HomeMy WebLinkAboutContract 54012 Received Date: 06/15/2020
Received Time: 10:41 AM
Developer and Project Information Cover Sheet:
Developer Company Name: D.R.Horton-Texas,Ltd.
Address, State,Zip Code: 6751 N.Freeway,Fort Worth,TX 76131
Phone&Email: 817230-0800,bmclark(a),drhorton.com
Authorized Signatory,Title: Benjamin Clark,Assistant Vice President
Project Name: Chapel Creek Phase 6
Brief Description: Water, Sewer,Paving, Storm Drain, Street Lights
Project Location: Along the 130 Hwy and Chapel Creek Boulevard
Plat Case Number: Plat Name:
Mapsco: Council District:
CFA Number: CFA19-0120 City Project Number: 102241
OFFICIAL RECO
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CSC No.54012
STANDARD COMMUNITY FACILITIES AGREEMENT
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 D.R. Horton — Texas, 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 Chapel Creek
Phase 6("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 is not participating in the cost of the Improvements or Project; and
WHEREAS, the Developer and the City desire to enter into this Agreement in connection with
the collective Improvements for the Project;
NOW,THEREFORE,for and in consideration of the covenants and conditions contained herein,
the City and the Developer do hereby agree as follows:
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 accepted by the City ("Engineering
Plans")are incorporated into this Agreement by reference as if fully set out herein— e
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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, and
Attachment 3 — Concurrent CFA Provisions, are attached hereto and incorporated herein for all
purposes.
4.
Construction of Improvements
Developer agrees to cause the construction of the Improvements contemplated by this Agreement
and that said construction shall be completed in a good and workmanlike manner and in accordance with
all City standards and specifications, the Engineering Plans, the Cost Estimates provided for the
Improvements,and this Agreement. Developer acknowledges that City will not accept the Improvements
until the City receives affidavits and lien releases signed by Developer's contractors verifying that the
contractors, and all subcontractors and material suppliers, have been paid in full for constructing the
Improvements, and consent of the surety on payment and performance bonds provided for the
Improvements.
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").
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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.
(b) The City may utilize the Developer's Financial Guarantee to cause the completion of the
construction of the Improvements or to cause the payment of costs for construction of the
Improvements before the expiration of the Term, and any Extension Period, if the Developer
breaches this Agreement,becomes insolvent, or fails to pay costs of construction.
(c) If the Financial Guarantee is a Completion Agreement and the Developer's contractors or suppliers
are not paid for construction costs or materials supplied for the Improvements the contractors and
suppliers may place a lien upon any property which the City does not have an ownership interest
that is the subject of the Completion Agreement.
(d) Nothing contained herein is intended to limit the Developer's obligations under the CFA
Ordinance, this Agreement, the Financial Guarantee, Developer's agreements with Developer's
contractors,or other related agreements.
8.
Termination
If Developer desires to terminate this Agreement before Developer's contractors begin
constructing the Improvements, Developer agrees to the following:
(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.
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(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 oblige, 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.
(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.
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.
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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 BYANYPERSONS,INCLUDINGDEATH,
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 ON ACCOUNT OF ANY ACT,INTENTIONAL
OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID DEVELOPER, ITS
CONTRACTORS, SUB-CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES,
WHETHER OR NOT SUCHINJURIES,DEATH OR DAMAGESARE CAUSED,IN WHOLE
OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS
OFFICERS,SERVANTS, OR EMPLOYEES.
(c) DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND AND
HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM
AND AGAINST ANY AND ALL CLAIMS, SUITS OR CAUSES OF ACTION OF ANY
NATURE WHATSOEVER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ON
ACCOUNT OF ANY INJURIES OR DAMAGES TO PERSONS OR PROPERTY,
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 ERPENSES 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.
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14.
Estimated Fees Paid by Developer; Reconciliation
Prior to execution of this Agreement, Developer has paid to the City the estimated cost of
administrative material testing service fees, construction inspection service fees,and water testing lab fees
in the amounts set forth in the Cost Summary section of this Agreement. Upon completion of the
construction of the Improvements, the City will reconcile the actual cost of administrative material testing
service fees, construction inspection service fees, and water testing lab fees with the estimated fees paid
by Developer. If the actual costs of the 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 obtainproof from the material testing laboratories that the material testing laboratories have been
paid in full by the Developer before the City will accept the Improvements.
