HomeMy WebLinkAboutContract 54852 Received Date: Nov 17,2020
Received Time: 10:29 AM
Developer and Project Information Cover Sheet:
Developer Company Name: Meritage Homes of Texas,LLC
Address, State,Zip Code: 1 8840 Cypress Waters Blvd.#100,Coppell,TX,75019
Phone&Email: 972-580-6300,david.au hig nbaughAmeritagehomes.com
Authorized Signatory,Title: I David Aughinbaugh,Vice President,Land
Project Name: Cibolo Hills Phase 2
Brief Description: Water, Sewer,Paving, Storm Drain, Street Lights
Project Location: BUS 287 South of Bonds Ranch Road
Plat Case Number: FP-19-093 Plat Name: Cibolo Hills
Mapsco: Council District: 7
CFA Number: CFA20-0102 City Project Number: 102744
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth,Texas Page 1 of 17
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City Secretary No.: 54852
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 Meritage Homes of Texas, LLC
("Developer"),acting by and through its duly authorized representative. City and Developer are referred to
herein individually as a"party"and collectively as the"parties."
WHEREAS, Developer is constructing private improvements or subdividing land within the
corporate limits of Fort Worth, Texas or its extraterritorial jurisdiction, for a project known as
Cibolo Hills Phase 2("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.
OFFICIAL RECORD
City of Fort Worth,Texas CITY SECRETARY Page 2 of 17
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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 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, 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.
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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.
(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.
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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 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
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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,
INCLUDING DEATH,RESULTING FROM, OR INANY WAY CONNECTED WITH, THE
CONSTRUCTION OF THE IMPROVEMENTS CONTEMPLATED HEREIN, WHETHER
OR NOT SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE OR IN
PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS
OFFICERS, SERVANTS, OR EMPLOYEES. FURTHER, DEVELOPER WILL REQUIRE
ITS CONTRACTORS TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY
FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES SUFFERED BY THE CITY OR
CAUSED AS A RESULT OF SAID CONTRACTORS' FAILURE TO COMPLETE THE
WORK AND CONSTRUCT THE IMPROVEMENTS IN A GOOD AND WORKMANLIKE
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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.
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:
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CITY: DEVELOPER:
Development Coordination Office Meritage Homes of Texas, LLC
City of Fort Worth 8840 Cypress Waters Blvd. #100
200 Texas Street Coppell, TX, 75019
Fort Worth, Texas 76102
With copies to:
City Attorney's Office
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
and
City Manager's Office
City of Fort Worth
200 Texas Street
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
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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.
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 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 (1-9). Upon
request by City, Developer shall provide City with copies of all 1-9 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.
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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.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
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34.
Cost Summary Sheet
Project Name: Cibolo Hills Phase 2
CFA No.: CFA20-0102 City Project No.: 102744
Items Developer's Cost
A. Water and Sewer Construction
1. Water Construction $ 611,664.00
2.Sewer Construction $ 682,121.00
Water and Sewer Construction Total $ 1,293,785.00
B. TPW Construction
1.Street $ 1,301,516.50
2.Storm Drain $ 474,769.00
3.Street Lights Installed by Developer $ 177,040.75
4. Signals $ -
TPW Construction Cost Total $ 1,953,326.25
Total Construction Cost(excluding the fees): $ 3,247,111.25
Estimated Construction Fees:
C. Construction Inspection Service Fee $46,060.00
D. Administrative Material Testing Service Fee $25,676.00
E. Water Testing Lab Fee $2,790.00
Total Estimated Construction Fees: $ 74,526.00
Choice
Financial Guarantee Options,choose one Amount Mark one
Bond= 100% $ 3,247,111.25
Completion Agreement=100%/Holds Plat $ 3,247,111.25 x
Cash Escrow Water/Sanitary Sewer=125% $ 1,617,231.25
Cash Escrow Paving/Storm Drain= 125% $ 2,441,657.81
Letter of Credit=125% $ 4,058,889.06
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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
Dana Q"h-40ff Meritage Homes of Texas,LLC
Dana Burghdoff(Nov 13,202018:03CST) ^ _ '
Dana Burghdoff David Aughinb gh(Nov13,202011:26CST)
Assistant City Manager David Aughinbaugh
Date:
Nov 13,2020 Vice President,Land
Date: Nov 13,2020
Recommended by:
Evelyn Roberts/Jennifer Ezernack
Project Assistant
Planning and Development
Approved as to Form &Legality:
Richa A.McCracken(Nov 13,202012:25 CST) Contract Compliance Manager:
Richard A.McCracken
Sr.Assistant City Attorney By signing, I acknowledge that I am the person
M&C No. N/A responsible for the monitoring and
Date: Nov 13,2020 administration of this contract,including
ensuring all performance and reporting
Form 1295: N/A gd�aonub requirements.
