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HomeMy WebLinkAboutContract 58231 Received Date: Oct 14, 2022 Received Time: 9:19 AM Developer and Project Information Cover Sheet: Developer Company Name: Lennar Homes of Texas Land and Construction, LTD. Address, State,Zip Code: 1707 Market Place Blvd, Suite 100 Irving,Texas 75063 Phone &Email: (469)587-5293 1 Jennifer.Eller&lennar.com Authorized Signatory,Title: Jennifer Eller,Authorized Agent Project Name: Landing at Creekside Phase 1 Brief Description: Water, Sewer,Paving, Storm Drain, Street Lights& Signs Project Location: Southwest of US Highway 287&W Bailey Boswell Rd, South of WJ Boaz Rd Plat Case Number: PP-020-028 Plat Name: Landing at Creekside Phase 1 Mapsco: 33S Council District: 7 CFA Number: 22-0104 City Project Number: 103525 1 IPRC21-0123 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth,Texas Page 1 of 18 Standard Community Facilities Agreement with City Participation Rev.4/2/20 City Secretary Number: 58231 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 Lennar Homes of Texas Land and Construction, LTD. ("Developer"), acting by and through its duly authorized representative. City and Developer are referred to herein individually as a"party"and collectively as the "parties." WHEREAS, Developer is constructing private improvements or subdividing land within the corporate limits of Fort Worth,Texas or its extraterritorial jurisdiction,for a project known as Landing at Creekside Phase 1 ("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 $223,394.65 to enlarge the scope of the Improvements beyond what Developer is responsible for constructing by oversizing a 12-inch water main to a 16-inch water main and oversizing an 8-inch water main to a 12-inch water main as authorized by City Council through approval of M&C 22-0649_on August 23,2022("City Participation"); and WHEREAS, the City Participation includes payments to Developer in an amount not to exceed $206,676.13 for construction costs and an amount not to exceed $4,133.52 for material testing. The remaining City Participation in the amount of$12,585.00 will not be paid to Developer,but will cover the City's portion of administrative material testing service fees,construction inspection service fees and water testing lab fees; and WHEREAS, the Developer and the City desire to enter into this Agreement in connection with the collective Improvements for the Project; City of Fort Worth,Texas Page 2 of 18 Standard Community Facilities Agreement with City Participation Rev.4/2/20 NOW,THEREFORE,for and in consideration of the covenants and conditions contained herein, the City and the Developer do hereby agree as follows: 1. CFA Ordinance The Community Facilities Agreements Ordinance("CFA Ordinance"),as amended,is incorporated into this Agreement by reference, as if it was fully set forth herein. Developer agrees to comply with all provisions of the CFA Ordinance in the performance of Developer's duties and obligations pursuant to this Agreement and to cause all contractors hired by Developer to comply with the CFA Ordinance in connection with the work performed by the contractors. If a conflict exist between the terms and conditions of this Agreement and the CFA Ordinance,the CFA Ordinance shall control. 2. Incorporation of Engineering Plans The engineering plans for the Improvements that have been approved by the City ("Engineering Plans")are incorporated into this Agreement by reference as if fully set out herein. Developer shall provide at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to construct the Improvements required by this Agreement. 3. Description of Improvements; Exhibits and Attachments The following exhibits describe the general location, nature and extent of the Improvements that are the subject of this Agreement and are attached hereto and incorporated herein by reference: ❑X Exhibit A: Water ❑X Exhibit A-1: Sewer ❑X Exhibit B: Paving ❑X Exhibit B-1: Storm Drain ❑X Exhibit C: Street Lights & Street 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 City of Fort Worth,Texas Page 3 of 18 Standard Community Facilities Agreement with City Participation Rev.4/2/20 Improvements, and consent of the surety on payment and performance bonds provided for the Improvements. 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 City of Fort Worth,Texas Page 4 of 18 Standard Community Facilities Agreement with City Participation Rev.4/2/20 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. (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 18 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. 11. Easements and Rights-of-Way Developer agrees to provide,at its expense,all necessary rights-of-way and easements required for the construction and dedication to the City of the Improvements provided for by this Agreement. 