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 D.R. Horton—Texas, Ltd
City of Fort Worth 6751 N. Freeway
200 Texas Street Fort Worth TX 76131
Fort Worth, Texas 76102
With copies to:
City Attorney's Office
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
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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,
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
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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.
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.
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25.
Prohibition on Boycotting Israel
Developer acknowledges that in accordance with Chapter 2270 of the Texas Government Code,
the City is prohibited from entering into a contract with a company with 10 or more full-time employees
that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City for
goods or services unless the contract contains a written verification from the company that it: (1) does not
boycott Israel; and(2)will not boycott Israel during the term of the contract. The term"boycott Israel"has
the meaning ascribed to it by Section 808.001 of the Texas Government Code. The term"company"has
the meaning ascribed to it by Section 2270.001 of the Texas Government Code. To the extent that Chapter
2270 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer
certifies that Developer's signature provides written verification to the City that Developer: (1) does not
boycott Israel; and(2)will not boycott Israel during the term of this Agreement.
26.
Immigration and Nationality Act
Developer shall verify the identity and employment eligibility of its employees who perform work
under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon
request by City, Developer shall provide City with copies of all I-9 forms and supporting eligibility
documentation for each employee who performs work under this Agreement. Developer shall adhere to all
Federal and State laws as well as establish appropriate procedures and controls so that no services will be
performed by any Developer employee who is not legally eligible to perform such services.DEVELOPER
SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,
LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY DEVELOPER,
DEVELOPER'SEMPLOYEES,SUBCONTRACTORS,AGENTS,OR LICENSEES. City,upon written
notice to Developer, shall have the right to immediately terminate this Agreement for violations of this
provision by Developer.
27.
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.
28.
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.
29.
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.
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30.
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.
31.
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.
32.
Counterparts
This Agreement may be executed in multiple counterparts, each of which will be deemed an
original,but which together will constitute one instrument.
33.
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.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
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34.
Cost Summary Sheet
Project Name: Chapel Creek Phase 6
CFA No.: CFA19-0120 City Project No.:102241
Items Developer's Cost
A. Water and Sewer Construction
1. Water Construction $ 325,385.00
2.Sewer Construction $ 301,451.50
Water and Sewer Construction Total $ 626,836.50
B. TPW Construction
1.Street $ 809,015.75
2.Storm Drain $ 204,170.00
3.Street Lights Installed by Developer $ 83,176.83
4. Signals $ -
TPW Construction Cost Total $ 1,096,362.58
Total Construction Cost(excluding the fees): $ 1,723,199.08
Estimated Construction Fees:
C. Construction Inspection Service Fee $55,125.00
D. Administrative Material Testing Service Fee $11,686.50
E. Water Testing Lab Fee $1,500.00
Total Estimated Construction Fees: $ 68,311.50
Choice
Financial Guarantee Options,choose one Amount Mark one
Bond=100% $ 1,723,199.08 x
Completion Agreement=100%/Holds Plat $ 1,723,199.08
Cash Escrow Water/Sanitary Sewer-125% $ 783,545.63
Cash Escrow Paving/Storm Drain=125% $ 1,370,453.23
Letter of Credit=125% $ 2,153,998.85
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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
D.R.Horton—Texas,Ltd.
Dana Burghdoff(Jun 12,200 13:50 CDT4Fl
Dana Burghdoff Benjamin Clark(Jun 12,202009:32 CDT)
Assistant City Manager Name: Benjamin Clark
Title: Assistant Vice President
Date: J u n 12,2020
Date: Jun 12,2020
Recommended by:
Evelyn ob.,.(Jun 12,202009:42 CDT)
Evelyn Roberts/Jennifer Ezernack
Project Assistant
Planning and Development
Approved as to Form &Legality:
_r<.
Richard A McCracken(Jun 12,202010:20 CDT) Contract Compliance Manager:
Richard A. McCracken
Sr. Assistant City Attorney By signing, I acknowledge that I am the person
+. responsible for the monitoring and
Date: .� �C. .......•.�.
administration of this contract,including
•.•,�� ensuring all performance and reporting
Form 1295: N/A �` ` requirements.
