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Home My WebLink AboutContract 55818Received Date: 06/09/21 Received Time: 8�25 am Developer and Project Information Cover Sheet: Developer Company Name: D.R. Horton — Texas, LTD Address, State, Zip Code: 6751 N. Freeway, Fort Worth, TX, 76131 Phone & Email: 817-230-0800, bmclark e,drhorton.com Authorized Signatory, Title: Benjamin Clark, Assistant Vice President Project Name: Chapel Creek Phase 5 Brief Description: Water, Sewer, Paving, Storm Drain, Street Lights Project Location: 10861 Chapel Creek Boulevard Plat Case Number: FP-19-009 Mapsco: CFA Number: CFA19-0040 Plat Name: Chapel Creek Phase 5 Council District: 3 City Project Number: City of Fort Worth, Texas Standard Community Facilities Agreement with City Participation Rev. 4/2/20 02048 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City Secretary Number: 55818 STANDARD COMMUNITY FACILITIES AGREEMENT WITH CITY PARTICIPATION This COMMUNITY FACILITIES AGREEMENT ("Agreement") is made and entered into by and between the City of Fort Worth ("City"), a home-rule municipal corporation of the State of Texas, acting by and through its duly authorized Assistant City Manager, and D.R Horton - Texas, LTD. ("Developer"), acting by and through its duly authorized representative. City and Developer are referred to herein individually as a"party" and collectively as the "parties." WHEREAS, Developer is constructing private improvements or subdividing land within the corporate limits of Fort Worth, Texas or its extraterritorial jurisdiction, for a project known as Chapel Creek Phase 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 Proj ect, 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 to enlarge the scope of the Improvements beyond what Developer is responsible for constructing by oversizing the Developer's arterial road construction to construct: the off-premise portions of the southern two lanes of Westpoint Drive from Academy Boulevard to the western property boundary of Chapel Creek Phase 5; the eastern two lanes of Academy Boulevard from Westpoint Drive to the northern property boundary of Chapel Creek Phase 5; the northern two lanes of Amber Ridge Drive from Settlement Plaza to 110 feet west of Street D of Chapel Creek Phase 5; and the southern two lanes of Amber Ridge Drive from Settlement Plaza to Alameda Street; and WHEREAS, the City's participation in this Agreement shall be in an amount not to exceed $1,344,975.33 as authorized by the City Council through approval of M&C 20-0927 on December 15, 2020 ("City Participation"); and WHEREAS the City Participation includes reimbursement to Developer in an amount not to exceed $1,269,223.91 for construction costs, $43,228.30 for en ing eerin� costs, and $32,52312 for ri h�t- of-wa.�. The City Participation shall not include any obligation by the City to reimburse Developer City of Fort Worth, Texas Standard Community Facilities Agreement with City Participation Rev. 4/2/20 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX for material testing costs, or to pay for any construction inspection fees, administrative material testing costs, or water lab testing fees; and WHEREAS, the Developer and the City desire to enter into this Agreement in connection with the collective Improvements for the Project; NOW, THEREFORE, for and in consideration of the covenants and conditions contained herein, the City and the Developer do hereby agree as follows: 1. CFA Ordinance The Community Facilities Agreements Ordinance ("CFA Ordinance"), as amended, is incorporated into this Agreement by reference, as if it was fully set forth herein. Developer agrees to comply with all provisions of the CFA Ordinance in the performance of Developer's duties and obligations pursuant to this Agreement and to cause all contractors hired by Developer to comply with the CFA Ordinance in connection with the work performed by the contractors. If a conflict exist between the terms and conditions of this Agreement and the CFA Ordinance, the CFA Ordinance shall control. 2. Incorporation of Engineering Plans The engineering plans for the Improvements that have been approved by the City ("Engineering Plans") are incorporated into this Agreement by reference as if fully set out herein. Developer shall provide at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to construct the Improvements required by this Agreement. 3. Description of Improvements; Exhibits and Attachments The following exhibits describe the general location, nature and extent of the Improvements that are the subject of this Agreement and are attached hereto and incorporated herein by reference: � Exhibit A: Water � Exhibit A-1: Sewer 0 Exhibit B: Paving ❑X 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 P1ans, the Engineering Plans shall control. If applicable, Attachment 1— Changes to Standard Community Facilities Agreement, Attachment 2— Phased CFA Provisions, and Attachment 3— Concurrent CFA Provisions, are attached hereto and incorporated herein for all purposes. 4. Construction of Improvements City of Fort Worth, Texas Page 3 of 17 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 Developer agrees to cause the construction of the Improvements contemplated by this Agreement and that said construction shall be completed in a good and workmanlike manner and in accordance with all City standards and specifications, the Engineering Plans, the Cost Estimates provided for the Improvements, and this Agreement. Developer acknowledges that City will not accept the Improvements until the City receives affidavits and lien releases signed by Developer's contractors verifying that the contractors, and all subcontractors and material suppliers, have been paid in full for constructing the Improvements, and consent of the surety on payment and performance bonds provided for the Improvements. 