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HomeMy WebLinkAboutContract 54204 Received Date: 07/27/20 Received Time: 2:43 pm Developer and Project Information Cover Sheet: Developer Company Name: LGI Homes—Texas,LLC Address, State,Zip Code: 1450 Lake Robbins Dr. Suite 430,The Woodlands,TX 77380 Phone&Email: 972-467-5214,elaine.torres(d)lgihomes.com Authorized Signatory,Title: Elaine Torres,Officer Project Name: Drainage Improvements at the Intersection of Randol Mill Road&Coolds Lane Brief Description: Water,Paving, Storm Drain Project Location: Randol Mill Road and Cooks Lane Intersection Plat Case Number: FP-10-088 Plat Name: Oak Ridge Phase 2 Mapsco: 66R&66M Council District: 5 CFA Number: CFA20-0008 City Project Number: 102420 OFFICIAL RECORD CITY SECRETARY City of Fort Worth,Texas FT. Wo"'Ift Standard Community Facilities Agreement Rev.10/5/19[NPCI City Secretary Number: 54204 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 LGI Homes — Texas, LLC ("Developer"),acting by and through its duly authorized representative. City and Developer are referred to herein individually as a"party"and collectively as the"parties." WHEREAS, Developer is constructing private improvements or subdividing land within the corporate limits of Fort Worth,Texas or its extraterritorial jurisdiction,for a residential development known as Oak Ridge; 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 development,Developer is required to bear a portion of the costs of municipal infrastructure by constructing the public infrastructure necessary for the development; and WHEREAS, the City required Developer to construct or pay to the City the cost of constructing minor roadway improvements along Cooks Lane, without adding additional roadway capacity as a condition of approval of the development as depicted in Illustration 1 which is attached hereto and incorporated herein by reference("Proposed Roadway Improvements"); and WHEREAS, the City and Developer agree that due to flooding in the area surrounding the development, it is desirable to allow Developer to make stormwater improvements in lieu of the Proposed Roadway Improvements; and WHEREAS,the stormwater improvements consist of the public infrastructure improvements for the project known as Drainage Improvements at the Intersection of Randol Mill Road & Cooks Lane("Project"),which are described in this Agreement("Community Facilities"or"Improvements");and WHEREAS, City will construct, at the City's expense and at a time determined by the City, the Proposed Roadway Improvements that Developer would have been required to construct had City and Developer not entered into this Agreement; and WHEREAS,as a condition of approval of the development and 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 ar Agreement; and OFFICIAL RECORD CITY SECRETARY City of Fort Worth,Texas FT. V QB3'8187X Standard Community Facilities Agreement Rev.10/5/19[NPCI 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. Developer shall provide at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to construct the Improvements required by this Agreement. 