HomeMy WebLinkAboutContract 54498 09/21/2020
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COMMUNITY FACILITIES AGREEMENT CSC No.54498
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 HMH PahiAla Springs
Development, Inc. ("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 Palmilla
Springs Phase 5("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
$33,861.96 to enlarge the scope of the Improvements beyond what Developer is responsible for constructing
or as an economic incentive as authorized by City Council through approval of M&C Not Required
on NA ,20 ("City Participation"); 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.
OFFICIAL RECORD
City of Fort Worth,Texas CITY SECRETARY Page 1 of 15
Standard Community Facilities Agreement with City Participation FT.WORTH, TX
Rev.6/1/19
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
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 I —
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 accepted by the City,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 constructors 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
Policy.
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Standard Community Facilities Agreement with City Participation
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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, or the Developer's agreements with the
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
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Standard Community Facilities Agreement with City Participation
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(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. 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 of materials being used 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 and 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
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Developer shall cause the installation or adjustment of utilities required to serve the Project and 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. City will be responsible for the costs of utility
relocation necessitated by the City Participation in this Agreement.
11.
Easements and Rights-of-Way
Developer agrees to provide, at its expense, all necessary rights-of-way and easements across
property owned by Developer and 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 ACCEPTED BY THE CITY, 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
OF ANY INJURIES OR DAMAGES SUSTAINED BY ANY PERSONS (INCLUDING
DEATH) OR TO ANYPROPERTY,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 NOTSUCHINJURIES,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 INFRASTRUCTURE 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, AND HOLD HARMLESS THE
CITY FOR ANY LOSSES,DAMAGES, COSTS OR EXPENSES SUFFERED BY THE CITY
OR CAUSED AS A RESULT OF SAID CONTRACTOR'S FAILURE TO COMPLETE THE
City of Fort Worth,Texas Page 5 of 15
Standard Community Facilities Agreement with City Participation
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WORK AND CONSTRUCT THE IMPROVEMENTS IN A GOOD AND WORKMANLIKE
MANNER, FREE FROM DEFECTS, IN CONFORMANCE WITH THE POLICY, AND IN
ACCORDANCE 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 the Developer with its
contractor along with an assignment of all warranties given by the contractor,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 is 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 is 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 or to such other address as one
party may from time to time notify the other in writing. 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:
City of Fort Worth,Texas Page 6 of 15
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Development Coordination Office HMH Palmilla Springs Development, Inc.
City of Fort Worth 1038 Texan Trail, Grapevine TX 76051
200 Texas Street
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 as said parties 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 construction 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
City of Fort Worth,Texas Page 7 of 15
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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, representative, 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, representative, 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,
representative,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, representative, 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
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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 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 2271.001 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'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.
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.
City of Fort Worth,Texas Page 9 of 15
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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
any prior or contemporaneous, oral or written agreement that purports to vary from the terms hereof shall
be void.
34.
City Participation; Fiscal Funding Limitation
(a) The City shall reimburse Developer for the City Participation after presentation of proper
documentation by Developer to the City that the Improvements have been constructed and accepted
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by the City and all contractors and material suppliers have been paid.
(b) In the event no funds or insufficient funds are appropriated and budgeted or are otherwise
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.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
City of Fort Worth,Texas Page 11 of 15
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35.
Cost Summary Sheet
Project Name: Palmilla Springs Phase 5
CFA No.: CFA20-0057 City Project No.: 102450
Items Developer's Cost City's Cost Total Cost
A. Water and Sewer Construction
1. Water Construction $ 591,671.49 $ 33,861.96 $ 625,533.45
2.Sewer Construction $ 953,843.99 $ - $ 953,843.99
Water and Sewer Construction Total $ 1,545,515.48 $ 33,861.96 $ 1,579,377.44
B. TPW Construction
1.Street $ 1,860,677.11 $ - $ 1,860,677.11
2.Storm Drain $ 561,472.28 $ - $ 561,472.28
3.Street Lights Installed by Developer $ 163,317.92 $ - $ 163,317.92
4. Signals $ - $ - $ -
TPW Construction Cost Total $ 2,585,467.31 $ - $ 2,585,467.31
Total Construction Cost(excluding the fees): $ 4,130,982.79 $ 33,861.96 $ 4,164,8".75
Estimated Construction Fees:
C. Construction Inspection Service Fee $55,125.00 $55,125.00
D. Administrative Material Testing Service Fee $37,093.00 $37,093.00
E. Water Testing Lab Fee $2,640.00 $2,640.00
Total Estimated Construction Fees: $ 94,858.00 $ - $ 94,858.00
TOTAL PROJECT COST $ 4,225,840.79 $ 33,861.96 $ 4,259,702.75
Choice
Financial Guarantee Options,choose one Amount Mark one
Bond=100% $ 4,164,844.75 x
Completion A reement=100%/Holds Plat
Cash Escrow Water/Sanitary Sewer=125%
Cash Escrow Paving/Storm Drain=125%
Letter of Credit=125%
City of Fort Worth,Texas Page 12 of 15
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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
HMH Palxnilla Springs Development, Inc.