5. Financial Guarantee Developer has provided the City with a financial guarantee in the form and amounts set forth in this Agreement which guarantees the construction of the Improvements and payment by Developer of all contractors, subcontractors, and material suppliers for the Improvements ("Financial Guarantee"). Developer shall keep the Financial Guarantee in full force and effect until released by the City and shall not reduce the amount of the Financial Guarantee unless authorized by the City in accordance with the CFA Ordinance. 6. Completion Deadline; Extension Periods This Agreement shall be effective on the date this Agreement is executed by the City's Assistant City Manager ("Effective Date"). Developer shall complete construction of the Improvements and obtain the City's acceptance of the Improvements within two (2) years of the Effective Date ("Term"). 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. City of Fort Worth, Texas Page 4 of 17 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 (d) Nothing contained herein is intended to limit the Developer's obligations under the CFA Ordinance, this Agreement, the Financial Guarantee, Developer's agreements with Developer's contractors, or other related agreements. 8. Termination If Developer desires to terminate this Agreement before Developer's contractors begin constructing the Improvements, Developer agrees to the following: (a) that Developer and City must execute a termination of this Agreement in writing; (b) that Developer will vacate any final plats that have been filed with the county where the Project is located; and (c) to pay to the City all costs incurred by the City in connection with this Agreement, including time spent by the City's inspectors at preconstruction meetings. 9. Award of Construction Contracts (a) Developer will award all contracts for the construction of the Improvements and cause the Improvements to be constructed in accordance with the CFA Ordinance. (b) Developer will employ construction contractors who meet the requirements of the Ciry to construct the Improvements including, but not limited, to being prequalified, insured, licensed and bonded to construct the Improvements in the City. (c) Developer will require Developer's contractors to provide the City with payment and performance bonds naming the City and the Developer as dual obligees, in the amount of one hundred percent (100%) of the cost of the Improvements as required by the CFA Ordinance. The payment and performance bonds shall guarantee construction of the Improvements and payment of all subcontractors and material suppliers. Developer agrees to require Developer's contractors to provide the City with a maintenance bond naming the City as an obligee, in the amount of one hundred percent (100%) of the cost of the Improvements, that guarantees correction of defects in materials and workmanship for the Improvements by the contractor and surety for a period of two (2) years after completion and final acceptance of the Improvements by the City. All bonds must be provided to the City before construction begins and must meet the requirements of the City's Standard Conditions, Chapter 2253 of the Texas Government Code, and the Texas Insurance Code. (d) Developer will require Developer's contractors to provide the City with insurance equal to or in excess of the amounts required by the Ciry'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 Certiiicate 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 City of Fort Worth, Texas Page 5 of 17 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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. (� 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. (h) Developer shall ensure the contractors are paid the City's wage rates in effect during construction of the Improvements. 10. Utilities Developer shall cause the installation or adjustment of utilities required to: (1) serve the Project; and (2) to construct the Improvements required herein. City shall not be responsible for payment of any costs that may be incurred by Developer in the relocation of any utilities that are ar 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 ANYCHARACTER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ONACCOUNT OFANYINJURIES OR DAMAGES SUSTAINED BYANYPERSONS, INCL UDING DEATH, OR TO ANY PROPERTY, RESULTING FROM OR IN CONNECTION WITH THE CONSTRUCTION, DESIGN, PERFORMANCE OR COMPLETION OF ANY WORK TO BE PERFORMED BY SAID DEVELOPER, ITS CONTRACTORS, SUBCONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, OR IN CONSEQUENCE OF ANY FAILURE TO PROPERLYSAFEGUARD THE WORK, OR ONACCOUNT OFANYACT, INTENTIONAL OR OTHERWISE, NEGLECT OR MISCONDI�CT OF SAID DEVELOPER, ITS CONTRACTORS, StIB-CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, WHETHER OR NOT SUCH INJURIES, DEATH OR DAMAGES ARE CALTSED, IN WHOLE City of Fort Worth, Texas Page 6 of 17 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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 MANNER, FREE FROM DEFECTS, IN CONFORMANCE WITH THE CFA ORDINANCE, AND INACCORDANCE WITHALL 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 Ciry the right to enforce such contracts as an express intended third party beneficiary of such contracts. 