3. Description of Improvements; Exhibits and Attachments The following exhibits describe the general location, nature and extent of the Improvements that are the subject of this Agreement and are attached hereto and incorporated herein by reference: ® Exhibit A: Water ❑ Exhibit A-1: Sewer ® Exhibit B: Paving ® Exhibit B-1: Storm Drain ❑ Exhibit C: Street Lights & Signs The Location Map and Cost Estimates are also attached hereto and incorporated herein by reference. To the extent that Exhibits A, A-1, B, B-1, C, the Location Map, or the Cost Estimates conflict with the Engineering Plans, the Engineering Plans shall control. If applicable, Attachment 1 — Changes to Standard Community Facilities Agreement, Attachment 2 — Phased CFA Provisions, 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 City of Fort Worth,Texas Page 3 of 18 Standard Community Facilities Agreement Rev.10/5/19[NPC] 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"). 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. City of Fort Worth,Texas Page 4 of 18 Standard Community Facilities Agreement Rev.10/5/19[NPC] Termination If Developer desires to terminate this Agreement before Developer's contractors begin constructing the Improvements, Developer agrees to the following: (a) that Developer and City must execute a termination of this Agreement in writing; (b) that Developer will vacate any final plats that have been filed with the county where the Project is located; and (c) to pay to the City all costs incurred by the City in connection with this Agreement, including time spent by the City's inspectors at preconstruction meetings. 9. Award of Construction Contracts (a) Developer will award all contracts for the construction of the Improvements and cause the Improvements to be constructed in accordance with the CFA Ordinance. (b) Developer will employ construction contractors who meet the requirements of the City to construct the Improvements including,but not limited,to being prequalified,insured,licensed and bonded to construct the Improvements in the City. (c) Developer will require Developer's contractors to provide the City with payment and performance bonds naming the City and the Developer as dual obligees, in the amount of one hundred percent (100%) of the cost of the Improvements as required by the CFA Ordinance. The payment and performance bonds shall guarantee construction of the Improvements and payment of all subcontractors and material suppliers. Developer agrees to require Developer's contractors to provide the City with a maintenance bond naming the City as an obligee, in the amount of one hundred percent (100%) of the cost of the Improvements, that guarantees correction of defects in materials and workmanship for the Improvements by the contractor and surety for a period of two (2) years after completion and final acceptance of the Improvements by the City. All bonds must be provided to the City before construction begins and must meet the requirements of the City's Standard Conditions,Chapter 2253 of the Texas Government Code,and the Texas Insurance Code. (d) Developer will require Developer's contractors to provide the City with insurance equal to or in excess of the amounts required by the City's standard specifications and contract documents for developer-awarded infrastructure construction contracts. The City must be named as an additional insured on all insurance policies. The Developer must provide the City with a Certificate of Insurance (ACORD or form approved by the State