12. Liability and Indemnification (a) DEVELOPER HEREBY RELEASES AND AGREES TO INDEMNIFY, DEFEND AND HOLD THE CITY HARMLESS FOR ANY INADEQUACIES IN THE PRELIMINARY PLANS, SPECIFICATIONS, ENGINEERING PLANS, AND COST ESTIMATES SUPPLIED BY THE DEVELOPER FOR THIS AGREEMENT. (b) THE DEVELOPER COVENANTS AND AGREES TO,AND BY THESE PRESENTS DOES HEREBY FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS,AGENTS AND EMPLOYEES FROM ALL SUITS,ACTIONS OR CLAIMS OF ANY CHARACTER, WHETHER REAL OR ASSERTED,BROUGHT FOR OR 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 City of Fort Worth,Texas Page 6 of 18 Standard Community Facilities Agreement with City Participation Rev.4/2/20 ACCOUNT OF ANY INJURIES OR DAMAGES TO PERSONS OR PROPERTY, INCLUDING DEATH,RESULTING FROM, OR IN ANY WAY CONNECTED WITH, THE CONSTRUCTION OF THE IMPROVEMENTS CONTEMPLATED HEREIN, WHETHER OR NOT SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS, SERVANTS, OR EMPLOYEES. FURTHER, DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES SUFFERED BY THE CITY OR CAUSED AS A RESULT OF SAID CONTRACTORS' FAILURE TO COMPLETE THE WORK AND CONSTRUCT THE IMPROVEMENTS IN A GOOD AND WORKMANLIKE MANNER, FREE FROM DEFECTS,IN CONFORMANCE WITH THE CFA ORDINANCE, AND 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 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 the actual costs of the fees are less than the estimated payments made by the Developer,the City will refund the difference to the Developer. If the difference between the actual costs and the estimated payments made by the Developer is less than fifty dollars($50.00),the City will not issue a refund and the Developer will not be responsible for paying the difference. The financial guarantee will not be released by the City or returned to the Developer until reconciliation has been completed by the City and any fees owed to the City have been paid by the Developer. 15. 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. City of Fort Worth,Texas Page 7 of 18 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 Lennar Homes of Texas Land and City of Fort Worth Construction, LTD. 200 Texas Street 1707 Market Place Blvd, Suite 100 Fort Worth, Texas 76102 Irving, Texas 75063 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 18 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 18 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 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company with 10 or more full-time employees that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City for goods or services unless the contract contains a written verification from the company that it: (1)does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and"company"have the meanings ascribed to those terms by Chapter 2271 of the Texas Government Code. To the extent that Chapter 2271 of the Government Code is applicable to this Agreement,by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1)does not boycott Israel;and(2)will not boycott Israel during the term of this Agreement. 26. Prohibition on Boycotting Energy Companies 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 meaning 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 18 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 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 signature provides written verification to the City that Developer: (1) does not have a practice,policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and(2)will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 28. Compliance with Public Information Act Requests The requirements of Subchapter J, Chapter 552, Government Code, may apply to this Agreement and Developer agrees that the Agreement can be terminated if Developer knowingly or intentionally fails to comply with a requirement of that subchapter. Developer acknowledges that section 552.371 of the Texas Government Code applies to this Agreement if:(1)this Agreement has a stated expenditure of at least $1 million in public funds for the purchase of good or services by the City; or(2) this Agreement results in the expenditure of at least$1 million in public funds for the purchase of goods or services by the City in a fiscal year of the City. To the extent that section 552.371 of the Texas Government Code applies to this Agreement, Developer shall comply with section 552.372 of the Texas Government Code by: (1) preserving all contracting information relating to this Agreement as provided by the records retention requirements applicable to the City for the duration of the Agreement;(2)promptly providing the City any contracting information related to this Agreement that is in the custody or possession of Developer on request of the City; and(3) on completion of the Agreement, either(a)providing at no cost to the City all contracting information related to the Agreement that is in the custody or possession of Developer, or (b) preserving the contracting information relating to the Agreement as provided by the retention requirements application to the City. 29. Immigration and Nationality Act 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, City of Fort Worth,Texas Page 11 of 18 Standard Community Facilities Agreement with City Participation Rev.4/2/20 LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY DEVELOPER, DEVELOPER'S EMPLOYEES,SUBCONTRACTORS,AGENTS,OR LICENSEES. City,upon written notice to Developer, shall have the right to immediately terminate this Agreement for violations of this provision by Developer. 