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v Interim Development Manager
Mary J.Kayser/Ronald Gonzales
City Secretary/Assistant City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth,Texas Page 13 of 17
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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"1"
Changes to Standard Community Facilities Agreement
City Project No. 102744
None
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ATTACHMENT "2"
Phased CFA Provision
City Project No. 102744
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
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.
City of Fort Worth,Texas Page 16 of 17
Standard Community Facilities Agreement
Rev.10/5/19[NPC]
BY CHOOSING TO CONSTRUCT A PHASED CIA, 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,PROPERTYDAIVIAGESANDPERSONAL
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 DEATH ARISING OUT OF OR IN
CONNECTION WITH,DIRECTLY OR INDIRECTLY, THE CONSTRUCTION OF THE
IMPROVEMENTS OR DEVELOPER'S DECISION TO CONSTRUCT A PHASED CIA.
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,
FROMAND A GAINSTANYAND ALL 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 CIA, 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 CIA
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.
DEVELOPER:
MERITAGE HOMES OF TEXAS, LLC
��d
David Aughinb h(Nov 13,202011:26 CST)
David Aughinbaugh
Vice President, Land
City of Fort Worth,Texas Page 17 of 17
Standard Community Facilities Agreement
Rev.10/5/19[NPC]
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OWNER: P E LOTO N
IILAND SOLUTIONS
0 NORTH 2500' MERITAGE HOMES CIBOLO HILLS, PHASE 2 11000 FRISCO STREET
8840 CYPRESS WATERS BLVE.,SUITE 100 SUITE 400
DALLAS,EX 75019 FRISCO,TX 75033
GRAPHIC SCALE PHONE:972-580-6329 DATE: OCTOBER2020 PHONE: 00
(SHEET
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80 79 78 EXHIBIT A-WATER
OWNER: P E LOTO N
IILAND SOLUTIONS
0 NORTH 300' MERITAGE HOMES CIBOLO HILLS, PHASE 2 11000 FRISCO STREET
8840 CYPRESS WATERS BLVE.,SUITE 100 SUITE 400
DALLAS,EX 75019 FRISCO,TX 75033
GRAPHIC SCALE PHONE:972-580-6329 DATE: OCTOBER2020 469-213-
OF 1800
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III BO HI
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T TING 5 59 I
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+ Q 7 60 NOTES:
Q� 8 61 1. ALL PROPOSED SANITARY SEWER LINES
ARE 8"UNLESS OTHERWISE NOTED.
9 68 69 2. ALL SANITARY SEWER SERVICES ARE
62 64 65 66 57 SDR-26.
10 /
63 I!
11
77 75 75 74 73 72 71 70
14 EXHIBIT Al -WASTEWATER
OWNER: P E LOTO N
IILAND SOLUTIONS
0 NORTH 300' MERITAGE HOMES CIBOLO HILLS, PHASE 2 11000 FRISCO STREET
8840 CYPRESS WATERS BLVE.,SUITE 100 SUITE 400
DALLAS,EX 75019 FRISCO,TX 75033
GRAPHIC SCALE PHONE:972-580-6329 DATE: OCTOBER2020 PHONE:46 OF 1800
4 Z
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\ Q 61
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62 67
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/ 78 77 76 75 74 73 72 71 70
/ 80 79
EXHIBIT B - PAVING
OWNER: P E LOTO N
IILAN. SOLUTIONS
0 NORTH 300' MERITAGE HOMES CIBOLO HILLS, PHASE 2 11000 FRISCO STREET
8840 CYPRESS WATERS BLVE.,SUITE 100 SUITE 400
DALLAS,EX 75019 FRISCO,TX 75033
GRAPHIC SCALE PHONE:972-580-6329 DATE: OCTOBER2020 PHONE:EET40F6)00
4 Z
\ 3 CIBOLO HILLS
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57 �44 PROPOSED STORM
IBO HI \ / O 5 58 •✓ DRAIN INLET
P ASE I PROPOSED STORM
TEXT ING 6 59 DRAIN MANHOLE
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\\ I Q� 8 61 / 1 NOTES:
68 gg (/ I 1. ALL PIPES ARE 21"RCP UNLESS
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64 65
_ 62 gg 67 2. ALL CURB INLETS ARE 10'UNLESS
10 OTHERWISE SPECIFIED.
63
11
l 78 77 76 75 74 73 72 71 70
80 79
� l
EXHIBIT B1 -STORM DRAINAGE
OWNER: P E LOTO N
IILAND SOLUTIONS
0 NORTH 3001 MERITAGE HOMES CIBOLO HILLS, PHASE 2 11000FRISCOSTREET
8840 CYPRESS WATERS BLVE.,SUITE 100 SUITE 400
DALLAS,EX 75019 FRISCO,TX 75033
GRAPHIC SCALE PHONE:972-580-6329 DATE: OCTOBER2020 469-213-
OF 1800
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\ IBO HI 5 4 58 ♦ PROPOSED STREET NAME SIGNS
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74 73 72 71 70 �\ EXHIBIT Cl -
75
79 78 77 76 STREET NAME SIGNS
&STREET LIGHTS
OWNER: P E LOTO N
IILAND SOLUTIONS
0 NORTH 300' MERITAGE HOMES CIBOLO HILLS, PHASE 2 11000 FRISCO STREET
8840 CYPRESS WATERS BLVE.,SUITE 100 SUITE 400
DALLAS,EX 75019 FRISCO,TX 75033
GRAPHIC SCALE PHONE:972-580-6329 DATE: OCTOBER2020 PHONE:EET60F6)00
00 42 43
DAP-BID PROPOSAL
Page l of6
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 3311.0241 8"Water Pipe 3311 12 LF 7727 $36.00 $278,172.00
2 3312.2003 1"Water Service 33 12 10 EA 187 $950.00 $177,650.00
3 3312.3003 8"Gate Valve&Box 33 12 20 EA 32 $1,300.00 $41,600.00
4 3312.0001 Fire Hydrant 33 12 40 EA 21 $4,200.00 $88,200.00
5 3311.0001 Ductile Iron Water Fittings w/Restraint 3311 11 TN 4.07 $4,500.00 $18,315.00
6 3305.0109 Trench Safety 33 05 10 1 LF 77271 $1.00 $7,727.00
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
TOTAL UNIT I:WATER IMPROVEMENTS1 $611,664.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Farm Vasim September 1,2015 00 42 43 Bid Pmposal_DAP_RECD 2020.10.23.,d.
00 42 43
DAP-BID PROPOSAL
Page 2 of 6
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 It:SANITARY SEWER IMPROVEMENTS
1 3331.4115 8"Sewer Pipe 3311 10 LF 6441 $46.00 $296,286.00
2 3339.1001 4'Manhole 33 39 10 EA 28 $4,800.00 $134,400.00
3 0330.0001 Concrete Encase Sewer Pipe 03 30 00 Cy 380 $74.00 $28,120.00
4 3339.1101 5'Dia.Manhole 33 39 10 EA 1 $6,200.00 $6,200.00
5 3339.1102 5'Drop Manhole 33 39 10 EA 2 $7,200.00 $14,400.00
6 13339.0001 Epoxy Manhole Liner 33 39 10 VF 66 $385.00 $25,410.00
7 3305.0113 Trench Water Stops 33 05 10 EA 18 $250.00 $4,500.00
8 3331.3101 4"Sewer Service 3331 50 EA 187 $700.00 $130,900.00
9 9999.0000 Connect to Existing 4'Manhole 00 00 00 EA 3 $1,500.00 $4,500.00
10 9999.0001 Connect to Existing 8"Sanitary Sewer 00 00 00 EA 1 $1,000.00 $1,000.00
11 3305.0109 Trench Safety 33 05 10 LF 6441 $2.00 $12,882.00
12 13301.0002 Post-CCTV Inspection 3301 31 LF 6441 $3.00 $19,323.00
13 3301.0101 Manhole Vacuum Testing 3301 30 EA 28 $150.00 $4,200.00
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
TOTAL UNIT It:SANITARY SEWER IMPROVEMENTS $682,121.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Farm Vasim September 1,2015 00 42 43 Hid Pmposal_DAP_RECD 2020.10.23.,d.