of Texas), supplied by each contractor's insurance provider,which shall be made a part of the Project Manual. (e) Developer will require the Developer's contractors to give forty-eight (48)hours' advance notice of their intent to commence construction of the Improvements to the City's Construction Services Division so that City inspection personnel will be available. Developer will require Developer's contractors to allow construction of the Improvements to be subject to inspection at any and all times by the City's inspectors. Developer will require Developer's contractors to not install or relocate any sanitary sewer, storm drain,or water pipe unless a City inspector is present and gives consent to proceed,and to allow such laboratory tests as may be required by the City. City of Fort Worth,Texas Page 5 of 18 Standard Community Facilities Agreement Rev.10/5/19[NPC] (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. 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 PROPERLY SAFEGUARD THE WORK, OR ONACCOUNT OFANYACT,INTENTIONAL OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID DEVELOPER, ITS CONTRACTORS, SUB-CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, WHETHER OR NOT SUCHINJURIES,DEATH OR DAMAGESARE CAUSED,IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS,SERVANTS, OR EMPLOYEES. (c) DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, SUITS OR CAUSES OF ACTION OF ANY NATURE WHATSOEVER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ON ACCOUNT OF ANY INJURIES OR DAMAGES TO PERSONS OR PROPERTY, City of Fort Worth,Texas Page 6 of 18 Standard Community Facilities Agreement Rev.10/5/19[NPC] 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 EAPENSES SUFFERED BY THE CITY OR CAUSED AS A RESULT OF SAID CONTRACTORS' FAILURE TO COMPLETE THE WORK AND CONSTRUCT THE IMPROVEMENTS IN A GOOD AND WORKMANLIKE MANNER, FREE FROM DEFECTS,IN CONFORMANCE WITH THE CFA ORDINANCE, AND INACCORDANCE WITH ALL PLANS AND SPECIFICATIONS. 13. Right to Enforce Contracts Upon completion of all work associated with the construction of the Improvements,Developer will assign to the City a non-exclusive right to enforce the contracts entered into by Developer with its contractors,along with an assignment of all warranties given by the contractors,whether express or implied. Further,Developer agrees that all contracts with any contractor shall include provisions granting to the City the right to enforce such contracts as an express intended third party beneficiary of such contracts. 14. Estimated Fees Paid by Developer; Reconciliation 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. City of Fort Worth,Texas Page 7 of 18 Standard Community Facilities Agreement Rev.10/5/19[NPC] 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 LGI Homes—Texas, LLC City of Fort Worth 1450 Lake Robbins Dr., Suite 430 200 Texas Street The Woodlands, TX, 77380 Fort Worth, Texas 76102 With copies to: City Attorney's Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 and City Manager's Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 Or to such other address one party may hereafter designate by notice in writing addressed and mailed or delivered to the other party hereto. 