14. Estimated Fees Paid by Developer; Reconciliation Priar 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 wi11 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 estimatedpayments made by the Developer, the Developer must pay the difference to the City before the Improvements wi11 be accepted by the City. If the actual costs of the fees are less than the estimated payments made by the Developer, the City wi11 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 City of Fort Worth, Texas Page 7 of 17 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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 Ciry will accept the Improvements. 16. Notices All notices required or permitted under this Agreement may be given to a party by hand- delivery or by mail, addressed to such party at the address stated below. Any notice so given shall be deemed to have been received when deposited in the United States mail so addressed with postage prepaid: CITY: Development Coordination Of�ce City of Fort Worth 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 DEVELOPER: D.R. Horton — Texas, LTD. 6751 N. Freeway Fort Worth, TX 76131 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 City of Fort Worth, Texas Page 8 of 17 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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, seroants, officers, contractors, subcontractors, and volunteers shall operate as independent contractors as to all rights and privileges and work performed under this Agreement, and not as agents, representatives or employees of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Developer shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer acknowledges that the doctrine of respondeat superior shall not apply as between the City and its officers, representatives, agents, servants and employees, and Developer and its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Developer. It is further understood that the City shall in no way be considered a co-employer or a joint employer of Developer or any employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers of Developer. Neither Developer, nor any officers, agents, servants, employees or subcontractors of Developer shall be entitled to any employment benefits from the City. Developer shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of employees, representatives, agents, seroants, 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 City of Fort Worth, Texas Page 9 of 17 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 The failure of the City to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely on any such term or right on any future occasion. 21. Governmental Powers and Immunities. It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities. 22. Headings The paragraph headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. 23. Severability In the event that any clause or provision of this Agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not affect any of the remaining provisions hereof. 24. Review of Counsel City and Developer, and if they so choose, their attorneys, have had the opportunity to review and comment on this document; therefore any rule of contract construction or interpretation that would normally call for the document to be interpreted as against the drafting party shall not apply in interpretation of this Agreement, and each section, portion, and provision of this Agreement shall be construed solely on the basis of the language contained therein, regardless of who authored such language. 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 verifcation from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" have the meanings ascribed to those terms by Chapter 2271 of the Texas Government Code. To the extent that Chapter 2271 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not boycott Israel; and (2) will not boycott Israel during the term of this Agreement. 26. Immigration and Nationality Act City of Fort Worth, Texas Page 10 of 17 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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, modifcation, or alteration of the terms of this Agreement shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by the City and Developer. 28. Assignment and Successors Developer shall not assign or subcontract all or any part of its rights, privileges, or duties under this Agreement without the prior written consent of City. Any attempted assignment or subcontract without the City's prior written approval shall be void and constitute a breach of this Agreement. 29. No Third-Party Beneficiaries The provisions and conditions of this Agreement are solely for the benefit of the City and Developer, and any lawful assign or successor of Developer, and are not intended to create any rights, contractual or otherwise, to any other person or entity. 30. Compliance with Laws, Ordinances, Rules and Regulations Developer, its officers, agents, servants, employees, and contractors, shall abide by and comply with all laws, federal, state and local, including all ordinances, rules and regulations of City. It is agreed and understood that, if City calls to the attention of Developer any such violation on the part of Developer or any of its officers, agents, servants, employees, or subcontractors, then Developer shall immediately desist from and correct such violation. 