00 42 43
DAP-BID PROPOSAL
Page 3 of 6
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 III:DRAINAGE IMPROVEMENTS
1 3341.0305 36"RCP,Class III 3341 10 LF 273 $105.00 $28,665.00
2 3341.0302 30"RCP,Class III 3341 10 LF 557 $80.00 $44,560.00
3 3341.0205 24"RCP,Class III 3341 10 LF 1088 $65.00 $70,720.00
4 3341.0201 21"RCP,Class III 3341 10 LF 646 $60.00 $38,760.00
5 3305.0112 Concrete Collar 33 05 17 EA 6 $500.00 $3,000.00
6 13341.2002 10x5 Box Culvert 3341 10 LF 105 $640.00 $67,200.00
7 3349.5001 10'Curb Inlet 33 49 20 EA 11 $3,200.00 $35,200.00
8 3349.5002 15'Curb Inlet 33 49 20 EA 3 $4,200.00 $12,600.00
9 3349.5003 20'Curb Inlet 33 49 20 EA 3 $5,200.00 $15,600.00
10 3349.0001 4'Storm Junction Box 33 49 10 EA 7 $5,000.00 $35,000.00
11 3349.0002 5'Storm Junction Box 33 49 10 EA 1 $6,000.00 $6,000.00
13 13349.4105 24"SET,1 pipe 33 49 40 EA 3 $3,000.00 $9,000.00
14 3349.4107 30"SET,1 pipe 33 49 40 EA 1 $3,500.00 $3,500.00
15 9999.0002 10x5 Headwall 00 00 00 EA 2 $24,500.00 $49,000.00
16 3137.0102 Large Stone Riprap,dry 31 3700 SY 561 $95.00 $53,295.00
17 3305.0109 Trench Safety 33 05 10 LF 2669 $1.00 $2,669.00
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
TOTAL UNIT III:DRAINAGE IMPROVEMENTS1 $474,769.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Farm Vasim September 1,2015 00 42 43 Hid Pmposal_DAP_RECD 2020.10.23.,d.
00 42 43
DAP-BID PROPOSAL
Page 4 of 6
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 IV:PAVING IMPROVEMENTS
1 3213.0101 6"Cone Pavement 32 13 13 SY 25,379 $35.50 $900,954.50
3 9999.0003 7.5"Cone Pavement 00 00 00 SY 1,967 $42.00 $82,614.00
3 9999.0004 4'Concrete Sidewalk 32 13 20 SF 4,035 $3.25 $13,113.75
4 9999.0005 6'Concrete Sidewalk 32 13 20 SF 12,398 $3.25 $40,293.50
5 3211.0501 6"Lime Treatment 32 11 29 SY 27,156 $3.00 $81,468.00
7 9999.0006 7.5"Lime Treatment 00 00 00 SY 2,105 $3.25 $6,841.25
9 3211.0502 8"Lime Treatment 32 11 29 SY 2105 $3.50 $7,367.50
10 3211.0400 Hydrated Lime 32 11 29 TN 565 $180.00 $101,700.00
11 3213.0501 Barrier Free Ramp,Type R-1 32 13 20 EA 4 $1,200.00 $4,800.00
12 3213.0506 Barrier Free Ramp,Type P-1 32 13 20 EA 20 $1,200.00 $24,000.00
13 9999.0007 Remove End of Road Barricade 00 00 00 EA 4 $500.00 $2,000.00
14 13471.0001 Traffic Control 3471 13 MO 1 $1,500.00 $1,500.00
15 9999.0008 Connect to Existing Pavement 00 00 00 LF 145 $20.00 $2,900.00
16 9999.0009 Remove Existing Temporary Turnaround 00 00 00 SY 762 $8.00 $6,096.00
17 3441.4002 Furnishllnstall Alum Sign Ground Mount TxDOT Std. 34 41 30 EA 18 $750.00 $13,500.00
18 3291.0100 6"Topsoil 3291 19 CY 172 $24.00 $4,128.00
19 3292.0100 Parkway Vegitation-Block Sod 32 92 00 SY 1,030 $8.00 $8,240.00
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
TOTAL UNIT IV:PAVING IMPROVEMENTS $1,301,516.50
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Farm Vasim September 1,2015 00 42 43 Hid Pmposal_DAP_RECD 2020.10.23.,d.