ATTEST: Laurie Lewis
•,� '•*.�.•.�'' / Laurie Lewis(Jun 12,202010:05 CDT)
Name: Laurie Lewis
Title: Interim Development Manager
Mary J.Kayser/Ronald Gonzales
City Secretary/Assistant City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT WORTHo TX
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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
® Location Map
® Exhibit A: Water Improvements
® Exhibit A-1: Sewer Improvements
® Exhibit B: Paving Improvements
® Exhibit B-1: Storm Drain Improvements
® Exhibit C: Street Lights and Signs Improvements
® Cost Estimates
(Remainder of Page Intentionally Left Blank)
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ATTACIEMENT"I"
Changes to Standard Community Facilities Agreement
City Project No. 102241
None
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ATTACHMENT "2"
Phased CFA Provision
City Project No.
The improvements being constructed by Developer pursuant to this Agreement will
connect to improvements Developer is constructing under a separate Community Facilities
Agreement that have not been completed and accepted by the City. Therefore, this Agreement
shall be considered a"Phased CFA"and the provisions contained in this section shall apply to this
Agreement.
The improvements being constructed by Developer under the separate Community
Facilities Agreement shall be defined as the "Parent Project." The improvements being
constructed by Developer under this Agreement shall be defined as the "Child Project."
Developer acknowledges and agrees that due to Developer's election to construct a Phased
CFA, the potential exists for technical, delivery, acceptance or performance problems (hereinafter
"Construction Problems"). Construction Problems may include, but are not limited to: failure of
the improvements to comply with the approved plans or City Specifications; failure of the
improvements in the Parent Project and the Child Project to properly connect to each other;
changes to the design or construction of the improvements in the Parent Project that impact the
design and construction of the improvements in the Child Project; construction delays, delay
claims, or claims for liquidated damages; increased costs for the Developer; failure of the
improvements to pass inspection or material testing; or rejection by the City of some or all of the
improvements and Developer having to remove and reconstruct the improvements at Developer's
expense. In addition, Developer understands and agrees that disputes may arise between
Developer's contractors or their subcontractors relating to responsibility for the Construction
Problems. Developer shall be solely responsible for resolving disputes between contractors or
disputes between contractors and subcontractors.
Developer further acknowledges and agrees that Developer has notified all of Developer's
contractors for the Project that Developer has elected to construct a Phased CFA, the provisions
of this section, the risks associated with a Phased CFA, and that the City shall not bear any
responsibility for Developer's decision to proceed with a Phased CFA.
Developer shall not make the final connection of the improvements in the Child Project to
the improvements in the Parent Project until the improvements in the Parent Project have been
constructed and accepted by the City and the City has consented to Developer making the
connection.
Developer agrees that if this Agreement is for improvements relating to the construction,
renovation or modification of one or more single family residential homes or structures, the City
will not record the plat related to the Project until the improvements are constructed and accepted
City of Fort Worth,Texas Page 16 of 18
Standard Community Facilities Agreement
Rev.10/5/19[NPC]
by the City. Developer agrees that if this Agreement is for improvements relating to the
construction, renovation or modification of one or more commercial buildings or structures, the
Developer shall not receive a Certificate of Occupancy from the City for the building(s)related to
the Project until the improvements in this Agreement are constructed and accepted by the City.
Developer further understands and agrees that completion of the improvements under this
Agreement does not entitle Developer to obtain a final plat of the property until all other
requirements of Federal law, State law, or the City Code relating to the filing and recording of a
final plat have been met by Developer.
BY CHOOSING TO CONSTRUCT A PHASED CFA, DEVELOPER ASSUMES
ALL RISKS AND DEVELOPER SHALL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY AND ALL
ECONOMICDAMA GES PROPERTYLOSS,PROPERTYDAMAGESANDPERSONAL
INJURY, (INCLUDING DEATH OFANYKIND OR CHARACTER, WHETHER REAL
OR ASSERTED. DEVELOPER HEREBYEXPRESSLYRELEASESAND DISCHARGES
CITY FROM ANY AND ALL LIABILITY FOR DAMAGES, INCLUDING, BUT NOT
LIMITED TOANYANDALL ECONOMICDAMAGES,PROPERTYLOSS,PROPERTY
DAMAGE AND PERSONAL INJURY(INCL UDING DEATI1)ARISING OUT OF OR IN
CONNECTION WITH,DIRECTLY OR INDIRECTLY, THE CONSTRUCTION OF THE
IMPROVEMENTS OR DEVELOPER'S DECISION TO CONSTRUCT A PHASED CFA.