Baru,au,-4697o
Dana Burghdoff(Stp17,20 11:38 CDT)
Dana Burghdoff
Nelson Mitchell(Sep 16,202010:35 CDT)
Assistant City Manager By:
Date: Sep 17,2020 Name: B.Nelson Mitchell Jr.
Title: CEO and Secretary
Recommended by:
Date: Sep 16,2020
Evelyn Robe (Sep 16,2020 10:38 CDT)
Evelyn Roberts/Jennifer Ezernack
Project Assistant
Planning and Development
Approved as to Form &Legality:
Richard A.McCracken(Sep 16,202010:51 CDT)
Richard A. McCracken
Assistant City Attorney Contract Compliance Manager:
M&C No. N/A
Date: By signing, I acknowledge that I am the person
responsible for the monitoring and
Form 1295: N/A administration of this contract,including
ensuring all
4�b�oon�n performance and reporting
��� FORr�o9��� requirements.
ATTEST: %-
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�U Qaa�nEXPSop Laurie Lewis(Sep 16,202010:42 CDT)
Mary J.Kayser/Ronald Gonzales Name: Laurie Lewis
City Secretary/Assistant City Secretary Title: Interim Development Manager
OFFICIAL RECORD
City of Fort Worth,Texas CITY SECRETARY Page 13 of 15
Standard Community Facilities Agreement with City Participation FT.WORTH, TX
Rev.6/1/19
The following attachments are incorporated into this Agreement. To the extent a
conflict exists between this Agreement and the following attachments,the language in 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)
City of Fort Worth,Texas Page 14 of 15
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ATTACHMENT"I"
Changes to Standard Community Facilities Agreement
City Project No. 102450
None
City of Fort Worth,Texas Page 15 of 15
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00 42 43
DAP-BID PROPOSAL
Page I of 3
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project item Information Bidder's Proposal
Bidliiistoltem Description Specification Section No. Unit of Measure Bid Unit Price Bid Value
Quantity
UNIT I:WATER IMPROVEMENTS
1 0241.1510 Salvage Fire H drant 0241 14 EA 1 $1,485,13 $1,485,13
2 3305.0109 Trench Safety 3305 10 LF 9857 $0.19 $1,872.83
3 3311,0001 Ductile Iron Water Fittings w/Restraint 33 11 It TON 5 $6,389.60 $31,948.00
4 331 1.0261 8"PVC Water Pipe 33 11 12 LF 9358 $23.73 $222,065.34
5 3311,0541 16"Water Pipe 33 11 10,33 11 12 LF 499 $57.79 $28,837,21
6 13312.0001 Fire Hydrant Assembly 33 1240 EA 11 $3,945.30 $43,398.30
7 3312.2003 1"Water Service 33 12 10 EA 235 $957.50 S225,012.50
8 3312.3003 8"Gate Valve 33 1220 EA 33 $1,235.99 $40,787.67
9 3312.0106 Connection to Existing 16"Water Main 33 1225 EA 5 $2,526.37 $12,631.85
10 3312.3006 16"Gate Valve w/Vault 33 1220 EA 1 $14,344.62 $14,344.62
11 9999.0001 Irrigation PVC Pipe 00 00 00 LF 105 $30.00 $3,150.00
TOTAL UNIT I:WATER IMPROVEMENT $625,533.45
UNIT II:SANITARY SEWER IMPROVEMENTS
1 3137.0107 Block Ri ra ,dry 31 370 SY 230 $75.60 $17,388.00
2 3301.0002 Post-CCTV Inspection 330131 LF 12,155 $1,35 $16409.25
