HomeMy WebLinkAboutContract 55841Received Date: 06/14/2021
Received Time: 4:27 PM
Developer and Project Information Cover Sheet:
Developer Company Name: Legends of Hanna Ranch, Ltd.
Address, State, Zip Code: 10410 Windermere Lakes Blvd., Houston, TX, 77065
Phone & Email: 281-671-9000, Ltrapolino(a�,academyhouston.com
Authorized Signatory, Title: Louis Trapolino, Vice President
Project Name:
Brief Description:
Project Location:
Plat Case Number:
Sanitary Sewer Interceptor Improvements M-295 & M-329
Sewer
Mapsco:
CFA Number: CFA20-0035
SE Fort Worth Everman
Plat Name:
Council District:
City Project Number:
{411042/00060/01479640.DOCX 1 }
City of Fort Worth, Texas
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
�FFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City Secretary Number: 55841
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 Legends of Hanna Ranch, 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, City and Developer entered into a Design Procurement Agreement for the design for
replacing public sanitary sewer mains M-295 and M-395, City Secretary Contract Number 53891 as
amended ("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 Developer's private development, Developer is required
to bear a portion of the costs of municipal infrastructure by constructing the public infrastructure necessary
for the Developer's private development; and
WHEREAS, Developer will construct the public infrastructure necessary for the Project as
described in this Agreement ("Community Facilities" or "Improvements"); and
WHEREAS, the City's participation in this Agreement shall be in an amount not to exceed
$7,574,786.00 to enlarge the scope of the Improvements beyond what Developer is responsible for
constructing for the Developer's private development as authorized by City Council through approval of
M&C 21-0286 on April 13, 2021 ("City Participation"); and
WHEREAS, City is responsible for 94.25% of the cost and Developer is responsible for 5.75% of
the cost of the Improvements consisting of replacement of sanitary sewer M-295 and M-329, which is
identified as Unit 1 in the construction plans ("Unit 1"); and
WHEREAS, the City is responsible for 100% of the cost of the Improvements consisting of
replacement of sanitary sewer M-329 from the manhole at the intersection of Wichita Street and Lee Street
to the manhole northeast of the intersection of Thompson Street and E. Trammel Avenue which is identified
as Unit 2 in the construction plans ("Unit 2"); and
WHEREAS, the City Participation includes reimbursement to Developer in an amount not to
exceed $7,236,439.66 for construction costs and $144,728.80 for material testing. The remaining City
Participation in the amount of $193,616.77 will cover the City's portion of inspection fees and
administrative material testing fees which will not be paid to Developer; and
�FFICIAL RECORD
{411042/00060/0147964o.DOCX 1} CITY SECRETARY
City of Fort Worth, Texas
Standard Community Facilities Agreement with City Participation FT. WORT�..�, T�(
Rev. 4/2/20
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 (`Bngineering
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
❑X Exhibit A-1: Sewer
❑ Exhibit B: Paving
❑ Exhibit B-1: Storm Drain
❑ Exhibit C: Street Lights & Signs
The Location Map and Cost Estimates are also attached hereto and incorporated herein by
reference. To the extent that Exhibits A, A-1, B, B-1, C, the Location Map, or the Cost Estimates
conflict with the Engineering Plans, the Engineering Plans shall control. If applicable, Attachment 1—
Changes to Standard Community Facilities Agreement, Attachment 2— Phased CFA Provisions,
Attachment 3— Concurrent CFA Provisions, and Attachment 4— Connection to Sewer Line, 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
{411042/00060/01479640.DOCX 1 }
City of Fort Worth, Texas Page 3 of 18
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
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) If, before the expiration of the Term, and any Extension Period, Developer breaches this
Agreement, becomes insolvent, or fails to pay costs of construction ("Event of Default"), City shall
provide Developer with written notice describing the Event of Default in reasonable detail.
Developer must commence curing such Event of Default within thirty (30) calendar days after
receiving written notice from the City and complete the cure within thirty (30) calendar days from
the date of commencement of the cure. If Developer does not cure such Event of Default within
the stated time period, 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.
(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.