DEVELOPER,AT ITS SOLE COSTAND EXPENSE,AGREES TO AND DOES HEREBY
INDEMNIFY, DEFEND PROTECT, AND HOLD HARMLESS CITY, AND CITY'S
OFFICERS, REPRESENTATIVES, AGENTS, EMPLOYEES, AND SERVANTS FOR,
FROMANDAGAINSTANYANDALL CLAIMS(WHETHER ATLA W OR INEQUITI9,
LIABILITIES, DAMAGES (INCLUDING ANY AND ALL ECONOMIC DAMAGES,
PROPERTYLOSS, PROPERTYDAIVIAGES AND PERSONAL INJURIES INCLUDING
DEATH LOSSES, LIENS, CAUSES OF ACTION, SUITS, JUDGMENTS AND
EXPENSES (INCLUDING, BUT NOT LIMITED TO, COURT COSTS, ATTORNEYS'
FEES AND COSTS OF INVESTIGATION), OF ANY NATURE, KIND OR
DESCRIPTION ARISING OR ALLEGED TO ARISE BY OR IN ANY WAYRELATED
TO CONSTRUCTION OF THE IMPROVEMENTS OR DEVELOPER'S CHOICE TO
CONSTRUCT A PHASED CFA, OR (2) BY REASON OF ANY OTHER CLAIM
WHATSOEVER OF ANY PERSON OR PARTY OCCASIONED OR ALLEGED TO BE
OCCASIONED IN WHOLE OR IN PART BY THE CONSTRUCTIONS OF THE
IMPROVEMENTS OR DEVELOPER'S CHOICE TO CONSTRUCT A PHASED CFA
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.
City of Fort Worth,Texas Page 17 of 18
Standard Community Facilities Agreement
Rev.10/5/19[NPC]
DEVELOPER:
D.R. HORTON—TEXAS,LTD
&wkW_ �1 claY`f
Benjamin Clark(Jun 12,202009:32 CDT)
Name: Benjamin Clark
Title: Assistant Vice President
City of Fort Worth,Texas Page 18 of 18
Standard Community Facilities Agreement
Rev.10/5/19[NPC]
004243
DAP-RN PROPOSAL
Pagc i d5
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BIDBidder's Application
�Frojeet Item Information Bidder's Fro
Bid
N Item eset D 'iptinn Umt of Bid unit Friee aid Value
No. Section No. Measure Quantity
UNIT is GMATER lu YEMENT
1 — 3306.0109 Trench Sdety LF _ 4601 $1ji -
W1 $4,601 00
2 3311.0001 Ductile iron Water Fittings wt Restraint 3311 11 TON 0.4 $5,000 $2,000.00-- __ _ _W,�... _ ..01A2f1 8"PVC WarPipeW 3311 12 LF 46014340ta
__,W._4 3312.0001 Fire Hydrant 331240 EA 74®-12°Water Main 331225 2 $1,000 $2,000.00
EA 123 $950 . _$116,850.00
1220 _-___
7 33
33t2.30038"Gate Valve EA B $1,280.00 $10,000.000
t# 9999.0pp1 1"Irrigatbn Servce QO 00 66 EA 2 $1,000.00 $2 gp0.00
10
11
12
13
14
15 �
-1E-
17
13_T
19 _.