00 42 43
DAP-BID PROPOSAL
Page 5 of 6
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 V:STREET LIGHTING IMPROVEMENTS
1 2605.3015 2"CONDT PVC SCH 80(T) 26 05 33 LF 2,665 $14.00 $37,310.00
2 3441.3050 Furnish/Install LED Lighting Fixture 70 watt ATBO Cobra Head 34 41 20 EA 36 $650.00 $23,400.00
4 3441.3301 Rdwy Ilium Foundation TY 1,2,and 4 34 41 20 EA 36 $1,000.00 $36,000.00
5 3441.3351 FurnislVinstall Rdway Ilium TY 11 Pole 34 41 20 EA 36 $1,400.00 $50,400.00
6 3441.1646 Furnishllnstall Type 33B Arm 34 41 20 EA 36 $400.00 $14,400.00
7 3441.1410 NO 10 Insulated Elec Condr 3441 10 LF 8,395 $1.85 $15,530.75
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
TOTAL UNIT V:STREET LIGHTING IMPROVEMENTS $177,040.75
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Farm Vasim September 1,2015 00 42 43 Hid Pmposal_DAP_RECD 2020.10.23.,d.
00 42 43
DAP-BID PROPOSAL
Page 6 of 6
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
Bid Summary
UNIT I:WATER IMPROVEMENTS $611,664.00
UNIT II:SANITARY SEWER IMPROVEMENTS $682,121.00
UNIT III:DRAINAGE IMPROVEMENTS $474,769.00
UNIT IV:PAVING IMPROVEMENTS $1,301,516.50
UNIT V:STREET LIGHT IMPROVEMENTS $177,040.75
Total Construction Bid $3,247,11115
Contractor agrees to complete WORK for FINAL ACCEPTANCE within 150 working days after the date when the
CONTRACT commences to run as provided in the General Conditions.
X
Brock Huggins,President
Conatser Construction TX,L.P.
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Farm Vasim September 1,2015 00 42 43_Bid Pmposal_DAP_RECD 2020.10.23.,d.
COMPLETION AGREEMENT— SELF FUNDED
This Completion Agreement ("Agreement"), is made and entered into by and between the
City of Fort Worth, ("City") and MERITAGE HOMES OF TEXAS, an Arizona Limited Liability
Compa.n , authorized to do business in Texas, ("Developer"), effective as of the last date executed
by a Party hereto. The City and the Developer may collectively be called the "Parties".
WITNESSETH:
WHEREAS, the Developer owns that certain tract of real property that contains
approximately 53.213 acres of land located in the City, the legal description of which tract of real
property is marked Exhibit "A"—Legal Description, attached hereto and incorporated herein for
all purposes, ("Property"); and
WHEREAS, the Developer intends to develop the Property as an addition to the City
through plat FP 19-093 or FS one ; and
WHEREAS, the Developer and the City have entered into a Community Facilities
Agreement relating to the development, Cibolo Hills Phase 2 for Water, Sewer, Storm Drain,
Paving& Street Lights ("Improvements"); and
WHEREAS, the City has required certain assurances that the Developer will cause to be
constructed to City standards the Improvements pursuant to the Community Facilities Agreement;
and
WHEREAS, the Parties desire to set forth the terms and conditions of such
accommodations as are described above.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
hereinafter set forth, it is hereby agreed by and between City and Developer as follows:
1. Recitals. The foregoing recitals are true, correct and complete and constitute the basis for
this Agreement and they are incorporated into this Agreement for all purposes.
2. The Completion Amount. The City and the Developer agree that the Hard Costs(as shown
on Exhibit`B")required to complete the Community Facilities in the aggregate should not
exceed the sum of Three Million Two Hundred Forty Seven Thousand One Hundred
Eleven AND 25/100 Dollars ($3,247,111.25), hereinafter called the "Completion
Amount". Notwithstanding the foregoing, it is acknowledged that the actual costs of
City of Fort Worth, Texas
Standard Completion Agreement— Self-Funded Revised 09.07.2017 JLE
CFA Official Release Date: 07.01.2015
Page 1 of 11
completion of the Community Facilities may vary as a result of change orders agreed to by
the Parties, but such variances for the purposes of this Agreement shall not affect the
Completion Amount as used herein. City hereby waives the requirement for developer to
deposit a financial guarantee of 100% of the Hard Costs under the CFA Policy.
3. Completion by the Developer. The Developer agrees to complete the Community Facilities
and pay all Hard Costs in accordance with City standards,the CFA, the Plat, and the Plans
as approved by the City. For the purposes of this Agreement, the development of the
Property shall be deemed complete upon acceptance by the City of the Community
Facilities pursuant to Section 6, hereof.
