I'nz:is]C.O51 Q 8840 CYPRUS WATERS 5019 SUITE 100 � p Yg 2022 OALLAS,TX 75019 1\\V/IIII /^\\ / 1972)-580-6300 W 00 CN N N W I I N z�w � o 3 � � �^ L H G4; � 3 o u�uu z w ED 3 Of EM Of N U z Q) °) w � J 3$ Q) z 3 z 0 O o$ CC7�).7i,,. aeon.nne.veo o,o � O � � U zIL �N � J S w o o L oa j aaadv 3 Z vy C W Z J O W r� W ® W OC N W w �aO'H r N Yo co F ad L � o OV3 N ® oe X 0 0 1 W N O yZj 0 CJ W �] opt ® ' cn ONtl � N t � z ptio a �F PMC w w C. w U SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM Chisholm Trail Ranch Sanitary Sewer,City Project#103610 UNIT PRICE BID Project Item Information Bidder's Proposal Bidlist Specification I Unit of I Bid Item Description Section No. I Measure I Quantity Unit Price Bid Value CTR Offsite Sewer Line Facilities Base Bid 1 0135.0101 Railroad Coordination 01 3513 LS 1 $9,000.00 $9,000.00 2 0135,0201 Roalroad Flagmen 01 35 13 WD 45 $2,000.00 $90,000:00 3 3125.0101 SWPPP>1 Acre 31 2500 LS 1 $35,000.00 $35,000.00 4 3110.0101 Site Clearing 31 1000 Ac 20.9 $1,000.00 $20,900.00 5 3292,0200 Seeding,Broadcast(Bermuda Grass) 32 92 13 Sy 112,609 $0.50 $56,304.50 6 13301.0002 Post-CCTV Inspection 3301 31 LF 18,643 $1.00 $18,643.00 7 3301,0101 Manhole Vacuum Testing 3301 30 EA 44 $200.00 $8,800.00 8 3305.0109 Trench Safety 3305 10 LF 18,643 $0.50 $9,321.50 9 3305.0110 Utility Markers 33 05 26 EA 37 $120.00 $4,440.00 10 3305.0112 Concrete Collar 33 05 17 EA 21 $1,400.00 $29,400.00 11 3305.0113 Trench Water Stops 3305 15 EA 9 $700.00 $6,300.00 12 3305.1107 42"Casing By Other Than Open Cut 33 05 22 LF 494 $1,700.00 $839,800.00 13 3305.1108 48"Casing By Other Than Open Cut 33 05 22 LF 485 $2,100:00 $1,018,500.00 3311 10, 14 3331.4115 8" SDR-26 PVC Sewer Pipe 3331 12, LF 80 $85.00 $6,800,00 33 3120 3311 10, 15 3331.4116 8"Sewer Pipe,Deep Trench Backfill(CSS) 3331 12, LF 96 $240.00 $23,040.00 3331 20 3311 10, 16 3331 A208 12"SDR-26 PVC Sewer Pipe 3331 12, LF 500 $100.00 $50,000.00 33 3120 33 11 10, 17 3331.4209 12"SDR-26 PVC Sewer Pipe,Deep Trench Backfill(CSS) 3331 12, LF 3,006 $220.00 $661,320.00 3331 20 18 3331.4212 12"DIP Sewer 3311 10 LF 108 $165.001 $17,820.00 19 3331.4213 12"DIP Sewer,Deep Trench Backfill(CSS) 3311 10 LF 196 $175.00 $34,300.00 3311 10, 20 3331.4215 15" SDR-26 PVC Sewer Pipe 3331 12, LF 2,675 $145,00 $387,875,00 3331 20 21 3331.4321 24"DIP Sewer(Class 200) 3311 10 LF 582 $275.00 $160,050.00 22 3331.4322 24"DIP Sewer,Deep Trench Backfill(CSS)(Class 200) 3411 10 LF 187 $520.00 $97,240.00 23 3331.4405 30"DIP Sewer(Class 150) 3511 10 LF 992 $370.001 $367,040.00 24 3331.4406 30"DIP Sewer,Deep Trench Backfill(CSS)(Class 150) 3611 10 LF 138 $600.001 $82,800.00 25 3339.0001 Epoxy Manhole Liner 33 39 60 EA 44 $6,500.00 $286,000.00 26 3339.1001 4'Manhole 33 39 10, EA 23 $14;500,00 $333,500,00 33 39 20 27 3339.1101 5'Manhole 33 39 10, EA 18 $18,000.00 $324,000.00 33 39 20 28 3339.1102 5'Drop Manhole 33 39 10, EA 3 $27,000,00 $81,000.00 33 39 20 29 13471.0001 Traffic Control 3471 13 MO 4 $5,500,00 $22,000.00 30 9999.0001 Odor Control-Wager2050 or Equal w/Ball Valve 00 00 00 EA 13 $11,000.00 $143,000.00 31 9999.0002 