{411042/00060/01479640.DOCX 1 }
City of Fort Worth, Texas Page 4 of 18
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 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 Ciry with a maintenance bond naming the Ciry 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 ar 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 Proj ect 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
{411042/00060/01479640.DOCX 1 }
City of Fort Worth, Texas Page 5 of 18
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
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.
(� 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 Ciry.
(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 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
ANYCHARACTER, WHETHER REAL OR ASSERTED, BROtIGHT FOR OR ONACCOtINT
OFANYINJURIES OR DAMAGES SUSTAINED BYANYPERSONS, INCL UDING DEATH,
OR TO ANY PROPERTY, RESULTING FROM OR IN CONNECTION WITH THE
CONSTRIICTION, 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, SUB-CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES,
{411042/00060/01479640.DOCX 1 }
City of Fort Worth, Texas Page 6 of 18
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
WHETHER OR NOT SUCH INJURIES, DEATH OR DAMAGES ARE CALISED, IN WHOLE
OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS
OFFICERS, SERVANTS, OR EMPLOYEES.
(c) DEVELOPER'S CONTRACTS WITH ITS CONTRACTORS 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'S CONTRACTS WITH ITS
CONTRACTORS 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' FAIL URE TO COMPLETE THE WORK AND CONSTR UCT THE
IMPROVEMENTS INA GOOD AND WORKMANLIKE MANNER, FREE FROMDEFECTS,
IN CONFORMANCE WITH THE CFA ORDINANCE, AND IN ACCORDANCE WITH ALL
PLANS AND SPECIFICATIONS.
13.
Right to Enforce Contracts
Upon completion of all work associated with the construction of the Improvements, Developer will
assign to the City a non-exclusive right to enforce the contracts entered into by 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
Priar to execution of this Agreement, Developer has paid to the City the Developer's portion of 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 Developer's portion 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 Developer's portion 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 of the Developer portion 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 wi11 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.
{411042/00060/01479640.DOCX 1 }
City of Fort Worth, Texas Page 7 of 18
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
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 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 Office
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
DEVELOPER:
Legends of Hanna Ranch, Ltd.
Attn: Louis Trapolino
10410 Windermere Lakes Blvd
Houston, Texas 77065
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
{411042/00060/01479640.DOCX 1 }
City of Fort Worth, Texas
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
With copies to:
Academy Development
Attn: Bob Devillier
10410 Windermere Lakes Blvd
Houston, Texas 77065
and
Academy Development
Attn: Kyle Kirkland
1315 FM ll 87, Suite 1 ll
Mansfield, Texas 76063
and
Hoover Slovacek LLP
Attn: David N. Morrell, Jr.
5051 Westheimer, Suite 1200
Houston, Texas 77056
Page 8 of 18
Or to such other address one party may hereafter designate by notice in writing addressed and
mailed or delivered to the other party hereto.
17.
Right to Audit
Developer agrees that, until the expiration of three (3) years after acceptance by the City of the
Improvements constructed pursuant to this Agreement, that the City shall have access to and the right to
examine any directly pertinent books, documents, papers and records of the Developer involving
transactions relating to this Agreement. Developer agrees that the City shall have access during normal
working hours to all necessary Developer facilities and shall be provided adequate and appropriate
workspace in order to conduct audits in compliance with the provisions of this section. The City shall give
Developer reasonable advance notice of intended audits.
Developer further agrees to include in all contracts with Developer's contractors for the
Improvements a provision to the effect that the contractor agrees that the City shall, until the expiration of
three (3) years after final payment under the contract, have access to and the right to examine any directly
pertinent books, documents, papers and records of such contractor, involving transactions to the contract,
and further, that City shall have access during normal working hours to all of the contractor's facilities, and
shall be provided adequate and appropriate work space in order to conduct audits in compliance with the
provisions of this section. City shall give Developer's contractors reasonable advance notice of intended
audits.
18.