31. Signature Authority The person signing this Agreement on behalf of Developer warrants that he or she has the legal authority to execute this Agreement on behalf of the Developer, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The City is fully entitled to rely on this warranty and representation in entering into this Agreement. City of Fort Worth, Texas Page ll of 17 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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 construction costs in an amount not to exceed $1,269,223.91 for items eligible to be paid with transportation impact fees. The City Participation shall not include any reimbursement to Developer for material testing fees, construction inspection fees, administrative material testing fees, or water testing fees. During construction of the Improvements, Developer will receive applications for payment from Developer's contractors. Developer shall verify that each application for payment is due and payable under the construction contracts between Developer and the contractors and that the Improvements that are the subject of the application for payment have been constructed. Developer shall submit payment requests to the City, in the form of an invoice, no more frequently than one time per month to obtain reimbursement of the City Participation (each a"Payment Request"). Each Payment Request shall be delivered to the City by email with the subject reading "Reimbursement Request Chapel Creek Phase 5 CPN 102048" delivered to Mirian. Spencer(a�fortworthtexas.gov. Each Payment Requested submitted by Developer shall be accompanied with proof that Developer has paid the contractors for the amount included in the Payment Request, and an affidavit and lien release from the contractors indicating that Developer has paid the contractors in full for the amount included in each Payment Request and the contractors have paid all subcontractors and material suppliers in full. City will withhold 5% retainage for each payment of City Participation made by the City to Developer. The retainage shall be paid to Developer after construction of the Improvements is completed and the City has accepted the Improvements by executing the green sheet for the Improvements. (b) The City shall reimburse Developer for engineering costs in the amount of $43,228.30 and right- of-way costs in the amount of $32,523.12 after Developer delivers an invoice to the City, with proof of the costs and Developer's payment of the costs, by email with the subject reading "Reimbursement Request Chapel Creek Phase 5 CPN 102048" delivered to Mirian.Spencer(a�fortworthtexas. _o�v. (c) The City Participation approved by the City Council was based upon an engineer's estimate of the cost and is insufficient to cover the full cost of the Improvements City intends to pay for. City intends to seek approval of the City Council for additional City Participation for the City to pay for the remaining costs of the Improvements the City intends to participate in. If the City Council does not approve the additional City Participation, City will allow Developer to revise the Engineering Plans to reduce the scope of the oversized Improvements. City of Fort Worth, Texas Page 12 of 17 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 (d) 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 13 of 17 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 35. Cost Summary Sheet Project Name: Chapel Creek Phase 5 CFA No 19-0040 IPRC No. 19-0033 City Project No.: 102048 Items De�lopers Cost City's Cost Total Cost A. Water and Sewer Construction 1. Water Construction $ 860,955.00 $ - $ 860,955.00 2. SewerConstruction $ 1,174,180.00 $ - $ 1,174,180.00 Water and Sewer Construction Total $ 2,035,135.00 $ - $ 2,035,135.00 B. TPW Construction 1.City Pa�ing 2. Arterial Pa�ing 3. Local Pa�ing 2. Public Storm Drain 3. City Street Lights 4. Arterial Street Lights 4. Local Street Ligh TPW Construction Cost Total Total Construction Cost (excluding the fees): $ 249,209.13 $ 1,135,286.01 $ 1,384,495.14 $ 1,288,461.75 $ - $ 1,28$461.75 $ 1,656,129.50 $ - $ 1,656,129.50 $ 1,625,840.33 $ 54,61479 $ 1,680,455.12 $ 17,412.39 $ 79,323.10 $ 96,735.49 $ 250,312.00 $ - $ 250,312.00 $ 182,732.17 $ $ 182,732.17 $ 5,270,097.27 $ 1,269,223.90 $ 6,539,321.17 $ 7,305,232.27 $ 1,269,223.90 $ 8,574,456.17 Estimated Construction Fees: C. Construction Inspection Service Fee $101,500.00 $ - $101,500.00 D. Administrati�.e Material Testing Ser+�ice Fee $63,700.00 $ - $63,700.00 E. Water Testing Lab Fee $2,400.00 $ - $2,400.00 Total Estimated Construction Fees: $ 167,600.00 $ $ 167,600.00 F. Design (Remaining Cost) $ 43,228.30 $ 43,228.30 G. ROW Acquisition (Remaining Cost) $ 32,523.72 $ 32,523.12 TOTALPROIECTCOST $ 7,472,832.27 $ 1,344,975.32 $ 8,817,807.59 Choice (Mark Financial Guarantee O tions, choose one Amount one Bond=100% $ 8,574,456.17 x City of Fort Worth, Texas Page 14 of 17 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 IN WITNESS WHEREOF, the City and Developer have each executed this Agreement by their duly authorized signatories to be effective on the date executed by the City's Assistant City Manager. CITY OF FORT WORTH �GiGIGI� L�GI�GIGlGtO�F oa�a ��r�z, zozi�:io� Dana Burghdoff Assistant City Manager Date: J u n 2, 2021 Recommended by: �� Evelyn Robe s(May 27, 202122:10 CDT) Evelyn Roberts/Jennifer Ezernack Project Assistant Development Services Department Approved as to Form & Legality.