4. Satisfaction of the City Requirements. The City agrees that the assurances and covenants
contained in this Agreement satisfy all requirements of the City with respect to Developer's
Financial Guarantee, as described in the CFA Policy, or other requirements for security in
connection with the development of the Property and the completion of the Community
Facilities that are contained in the CFA or in any other agreement relating thereto, and the
City hereby accepts the assurances and covenants contained herein in lieu thereof. To the
extent the CFA irreconcilably conflicts with this Agreement, the provisions of this
Agreement shall control.
5. Termination. This Agreement shall terminate upon the earlier to occur of the following:
(a) acceptance by the City of the Community Facilities; or(b)mutual written agreement of
the Parties.
6. Final Plat. The Parties acknowledge and agree that the City shall hold the final plat of the
Property until the Community Facilities are completed and accepted by the City and all
Hard Costs contractors have been paid, less retainage. Upon acceptance by the City and
receipt of evidence from the Developer showing that all Hard Costs contractors have been
paid, including but not necessarily limited to lien waivers and bills paid affidavits,the City
shall within a reasonable time file the final plat for the Property in the Plat Records of the
county where the Property is located. The purpose of the City retaining the final plat of
the Property as provided herein is to guarantee the Developer's obligations under the CFA
are completed.
City of Fort Worth, Texas
Standard Completion Agreement— Self-Funded Revised 09.07.2017 ME
CFA Official Release Date: 07.01.2015
Page 2 of 11
7. Construction Contracts. Developer agrees to include in each Construction contract that it
enters into for the completion of the Community Facilities the following:
A. A statement that the City is not holding any security to guarantee any payment for work
performed on the Community Facilities;
B. A statement that the Property is private property and that same may be subject to
mechanic's and materialman's liens;
C. A requirement that each contractor contracting with the Developer release the City
from any claim that is related to the Property; and
D. A requirement that each contractor contracting with the Developer include in each
subcontract the statements contained in (a), (b) and(c) above.
8. Miscellaneous.
A. Non-Assignment of Agreement. This Agreement may not be assigned by any of the
Parties without the prior written consent of all the other Parties.
B. Notice. Any notice required or permitted to be delivered under this Agreement shall
be deemed received on actual receipt by the appropriate party at the following
addresses:
(i) Notice to the City shall be addressed and delivered as follows:
City of Fort Worth
Development Services
200 Texas Street
Fort Worth, Texas 76102
Attention: Development Coordination Office
Janie Morales, Development Manager
Email: Janie.Morales@fortworthtexas.gov
Confirmation Number: 817-392-7810
and/or
CFA Division
Email: CFA(ibfortworthtexas.gov
Confirmation Number: 817-392-2025
With a copy thereof addressed and delivered as follows:
City of Fort Worth, Texas
Standard Completion Agreement— Self-Funded Revised 09.07.2017 JLE
CFA Official Release Date: 07.01.2015
Page 3 of 11
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
Attention: Richard A. McCracken
Assistant City Attorney
Confirmation Number: 817-392-7611
(ii) Notice to the Developer shall be addressed and delivered as follows:
Meritage Homes of Texas, LLC
8840 Cypress Waters Blvd, Suite 100
Coppell, TX 75019
A party may change its address for notice upon prior written notice to the other parties
pursuant to the terms hereof.
C. Texas Law to Apply. This Agreement shall be construed under and in accordance with
the laws of the State of Texas.
D. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the
Parties and their respective legal representatives, successors and assigns.
E. Legal Construction. In case any one or more of the provisions contained in this
Agreement shall for any reason is held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other
provision of this Agreement, and this Agreement shall be construed as if such invalid,
illegal, or unenforceable provision had never been contained in this Agreement.
F. Prior Agreements Superseded. This Agreement constitutes the sole and only agreement
of the Parties with respect to the subject matter hereof and supersedes any prior
understandings or written or oral agreements among the Parties concerning the subject
matter hereof.
G. Amendment. This Agreement may only be amended by a written instrument executed
by all of the Parties to this Agreement.