Independent Contractor
It is expressly understood and agreed that Developer and its employees, representative, agents,
servants, officers, contractors, subcontractors, and volunteers shall operate as independent contractors as to
all rights and privileges and work performed under this Agreement, and not as agents, representatives or
employees of the City. Subject to and in accordance with the conditions and provisions of this Agreement,
Developer shall have the exclusive right to control the details of its operations and activities and be solely
responsible for the acts and omissions of its employees, representatives, agents, servants, officers,
contractors, subcontractors, and volunteers. Developer acknowledges that the doctrine of respondeat
superior shall not apply as between the City and its officers, representatives, agents, servants and
employees, and Developer and its employees, representatives, agents, servants, officers, contractors,
subcontractors, and volunteers. Developer further agrees that nothing herein shall be construed as the
creation of a partnership or joint enterprise between City and Developer. It is further understood that the
City shall in no way be considered a co-employer or a joint employer of Developer or any employees,
representatives, agents, servants, officers, contractors, subcontractors, and volunteers of Developer.
Neither Developer, nor any officers, agents, servants, employees or subcontractors of Developer shall be
entitled to any employment benefits from the City. Developer shall be responsible and liable for any and
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
{411042/00060/01479640.DOCX 1 }
City of Fort Worth, Texas Page 9 of 18
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
This Agreement shall be construed under and in accordance with Texas law. Venue shall be in
the state courts located in Tarrant County, Texas or the United States District Court for the Northern
District of Texas, Fort Worth Division.
20.
Non-Waiver
The failure of the City to insist upon the performance of any term or provision of this Agreement
or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent
of City's right to assert or rely on any such term or right on any future occasion.
21.
Governmental Powers and Immunities.
It is understood that by execution of this Agreement, the City does not waive or surrender
any of its governmental powers or immunities.
22.
Headings
The paragraph headings contained herein are for the convenience in reference and are not intended
to define or limit the scope of any provision of this Agreement.
23.
Severability
In the event that any clause or provision of this Agreement shall be held to be invalid by any
court of competent jurisdiction, the invalidity of such clause or provision shall not affect any of the
remaining provisions hereof.
24.
Review of Counsel
City and Developer, and if they so choose, their attorneys, have had the opportunity to review
and comment on this document; therefore any rule of contract construction or interpretation that would
normally call for the document to be interpreted as against the drafting party shall not apply in
interpretation of this Agreement, and each section, portion, and provision of this Agreement shall be
construed solely on the basis of the language contained therein, regardless of who authored such
language.
25.
Prohibition on Boycotting Israel
Developer acknowledges that in accordance with Chapter 2271 of the Texas Government Code,
the City is prohibited from entering into a contract with a company with 10 or more full-time employees
that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City for
goods or services unless the contract contains a written verification from the company that it: (1) does not
boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel"
{411042/00060/01479640.DOCX 1 }
City of Fort Worth, Texas Page 10 of 18
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
and "company" have the meaning 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
Developer shall verify the identity and employment eligibility of its employees who perform work
under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon
request by City, Developer shall provide City with copies of all I-9 forms and supporting eligibility
documentation for each employee who performs work under this Agreement. Developer shall adhere to all
Federal and State laws as well as establish appropriate procedures and controls so that no services will be
performed by any Developer employee who is not legally eligible to perform such services. DEVELOPER
SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,
LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY DEVELOPER,
DEVELOPER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written
notice to Developer, shall have the right to immediately terminate this Agreement for violations of this
provision by Developer.
27.
Amendment
No amendment, modification, or alteration of the terms of this Agreement shall be binding unless
the same is in writing, dated subsequent to the date hereof, and duly executed by the City and Developer.
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.
{411042/00060/01479640.DOCX 1 }
City of Fort Worth, Texas Page 11 of 18
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
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 authoriry has been
granted by proper order, resolution, ordinance or other authorization of the entity. The City is fully entitled
to rely on this warranty and representation in entering into this Agreement.
32.
Counterparts
This Agreement may be executed in multiple counterparts, each of which will be deemed an
original, but which together will constitute one instrument.
33.
Entire Agreement
This written instrument, together with any attachments, exhibits, and appendices, constitutes the
entire understanding between the City and Developer concerning the work to be performed hereunder, and
any prior or contemporaneous, oral or written agreement that purports to vary from the terms hereof shall
be void.