• "��— Richard A. Mdracken (May 28, 20211052 CDT) Richard A. McCracken Sr. Assistant City Attorney M&C No. 20-0927 Date: 12/15/20 Form 1295: 2020-690604 ATTEST: �� /� �` DEVELOPER D. R. Horton — Texas, LTD. �� B�7; Benjamin M Clark (May 27, 2021 21:11 CDTI Name: Benjamin Clark Title: Assistant Vice President Date: May 27, 2021 Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and ,�,�0�C'�'�n�� administration of this contract, including '� `�R�' � � OF000��000ly�d ensuring all performance and reporting ��► ° o�� requirements. ��o d ��o o�id v° °_ �// 0 0 ° ° d �� o o * � G:e2%! �— �2�G� G'� �� op p ,cy J� ie Scarlett Morales (May 28, 202110:43 CDT) �� EXAS-o.ap Janie Scarlett Morales Development Manager Mary J. Kayser/ Ronald Gonzales City Secretary / Assistant City Secretary City of Fort Worth, Texas Standard Community Facilities Agreement with City Participation Rev. 4/2/20 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX The following attachments are incorporated into this Agreement. To the extent a contlict 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 X❑ Location Map X❑ 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 0 Cost Estimates (Remainder of Page Intentionally Left Blank) City of Fort Worth, Texas Page 16 of 17 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 ATTACHMENT "1" Changes to Standard Community Facilities Agreement City Project No. 102048 Negotiated changes are contained in the body of the Agreement. City of Fort Worth, Texas Page 17 of 17 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 00 42 43 DAP - BID PROPOSAL Page I of7 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 1: WATER IMPROVEMENTS 1 0241.1118 4"-12" Pressure Plug 02 41 14 EA 5 $500.00 $2,500.00 2 3201.0127 10' Wide Asphalt Pvmt Repair, Arterial 32 01 17 �F 10 $100.00 $1,000.00 3 3305.0003 8" Waterline Lowering 33 05 12 EA 12 $2,500.00 $30,000.00 4 3305.0109 Trench Safety 33 05 10 LF 12033 $1.00 $12,033.00 5 3311.0001 Ductile Iron Water Fittings w/ Restraint 33 11 11 TON 1.7 $5,000.00 $8,500.00 6 3311.0261 8" PVC Water Pipe 33 11 12 LF 12033 $34.00 $409,122.00 7 3312.0001 Fire Hydrant & Gate Value 33 12 40 EA 14 $4,500.00 $63,000.00 8 3312.2003 1" Water Service (domestic) 33 12 10 EA 271 $950.00 $257,450.00 9 3312.2003 1" Water Service (irrigation) 33 12 10 EA 13 $1,000.00 $13,000.00 10 3312.2203 2" Water Service (irrigation) 33 12 10 EA 1 $2,200.00 $2,200.00 11 3312.3003 8" Gate Valve 33 12 20 EA 23 $1,250.00 $28,750.00 12 3312.3003 8" Gate Valve (Pressure Plane Valve) 33 12 20 EA 2 $1,450.00 $2,900.00 13 3312.4308 30" x 24" Tapping Sleeve & Valve 33 12 25 EA 2 $14,500.00 $29,000.00 14 3471.0013 Traffic Control 34 71 14 MO 1 $1,500.00 $1,500.00 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 7: WATER IMPROVEMENTS $860,955.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECI'S Form Version May22, 2079 00 42 43_Bid Proposal_Wa[er,SS, SD, PV.xls 00 42 43 DAP - BID PROPOSAL Page 2 of 7 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 2: SANITARY SEWER IMPROVEMENTS 1 0241.2015 Remove 12" Sewer Line 02 41 14 LF 401 $20.00 $8,020.00 2 3137.0102 Large Stone Riprap, dry 31 37 00 SY 361 $125.00 $45,125.00 3 3301.0002 Post-CCTV Inspection 33 01 31 LF 11072 $4.00 $44,288.00 4 3301.0101 Manhole Vacuum Testing 33 01 30 EA 47 $150.00 $7,050.00 5 3303.0001 Bypass Pumping 33 03 10 LS 1 $8,500.00 $8,500.00 6 3305.0109 Trench Safety 33 05 10 LF 11072 $2.00 $22,144.00 7 3305.0202 Imported Embedment/Backfill, CSS 33 05 10 LF 1001 $12.00 $12,012.00 8 3331.3101 4" Sewer Service 33 31 50 EA 285 $650.00 $185,250.00 9 3331.4115 8" Sewer Pipe 33 31 20 LF 11072 $38.00 $420,736.00 10 3331.4117 8" Sewer Pipe, Select Backfill 33 11 10 �F 920 $48.00 $44,160.00 11 3331.4215 15" Sewer Pipe DIP 33 11 10 LF 401 $120.00 $48,120.00 12 3339.0003 Liner - 4' Sewer MH 33 39 60 VF 174 $385.00 $66,990.00 13 3339.1001 4' Manhole 33 39 10 EA 42 $4,370.00 $183,540.00 14 3339.1002 4' Drop Manhole 33 39 10 EA 3 $7,000.00 $21,000.00 15 3339.1003 4' Extra Depth Manhole 33 39 10 VF 257 $185.00 $47,545.00 16 3305.0116 Concrete Encasement for Utility Pipes 33 05 10 CY 41 $200.00 $8,200.00 17 3471.0013 Traffic Control 34 71 14 MO 1 $1,500.00 $1,500.00 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 45 TOTAL UNIT 2: SANITARY SEWER IMPROVEMENTS $1,174,180.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECI'S Form Version May22, 2079 00 42 43_Bid Proposal_Wa[er,SS, SD, PV.xls 00 42 43 DAP - BID PROPOSAL Page 3 of 7 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 3: DRAINAGE IMPROVEMENTS 1 0241.0800 Remove Rip Rap 02 41 13 SF 765 $2.00 $1,530.00 2 0241.4401 RemoveHeadwall/SET 024114 EA 2 $1,000.00 $2,000.00 3 3125.0101 SWPPP >_ 1 acre 31 25 00 LS 1 $2,500.00 $2,500.00 4 3137.0102 Large Stone Riprap, dry 31 37 00 SY 1,226 $125.00 $153,250.00 5 3305.0109 Trench Safety 33 05 10 LF 8,131 $1.00 $8,131.00 6 3292.0400 Seeding, Hydromulch 32 92 13 SY 55763 $2.00 $111,526.00 7 3341.0201 21" RCP, Class III 33 41 10 LF 683 $65.00 $44,395.00 8 3341.0205 24" RCP, Class III 33 41 10 LF 1,819 $70.00 $127,330.00 9 3341.0208 27" RCP, Class III 33 41 10 LF 86 $76.00 $6,536.00 10 3341.0302 30" RCP, Class III 35 41 10 LF 589 $90.00 $53,010.00 11 3341.0302 33" RCP, Class III 36 41 10 LF 283 $100.00 $28,300.00 12 3341.0309 36" RCP, Class III 38 41 10 LF 1,788 $110.00 $196,680.00 13 3341.0402 42" RCP, Class III 33 41 10 LF 817 $135.00 $110,295.00 14 3341.0409 48" RCP, Class III 33 41 10 LF 518 $160.00 $82,880.00 15 3341.0502 54" RCP, Class III 33 41 10 LF 1,286 $210.00 $270,060.00 16 3341.0602 60" RCP, Class III 33 41 10 LF 29 $240.00 $6,960.00 17 3341.0701 72" RCP, Class III 33 41 10 LF 233 $340.00 $79,220.00 18 3349.0001 4' Storm Junction Box 33 49 10 EA 10 $6,000.00 $60,000.00 19 3349.0002 