City of Fort Worth, Texas
Standard Completion Agreement— Self-Funded Revised 09.07.2017 JLE
CFA Official Release Date: 07.01.2015
Page 4 of 11
H. Headings. The headings that are used in this Agreement are used for reference and
convenience purposes only and do not constitute substantive matters to be considered
in construing the terms and provisions of this Agreement.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
City of Fort Worth, Texas
Standard Completion Agreement— Self-Funded Revised 09.07.2017 ME
CFA Official Release Date: 07.01.2015
Page 5 of 11
Executed in quadruplicate in each entity's respective name by its duly authorized signatories
effective as of the date executed by the City's City Manager or his/her designee.
CITY OF FORT WORTH: DEVELOPER:
Meritage Homes of Texas, LLC
Dana Burandaf�
Dana Burghdoff ov13,202018:03C5T)
Dana Burghdoff David AAuug'h_in'bY�h(Nov13,202011:26C5-0
Assistant City Manager Name: David Aughinbaugh
Title: VP of Land
Date: Nov 13,2020
Date: Nov 13,2020
Approved as to Form &Legality:
�L, r
Richa A.McCracken(Nov13,202012:25CST)
Richard A. McCracken
Assistant City Attorney
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City Secretary
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Date: ov 16,2020
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth, Texas
Standard Completion Agreement— Self-Funded Revised 09.07.2017 JLE
CFA Official Release Date: 07.01.2015
Page 6 of 11
LIST OF EXHIBITS
ATTACHMENT "I"-CHANGES TO STANDARD AGREEMENT
EXHIBIT A - LEGAL DESCRIPTION
EXHIBIT B - APPROVED BUDGET
City of Fort Worth, Texas
Standard Completion Agreement— Self-Funded Revised 09.07.2017 JLE
CFA Official Release Date: 07.01.2015
Page 7 of 11
ATTACHMENT "1"
Changes to Standard Agreement
Self-Funded Completion Agreement
None
City of Fort Worth, Texas
Standard Completion Agreement— Self-Funded Revised 09.07.2017 JLE
CFA Official Release Date: 07.01.2015
Page 8 of 11
EXHIBIT A
LEGAL DESCRIPTION
BEING A TRACT OF LAND SITUATED IN THE J.A. GILL SURVEY, ABSTRACT
NUMBER 570 AND THE B. THOMAS SURVEY, ABSTRACT NUMBER 1497, CITY OF
FORT WORTH, TARRANT COUNTY, TEXAS, BEING A PORTION OF THAT
(REMAINDER) TRACT OF LAND DESCRIBED BY DEED TO MERITAGE HOMES OF
TEXAS, LLC. RECORDED IN INSTRUMENT NUMBER D219165682, COUNTY
RECORDS, TARRANT COUNTY, TEXAS AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID REMAINDER, BEING THE
INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF MUSCOGEE DRIVE (A
VARIABLE WIDTH RIGHT-OF-WAY)AS SHOWN ON THE PLAT OF CIBOLO HILL,
PHASE 1, RECORDED IN INSTRUMENT NUMBER D218219520, SAID COUNTY
RECORDS AND THE EAST RIGHT-OF-WAY LINE OF NORTH SAGINAW BOULEVARD
(A VARIABLE WIDTH RIGHT-OF-WAY);
THENCE S 22013'27"E, 1468.17 FEET, WITH THE EAST LINE OF SAID REMAINDER
AND SAID WEST RIGHT-OF-WAY LINE, BEING THE NORTHEAST CORNER OF THAT
TRACT OF LAND DESCRIBED BY DEED TO CHAPEL HILL WEST, LLC., RECORDED
IN INSTRUMENT NUMBER D218219520, SAID COUNTY RECORDS;
THENCE DEPARTING SAID RIGHT-OF-WAY LINE WITH THE EAST LINE OF SAID
REMAINDER AND THE NORTH AND WEST LINES OF SAID CHAPEL HILL WEST
TRACT THE FOLLOWING BEARINGS AND DISTANCES:
S 61°50'51"W, 286.23 FEET;
S 05°32'57"E, 781.12 FEET;