3 3301,0101 Manhole Vacuum Testing 3301 30 EA 54 $93.08 $5,026.32
4 3305.0109 Trench Safety 3305 10 LF 12,155 $0.53 $6,442,15
5 3305.0116 Concrete Encasement for Utility Pipes 3305 10 CY 6 $215.71 $1,294.26
6 3331,3101 4"Sewer Service 3331 50 EA 232 $730.09 $169,380,88
7 3331.4115 8"Sewer Pie 33 11 10,33 31 12,33 31 20 LF 12,014 $37.38 $449,083.32
8 3331,4116 8"Sewer Pie CSS Backfill 33 11 10,33 31 12,33 31 20 LF 316 $39.47 $12,472.52
9 3331 4119 8"DIP Sewer Pie 33 11 10 LF 141 S109.50 S15,439.50
10 3339.1001 4'Manhole 3339 10,333920 EA 50 $3,912.38 $195,619.00
11 3339.1002 4'Drop Manhole 3339 10,333920 EA 4 $10,46161 $41,850.44
12 3339.1003 4'Extra Depth Manhole 3339 10,333920 VF 153 $127.00 $19,431,00
13 9999.0002 Connect to Existing Sewer 1000000 1 EA 5 $801.47 $4,007,i5
TOTAL UNIT II:SANITARY SEWER IMPROVEMENT $953,843.99
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version September L 2015 0042 43_Bid Proposal_DAP.YJs
00 42 43
DAP-BID PROPOSAL
Page 2 of 3
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Unit of Bid
No Description Specification Section No. Measure Quantity Unit Price Bid Value
UNIT III:DRAINAGE IMPROVEMENTS
1 0241.4201 Remove 4'Drop Inlet 0241 14 EA 1 $950.00 $950,00
2 3137.0107 Block Ri ra ,dry 31 3700 Sy 944 $106,76 $100,781,44
3 3305.0109 Trench Safety 3305 10 LF 3284 $0.41 $1,346.44
4 3341.0201 21"RCP,Class I11 3341 10 LF 354 $63.29 $22,404.66
5 3341.0205 24"RCP,Class III 3341 10 LF 1520 $72.57 $110,306,40
6 3341.0208 27"RCP,Class III 3341 10 LF 30 $91.32 $2,739.60
7 3341.0302 30"RCP,Class III 3341 10 LF 1,0681 $102.85 $109,843.80
8 3341.0309 36"RCP,Class 111 3341 10 LF 312 $125.58 $39,180.96
9 3349.0001 4'x4'Storm Junction Box 3349 10 EA 5 $4,215.75 $21,078,75
10 3349.3003 24"Straight Headwall,I pie 33 49 40 EA 6 $1,752.00 $10,512.00
11 3349.3007 36"Straight Headwall,1 pipe 33 49 40 EA 1 $2,573.25 $2,573,25
12 3349,5001 10'Curb Inlet 33 49 20 EA 11 $5,611,88 $61,730.68
13 13349.5002 15'Curb Inlet 33 49 20 LF 7 $7,309.13 $51,163.91
14 13349.5003 20'Curb Inlet 33 49 20 EA 2 $8,853,081 $17,706.16
15 19999.0003 Relocate existing 6'Drop Inlet 00 00 00 EA 1 $9,154,231 $9,154.23
TOTAL UNIT III:DRAINAGE IMPROMEMENTI $561,472.28
1 024 L 1100 Remove Asphalt Pvmt 10241 15 Sy 2156 $14.95 $32,232,20
2 3211 0111 4"Flexible Base,Type A,GR-1 32 11 23 Sy 5071 $9,75 $49,442.25
3 3211.0400 Hydrated Lime 32 1129 TON 639 $161.51 $103,204,89
4 3211.0502 6"Lime Treatment(30lb/SY) 32 11 29 Sy 39,413 $2-17 $85,526,21
5 3211.0502 8"Lime Treatment(36lb/SY) 32 11 29 Sy 2643 $3.30 $8,721,90
6 3212.0302 2"Asphalt Pvmt Type D 3212 16 Sy 229 $30.00 $6,870.00
7 3212.0501 4"Asphalt Base Type B 3212 16 Sy 229 $60.41 $13,833.89
8 3213,0101 6"Cone Pvmt 3213 13 SY 36626 $33.17 $1,214,985.66
9 3213,0301 4"Conc Sidewalk 32 1320 SF 21,336 $5,75 $122,688.00
10 3213.0501 Barrier Free Ramp,Type R-1 32 1320 EA 10 $1,647.35 $16,473.50