Water-Tight Hinged MH Cover 00 00 00 EA 10 $1,500.00 $15,000.00 32 9999.0003 Boot Per Detail for Future 8"S.S.Line&Cap&Plug 00 00 00 EA 7 $1,000.00 $7,000.00 33 9999.0004 Sawcut,Remove&Replace Existing Pavement 00 00 00 Sy 128 $150.00 $19,200.00 34 9999,0005 Remove and Replace Ex.Barbed-Wire Fence 00 00 00 LF 2,181 $12.00 $26,172.00 35 9999.000624"Casing By Other Than Open Cut 00 00 00 LF 55 $950.001 $52,250.00 36 19999,0007 Connect to Ex.Manhole 00 00 00 EA 1 1 $25,000.001 $25,000.00 Total Sewer Improvements Base Bid 1 $5,368,816.00 CITY OF FORT WORTH Chl,hohn Trod Ranch 011'A.Sanitary Scher 51 ANDARD CONSTRUCTION BIT)PROPOSAL-DEVU.0MR AWARDED PROTECTS City Prof zct#103759 F,m,Ru}iead In-20,2020 00 42 43 B,d I'r 1m 1 Project Item Information Bidders Proposal Bidlist Description Specification I Unit of Bid Unit Price Bid Value Item I Section No. I Measure Quantity Alternate Items CTR Offsite Sewer Bid 37A 3331.4225 18"Solid Wall PVC Per ASTM F679 3331 20 LF 1,085 $0.00 $0.00 37B 3331.4232 18"Fiberglass Sewer Pipe 3331 13 LF 1,085 $175.00 $189,875.00 38A 3331.4226 18"Solid Wail PVC Per ASTM F679,Deep Trench Backfill(CSS) 3331 20 LF 672 $0.00 $0.00 38B 3331.4233 18"Fiberglass Sewer Pipe,Deep Trench Backfill(CSS) 3331 13 LF 672 $225.00 $151.200.00 39A 3331.430E 21"Solid Wall PVC Per ASTM F679 3331 20 LF 396 $0.00 $0.00 39B 3331.4311 21"Fiberglass Sewer Pipe 3331 13 LF 396 $190.00 $75,240.00 40A 3331.4309 21"Solid Wail PVC Per ASTM F679,Deep Trench Backfill(CSS) 3331 20 LF 2,249 $0.001 $0.00 40B 3331.4312 21"Fiberglass Sewer Pipe,Deep Trench Backfill(CSS) 3331 13 LF 2,249 $360.00 $809,640.00 41A 3331.4318 24"Solid Wall PVC Per ASTM F679,Deep Trench Backfill(CSS) 3331 20 LF 431 $0.00 $0.00 41 B 3331.4325 24"Fiberglass Sewer Pipe,Deep Trench Backfill(CSS) 3331 13 LF 431 $340.00 $146.540.00 42A 3331.4330 27"Solid Wall PVC Per ASTM F679 3331 20 LF 2,237 $0,00 $0.00 42B 3331.4333 27"Fiberglass Sewer Pipe 3331 13 LF 2,237 $207.00 $463,059.00 43A 13331.4331 27"Solid Wall PVC Per ASTM F679,Deep Trench Backfill(CSS) 3331 20 LF 3,013 $0.00 $0.00 436 13331.4334 27"Fiberglass Sewer Pipe,Deep Trench Backfill(CSS) 3331 13 LF 1 3,013 1 $300.001 $903,900.00 Total Alternate Items Bid $2,739,454.00 Bid Summary Total Sewer Improvements Base Bid $5,368,816.00 Total Alternate Items Bid $2,739,454.00 Total Construction Bid $8,108,270.00 Contractor shall bid the least expensive pipe material in the Chisholm Trail Ranch Offsite Sewer section of the bid proposal as well as the corresponding items of that selected material.For example,only(37A43A)or(37B-43B)shall be chosen for bidding. This bid is submitted by the entity listed below: Company:Mountain Cascade of Texas,LLC By:Andrew L.McCulloch Street Address:5340 East US Highway 67 City,State,Zip Code: Alvarado,TX 76009 Phone:817-783-3094 Signature Title: Vice President Date: 3/31/2022 Contractor agrees to complete WORK for FINAL ACCEPTANCE within 132 working days after the date when the CONTRACT commences to nm as provided in the General Conditions. END OF SECTION CITY OF FORT WORTH Ctusholta Tmd Reach Otrsne SnNua)Sewer STANDARD