S 07°16'22"W, 378.77 FEET, TO THE SOUTHEAST CORNER OF SAID REMAINDER,
BEING A SOUTHEAST CORNER OF SAID CIBOLO HILL, PHASE 1;
THENCE WITH THE SOUTH AND WEST LINES OF SAID REMAINDER AND THE EAST
LINE OF SAID CIBOLO HILL, PHASE 1 THE FOLLOWING COURSES AND DISTANCES:
S 81°35'51"W, 843.36 FEET;
N 09017'07"W, 139.88 FEET, TO THE BEGINNING OF A NON-TANGENT CURVE TO
THE LEFT;
WITH SAID NON-TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 40.09
FEET, THROUGH A CENTRAL ANGLE OF 04°50'08", HAVING A RADIUS OF 475.00
FEET, THE LONG CHORD WHICH BEARS N 85033'14"E, 40.08 FEET;
N 06035'54"W, 112.56 FEET;
N 02015'58"W, 50.44 FEET;
N 03003'51"E, 50.92 FEET;
N 08022'27"E, 50.06 FEET;
N 13038'04"E, 49.98 FEET;
N 18053'25"E, 49.97 FEET;
N 24008'46"E, 49.97 FEET;
N 29029'15"E, 51.60 FEET;
N 34054'53"E, 51.60 FEET;
City of Fort Worth, Texas
Standard Completion Agreement— Self-Funded Revised 09.07.2017 JLE
CFA Official Release Date: 07.01.2015
Page 9 of 11
N 40°20'30"E, 51.60 FEET;
N 45°46'08"E, 51.60 FEET;
N 51°05'18"E, 49.56 FEET;
N 53°59'58"E, 55.15 FEET;
N 54°00'28"E, 50.00 FEET;
N 35°59'30"W, 36.30 FEET;
N 54°00'30"E, 142.00 FEET;
N 35°59'30"W, 1603.72 FEET;
N 54°00'30"E, 110.00 FEET;
S 80°59'30"E, 14.14 FEET;
S 35°59'30"E, 4.52 FEET;
N 54°00'28"E, 50.00 FEET;
S 35°59'30"E, 105.48 FEET;
N 54°00'30"E, 165.00 FEET;
N 35°59'30"W, 120.00 FEET;
N 54°00'30"E, 6.87 FEET;
N 35°59'32"W, 50.00 FEET;
S 54°00'30"W, 4.50 FEET;
N 80°59'30"W, 14.14 FEET;
N 35°59'30"W, 110.00 FEET, TO THE SOUTH END OF A CORNER CLIP, AT THE
INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF NUNA WAY (A 50 FOOT
RIGHT-OF-WAY)AND THE AFOREMENTIONED SOUTH RIGHT-OF-WAY LINE OF
MUSCOGEE DRIVE;
THENCE N 09000'30"E, 14.14 FEET, WITH SAID CORNER CLIP TO THE NORTH END OF
SAID CORNER CLIP, BEING THE NORTHWEST CORNER OF SAID REMAINDER;
THENCE WITH THE NORTH LINE OF SAID REMAINDER AND SAID SOUTH RIGHT-
OF-WAY LINE THE FOLLOWING COURSES AND DISTANCES:
N 54000'24"E, 24.01 FEET, TO AT THE BEGINNING OF A CURVE TO THE RIGHT;
WITH SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF 282.87 FEET, THROUGH A
CENTRAL ANGLE OF 34029'01", HAVING A RADIUS OF 470.00 FEET, THE LONG
CHORD WHICH BEARS N 71°15'01"E, 278.62 FEET;
N 88°29'31"E, 285.32 FEET, TO THE BEGINNING OF A CURVE TO THE LEFT;
WITH SAID CURVE TO THE LEFT, AN ARC DISTANCE OF 108.05 FEET, THROUGH A
CENTRAL ANGLE OF 20040'15", HAVING A RADIUS OF 299.50 FEET, THE LONG
CHORD WHICH BEARS N 78009'23"E, 107.47 FEET;
THENCE N 67049'16"E, 218.15 FEET, WITH SAID COMMON LINE TO THE POINT OF
BEGINNING AND CONTAINING 2,317,974 SQUARE FEET OR 53.213 ACRES OF LAND
MORE OR LESS.
City of Fort Worth, Texas
Standard Completion Agreement— Self-Funded Revised 09.07.2017 JLE
CFA Official Release Date: 07.01.2015
Page 10 of 11
EXHIBIT B
APPROVED BUDGET
Section I
Water $611,664.00
Sewer $682,121.00
Sub-total $1,293,785.00
Section II
Interior Streets $1,301,516.50
Storm Drains $474,769.00
Sub-total $1,776,285.50
Section III
Street Lights $177,040.75
Sub-total $177,040.75
TOTAL $3,247,111.25
City of Fort Worth, Texas
Standard Completion Agreement— Self-Funded Revised 09.07.2017 ME
CFA Official Release Date: 07.01.2015
Page 11 of 11