30. Amendment No amendment,modification, or alteration of the terms of this Agreement shall be binding unless the same is in writing,dated subsequent to the date hereof, and duly executed by the City and Developer. 31. Assignment and Successors Developer shall not assign or subcontract all or any part of its rights,privileges,or duties under this Agreement without the prior written consent of City. Any attempted assignment or subcontract without the City's prior written approval shall be void and constitute a breach of this Agreement. 32. No Third-Party Beneficiaries The provisions and conditions of this Agreement are solely for the benefit of the City and Developer, and any lawful assign or successor of Developer, and are not intended to create any rights, contractual or otherwise,to any other person or entity. 33. Compliance with Laws, Ordinances,Rules and Regulations Developer, its officers, agents, servants, employees, and contractors, shall abide by and comply with all laws, federal, state and local, including all ordinances,rules and regulations of City. It is agreed and understood that,if City calls to the attention of Developer any such violation on the part of Developer or any of its officers, agents, servants, employees, or subcontractors, then Developer shall immediately desist from and correct such violation. 34. Signature Authority The person signing this Agreement on behalf of Developer warrants that he or she has the legal authority to execute this Agreement on behalf of the Developer, and that such binding authority has been granted by proper order,resolution,ordinance or other authorization of the entity. The City is fully entitled to rely on this warranty and representation in entering into this Agreement. 35. Counterparts This Agreement may be executed in multiple counterparts, each of which will be deemed an original, but which together will constitute one instrument. City of Fort Worth,Texas Page 12 of 18 Standard Community Facilities Agreement with City Participation Rev.4/2/20 36. Entire Agreement This written instrument, together with any attachments, exhibits, and appendices, constitutes the entire understanding between the City and Developer concerning the work to be performed hereunder, and any prior or contemporaneous, oral or written agreement that purports to vary from the terms hereof shall be void. 37. City Participation; Fiscal Funding Limitation (a) The City shall reimburse Developer for construction costs in an amount not to exceed$206,676.13 and for material testing in an amount not to exceed$4,133.52. The remaining City Participation in the amount of $12,585.00 will not be paid to Developer, but will cover the City's portion of administrative material testing service fees, construction inspection service fees and water testing lab 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. Developer must register as a vendor of the City in order for the City Participation to be paid to Developer. The City Participation was calculated as follows: IPRC21-0123 CPI`193525 Landing Unit of Contractur CFw Unit Total Citc Cost at Creelcside pleasure Qt3 Derence Unit Price Price Participation 12"PVC Water Line LF 2375.00 $102.00 $71.34 $91.12-$71.34=$19.78 $46,971.50 16"PVC Water Line $142.00 $91.12 8"PVC Water Line LF $59.00 $46.54 $49 92240 12"PVC Water Line 2013 $102.00 $71.34 $71.34-$46.54=$24.80 12"DIP Water Line LF $132.00 $138.87 $4,430.52 16"DIP Water Line 124 $182.00 $167.73 $167.73-$132.00=$35.73 8"DIP Water Line LF $88.00 $78.52 12"DIP Water Line 26 $132.00 $138.87 $132.00-$78.52=$53AB $1,39D.48 24"Casin ❑pe n Cut LF $420.00 $101.15 $21,783.00 30"Casin 0 pe nCut 100 $480.00 $318.98 $318.98-$101.15=$217.83 12"Gate Valve EA 3.00 $3,000.w $2,390.16 $14,029.23-$2,390.16=$11,639.07 $34,917.21 16"Gate Valve $24,500.00 $14,029.23 8"Gate Valve EA $1,500.00 $1,414.16 12"Gate Valve 7.00 $3,000.00 $2,390.16 $2,390.16-$1,414.16=$975.50 $6,828.50 12"Ductile Iron Fittings w restraint 2.19 $8,500.00 $5,562.47 4.68 tons-2.19 tons=2A9 tons $13,850.55 16"Ductile Iron Fittings w restraint TONS 4.68 8"Ductile Iron Fittings w restraint 1.83 $8 500.00 $5,562.47 2-91 tons-1.83 tons=$1.08tons $6,007.47 12"Ductile Iron Fittings w restraint TUNS 2.91 CSS Backfill(lowering)convert to CY 8" 3.20 CY $100.00 $87.02 4.61 CY-3.20 CY=1.41 CY $122.70 CSS Backfill(lowering)convert to CY(12' 4 61 CSS Backfill(lowering)convert to CY(12') CY "1 $100.00 $87.02 36.71 CY-19.81 CY=16.90 CY $1,470.64 CSS Backfill(lowering)convert to CY(16") 36.71 6"Blow off Valve' EA LDO $12,5DO.00 $11,475.17 -100%City $11,475.17 2"Combination Air Release Valve' EA LDO $7 500.00 $7,583.56 *10056 C- $7,500.00 Lowest Unit Prices in"BOLD" City Participation Construction Cost $206,676.13 (b) In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable by any means whatsoever in any fiscal period for payments due under this Agreement, then the City will immediately notify Developer of such occurrence and this Agreement shall be terminated on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except to the portions of annual payments herein agreed upon for which funds shall have been appropriated. (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 City of Fort Worth,Texas Page 13 of 18 Standard Community Facilities Agreement with City Participation Rev.4/2/20 Developer's Contractor inspect the Improvements,and the City concurs that the Improvements are substantially complete.This Agreement does not provide for any retainage to be withheld from the City Participation. [REMAINDER OF PAGE INTENTIONALLY BLANK] City of Fort Worth,Texas Page 14 of 18 Standard Community Facilities Agreement with City Participation Rev.4/2/20 38. Cost Summary Sheet Pro]ect Name: CFA No. 22-0104 IPRC No. 21-0123 City Project No.: 103525 Items Developer's Cost City's Cost Total Cost A. Water and Sewer Construction 1. Water Construction $ 1,103,740.37 $ 206,676.13 $ 1,310,416.50 2. Sewer Construction $ 544,429.50 $ - $ 544,429.50 Water and Sewer Construction Total $ 1,648,169.87 $ 206,676.13 $ 1,854,846.00 B. TPW Construction 1. Street $ 1,437,826.50 $ - $ 1,437,826.50 2. Storm Drain $ 1,765,936.00 $ $ 1,765,936.00 3. Street Lights Installed by Developer $ 228,474.00 $ $ 228,474.00 4. Signals $ - $ $ - TPW Construction Cost Total $ 3,432,236.50 $ $ 3,432,236.50 Total Construction Cost(excluding the fees): $ 5,080,406.37 $ 206,676.13 $ 5,287,082.50 Estimated Construction Fees: C. Construction Inspection Service Fee $ 71,750.00 $ 9,500.00 $ 81,250.00 D. Administrative Material Testing Service Fee $ 14,455.00 $ 2,695.00 $ 17,150.00 E. Material Testing Cost $ 4,133.52 $ 4,133.52 F. Water Testing Lab Fee $ 900.00 $ 390.00 $ 1,290.00 Total Estimated Construction Fees: $ 87,105.00 $ 16,718.52 $ 103,823.52 TOTAL PROJECT COST $ 5,167,511.37 $ 5,390,906.02 Choice Financial Guarantee Options, choose one Amount (Mark one) Bond= 100% $ 5,287,082.50 X Completion Agreement=100%/Holds Plat $ 5,287,082.50 Cash Escrow Water/Sanitary Sewer= 125% $ 2,318,557.50 Cash Escrow Paving/Storm Drain= 125% $ 4,290,295.63 Letter of Credit= 125% $ 6,608,853.13 City of Fort Worth,Texas Page 15 of 18 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 Lennar Homes of Texas Land and Construction, b L5=L� LTD. Dana Burghdoff( t 11,20 20:01 CDT) Dana Burghdoff Assistant City Manager By Jennifer Eller(Oct 6,202214:43 CDT) Date: Oct 11, 2022 Name: Jennifer Eller Title: Authorized Agent Recommended by: Date: Oct 6, 2022 ofiw Dwayne Ho Ha rs(Oct 6,2022 14:51 CDT) Dwayne Hollars Contract Compliance Specialist Development Services Department Approved as to Form &Legality: 4r2l Richard A.McCracken(Oct 6,2022 14:58 CDT) Richard A.McCracken Sr.Assistant City Attorney Contract Compliance Manager: M&C No. 22-0649 Date: 8/23/22 By signing, I acknowledge that I am the person responsible for the monitoring and Form 1295: 2022-868177 administration of this contract,including ensuring all performance and reporting ATTEST: requirements. Matt Tilly (Oct 6,2022 14:52 CDT) J ette S.Goodall(Oct 12,2022 14: CDT) Jannette Goodall ao�40Rn��a Janie Scarlett Morales City Secretary pF°F°°°°rt,P Development Manager a� ° G d� ° ° 0 0 0 o o=� °° o° *cJ 0 °°00000° n *XAsa�p OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth,Texas Page 16 of 18 Standard Community Facilities Agreement with City Participation Rev.4/2/20 The following attachments are incorporated into this Agreement. To the extent a conflict exists between the main body of this Agreement and the following attachments, the language in the main body of this Agreement shall be controlling. Included Attachment ❑X Attachment 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 17 of 18 Standard Community Facilities Agreement with City Participation Rev.4/2/20 ATTACHMENT"1" Changes to Standard Community Facilities Agreement City Proj ect No. 103525 None City of Fort Worth,Texas Page 18 of 18 Standard Community Facilities Agreement with City Participation Rev.4/2/20 r-- w o � N Z Q M � wo W 0 E � W � z ~ off ~ v Z uoQ ZzLn -j0 V Q U z �, W > D z 7 OQ J 0 O z o m II O 00 U W l0 O i z L 0') LL z � O X 00 0_ Om W N H rc O L LI W z z �W O J rn o X 3 0 W 3 AV CU O w F.