2t �
22
23
-24
26
28
29
3a
32
34
35 —
38 _
37
S �
3g
42
Zi
45
TOTAL UNIT I:WATER PROV BENTS $325,385.00
MY OF FORT WORTH
STANDARD CONSIRI TWU SPECIFICATION DW-UMPM-DEVELOPER AWARDED PROJECTS
F_V.0_May42.2019 00 42 43 PH6_id t0_DAP_Utility
Og 42 43
DAP-SID PROPOSAL
Ptg02 fs
SECTION 0042 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICEI i ergs Application
ftojoa Item Inbrmatim Bidder's Pmposai
Sid]ist Item;_ Spmffiz Lion Unit of Bid
No. I}rere nn Section No. Memure Qtdy
UedtPrice Did Value
oan
UNIT It:SANITARY SEXIER IMPROVEMENTS
6 1 3301.0002 Past-CCTV Inspection 33 01 31 LF 335 $4.00 $13,400.00
0
2 3301,0101 Manhole Vacuum Testing 33 01 30 EA 11 $150.00 $1,650.00
3 3305.0109 7 ench Safety __ -- 33 05 10 _. LF 3350 -$2.00 $8,700.00
4 3331 3101 4 Sewer Service 33 31 50 EA 120 $654.00 $78 0€}0.00
3331.4115 8°Seer Pipe 35 31 20. LF 3350 $38.00 $127,300.00
8 3331A118 8"Sewer Pipe,CSS Sackliff 33 11 10,33 LF 230 $48.00 $11,040.00
7 3339.0001 Epoxy Manh@le Liner 33 3g 80 VF 22.9 $385.00 $8,818.50
8 333g 1001 4 Manho 33 3g 10 EA 11 $4370.00 $48 070,Ot7
9 3339.1003 Extra Dopth Mia iv le{>6.01 333910 VF 35 $185.00 $6,475.00
10
12
� 11
13
14--
15
17
18 __
1g
22
24
25
26
27
31__
32
33
34
35
35
_ 41
42--
44
45
TOTAL UNIT II:SANITARYSEWER MAPROVEENTS $301,451.50
My OF FORT WORTH
STANDARD CONMUCTtON SPEI—WICATJON DOCIAMM-DEWI.OPER AWARDED PROJF'TS
F—V-1.May 22,2019 00 42 43_PH6_Sui Pcw�x)_DAP_UObH y
004243
DAP
-BR3 PROPOSAL
Page 3 05
SECTtON 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BIDBidder's Application
Project In=In&mseion Bidder's Proposal
Bidlist Item Specification Unit of Bid Una Price Sid Valve
No. _....._.,...._. Section No. measare Quazrtity ..
UNIT III:DRAINAGE IMPROVEMENTS
1 d241.3014 Remove 21"Storm Line 02 41 14 LF 12 $20.00 $240.00
2 0241.4201 Remove 4'Drop Inlet 02 41 14 EA 1 $1,000,00 $1,000.00
3 3305Ot09 Trench Safety_ 3305_10 LF 1205 $1,00 --$1,205.00
4 31250101 3WPPP aiacre 31250d LS 1 $2,500,00 $2,500.00
5 3137 01tl4 Medium St a Rlprap,dry 313706 SY 11 $105.0{ $1,165.00
8 3341.02tl1 21 RGP Cass III 33 41 10 LF 134 $61.00 $8,17,L00
7 3341.0205 24 RCP,Glass 111 33 41 10 LF 701 $66.001 W,266.00
8 3341.0208 27 RCP Class NI 33 41 10 LF 329 $78.00- $25 iM34,00
33 030 9 41 2 30 RGP Glass III 35 41 10 LF 4i $88,00 $3 526.00
10 3349 0001 4 Stom1 Junction Box 334910 EA 2 $6 000.00 $12 000 00
Ti3349.0003 8'S6arrr3 Junction Box 33 49 10 EA 2 _$1B 500 00 $33,000.00
12 3349,5001 10'Curb Inlet 33 49 Zi µ EA 14 _ $3 200.00 $44,800.00
13 3349.5003 20'Curb lnBt 34 49 20 EA 4 $5,200.0! $20,800.001
_. _
14 3349.7001 4'Drop Inlet 33 49 20 EA 1 $4,500,0t $4 5(ro.00
15
- 98
7
19
21
23
� 26
2ts
27 I --
28 _
s0
31
32
33
—3d
37
�38 _
39
_., _._
42
43
44
45
�__ TOTAL UNiT 111:D AGE IMPROVEMENT $2d4,170,40
CM 6F FORT WORTH
STANDARD CDASMUCTIDN 5PISMICATION DC CUFfENRS-DEVFI.,OPM AWARDED PROJECTS
Pmm"-Zt hoVIZ 2019 004243-PH6,-Bid DAPUMity
00 42 43
DAP-Ha)PROPOSAL
Page 4 orS
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
IT PRICE BIDBidder's Application
Project Tt=Inkrramion Bides Proposal
Biai�z aezn
No. ��criP' Spasm oa Uart of Sid Unit Price Bid Value
Soet No. ...�Q--i"
UNIT IV:PAYING:..Y�ROVEMENTS
1 0241.1100 Remove Asphalt Pvmt 02 41 15 Sy $12.00
2 3211 0400 Hydrated Lime_ 321129 TON _377 $18_0.0_0 $67,860,00
3 3211.0501 6"Lime Treatment 321129 BY 18854 $3,00 V ry,562.00
4 3212.0302 2 Asphafl PvmtType D 6 32 1218 Sy
213 $16.00 $3 408.00
_. _-a _w _.... ...u...._
6 3212.0561 4°Asphalt Base Type B 321216 SY 213 $26.60 $8 964.00 v _ ..__
6 3213.0101 6"Conc Pvmt 321313 SY 17140 $35.50 $ 470.00
_.._ _. _ _. _.._._ ._ .__..