17. Right to Audit Developer agrees that, until the expiration of three (3) years after acceptance by the City of the Improvements constructed pursuant to this Agreement, that the City shall have access to and the right to examine any directly pertinent books, documents, papers and records of the Developer involving transactions relating to this Agreement. Developer agrees that the City shall have access during normal working hours to all necessary Developer facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Developer reasonable advance notice of intended audits. Developer further agrees to include in all contracts with Developer's contractors for the Improvements a provision to the effect that the contractor agrees that the City shall,until the expiration of three(3)years after final payment under the contract,have access to and the right to examine any directly pertinent books, documents,papers and records of such contractor, involving transactions to the contract, City of Fort Worth,Texas Page 8 of 18 Standard Community Facilities Agreement Rev.10/5/19[NPC] 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 Rev.10/5/19[NPC] 22. Headings The paragraph headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. 23. Severability In the event that any clause or provision of this Agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not affect any of the remaining provisions hereof. 24. Review of Counsel City and Developer, and if they so choose,their attorneys,have had the opportunity to review and comment on this document;therefore any rule of contract construction or interpretation that would normally call for the document to be interpreted as against the drafting party shall not apply in interpretation of this Agreement, and each section, portion, and provision of this Agreement shall be construed solely on the basis of the language contained therein, regardless of who authored such language. 25. Prohibition on Boycotting Israel Developer acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company with 10 or more full-time employees that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and(2)will not boycott Israel during the term of the contract. The term"boycott Israel"has the meaning ascribed to it by Section 808.001 of the Texas Government Code. The term"company"has the meaning ascribed to it by Section 2270.001 of the Texas Government Code. To the extent that Chapter 2270 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not boycott Israel; and(2)will not boycott Israel during the term of this Agreement. 26. 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 City of Fort Worth,Texas Page 10 of 18 Standard Community Facilities Agreement Rev.10/5/19[NPC] 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. 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 City of Fort Worth,Texas Page 11 of 18 Standard Community Facilities Agreement Rev.10/5/19[NPC] any prior or contemporaneous, oral or written agreement that purports to vary from the terms hereof shall be void. [REMAINDER OF PAGE INTENTIONALLY BLANK] City of Fort Worth,Texas Page 12 of 18 Standard Community Facilities Agreement Rev.10/5/19[NPC] 34. Cost Summary Sheet Project Name: Randol Mill&Cooks Lane Drainage Improvements CFA No.: CFA20-0008 IPRC No.IPRC19-0232 City Project No.: 102420 Items Developer's Cost A. Water and Sewer Construction 1. Water Construction $ 52,553.43 2. Sewer Construction Water and