-- z a OU as emo lvoe cn 0 O QO J O J J m LO w I LLJ Zu a- 0Q �, 00 ocnu � o I wwD � w � � w o � � 0X -;4- ZQ - � — O N z LLJ z O � z Z 0 O W Z 5 > = O � Q cn � IZ bmp•sligigxa e}D l asegdq asegd\e}D S9b\PUPI OOb\Eg LO\puel-x}u\:s pOj O cl) Lq O Ob � LL CDCN CD Z � cy') � II LU ti LL Q N w N O LL J LU Lr) a_ _ _ W � � n r0'ra'dro Q £9bS6O60Z0#'0'0 � NOI1100V ZV09 Y"M L N001e 'L iol = z X V = z a WC o Z a1 o N z- -aVoa >133a0 um= £IM,e — — — — J ,� c0 g e Q� cA � LLbZ0l920#'0'0 � m O ONnOA 311n'3snOd5 ❑NV o m m m ONnO., OlVN103a W O 3�Ia0 11WWf1Sn lLSIW — — J o - S3a0V L[L'£L 0 O ZIM,ZL Q OVOa 3003 SONIONVI _ZIM,Z L � m 3 I f O w N N m j 0 w wow K a'm(3 d , O O N O U �¢_ > Q N o wC, III a o SIM z g 3NVI N3380 ONIa3ONV3W CO W EOM N N JZM0000 N F N LO LO W W W I II ¢OCox �L 133HS SIHl _ z 3NII HOiVh W U OoofO / U � W W J / z ¢LDIw U W z LL J ~ N / Q m / U Ld z z LU /// N z 1� o o z xF—U)00 Q W Ln w uj Or O�X m Q > CO 3 LLB Z LLJD LLJ LU � ~ LLJ Lj Q LLJ L U w w w � oJg n03 LLJz w z O co LO J J z J \_j � CDw a: w LUt O LLJ I� Q ~ QLLJ 0 0 CE 0 X MATCH LINE � aN ~ � LL THIS SHEET 0 z 0LLJ ¢ w z o o zzzo � z 0 X 0 � �' 0ro- o Er- a- w a O J C� � C/) a_ i bmp'sligigxa e}0 L asegd\L asegd\e}0 s9b\pUel OOb\EgL0\puel-x}u\:s O Cl) Ln — O 06 � L.L CDCN CD Z ti cy') LLU Iii I O LL J L U, C\j Q a � ULU Qo ma = c� = z � U = Q V - - -- _ - -- - _ � LU Q 0 o 1'o'1'a'd'o J .L £9b96060Z(3#'O'O NO.", ZV09 'r,m w, l N30-i9 'l 10- W = U) ca O O - - - IY o atloa �33ao um " O cn r - pI - 3cnU) I I Ll- -Z w O J LLrzolslzG#,o,o LU L. o m m n — " ONf10O 3nnnw, IVNIO38 0NV J � ONOOA OltlN103a W =' S3aOV LUTI Z MA Rl LIWWf1S USIW 3 3NIl „9 m m CD m - J Z X � m Z 0 " = " — LLJ LO m o n a a — — 0 3NI3 „9 Otl0a 3003 SONIONtlI m ~ LLJ n r o N w LLJ LL_ z U o�^oti o e 1 W w a O Q CO mLLo o w o J - < I O _J 1 z I' o 0 0 � � � � z o a a Y ry ., H fn J Cn O p U w c�i w m r r LLJ LLJ D L() 0o a -.Q� > W U LLJ (0 Q�NZ za x5- Z~ I (n O X zYN~ 5 ¢o tl3Nll ,9 UT¢dt%) ZO N ~ —w=X 3NV"I N33a0 ONIa30NV3W LLJ Q U (� W 0 W y C W Z w Z � Z U Z I� Z O g U Z Lu O' O N w � LLj > _ w Z a z OJQ � (n � z iz YQ W z� �L — Z _ Sg /� EXISTING 15 SS m / w cC LU LU Qn w w Q z 0 I p ai LL LU <= n O �G z a O Z n O_ L ~ � w 6nnp"sligigxa e}D l asegdq asegd\e}D S9b\PUPI OOb\Eg LO\puel-x}u\:s cO O ( ) O OLO CDCN 6)rn Z II W ti LL N N 0 L L J W w L V - - - - - - - v� of T- L!l £8456060Z0#'0'0 L N01 0 ZV09 'f'M M L >1 N0019 'l 101 L.LJ Q 0 IT � X _ _ wo N Otl0?J N33?J0 AZtlI— — — — — . ,-- — — — Q = O c, w Q w O LL4Z0l91Z0#'0'D = cu I o N it ON00,1 3nnr '3S00dS ONV ON001.OWN103d 3NNO lIWWf1S ALSIW- — — SM10V LLC£l c CD cn CD 0 U o z N CIMJ 3003 S`JNIONV1- - - a N g QKM '° G N Q^ ry W > CO �N O n Q Q J CD-0 ��w > g X F m N mU a x W J oc� Sa Q 1 i W Ln 0 LL] u g ILoog � 00 3NVl N3380 ONI830NV3W 0� U O O > � � LJ o � Y co p = C � X �L Li<U � w z z w z z � zooL > o LLJ � z 133HS SIH I z oQ � cn � 0- 3NII HC1bW z W ~ r ~ > Q > Q > > > > J > w > w m > uJ H /.r Q m � LU m m Q Q Q CC C2 l.J LU MATCH LINE 0 w 0 Boa Boa o � � � o � � o ow o " tea m00a � � w U') � � Qa a: THIS SHEET }� }� o }� z 0O 0O 00 LL cn Q w cn Q w cn a 0 w cn w cn w cn cn "' 0 Oo � Oo � 0002 Ow Ow 00 Ow cn O a z O a z O a = > 0 0 0 0 O = O ~ cc00 0200 02011 cc � cc � cc � ccm bmp'sligigxa e}D l asegdq asegd\e}D S9b\pUel OOb\Eg L0\puel-x}u\:s pOj O cl) Lq CD � LO LL O N rn Z m � ) zo 0,) r- LL —LLJ /' ca X J \ � LL Q j:,�f L.I.. 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Pipe 3311 10 LF 107 $88 i00. $9,416,00 _._..� 3311 0251 8"DIP Water Pl_. . . _ _..__ ... _ 8� 3311.0254 8"DIP Water Pipe,CLSM Backfill 3311 10 _ LF� _ 261 $108.00 �$28 188.00 9 3311.0461 12"PVC Water Pipe 3311 12, _-LF _1795 $102 00 _ $183 090 00 _ _51 ._. .K _. Pipe . _ , .. _.. _._ .._.., _. $132 00 _ __$29,700.00 _10 3311.0451 12"DIP Water Pie 33 11 10 LF 225 _ _.33 .., p331112 -_ 0 $122.00. _ $2 440 00 11 3311.0462 12"PVC Water Pipe,CSS Backfill LF 20 12 _ 3311.0467 12"PVC Water Pipe,CLSM Backfill 33 11 12 _LF 142 $117.00 __$16,614.00 13 3311.0561 16"PVC C905 Water Pipe _ 4 3311 12 _LF 2545 $142.00 _$361,390.00 14 3311.0551 16"DIP Water m 33 11 10 M LF 127 $182.00 __ $23 114.00 15 3311.0542 16"PVC C905 Water Pipe,CSS Backfill V 33 11 12 LF 86 $172 00 _$14,792.00 16 3312.0001 Fire Hydrant(Assembly) _ _ _ 33 12 40 Y v EA_ 8 $5,000.00 _$40,000.00 17 3312.0106 Connection to Existing 16"Water Main _ 33 12 25 EA _ 1 _$4,500.00 $4,500.00 ng 4"-12"Water Main 33 12 25 EA 1 _ $2,500.00 $2,500,00 18 3312.0117 Connection to Existing . ._ ._ _ _. 19 3312.1002 2"Combination Air Valve Assembly for 33 12 30 EA 1 $7,500.00 _$7,5010.00 20 3312.2003 1"Water Service 33 12 10 EA i_100 $1,150.00,� $115,000.00 21 3312.3003 8"Gate Valve 33 12 20 EA ` 12 _$1,500.00 _$18,000.00 22 3312.3005 12"Gate Valve _ 33 12 20 EA _ _ _1.0 _$3 000.00 $301000.00 23 3312.3006 16"Gate Valve w/Vault 33 12 20 EA 4 $24,500.00 $98,000.00, 24 3312.6002 6"Blow Off Valve _ 33 12 60 EA _ 1 $12,500.00 $12,500.00 25_ 9999:0001 Flush Point 00 00 00 i EA 6 _-__,$1,200.00 $7,200.00 26 9999.0002 1"Irrigation Service_ _ 00 00 00� _EA_ 2 _$1,200.00.--$2,400.00 27 9999.0003 Water Testing(Excluding Geotech) 00 00 00_ LF �7035 $1.00 $7 035.00 28 9999.0004 Traffic Control 00 00 60_ _LS W1 _.