5' Storm Junction Box 33 49 10 EA 4 $8,500.00 $34,000.00 20 3349.0003 6' Storm Junction Box 33 49 10 EA 5 $16,500.00 $82,500.00 21 3349.5001 10' Curb Inlet 33 49 20 EA 7 $3,200.00 $22,400.00 22 3349.5002 15' Curb Inlet 33 49 20 EA 18 $4,200.00 $75,600.00 23 3349.5003 20' Curb Inlet 34 49 20 EA 1 $5,200.00 $5,200.00 24 3349.6001 10' Recessed Inlet 33 49 20 EA 7 $4,200.00 $29,400.00 25 3349.6003 20' Recessed Inlet 33 49 20 EA 5 $6,400.00 $32,000.00 26 3349.7001 4' Drop Inlet 33 49 20 EA 3 $4,500.00 $13,500.00 27 3349.0004 7' Storm Junction Box 33 49 10 EA 1 $17,500.00 $17,500.00 28 3349.0006 11' x 11' Junction Box (Cast in Place) 33 49 10 EA 1 $25,300.00 $25,300.00 29 3349.0006 12' x 12' Junction Box (Cast in Place) 33 49 10 EA 1 $38,400.00 $38,400.00 30 3349.XXXX 24" Sloping Headwall 33 39 40 EA 2 $3,000.00 $6,000.00 31 3349.XXXX 27" Sloping Headwall 33 39 40 EA 1 $3,500.00 $3,500.00 32 3349.XXXX 36" Sloping Headwall 33 39 40 EA 3 $4,000.00 $12,000.00 33 3349.XXXX 42" Sloping Headwall 33 39 40 EA 2 $5,000.00 $10,000.00 34 3349.XXXX 48" Sloping Headwall 33 39 40 EA 2 $5,500.00 $11,000.00 35 3349.XXXX 54" Sloping Headwall 33 39 40 EA 3 $6,500.00 $19,500.00 36 3349.XXXX 72" Sloping Headwall 33 39 40 EA 2 $9,500.00 $19,000.00 37 3349.1005 30" Flared Headwall, 1 pipe 33 39 40 EA 1 $4,500.00 $4,500.00 38 3349.1007 36" Flared Headwall, 1 pipe 34 39 40 EA 1 $5,500.00 $5,500.00 39 3349.2011 48" Parallel Headwall, 1 pipe 33 49 40 EA 1 $8,500.00 $8,500.00 40 9999.0015 Outfall Weir Structure 33 49 10 EA 2 $42,500.00 $85,000.00 41 9999.0018 Concrete Lined Channel and Flume 31 37 00 SY 259 $105.00 $27,195.00 42 43 44 45 TOTAL UNIT 3: DRAINAGE IMPROVEMENTS $1,932,098.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECI'S Form Version May22, 2079 00 42 43_Bid Proposal_Wa[er,SS, SD, PV.xls 00 42 43 DAP - BID PROPOSAL Page 4 of 7 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 4: PAVING IMPROVEMENTS 1 3211.0400 Hydrated Lime 32 11 29 TON 812 $180.00 $146,160.00 2 3211.0501 6" Lime Treatment 32 11 29 SY 40,605 $3.00 $121,815.00 3 3213.0101 6" Conc Pvmt (4,000 PSI) 32 13 13 SY 36,914 $35.50 $1,310,447.00 4 3213.0301 4" Conc Sidewalk 32 13 20 SF 9,350 $3.25 $30,387.50 5 3213.0501 Barrier Free Ramp, Type R-1 32 13 20 EA 12 $1,200.00 $14,400.00 6 3213.0506 Barrier Free Ramp, Type P-1 32 13 20 EA 18 $1,200.00 $21,600.00 7 3471.0001 Traffic Control 34 71 13 MO 1 $1,500.00 $1,500.00 8 9999.0010 Remove EOR Barricade 00 00 00 EA 1 $200.00 $200.00 9 TxDOT 05406005 Terminal Anchor Section 00540 EA 2 $1,500.00 $3,000.00 10 TxDOT 05406001 MTL W-BEAM GD FEN (TIM POST) 00540 LF 54 $30.00 $1,620.00 11 TxDOT 05446001 Guardrail End Treatment (Install) 00544 EA 1 $5,000.00 $5,000.00 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 4: PAVING IMPROVEMENTS $1,656,129.50 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECI'S Form Version May22, 2079 00 42 43_Bid Proposal_Wa[er,SS, SD, PV.xls 00 42 43 DAP - BID PROPOSAL Page 5 of 7 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 5: ON SITE ARTERIAL PAVING IMPROVEMENTS CREDITS 1 0241.1100 Remove Apshalt Pvmt 02 41 15 SY 3708 $12.00 $44,496.00 2 3211.0400 Hydrated Lime 32 11 29 TON 361 $180.00 $64,980.00 3 3211.0502 8" Lime Treatment 32 11 29 SY 18050 $3.50 $63,175.00 4 3212.0303 3" Asphalt Pvmt Type D 32 12 16 SY 307 $20.00 $6,140.00 5 3212.0503 6" Asphalt Base Type B 32 12 16 SY 307 $40.00 $12,280.00 6 3213.0102 7" Conc Pvmt (4,000 PSI) 32 13 13 SY 5112 $42.00 $214,704.00 7 3213.0103 8" Conc Pvmt (4,000 PSI) 32 13 13 SY 5243 $48.00 $251,664.00 8 3213.0104 9" Conc Pvmt (4,000 PSI) 32 13 13 SY 5747 $54.00 $310,338.00 9 3213.0301 4" Conc Sidewalk 32 13 20 SF 60151 $3.25 $195,490.75 10 3213.0501 Barrier Free Ramp, Type R-1 32 13 20 EA 4 $1,200.00 $4,800.00 11 3213.0506 Barrier Free Ramp, Type P-1 32 13 20 EA 10 $1,200.00 $12,000.00 12 3291.0100 Topsoil 32 91 19 CY 2329 $24.00 $55,896.00 13 3292.0100 Block Sod Placement 32 92 13 SY 4662 $6.00 $27,972.00 14 3292.0400 Seeding, Hydromulch 32 92 13 SY 9313 $2.00 $18,626.00 15 3471.0001 Traffic Control 34 71 13 MO 1 $4,500.00 $4,500.00 16 9999.0010 Remove EOR Barricade 00 00 00 EA 2 $200.00 $400.00 17 9999.0011 Install EOR Barricade 00 00 00 EA 2 $500.00 $1,000.00 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 45 TOTAL UNIT 5: ON SITE ARTERIAL PAVING IMPROVEMENTS CREDITS $1,288,461.75 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECI'S Form Version May22, 2079 00 42 43_Bid Proposal_Wa[er,SS, SD, PV.xls 00 42 43 DAP - BID PROPOSAL Page 6 of 7 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 6: OFFSITE ARTERIAL PAVING IMPROVEMENTS CITY 1 0241.1100 Remove Asphalt Pvmt 02 41 15 SY 4,402 $12.00 $52,824.00 2 3211.0400 Hydrated Lime 32 11 29 TON 340 $180.00 $61,200.00 3 3211.0502 8" Lime Treatment 32 11 29 SY 17003 $3.50 $59,510.50 4 3212.0303 3" Asphalt Pvmt Type D 32 12 16 SY 33 $20.00 $660.00 5 3212.0503 6" Asphalt Base Type B 32 12 16 SY 33 $40.00 $1,320.00 6 3213.0103 8" Conc Pvmt (4,000 PSI) 32 13 13 SY 13413 $48.00 $643,824.00 7 3213.0104 9" Conc Pvmt (4,000 PSI) 32 13 13 SY 2011 $54.00 $108,594.00 8 3213.0301 4" Conc Sidewalk 32 13 20 SF 58,748 $3.25 $190,931.00 9 3216.0101 6" Conc Curb and Gutter 32 16 13 LF 3707 $4.00 $14,828.00 10 3217.0001 4" SLD Pvmt Marking HAS (W) 32 17 23 LF 410 $2.00 $820.00 11 3217.0002 4" SLD Pvmt Marking HAS (Y) 32 17 23 LF 4259 $2.00 $8,518.00 12 3217.0003 4" BRK Pvmt Marking HAS (W) 32 17 23 LF 2980 $2.00 $5,960.00 13 3217.0501 24" SLD Pvmt Marking HAE (W) 32 17 23 LF 71 $20.00 $1,420.00 14 3217.1002 Lane Legend Arrow 32 17 23 EA 1 $750.00 $750.00 15 3291.0100 Topsoil 32 91 19 CY 6696 $24.00 $160,704.00 16 3292.0100 Block Sod Placement 32 92 13 SY 13406 $6.00 $80,436.00 17 3292.0400 Seeding, Hydromulch 32 92 13 SY 26743 $2.00 $53,486.00 18 3471.0001 Traffic Control 34 71 13 MO 1 $4,500.00 $4,500.00 19 9999.0010 Remove EOR Barricade 00 00 00 EA 7 $200.00 $1,400.00 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 6: OFFSITE ARTERIAL PAVING IMPROVEMENTS CITY $1,451,685.50 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECI'S Form Version May22, 2079 00 42 43_Bid Proposal_Wa[er,SS, SD, PV.xls 00 42 43 DAP - BID PROPOSAL Page 7 of 7 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 UNIT 2: SANITARY SEWER IMPROVEMENTS UNIT 3: DRAINAGE IMPROVEMENTS UNIT 4: PAVING IMPROVEMENTS UNIT 5: ONSITE ARTERIAL PAVING IMPROVEMENTS (CREDITS) UNIT 6: OFFSITE ARTERIAL PAVING IMPROVEMENTS (CITY) Total Construction Bid This Bid is submitted by the entity named below: BIDDER: Couatscr Constructiou'I'X, L.P. $327 �1-ichit.i St. Fort �i'orth, 'I'k 76119 Contractor agrees to complete WORK for FINAL ACCEPTANCE within CONTRACT commences to run as provided in the General Conditions. BY: Rruck Iluggins �eSrl� TITLE: Presidcnt DATE: END OF SECTION 250 working days after the date when the $860,955.00 $1,174,180.00 $1,932,098.00 $1,656,129.50 $1,288,461.75 $1,451,685.50 75 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECI'S Form Version May22, 2079 00 42 43_Bid Proposal_Wa[er,SS, SD, PV.xls 00 �z as DAP - BID PROPOSAL Pa�e 1 of 4 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project [tem [nfomiation Biddeis Proposal Bidlist Item Specification Unit of Bid No. Description Unit Price Bid Value Section No. Measure Quantity UNIT 1: STREET LIGHTING IMPROVEMENTS 1 2605.3015 2" CONDT PVC SCH 80(T) 26 05 33 LF 2529 $12.13 $30,676.77 2 3441.1410 NO 10 Insulated Elec Condr 31 41 10 LF 7587 $1.20 $9,104.40 3 3441.3001 Rdwy Illum Assmbly TY 1,4, and 6 31 41 20 EA 42 $1,838.00 $77,196.00 4 3441.3301 Rdwy Illum Foundation TY 1,2, and 4 31 41 20 EA 42 $1,123.00 $47,166.00 5 3441.4003 Furnish/Install Alum Sign Ground Mount City Std. 34 41 30 EA 2g $641.00 $18,589.00 6 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 44 45 TOTAL UNIT 1: STREET LIGHTING IMPROVEMENTS $182,732.17 CITY OF FORT WORTH STANDARD CONSTRUCTfON SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 92 43 Bid Proposal_Street Lighting V2 - Independent Utilip' 2021-04-08 0o az a3 DAP-BIDPROPOSAL Page 2 of d SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project I[em Information Bidder's Proposa] Bidlist Item Specification Unit of Bid No Description Unit Price Bid Value Sechon No. Measiue Quantity UNIT 2: ONSITE ARTERIAL STREET LIGHTING IMPROVEMENTS CREDITS 1 2605.3015 2" CONDT PVC SCH 80(T) 26 05 33 LF 5100 $10.00 $51,000.00 2 3441.1405 NO 2 Insulated Elec Condr 34 41 10 LF 20400 $3.13 $63,852.00 3 3441.1501 Ground Box Type B 34 41 10 EA g $603.00 $3,618.00 4 3441.1772 Furnish/Install 240-480 Volt Metered Pedestal 34 41 20 EA 3 $6,178.00 $18,534.00 5 3441.3003 Rdwy Illum Assmbly TY 18,18A,19, and D-40 34 41 20 EA 26 $3,042.00 $79,092.00 6 3441.3302 Rdwy Illum Foundation TY 3,5,6, and 8 34 41 20 EA 26 $1,316.00 $34,216.00 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 44 45 TOTAL UNIT 2: STREET LIGHTING IMPROVEMENTS ARTERIALS $250,312.00 C11'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version Ma}� 22, 20I9 00 42 �3 Bid Proposal_Stree[ Lighting V2 - Independent Utifity 2021-04-08 0o az a� DAP - BID PROPOSAL Pa;e 3 of d SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Infonnation Bidder's Proposal Bidlist Item Specification Unit of Bid No. Descnption Unit Price Bid Value Sechon No. Measure Quantity UNIT 3: OFFSITE ARTERIAL STREET LIGHTING IMPROVEMENTS CITY 1 2605.3015 2" CONDT PVC SCH 80(T) 26 05 33 LF 2242 $10.00 $22,420.00 2 3441.1405 NO 2 Insulated Elec Condr 34 41 10 LF 8g68 $3.13 $28,069.84 3 3441.1501 Ground Box Type B 34 41 10 EA 5 $603.00 $3,015.00 4 3441.1772 Furnish/Install 240-480 Volt Metered Pedestal 34 41 20 EA 1 $6,178.00 $6,178.00 5 3441.3003 Rdwy Illum Assmbly TY 18,18A,19, and D-40 34 41 20 EA 12 $3,042.00 $36,504.00 6 3441.3302 Rdwy Illum Foundation TY 3,5,6, and 8 34 41 20 EA 12 $1,316.00 $15,792.00 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 44 45 TOTAL UNIT 3: OFFSITE STREET LIGHTING IMPROVEMENTS ARTERIALS $111,978.84 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 42 43 Bid Proposal_Street Lighting V2 - Independen[ U[iliN 2021-04-08 0o az a� DAP - BID PROPOSAL Page 1 of 3 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Infonnation Biddei s Proposal Bidlist Item Specification Unit of Bid No. Description Unit Price Bid Value Section No. Measure Qua�itiry Bid UNIT 2: ONSITE ARTERIAL STREET LIGHTING IMPROVEMENTS (CREDITS) UNIT 3: OFFSITE ARTERIAL STREET LIGHTING IMPROVEMENTS (CITI� Total Construction Bid This Bid is submitted by the entity named below: BIDDER: �ii.�'i �w� "� . Fort W'orth. BY: T[TLE: " _;, 1,::� DATE: . . _ , J Cantractor a�rees to complete WORK for FINAL ACCEPTANCE within CONTRr1CT commences to run as provided in the General Condifions. C[TY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Fortn Version May 22, 2019 $182,732.17 $250,312.00 $111,978.84 'S workin� days after the date when the END OF SECTION 00 42 d3 Bid Pmposal_Street Lighting V2 - Independen[ Utility 202I-04-08 0 w � w J � w � 0 W i W � z 0 � Q � U �N L.L � H U . � /� . . - , - �� I � ^ � _ ,'f I I : . � , ��; , � —_I I— �-��-,,,,� ! : : ;�: .� - �,;� ; , �.,, _ �_ i U p; W �� , OU _ � O � ,,,,,,.,� J �- � _- . . �. ;J - `� ' ' �� _ ' _ µ�� `� . 