Sewer Construction Total $ 52,553.43 B. TPW Construction 1.Street $ 113,765.00 2.Storm Drain $ 662,074.45 3.Street Lights Installed by Developer $ - 4. Signals $ - TPW Construction Cost Total $ 775,839.45 Total Construction Cost(excluding the fees): $ 828,392.88 Estimated Construction Fees: C. Construction Inspection Service Fee $21,560.00 D. Administrative Material Testing Service Fee $4,508.00 E. Water Testing Lab Fee $150.00 Total Estimated Construction Fees: $ 26,218.00 Choice Financial Guarantee Options,choose one Amount Mark one Bond= 100% $ 828,392.88 x Completion Agreement=100%/Holds Plat $ 828,392.88 Cash Escrow Water/Sanitary Sewer--125% $ 65,691.79 Cash Escrow Paving/Storm Drain=125% $ 969,799.31 Letter of Credit= 125% $ 1,035,491.10 City of Fort Worth,Texas Page 13 of 18 Standard Community Facilities Agreement Rev.10/5/19[NPC) 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 LGI Homes—Texas,LLC vases�3a�.a>�o� Dana Burghdoff(Ju127,2 243 CD �saus Dana Burghdoff Elaine Tones Assistant City Manager Officer Date: Jul 27, 2020 Date: Jul 27,2020 Recommended by: Evelyn Roberts/Jennifer Ezernack Project Assistant Planning and Development Approved as to Form &Legality: Contract Compliance Manager: RkhardA mcken(JuI27,202012:33 CDT) Richard A. McCracken By signing, I acknowledge that I am the person Sr.Assistant City Attorney responsible for the monitoring and M&C No. NSA administration of this contract,including <,m, ensuring all performance and reporting Date: fit=Y! ..•••• :`y`,i requirements. Form 1295: N/A ;r (�j V,', Laurie Lewis(Jul 27,202010:57 CDT) ATTEST: 5777_ d ° _.'•� � �,� Name: Laurie Lewis Rotraii%P, ao,,,r�let `` f Title: Interim Development Manager Ronald P.Gonalesl u127,202012s0 COT) y •fib-.,,"°'•r•• Mary J.Kayser/Ronald Gonzales City Secretary/Assistant City Secretary OFFICIAL RECORD CITY SECRETARY F` . WORTH,TX City of Fort Worth,Texas Page 14 of 18 Standard Community Facilities Agreement Rev.10/5/19[NPCI 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 ® Illustration 1 —Proposed Roadway Improvements ® 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) City of Fort Worth,Texas Page 15 of 18 Standard Community Facilities Agreement Rev.10/5/19[NPC] ILLUSTRATION"I" Proposed Roadway Improvements Oak Ridge PAPE-DAWSON OPINION OF PROBABLE COST ENGINEERS PROJECT NAME:Oak Ridge-Cooks Lane -OT COUNT: N,A CITY:Fort Worth,Texas GROSS ACRES: OB NUMBER:70D75 NETACRES: A.EARTHWORK IMPROVEMENTS Item Description Quantity Unit Unit Price Total Amount Site t•eP a•at.on 2 Ave .UUl1 0U s t'su0.DU Excavatc unclassfiec i,9m CunicYarc > .UU $ 31,600.00 Subtotal-Earthwork Improvements $ 38,400.00 C.STORM SEWER IMPROVEMENTS Item Description Quantity Unit Unit Price total Amount 24-inch Reinforced Concrete Pepe IRCP),C76,Class III,All Depths,Complete in Place 840 Unear Foot $ 59.15 $ 48,846.00 Inch Reinforced Concrete Pipe IRCP),C76,Class III,All Depths,Complete in Place 75 Linear Foot $ 105.78 $ 7,933.50 Standard 15-Foot Curb Inlet 3 Each $ 3,346.67 $ 10,040.01 -Ft x 4-Ft Manhole/Junction Box,Complete in Place 3 Each $ 3AM.49 ; 11,545.47 t x(-Ft Manhole/Junction Box,Complete in Place 1 Each $ 7,1,W.00 ; 7,500.00 ranch Safety 915 Unear Foot $ 785 7,182-75 ubtotal-Storm Sewer Improvements S 93 097.73 E.PAVING IMPROVEMENTS Item Description Quantity Un8 Unit Price