___,$5,500.00 $.5,500.00 29 30 -30 �32� 33 34 35� _ _36 37 38 39 40 _41 42 43 _ 44� 45 TOTAL UNIT I:WATER IMPROVEMENTS $1 310 416.50 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS DEVELOPER AWARDED PROJECTS Form Revised 20130830 00 42 43_DAY_Bid Proposal Workbook-Landing at Creekside Phi with Conatser Pricing(002).x1s 00 42 43 Util&Pav B1D PROPOSAL Page 2 of 5 SECTION 00 42 43 PROPOSALFORM LANDING AT CREEKSIDE PHASE 1 UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specifcation Unit of Bid Description Unit Price Bid Value No, Section No. Measure Quantity UNIT II:SANITARY SEWER IMPROVEMENT 1 3301.0002 Post-CCTV Inspection 33 0131 LF 42.37 $3.00- $12 711.00 2 3301 0101 Manhole Vacuum Testi ng 3301 30� EA 18 $150.00 $2 700.00 — � _ _3_ 3305 0109 Trench Safety _ T 33 05 10 _LF —4237 $2,00 i,i$8 474.00 4— 3305 0113 Trench Water Stops _—� 33 05 15 _EA_ 11 $25Q00„__ n$2 750.00 5 3331 3101 4"Sewer Service _ 3331 50_ —EA 102 $850 00 $86,700.00 —6_ 3331.4115 8 Sewer Pipe(SDR-26,ASTM D3034) 3311 10,— LF A 3853 _$68.00 —$262,004.00 3331.4116 8"Sewer Pipe,CSS Backfill(SDR-26,ASTM 3311 10, D3034) 3331 12, 7 3331 20, LF 33 05 10 (MOD).. ____.384 __—__$92.00 $35,328.00 8 3339.0001 Epoxy Manhole Liner _ _ 33 39 60— —VF 39—____-$425.00 _$16,575.00 9 3339 1001 4 Manhole _ _ _ — _ _ 333910,— y EA. 13 $5,000.00 $65,000.00 10 3339.1002 4'Drop Manhole— _— 33 39 10,_ EA 1 $6,000.00 �11— 3339 1003 4'Extra Depth Manhole _ 33 39 10,� VF _62.5 $235.00 i$14,687.50 12 9999.0005 4'Manhole w/Bolt Down Lid&Water Tight 33 39 10, Gasket_ 33 39.20�, . EA ,„ 1 — $7,500.00 — _$ ,500.00 13 9999.0006 4 Manhole w/Hydraulic Slide _ _v 33 39 10,— EA 3 $6,500.00 ^__$19,500.00 4 9999 0007 Connection to Existing Manhole 33 39 10,— EA 1 $4,500 00 $4,500.00 15 16 —16— — �18- 1s_ —_20 2 — 21 — —23� 24— 25 26 —.26— — — �28 29_ 30 �31� 32._— - - __2 - 33 �34� �35� 36 — 37 38 _ 39 40 TOTAL UNIT II:SANITARY SEWER IMPROVEMENTS $544,429.50 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS DEVELOPER AWARDED PROJECTS Form Revised 20130830 00 42 43_DAP_Bid Proposal Workbook-Landing at Creekside Phl with Conatser Pricing(002).xls 00 42 43 Util&Pav BID PROPOSAL Page 3 of 5 SECTION 00 42 43 PROPOSALFORM LANDING AT CREEKSIDE PHASE 1 UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification Unit of Bid Unit Price Bid Value No. Description Section No. Measure Quantity UNIT III: DRAINAGE IMPROVEMENTS 1 3305.0109 Trench Safety 33105 10— —LF 5088 .$2.00 —$10,1,76,00 2 3305.0112 Concrete Collar 33 05 17y _EA_ 3 $750 00 $2,250.00 �3 3341.0201 21"RCP,Class III _ 3341 10 LF �1009 �$70.0.0 ,_ $70,630.00 0205 24 4 3341. , 3341 _ — _ 1448- RCP Class 111 10 LF $80.00 _ 5� 3341.0302 30"RCP, Class III _ _ _ 3341 10 ^LF 219 _ .$95.00 _ $$115.840.00 20,805.00. 6 3341 0309 36"RCP,Class I11 _ _W 33 41 10— T LF— _540 _ $13'0.00 $70,200.00 �7_ 3341.0409 48"RCP,Class111 _ 3341 10 _ LF — 647 __ $190.00 __$122,930.00 8 _ 3341.0502 54"RCP,Class III _—�_ _ _— 33 41.10_ LF 283 $240 00 _ __$67,920.00 9 3341.660260"RCP,Class 111 — 3341 10� �LF —537 ___$280.00 _$150,360.00 10 3341 2002 1Ox5 Box Culvert _ 33 41 10— i LF — 405 -___-$950.00 $384,750.00 11 3349 0001 4'Storm Junction Box- —_ 33 49 10— EA_ 8 $6,500 00 $52,000.00 12 3349.0003 6'Storm Junction Box 33 49 10 EA_ 6 _ _$8,500 00 _ $51,000,00 �13_ 33495001 10'Curb Inlet _ _ �— 334920, �EA� 22 �$4,000.00 —$88,000.00 . __—. .. _ 00 _$.31,200 14 3349 6001 10' Recessed Inlet 33 4920 EA 6 $5,200 16 9999.0008 12"Rock Riprap 00 00 00 SY� _2835 $125=00 $354,375.00 17 9999.0009 5-10'x5' PW-S Wingwall _ 00 00 00 EA 2 $80,500.00 _$161,000 00 } 0 EA 1 $7,500.00 $7,500.00 —18 9999.0010 60"4:1 Sloped End Headwall 00 00 0 _ _ _ _ —_ — _ p _19_ 9999.0011 3'x3'WY Inlet _— 00 00 00 EA 1 �$5,000.00__ _$5,000.00 20 _ ,21—. 22� — — — 23 _ —24 - _26� _ _..27.— - 28 29 T 30 i —31 - �32 —.33. .. _ ,_..__. 34 _35� 36' 37 38 39� — - - 40 41_ '-42 - - - �43.- 44 W_ 45 TOTAL UNIT III: DRAINAGE IMPROVEMENTS $1 765 936.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS DEVELOPER AWARDED PROJECTS Form Revised 20130830 00 42 43_DAP_Bid Proposal Workbook-Landing at Creekside Phi with Conatser Pricing(002).xls 00 42 43 Util&Pav BID PROPOSAL Page 4 of 5 SECTION 00 42 43 PROPOSALFORM LANDING AT CREEKSIDE PHASE 1 UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Description Specification Unit of Bid Unit Price Bid Value No. I Section No. Measure Quantity UNIT IV: PAVING IMPROVEMENT 0400 Hydrated Lime 3211 29 -TN_ 312 $215.00 _$67,080.00 2 3211.0501 6"Lime Treatment(30#/SY) 3211 29 SY 13786 -_ $3.50 $48,251,00 _ 3- 3211.0502 8"Lime Treatment(36#/SY)- 3211,29 _Sy- 5861 $4.00. .$23,444.00 4 3212.0302 2"Asphaly Pvmt Type D _ _ 321216. SY 155 _ $28.00 - $4,340.00 5 3212.0505 8"Asphalt Base Type B _ _ _ 32 12 16_ -§Y- 155 - $60.00 $9,300.00 6- 3213.0101 6"Conc Pvmt __ 32 13 13- - SY- -12903 _$52.50 -$677,407 50 7 3213.0105 10"Conc Pvmt 33 13 13 `SY 4118 $82.60 4339,735.00 - . --_ __. _ - - _ ._ 8 3213.0302 5"Conc Sidewalk -_ _- _ 32 13 20_ -SF �19078 $5 00 $95,390.00 9- 3213 0506 Barrier Free_ Ramp Type P-1 - _ - 32 13 20 _EA_ �16 _$1,,900.00 _ $30,400.00 10 3291 0100 Topsoil.- - 32 13 13 -Cy- 700 $26 00 _$,18,200A0 11 3292 0400 Seeding, Hydromulch _- 32 92 13 -SY� - 4200 - $3 00__ $12,600.00 12 3441.4003 Furnish/Install Alum Sign Ground Mount City 34 41 30 EA Std. _Name Blades - ....