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Horton - Texas, LTD. with City Participation in an Amount Not to Exceed $1,600,000.00 to Construct Off-Premise Arterials Adjacent to Chapel Creek Phase 5; Adopt Appropriation Ordinances, and Amend the FY2021-2025 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of a Community Facilities Agreement with D.R. HoRon - Texas, Ltd. with City participation in an amount not to exceed $1,600,000.00 to construct off-premise arterial sections adjacent to Chapel Creek Phase 5; 2. Adopt the attached Appropriation Ordinance adjusting receipts and appropriations in the Transportation Impact Fee Capital Legacy Fund by increasing receipts and appropriations in the CFA - Chapel Creek Phase 5 project (City Project No. 102048) in the amount of $1,369,394.98 and decreasing receipts in the Revenue - Service Area S- Transportation Impact Fee project (City Project No. UN9922) by the same amount; 3. Adopt the attached Appropriation Ordinance adjusting receipts and appropriations in the Transportation Impact Fee Capital Fund by increasing receipts and appropriations in the CFA Chapel Creek Phase 5 project (City Project No. 102048) in the amount of $230,605.02 and decreasing receipts in the Revenue - Service Area S- Transportation Impact Fee Fund (City Project No.UN9922) by the same amount; and 4. Amend the FY2021-2025 Capital Improvement Program. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of a Community Facilities Agreement (CFA) with D.R. Horton - Texas, Ltd., the Developer of Chapel Creek Phase 5(City Project No 102048), a residential subdivision located generally east of Chapel Creek Boulevard, south of Westpoint, north of Interstate Highway (IH-20), and west of Alameda Street. The Development is required to construct the arterials within the development project to provide access and to satisfy the rough proportionality requirements for the development. The City desires to participate in the CFA to oversize the Developer's arterial road construction requirement to construct the off-premise portions of the southern two lanes of Westpoint Drive from Academy Boulevard to the western property boundary of Chapel Creek Phase 5, the eastern two lanes of Academy Boulevard from Westpoint Drive to the northern property boundary of Chapel Creek Phase 5, the northern two lanes of Amber Ridge Drive from Settlement Plaza to 110 feet west of Street D of Chapel Creek Phase 5, and the southern two lanes of Amber Ridge Drive from Settlement Plaza to Alameda Street. The City is participating in the cost of the road construction in order to complete the full, east/west connection of Amber Ridge from Chapel Creek to Loop 820, provide north/south connectivity from Westpoint to IH-20, and increase capacity along Westpoint from Academy to Alameda through this area, and ensure the full-width of the Master Thoroughfare Plan (MTP) cross-sections is constructed with Phase 5 of the development. The M&C authorize City participation in the developer project and takes the financial actions necessary with funding the City participation in the project. The table below reflects the city cost contributions for the costs and related fees for the over sizing. Project Proposed City Costs Improvements Chapel Creek Ph. 5 (CP � 102048) � Construction $1,212,085.00 ROW Acquisition $120,912.00 Stormwater $22,527.00 Engineering, Material $244,476.00 Testing & Inspection Chapel Creek Ph. 5 (City Participation TOTAL) 51,600,000.00 This project is located within the Transportation Impact Fee Service Area S and was identified as impact fee eligible in the most recent Transportation Impact Fee Study. The Transportation Impact fee funding provides the City participation in the Developer project. Any residual funds remaining after project closure are to be returned to the Revenue - Service Area S- Transportation Impact Fees project (City Project No.UN9922). In accordance with Chapter 212, Subchapter C of the Texas Local Government Code, the City's participation in the contract is exempt from competitive bidding requirements because the contract is for oversizing public improvements being constructed by the Developer, the Developer will execute a pertormance bond to cover the total project cost, including all of the City's cost participation. The City's cost participation will be determined in accordance with the City's CFA Unit Price Ordinance. Transportation Impact Fee Funding for this project was not included in the FY2021-2025 Capital Improvement Program. Due to the increased scope of the Developer project, City funds were added. The action of this M&C will amend the FY2021-2025 Capital Improvement Program as approved in connection with Ordinance No. 24446-09-2020. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are currently available in the Revenue - SA S- Transp Imp Fees within the Trans Impact Fee Capital Legacy Fund and the Transportation Impact Fee Capital Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the Trans Impact Fee Capital Legacy Fund and the Transportation Impact Fee Cap Fund for the CFA-Chapel Creek Phase 5 project to support the approval of the above recommendations and execution of the community facilities agreement. Prior to an expenditure being incurred, the Development Services Department has the responsibility of verifying the availability of funds. Submitted for City Manager's Office b� Dana Burghdoff 8018 Originating Business Unit Head: D.J. Harrell 8032 Additional Information Contact: Mirian Spencer 8702