total Amount 7-Inch Thick Reinforced 4,000 psi Concrete Street Pavement w¢r trinch Monolith; 3,459 Square Yards $ 35.33 122,206.47 Curb Inch Thick Ume Treated Subgrade 3,616 Square Yards $ 3.25 $ 11,752-00 Hydrated Lime 137 lb/sy for 6-inch) 67 Ton $ ISOA3 $ 30,07&81 10-Foot Sidewalk By Developer(4-Inch Thick) 1415 Unear foot $ 55M$ 77,825.00 Street Light 7 Each 10,000A0 $ 70,000-00 ellow Pavement Striping 1415 Linear Foot $ $ 3,650-70 Demolish Existing Asphlat Pavement 3459 Square Yards $ 5" $ 17,295.00 Asphalt to Match Existing Conditions :7G Square Yards $ 45r D $ 7,296.00 phaltSubgrade _c.i_ Square Yards $ 4.20 $ 672.00 Subtotal-Paving Improvements $ 320,775.98 City of Fort Worth,Texas Page 16 of 18 Standard Community Facilities Agreement Rev.10/5/19[NPC] Oak Ridge PAPE-DAWSON OPINION OF PROBABLE COST rd ENGINEERS I PROJECT NAME:Oak Ridge-Cooks Lane LOTCOUNT: N/A CITY:Fort Worth,Texas GROSS ACRES: 2 OB NUMBER:70075 NETACRES: G.MISCELLANEOUS Item Description Quantity Unit Unit Price Total Amount Bonds(City,Payment Maintenance 1 Sum $ 40,000-00 `� 40,000-00 raffic Cormol 1 Sum $ 20,000.00 $ 20,000.00 Masonry Screening Wall 1415 Linear foot $ 100-00 $ 14 500.00 form Water Management 1 Sum $ 10,000-00 $ 10,000-00 u8total•Miscellaneous $ 211,5W,00 COOKS LANE SUMMARY A.EARTHWORK IMPROVEMENTS $ 38,400A0 B.SANITARY SEWER IMPROVEMENTS $ - C.STORM SEWER IMPROVEMENTS $ 93,047.73 D.WATER IMPROVEMENTS $ - E.PAVING IMPROVEMENTS $ 320,775-98 F.RETAINING WALLS $ G.MISCELLANEOUS $ 211,500.00 SUBTOTAL: $ 663,773.71 DESIGN&ENGINEERING: 10% $ 66,372.37 CONTINGENCIES: 10% $ 66,37237 TOTAL COSTS: $ 796,468.45 COST/LOT: $ 2,031.81 City of Fort Worth,Texas Page 17 of 18 Standard Community Facilities Agreement Rev.10/5/19[NPC] ATTACIEMENT"1" Changes to Standard Community Facilities Agreement City Project No. 102420 Negotiated changes are contained in the body of the Agreement. City of Fort Worth,Texas Page 18 of 18 Standard Community Facilities Agreement Rev.10/5/19[NPC] 00 42 43 DAP-BID PROPOSAL Page 1 of2 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 Description Unit Price Bid Value No. Section No. Measure Quantity UNIT I:WATER IMPROVEMENTS 1 0241.1013 Remove 8"Water Line 0241 14 LF 121 $23.68 $ 2,865.28 2 0241.1303 Remove 8"Water Valve 0241 14 EA 2 $796.32 $ 1,592.64 3 0241.1510 Salvage Fire Hydrant 0241 14 EA 1 $6,347.76 $ 6,347.76 4 3201.0123 6'Wide Asphalt Pvm Repair,Arterial 3201 17 LF 121 $99.26 $ 12,010.46 5 3305.0109 Trench Safety 33 05 10 LF 121 $0.12 $ 14.52 6 3311.0001 Ductile Iron Water Fittings w/Restraint 3311 11 TN 0.70 $6,310.69 $ 4,417.48 7 3311.0241 8"Water Pipe 3311 10 LF 121 $77.24 $ 9,346.04 3311 12 8 3312.0117 Connection to Existing 4"-12"Water Main 33 12 25 EA 3 $1,055.07 $ 3,165.21 9 3312.2001 1"Water Service,Meter Reconnection 33 12 10 EA 2 $4,253.79 $ 8,507.58 10 3312.3003 8"Gate Valve 33 12 20 EA 3 $1,428.82 $ 4,286.46 TOTAL UNIT I:WATER IMPROVEMENTS $52,553.43 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Fonn Version May 22,2019 00 42 43_Bid Proposal_DAP(JAG).xls 00 42 43 DAP-BID PROPOSAL Page 2 of 2 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 Description Unit Price Bid Value No. Section No. Measure Quantity UNIT II:DRAINAGE IMPROVEMENTS 1 3123.0101 Unclassified Excavation by Plan 31 2316 CY 5,000 $4.50 $ 22,500.00 2 3125.0101 SWPPP z 1 acre 31 