11 3213.0506 Barrier Free Ramp,Type P-1 32 1320 EA 40 $1,647.35 $65,894,00
12 3305.0107 Manhole Adjustment,Minor 3305 14 EA 40 $226,91 $9,076.40
13 13471.0001 Traffic Control 3471 13 MO 1 $8,000.00 $8,000.00
14 19999,0004 7.5"Concrete 1000000 Sy 2461 $43 09 $106,044.49
15 19999,0005 Pavement Markings/Signage 1000000 LS 1 $13,000,00 $13,000.00
16 19999,0006 End of Road Barricade and Header 1000000 EA 4 $1,170.93 $4,683.72
TOTAL UNIT IV:PAVING IMPROVEMENT $1,860,677.11
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version September I.2015 004243_B1d Proposal_DAP.xIs
00 42 43
DAP-BID PROPOSAL
Page 3 of 3
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Unit of Bid
No Description Specification Section No. Measure Quantity Unit Price Bid Value
UNIT V:STREET LIGHTING IMPROVEMENTS
1 2605.3015 2"CONDT PVC SCH 80(T) 26 05 33 LF 1,516
2 3441.1502 Ground Box Type B,w/Apron 3441 10 EA 40
3 3441.3002 Rdwy Illum Assembly TY 11 3441 20 EA 42
4 3441.3301 Rdwy Illum Foundation TY 1 3441 20 EA 42
5 9999.0007 #10 XHHW 00 00 00 LF 4,548
TOTAL UNIT V:STREET LIGHTING IMPROVEMENTS
Bid Summary
UNIT I:WATER IMPROVEMENTS $625,533.45
UNIT II SANITARY SEWER IMPROVEMENTS $953.843.99
UNIT III:DRAINAGE IMPROVEMENTS $561,472.28
UNIT IV:PAVING IMPROVEMENTS $1,860,677.11
UNIT V:STREET LIGHTING IMPROVEMENTS
UNIT VI:TRAFFIC SIGNAL IMPROVEMENTS
Total Construction Bidl $4,001,526.83
Contractor agrees to complete WORK for FINAL ACCEPTANCE within 180 working days after the date when the
CONTRACT commences to run as provided in the General Conditions.
END OF SECTION
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CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Vcrsion September 1.2015 004243_Bid Proposal_DAP.xIs
00 42 43
DAP-BID PROPOSAL
Page 3 of 3
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Description Specification Section No. Unit of Bid Unit Price Bid Value
No. Measure Quantity
UNIT V:STREET LIGHTING IMPROVEMENTS
1 2605.3015 2"CONDT PVC SCH 80(T) 26 05 33 LF 1,516 $9.76 $14,796.16
2 3441.1502 Ground Box Type B,w/A ron 3441 10 1 EA 40 $1.06 $40.M
3 3441.3002 Rdwy Ilium Assembly TY I 1 34 41 20 EA 42 $2,314.00 $97,188.00
4 3441.3301 Rdwy Ilium Foundation TY I 34 41 20 EA 42 $1,100.00 $46,200.00
5 9999.0007 #10 XHHW 00 00 00 LF 4,548 $172 $5,093.76
TOTAL UNIT V:STREET LIGHTING IMPROVEMENTS $163,317.92
Bid Summary
UNIT I:WATER IMPROVEMENTS
UNIT II:SANITARY SEWER IMPROVEMENTS
UNIT III:DRAINAGE IMPROVEMENTS
UNIT IV:PAVING IMPROVEMENTS
UNIT V:STREET LIGHTING IMPROVEMENTS $163,317.92
UNIT VI:TRAFFIC SIGNAL IMPROVEMENTS
Total Construction Bid $163,317.92
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
Sub itted by:
t
Richar olfe
President
08/20/2020
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVEIAPER AWARDED PROJECTS
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