7 3213®301 d Cone Sidevdalk 3213 20 SF 9931 $3.25 $32 275.75
$ i3213 0501 Barrier Free Ramp,Type R-1 32 13 20 EA 8 $1 20fl.00 $9 60gg
_ _® m. v
9 3213.050E Barrier Free Ramp,Type P-1 32 13 20 EA 4 $1,200.00 4,800.04
10 3291 D100 Topsail 32 91 19 Cy 42 $24.00 $1 008 00
11 3441 4003 Fum6h;stall Alum Sign{'around Mount Ctty 34 41 30 EA 7 $
750.00 $5,250.00
s. _ _. _ _w
12 3441 4108 Remove Sign Panel and Post 34 41 30 EA 3 $250.00 $750.00
13 3471. 1 Trak�Control 3,17113 MO 1 $1,500.00 $11500.00
14 9S99 0002 Metal Plate Walking Surface 99£s9 99 EA 1 $4,E00.00 $4,500.00
15
1(
17
1 18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
36
L42
_ .44 ._
TOTAL UNIT IV:PAVING IMPROVEMENTS $809,015,75
MY OF FORT WORTH
STANDARD COM R1UCTtON SPECERCATION DOC. 5-DE'VEMPER AWARDED PROTECTS
Farm Yawn"22,2019 004243-PA-Ba 1O-D.AP_U1J9W
OD 42 43
DAP•eID PROPOSAL.
P.Vs.f5
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
C"1 PRICE BIDi ert Application
Project hem intommm Bidder's Proposal
Beds Item Description Specification Unit of Bid
Section No. Measure Qvnntity ih tPrice Bd Value
Bid Summary
UNIT I:WATER IMPROVEMENTS $325,385.00
UNIT li:SANITARY SEWER IMPROVEMENTS 301 459.50
UNIT III:DRAINAGE IMPROVEMENTS $204,170.00
UNIT IV:PAVING IMPROVEMENTS $809,015.75
Total Co of ott Bid $1,640 022 25
This Bid Is submitted by the entity muned below:
BW DF.B: BY; 1 i n
c tts fit-
TITLEZ
DATF-
446zq/-zo-Lo
Contmetor arves to complete WORK far FINAL ACCEFFAwE within Working days after the date when the
CONTRACT commence;to ran as provided in the General Coodhiests.
F.NID OF SFkMON
COY OF FORT WORTft
STANDAa7J CON39RiJC1TOtd SPSCMAMN D DCUhiBIM-DEVELOPM AWARDFD PROJECTS
FormVqnip May 32,2019 00 4243 PRfi 1W O_DAP_UtitRg
00 42 43
DAP-BID PROPOSAL
Page 1 of I
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Specification Unit of Bid
No. Description Unit Price Bid Value
Section No. Measure Quantity
UNIT V:STREET LIGHTING IMPROVEMENTS
1 2605,3015 2"CONDT PVC SCH 80(T) 26 05 33 LF 1850 $11.55 $21,367.50
2 3441.1410 NO 10 Insulated Elec Condr 31 41 10 LF 1850 $3.21 $5,938.50
3 3441.3001 Rdwy Illum Assmbly TY 1,4, and 6 31 41 20 EA 19 $1,862.57 $35,388.83
4 3441.3301 Rdwy Illum Foundation TY 1,2,and 4 31 41 20 EA 19 $1,078.00 $20,482.00
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
TOTAL UNIT V:STREET LIGHTING IMPROVEMENTS $83,176.83
Bid Summary
UNIT V:STREET LIGHTING IMPROVEMENTS $83,176.83
Total Construction Bid $83,176.83
This Bid is submitted by the entity named below:
BIDDER: BY: IZi Al ulfe
independent I tility Construction,Inc.
5109 Sun Valley Dr
Fort Worth,TX 76119 TITLE: Prr,�icn
DATE:
Contractor agrees to complete WORK for FINAL ACCEPTANCE within 30 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 Version May 22,2019 00 42 43PH6_Bid Proposal0_DAP_Electrical V2
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