2500 LS 1 $9,366.10 $ 9,366.10 3 3137.0104 Medium Stone Riprap,Dry 31 3700 SY 98 $61.63 $ 6,039.74 4 3201.0125 8'Wide Asphalt Repair,Arterial 3201 17 LF 375 $129.69 $ 48,633.75 5 3291.0100 Top Soil 3291 19 CY 137 $54.00 $ 7,398.00 6 3292.0100 Block Sod Placement 32 92 13 SY 1,233 $6.00 $ 7,398.00 7 3292.0400 Seeding,Hydromulch 32 92 13 SY 12,597 $0.55 $ 6,928.35 8 3305.0109 Trench Safety 33 05 10 LF 3,419 $3.50 $ 11,966.50 9 3341.0205 24"RCP,Class III 3341 10 LF 1,283 $96.98 $ 124,425.34 10 3341.0302 30"RCP,Class III 3341 10 LF 134 $120.54 $ 16,152.36 11 3341.0402 42"RCP,Class III 3341 10 LF 127 $183.70 $ 23,329.90 12 3341.0409 48"RCP,Class 111 3341 10 LF 249 $220.28 $ 54,849.72 13 3341.XXXX 48"HDPE Pipe 3341 11 LF 1,626 $141.45 $ 229,997.70 14 3349.0001 4'Storm Junction Box 33 49 10 EA 1 $4,212.54 $ 4,212.54 15 3349.0002 5'Storm Junction Box 33 49 10 EA 8 $4,872.29 $ 38,978.32 16 3349.2011 48"Headwall(TXDOT SETP-PD), 1 Pipe 33 49 40 EA 1 $4,056.38 $ 4,056.38 17 3349.4105 24"Headwall(TXDOT SETP-CD), 1 pipe 33 49 40 EA 1 $2,072.63 $ 2,072.63 18 3349.4111 42"Headwall(TXDOT SETP-CD), 1 pipe 33 49 40 EA 2 $3,538.88 $ 7,077.76 19 3349.7001 4'Drop Inlet 33 49 20 EA 4 $3,307.57 $ 13,230.28 20 3349.7002 5'Drop Inlet 33 49 20 EA 2 $3,494.66 $ 6,989.32 21 3441.4110 Remove and Reinstall Sign Panel and Post 34 41 30 EA 2 $250.00 $ 500.00 22 3471.0001 Traffic Control 3471 13 MO 1 $10,400.00 $ 10,400.00 23 9999.0002 21"Steel Riser Pipe 00 00 00 EA 1 $805.88 $ 805.88 24 9999.0003 24"Steel Riser Pipe 00 00 00 EA 1 $1,265.88 $ 1,265.88 25 19999.0005 Pond Drainage,to Pond Bottom 00 00 00 EA 1 1 $3,500.00 $ 3,500.00 TOTAL UNIT II:DRAINAGE IMPROVEMENTS $662,074.45 Bid Summary UNIT 1:WATER IMPROVEMENTS $52,553.43 UNIT III:DRAINAGE IMPROVEMENTS $662,074.45 Total Construction Bid $714,627.88 This Bid is submitted by the entity named below: BIDDER: BY:Evan Jones K-CON Utility Services 703 North Greenville Ave Allen,Texas 75002 TITLE: Manager- DATE: 5/6/2020 Contractor agrees to complete WORK for FINAL ACCEPTANCE within 40 worldng 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 Fonn Version May 22,2019 00 42 43_Bid Proposal_DAP(JAG).xls 00 42 43 D AP-BID PROPOSAL Pao-1 of 1 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Intormation Bidder's Proposal Ridlislltenl Specification Unit of Bid Description Unit Price Bid Value No. Section No. Measure Quantity UNIT III: PAVING IMPROVEMENTS 1 0241.0401 Remove Concrete Drive 0241 13 SY 26 $50.00 $ 1,300.00 2 0241.0500 Remove Fence 0241 13 LF 50 $53.50 $ 2,675.00 3 0241.0700 Remove and Replace Mailbox 0241 13 EA 1 $1,000.00 $ 1,000.00 4 0241.1506 2"Surface Milling 0241 15 SY 1,117 $30.00 $ 33,510.00 2 3125.0101 SWPPP >_1 acre 31 2500 LS 1 $14,000.00 $ 14,000.00 6 3212.0302 2"Asphalt Pvmt Type D 32 12 16 SY 1,117 $45.00 $ 50,265.00 7 3213.0401 6"Concrete Driveway 32 1320 SY 26 $90.00 $ 2,340.00 8 3231.0213 4'Wire Mesh Fence, Metal Posts 3231 26 LF 50 $53.50 $ 2,675.00 10 3471.0001 Traffic Control 3471 13 MO 1 $6,000.00 $ 6,000.00 TOTAL UNIT III: PAVING IMPROVEMENTS1 $113,765.00 Bid Summary UNIT III: PAVING IMPROVEMENTS $113,765.00 Total Construction Bid $113,765.00 This Bid is submitted by the entity named below: BIDDER: BY: Charles A.Mooney Gilco Contracting,Inc 6331 Southwest Blvd. C. i Benbrook,Texas 76132 TITLE: Contract Manager-Cbi Estimator DATE: 5/11/2020 Contractor agrees to complete WORK for FINAL ACCEPTANCE within 30 working days after the date when the CONTRACT commences to run as provided in the Central Conditions. 