CONSTRUCTION BID PROPOSAL:DEVELOPER AWARDED PROJECTS Ca,Project#103758 Form Revised January 29.2020 00 42 43 Bid Proposal City of Fort Worth, Texas Mayor and Council Communication DATE: 05/10/22 M&C FILE NUMBER: M&C 22-0355 LOG NAME: 60CHISHOLM TRAIL RANCH OFFSITE SEWER CFA SUBJECT (CD 6)Authorize Execution of a Community Facilities Agreement with Meritage Homes of Texas, LLC,with City Participation in an Amount Not to Exceed$6,345,616.37 for Oversizing and Land Acquisition for the Extension of Chisholm Trail Ranch Offsite Sewer Main Located in South West Fort Worth and Anticipated Future Growth in South Fort Worth, and Adopt Attached Appropriation Ordinance to Effect a Portion of Water's Contribution to the Fiscal Years 2022-2026 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of a community facilities agreement with Meritage Homes of Texas, LLC,with City participation in an amount not to exceed$6,345,616.37 for oversizing and land acquisition for the Chisholm Trail Ranch offsite sewer main located in south west Fort Worth and anticipated future growth in south Fort Worth;and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water and Sewer Capital Projects Fund, in the amount of$7,578,074.00,from available funds, in the Community Facilities Agreement Bucket programmable project(City Project No.P00001),for the purpose of funding the Community Facilities Agreement —Chisholm Trail Ranch Offsite Sewer Project(City Project No.103610)and to effect a portion of Water's contribution to the Fiscal Years 2022-2026 Capital Improvement Program. DISCUSSION: Meritage Homes of Texas, LLC(Developer)is constructing Chisholm Trail Ranch offsite sanitary sewer.The project will serve Chisholm Trail Ranch development located west of South Freeway and north of McPherson Boulevard.The City is participating in the project to oversize 18,000 linear feet of sewer main to provide additional capacity for future growth within the basin.The construction cost for the project is estimated to be allocated at 24%for Meritage Homes of Texas, LLC and 76%for the City.The Chisholm Trail Ranch offsite sewer project is assigned (City Project No. 103610)and Accela System Record IPRC21-0132. Meritage Homes of Texas, LLC, Inc has publicly bid the project.The City's cost participation in the land acquisition and oversizing of the sewer main is estimated to be in an amount not to exceed$6,345,616.37 as shown in the table below. Payments to the Developer are estimated to be $6,162,285.20 for construction costs, $4,230.04 public bid advertisement, $851.40 for IPRC plan review fees, $35,720.00 for easement cost, $13,736.25 for construction inspection fees, $5,547.78 for admin material testing fees and$123,245.70 for material testing cost.The remaining City participation for contingency in the estimated amount of$1,232,457.04 will cover the City's portion of any change orders. A. Public Improvements Developer City Cost Total Cost Cost 1. Sewer $1,945,984.80$6,162,285.20$8,108,270.00 Contingency 20% $0.00$1,232,457.04$1,232,457.04 B. Inspections&Testing 1.Construction Inspection Fee(33.3%) $27,513.75 $13,736.25 $41,250.00 2.Admin Material Testing Fee(33.3%) $11,112.22 $5,547.78 $16,660.00 3. Material Testing Cost (33.3%) $0.00 $123,245.70 $123,245.70 4.Water Lab Fee $0.00 $0.00 $0.00 C. Easements(76%) $11,280.00 $35,720.00 $47,000.00 D. IPRC Plan Review Fees (10%) $7,662.60 $851.40 $8,514.00 E. Public Bid Advertisement (76%) $1,335.80 $4,230.04 $5,565.84 Total Project Cost $2,004,889.17$7,578,073.41 $9,582,962.58 *Numbers will be rounded up for accounting purposes. 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. It is the practice of the Water Department to appropriate its CIP plan throughout the fiscal year, instead of within the annual budget ordinance, as projects commence, additional funding needs are identified,and to comply with bond covenants.The actions in the Mayor&Council Communication (M&C)will appropriate funds in support of the Water's portion of the City of Fort Worth's Fiscal Years 2022. Capital Fund Name Project Name FY2022 CIP Authority Budget Change Revised FY2022 (Increase/Decrease) Budget Appropriations Govt Community Facilities Agmt- P00001-CFA Bucket $1,100,000.00 $1,100,000.00 Fund 30111 CFA Developer-Fund 30114 P00001-CFA Bucket $6,000,000.00 $6,000,000.00 Water/Sewer Bond 2016-Fund P00001-CFA Bucket $0.00 M&C 21- $1,211,467.00 $1,211,467.00 56005 0917 M&C 21- $112,280.00 $112,280.00 0919 M&C 21- $55,061.00 $55,061.00 0918 M&C 22- $234,735.00 $234,735.00 0176 M&C 22- $180,752.00 $180,752.00 0177 M&C 22- $234,735.00 $234,735.00 0176 M&C 22- $180,752.00 $180,752.00 0177 Water&Sewer Bond 2017A-Fund P00001-CFA Bucket $0.00 M&C 22- $200,857.00 $200,857.00 56011 0175 This M&C $7,578,074.00 $7,578,074.00 Total P00001-CFW Bucket $7,100,000.00 $9,988,713.00 $17,088,713.00 Appropriations Funding for the Community Facility Agreement(CFA)—Chisholm Trail Ranch Offsite Sewer as depicted in the table below: Fund Existing Additional Project Total* Appropriations Appropriations Water& Sewer Bond $200,857.00 $0.00 $200,857.00 2017A- Fund 56011 Water& Sewer Capital $0.00$7,578,074.00$7,578,074.00 Projects- Fund 56002 Total Projectl $200,857.00$7,578,074.00$7,778,931.00 *Numbers rounded for presentation purposes. Funding is currently available in the Unspecified-All Funds project within the Water&Sewer Capital Projects fund for the purpose of funding the community facilities agreement—Chisholm Trail Ranch Offsite Sewer project. BUSINESS EQUITY—City Project No. 103521 is listed on the Cost Participation Water Department list of waived developer projects negotiated in Fiscal Years 2019-2020 and agreed upon between Development Services and DVIN This development is located in Council District 6. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are currently available in the Unspecified-All Funds project within the W&S Capital Projects Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance,funds will be available in the W&S Capital Projects 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 by. Dana Burghdoff 8018 Originating Business Unit Head: Chris Harder 5020 Additional Information Contact: Taylor Gunderman 8369 Expedited