- �_.._-. .__.. 5 $850.00 $4,250.00 13 3441.4003 Furnish/Install Alum Sign Ground Mount City 34 41 30 EA - Std.-Speed Limit__ 2 $850.00 V$1,700,00 14 3441.4003 Furnish/Install Alum Sign Ground Mount City 34 41 30 EA Std.-Stop 4 $850.00 __$3,400.00 __.._. . _._._ .._-.. ._- . -. ----__-.._._ ___. ----._ ._ -_—. 15 9999.0012 7.5"Con_c Pvmt 32 13 13 SY- _ 922 $64.50 _$59,469.00 -16_ 9999.0013 Construct Pvmt Header&Barricade 00 00 00 EA __ 8 $1,500.00 $12,000.00 _ __- _ _ EA 2 $1,000.00- $2,090.00. 17Y 9999.0014 Barricade 00 00 00_ _ _ - . 18 9999.0015 Remove Barricade&Connect to Existing 00 00 00 EA 1 $1,000.00 $1,000.00 19 9999.0016 Pedestrian Handrail _ _ 00 00 00- LF 146 _ __$160.00 $23,360.00 20 9999.0017 Traffic Control 3471 13 LS 1 $4,500.00 $4,500.00 21 _ 22- _._23 24 25 26- - - -. -. 27 --28 _._.. . .. 29 30 31 -32�.. _ _ - _�33 34 35 3 - - - - - - - - 37 3 _.39. 40 —41- -42— TOTAL NIT IV: PAVING IMPROVEMENTS $1 437.826.50 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS DEVELOPER AWARDED PROJECTS Form Revised 20130830 00 42 43_DAP_Bid Proposal Workbook-Landing at Creekside Phi with Conatser Pricing(002).xis 00 42 43 Util&Pav BID PROPOSAL Page 5 of 5 SECTION 00 42 43 PROPOSALFORM LANDING AT CREEKSIDE PHASE 1 UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Description Specification Unit of Bid Unit Price Bid Value No. I Section No. Measure Quantity Bid Summary UNIT I:WATER IMPROVEMENTS $1,310,416.50 UNIT II:SANITARY SEWER IMPROVEMENTS $544,429.50 UNIT III: DRAINAGE IMPROVEMENTS $1,765,936.00 UNIT IV: PAVING IMPROVEMENTS $1,437,826.50 UNIT V:STREET LIGHT IMPROVEMENTS N/A UNIT VI:TRAFFIC SIGNAL IMPROVEMENTS N/A Total Construction Bid 1 $5,058,608.50 END OF SECTION This Bid is submitted by the entity named below: BIDDER: BY: Brock Hu—His CONATSER CONSTRUCTION TX,L.P. 5327 WICHITA STREET FT.WORTH,TX 76119 TITLE: President DATE: Contractor agrees to complete WORK for FINAL ACCEPTANCE within 220 working days after the date when the CONTRACT commences to run as provided in the General Conditions. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS DEVELOPER AWARDED PROJECTS Form Revised 20130830 00 42 43_DAP_Bid Proposal Workbook-Landing at Creekside Phl with Conatser Pricing(002).x1s 00 42 43 Street Lights BID PROPOSAL Pagel of 2 SECTION 00 42 43 PROPOSAL FORM LANDING AT CREEKSIDE PHASE 1 UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification Unit of Bid Description Unit Price Bid Value No, Section No. Measure Quantity UNIT V:STREET LIGHTING IMPROVEMENTS �1_ 2605.3015 2"COndt PVC SCH 80(T) — 26 05 33_ —LF _3464 16.00 _,$55,424.00 2 3441.1632 Install Type 33A Arm 34 41 20 —EA— 6 400.00_ $2,400.00 _3 3441 1633InstallType33BArm. 3441 20_ —EA— 24 500.00 —$12,000,00 4— 3441.3301 Rdwy Illum Foundation TY 1,2, and 4 _ 3441 20— W EA_ 24 — 1,200;00 �$28,800 00 5 — 3441.3302 Rdwy Illum Foundation TY 3 5 6 and 8 3441 20— —EA— 6. 1,500.00_ $9,,000.00 6 3441.3341 Rdwy Ilium TY 11 Pole — _—� _ 3441 20_ —EA— M 24 _Y_,3,000.00 __$72,000.00 7 3441.3342 Rdwy Illum TY 18 Pole __ 34 41 20— _EA— 6 _ 3,400.00 Y $20,400.00 8 9999 0016 Type R2 Luminaires v _—_ 00 00 00— —EA— 29 --$950.00 — $27,550.00 9 9999.0017 Type R4 Luminaire `— �— 00 00 00_ —EA— 1 $900 00 _ _ $900.00 10 _ 11 12� _.1.3 1 . ^ 15 _ — 16 _ _178 .1 — 1 �` � - _20-- -..2.1 - -22 —23- -24— —255 --2 — - - 2 — 7 r 28 ..—29— 30— _ --31- -32- -32v �34 —35 �36— �37— _ �38 —39_ _ —40 -4 42 43 _44_ 45 TOTAL UNIT V:STREET LIGHTING IMPROVEMENTS $228,474.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS DEVELOPER AWARDED PROJECTS Form Revised 20130830 00 42 43_DAP_Bid Proposal Workbook-Landing at Creekside Phi with Conatser Pricing(002).x1s 00 42 43 Street Lights BID PROPOSAL Page 2 of 2 SECTION 00 42 43 PROPOSALFORM LANDING AT CREEKSIDE PHASE 1 UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification Unit of Bid Description Unit Price Bid Value No. Section No. Measure Quantity Bid Summary UNIT I:WATER IMPROVEMENTS N/A UNIT II:SANITARY SEWER IMPROVEMENTS N/A UNIT III:SANITARY SEWER IMPROVEMENTS N/A UNIT IV:SANITARY SEWER IMPROVEMENTS N/A UNIT V:STREET LIGHTING IMPROVEMENTS $228,474.00 UNIT VI:TRAFFIC SIGNAL IMPROVEMENTS N/A Total Construction Bid $228,474.00 END OF SECTION This Bid is submitted by the entity named below: BIDDER: BY: Brock Huggins CONATSER CONSTRUCTION TX,L.P. 5327 WICHITA STREET FT.WORTH,TX 76119 TITLE: President DATE: Contractor agrees to complete WORK for FINAL ACCEPTANCE within 40 working days after the date when the CONTRACT commences to run as provided in the General Conditions. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS DEVELOPER AWARDED PROJECTS Form Revised 20130830 00 42 43_DAP_Bid Proposal Workbook-Landing at Creekside Ph I with Conatser Pricing(002).xls 9/29/22, 10:33 AM M&C Review Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA Foy Wow Create New From This M&C DATE: 8/23/2022 REFERENCE**M&C 22- LOG NAME: 60LANDING AT CREEKSIDE WATER NO.: 0649 LINE OVERSIZING CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 7) Authorize Execution of a Community Facilities Agreement with Lennar Homes of Texas Land and Construction, LTD., with City Participation in the Amount Not to Exceed $222,866.92 for Oversizing a 12-Inch Water Main to a 16-Inch Water Main and an 8-inch Water Main to a 12-inch Water Main for Anticipated Future Growth in North Fort Worth RECOMMENDATION: It is recommended that the City Council authorize the execution of a Community Facilities Agreement with Lennar Homes of Texas Land and Construction, LTD., with City participation in an amount not to exceed $222,866.92 for oversizing a 12-inch water main to a 16-inch water main and 8-inch water main to a 12-inch water main for anticipated future growth in north Fort Worth. DISCUSSION: Lennar Homes of Texas Land and Construction, LTD., (Developer) is constructing Landing at Creekside Phase 1(Development) west of Old Decatur Road and south of W J Boaz Road. The Water Department is seeking to participate in the project to oversize the offsite water line from a 12-inch water main to a 16-inch water main and the onsite water main from an 8-inch to 12-inch water main. The Landing at Creekside Phase 1 project is assigned City Project No. 103525 and Accela System Record I PRC21-0123. In accordance with Chapter 212, Subchapter C of the Texas Local Government Code, the City's participation in the contract is exempt from competitive bidding requirements because the contract is for oversizing public improvements being constructed by the Developer, the Developer will execute a performance bond to cover the total project cost, including all of the City's cost participation, and the City's cost participation will be determined in accordance with the City's community facilities agreement (CFA) unit price ordinance. The City's cost participation in the construction and oversizing of the water mains is estimated to be in an amount not to exceed $222,866.92 as shown in the table below. Payments to the Developer are estimated to be $206,158.75 for construction costs and $4,123.17 for material testing costs. The City's cost participation also includes $12,585.00 to cover the City's portion of construction inspection service fees, administrative material testing service fees, and water lab testing fees. An additional $41,231.75 in contingency funds will cover the City's portion of any change orders. A. Public Improvements Developer City Cost Total Cost Cost 1. Water $660,279.98 $206,158.75 $866,438.73 2. Sewer $430,039.14 $0.00 $430,039.14 Water Contingency 20\% $0.00 $41,231.75 $41,231.75 3. Drainage $1,484,383.38 $0.00 $1,484,383.38 4. Paving $1,092,721.71 $0.00 $1,092,721.71 5. Street Lighting $178,732.56 $0.00 $178,732.56 B. Inspections &Testing (220) apps.cfwnet.org/counciI_packet/mc_review.asp?ID=30202&counciIdate=8/23/2022 1/3 9/29/22, 10:33 AM M&C Review 1. Construction Inspection Fee $59,250.00 $9,500.00 $68,750.00 2. Admin Material Testing Fee $14,455.00 $2,695.00 $17,150.00 3. Material Testing Cost $0.00 $4,123.17 $4,123.17 4. Water Lab Fee $900.00 $390.00 $1,290.00 Total Project Cost $3,920,761.77 $264,098.67 $4,184,860.44 *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. Funding for the Community Facility Agreement (CFA) — Landing at Creekside Phase 1 as depicted in the table below: Fund Existing Additional Project Total* Appropriations Appropriations Water& Sewer $265,000.00 $0.00 $265,000.00 Bond 2017A— Fund 56011 Project Total $265,000.00 $0.00 $265,000.00 *Numbers rounded for presentation purposes. Funding is budgeted in the Water Department's Water& Sewer Bond 2017A Fund for the purpose of funding the CFA- Landing at Creekside Ph 1 project, as appropriated. BUSINESS EQUITY—A goal is not required under Business Equity Ordinance 25165-10-2021 when City spending participation on Community Facilities Agreements are less than $1,000,000 dollars. This development is located in Council District 7. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are currently available in the Water& Sewer Bond 2017A Fund CFA-Landing at Creekside Ph1 project and upon approval of the above recommendation funds will be available in the Water& Sewer Bond 2017A Fund CFA-Landing at Creekside 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 ProgramActivity Bud et Reference # Amount ID I ID I + Year(Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) Submitted for City Manager's Office by_ Dana Burghdoff(8018) Originating Department Head: Chris Harder (5020) a pps.cfwnet.o rg/council_packet/mc_review.asp?I D=30202&cou nci Idate=8/23/2022 2/3 9/29/22, 10:33 AM M&C Review Additional Information Contact: Taylor Gunderman (8369) ATTACHMENTS 60 CFA Creekside Water Lines FID Table WCF 7.27.22.xlsx (CFW Internal) 60LANDING AT CREEKSIDE WATER LINE OVERSIZING funds availabilitypdf (CFW Internal) LAC 1295 FORM.pdf (CFW Internal) OVERALL LANDING AT CREEKSIDE WATER.pdf (Public) a pps.cfwnet.o rg/council_packet/mc_review.asp?I D=30202&cou nci Idate=8/23/2022 3/3