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PELT 014LY DN FINAL HAPDCOPY NAIEKIlL15 BEARING THE WNSIILTANT$ORIGINAL SM,NATUE AM SEAL. LEGEND SCALE: 1"=100' EXISTING WATER LINE — EX—W ioo' o' 50' ioo' EXISTING GATE VALVE —per PROPOSED WATER LINE PROPOSED GATE VALVE PROPOSED FIRE HYDRANT CONNECT TO EX.8'WATER CONNECT TO EX.B"WATER UNDOL MILL RD EX CONNECT TO EX.8"WATER �I Z J N O OX ,x U 1"WATER SERVICE RECONNECTION W r n $, 1"WATER SERVICE >r RECONNECTION d W N JOB N0. 70075-03 RANDLE MILL RD &COOKS LN DRAINAGE & UTILITY IMPROVEMENTS PAPE-DAWSON a; DATE JAN 2020 PN: 102420ENGINEERS DESIGNER RI r9i o� FORT WORTH, TEXAS � CHECKED RI DRAWN EP DALLAS I SAN ANTONIO I AUSTIN I HOUSTON I FORT WORTH c EXHIBIT A - WATER 5810 TENNYSON PKWY,STE 425 PLAIVO,TX 75024 214.420.8494 $/ 2 O F 4 TBPE FIRM REGISTRATION 014T0 I TBPLS FIRM REGISTRATION#10194390 N SHEET 8� THIS DOCUMENT HAS BEEN PRODUCED FROM MATERIAL THAT WAS STORED AND/OR TRMlSYTIED EIECWIONMALLY AND MAY HAVE BEEN NADVERTENILY Al1ERED. RELY ONLY ON FINAL HARDCOPY MATERIALS[IEARHG THE CONSULTANTS ORIGINAL SIGNATURE AND SEAL LEGEND SCALE: 1"= 100' PROPOSED 100' 0' 50' ioo' ASPHALT REMOVE AND REPLACE EX.ASPHALT RANDOL MILL RD I z J N O O U REMOVE AND REPLACE EX.ASPHALT a s s g RANDLE MILL RD &COOKS LN JOB NO. 70075-03 PAPE-DAWSON DATE JAN 2020 DRAINAGE & UTILITY IMPROVEMENTS I DESIGNER RI CPN: 102420 ENGINEERS d� CHECKED RI DRAWN EP FORT WORTH, TEXAS DALLAS I SAN ANTONIO I AUSTIN I HDUSTUN I FORT WORTH 3 O F 4 EXHIBIT B - PAVING 581E TENFIRM REGISTRATION PKWIO STE 425 I PLANR TX ISTR 1214.42E.8494 $� TSPE FIRM REGISTRATION M4T0 TSPLS FIRM REGISTRATION k10194390 SHEET o� THS DOCUMENT HAS BEEN PRGDUGID FROM NAIEIUAI THAT WAS STORIED M!D/gt 1RANSNTIED ELECTRONICALLY AND MAY HAVE BEEN INADI4RIENILY ALTERED. PELT ONLY ON FINAL HAPDCOPY NAIEflHLS SEAflNG THE CONSULTANTS ORIGINAL SM,WATUflE AM SEAL. MATCHLINE-SEE THIS SHEET MATCHLINE-SEE THIS SHEET SCALE: 1"=200' I 1 200' 0' 1 oo' 200' I 1 II II II II II II II LEGEND I I PROPOSED 1 21"RCP p PROPOSED STORM DRAIN 1 PIPE & JUNCTION BOX DETENTION ® PROPOSED DROP INLET I PROPOSEDKPROP"OS?ED POD 42"RCP I PROPOSED STORM LINE I I 1 I 24"RCP II II II II W II g PROPOSED I 1 H 48"HDPE PIPE 0 U w II cq I I OAK RIDGE 0 I I PHASE 2 2 H PROPOSED w 1 1 48"HDPE PIPE Ic? 1 1 z II L — — PROPOSED I 1 U 48"RCP s - - ¢ I 1 ' PROPOSED I I 21"RCP II RANDOL MILL RD PROPOSED PROPOSED PROPOSED 24"RCP 30"RCP z 24"RCP z � (A s O DETENTION $ PROPOSED U PROPOSED POND 24"RCP 42"RCP 7a ry MATCHLINE-SEE THIS SHEET g RANDLE MILL RD &COOKS LN m i JOB N0. 2002 PAPE-DAWSON mi DATE JAN 202E 02E DRAINAGE & UTILITY IMPROVEMENTS I DESIGNER RI CPN: 102420 ENGINEERS CHECKED RI DRAWN EP FORT WORTH, TEXAS DALLAS I SAN ANTONIO I AUSTIN I HOUSTON I FORT WORTH 4 OF 4 EXHIBIT B1 - STORM DRAIN 581E TENFIRM REGISTRATION PKWIOSTE425I PLANR TX ISTRA5024 2N0101.8494 $� TSPE FIRM REGISTRATION M4T0 TSPLS FIRM REGISTRATION k10194390 SHEET o� THIS DOCUENT HAS BEEN PRGDUGID FRDII NAIEIUAI THAT WAS SfgED M!D/gt 1RANSNTIED ELECTRONICALLY AND MAY HAVE BEEN INADI4RIENILY ALTERED. PELT ONLY DN FINAL HAPDCOPY NAIEflHLS BEARING THE CONSULTANTS ORIGINAL SM,WATUflE AM SEAL.