34.
City Participation; Fiscal Funding Limitation
(a) City will pay Developer 94.25% of the construction costs for Unit 1 and 100% of the construction
cost for Unit 2 in an amount not to exceed $7,236,439.66. City will pay Developer 94.25% of the
material testing laboratory costs for Unit 1 and 100% of the material testing laboratory costs for
Unit 2 in an amount not to exceed $144,728.80. The remaining City Participation in the amount of
$193,616.77 shall not be paid to Developer by the City, but will be used by the City to pay the
City's share of construction inspection fees and administrative material testing fees.
(b) As construction of the Improvements commences, Developer will receive applications for payment
from Developer's contractor. Developer shall verify that each application for payment is due and
payable under the construction contract between Developer and the contractor and that the
Improvements that are the subj ect 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 every
two weeks in order 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/Hanna Ranch M295 M329" and delivered to
DSWS@FORTWORTHTEXAS.GOV.
(c) Each Payment Request may seek reimbursement of 94.25% of the Unit 1 Improvements that have
been constructed and 100% of the Unit 2 Improvements that have been constructed. Commencing
with the second Payment Request, Developer shall provide an affidavit of payment and lien release
signed by the Developer's contractor covering the amount of the previous Payment Request. Each
affidavit and lien release shall verify Developer's payment to the contractor for the previous
Payment Requests and the contractor's payment to all subcontractors and material suppliers of all
amounts owed in connection with the previous Payment Requests. The City shall pay the amount
of each Payment Request to Developer within 30 days after receiving the invoice. City shall have
{411042/00060/01479640.DOCX 1 }
City of Fort Worth, Texas Page 12 of 18
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
no obligation to pay Developer for the second Payment Request or any subsequent Payment
Request until Developer provides the City with the affidavit of payment and lien release signed by
Developer's contractor verifying Developer's payment to the contractor for the previous Payment
Requests and the contractor's payment to all subcontractors and material suppliers of all amounts
owed in connection with the previous Payment Requests.
(d) City shall reimburse developer for the City's share of material testing laboratory costs (94.25°/o of
Unit 1 and 100% of Unit 2), after the Improvements are constructed and accepted by the City
(commonly referred to as the green sheet). Developer shall submit an invoice to the City with
copies of all invoices from the material testing laboratory to Developer and proof of payment by
Developer to the material testing laboratory.
(e) Prior to being entitled to receive a notice to proceed to construction from the City for the Project,
Developer shall reimburse City for 5.75% of the cost of all easements necessary for the Project, in
the amount of $16,502.34.
(fj 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.
35.
Connection to Sewer Line
Developer intends to complete construction of the Improvements in this Agreement from the "begin
project location" to "Sanitary Sewer Manhole A1-13", as more specifically depicted in Attachment 4 which
is attached hereto and incorporated herein by reference, (the "M-295 Partial Sewer"), before completing
the remaining Improvements in this Agreement. Once the M-295 Partial Sewer has been constructed to the
satisfaction of the City and passed all inspections and testing (minor punchlist items excluded), the City
will allow the sanitary sewer Developer constructs to serve Hanna Ranch Phase Two, City Project Number
102443, to connect to and begin using the M-295 Partial Sewer while Developer completes construction of
the remaining Improvements.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
{411042/00060/01479640.DOCX 1 }
City of Fort Worth, Texas Page 13 of 18
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
36.
Cost Summary Sheet
Project Name: Hanna Ranch SS M-295 & M-329
CFA No CFA20-0035 IPRC No. IPRC20-0005 City Project No.: 102152
Items
A. Sewer Construction Unit 1
1. Sewer Construction
Estimated Construction Fees:
B. Construction Inspection Service Fee
C. Administrative Material Testing Service Fee
D. Estimated Material Testing Cost
Total Estimated Construction Fees:
Total Cost Unit 1
A. Sewer Construcion Unit 2
1. Sewer Construction
Estimated Construction Fees
B. Construction Inspection Service Fee
C. Administrative Material Testing Service Fee
D. Estimated Material Testing Cost
Total Estimated Construction Fees:
Total Cost Unit 2
Total Cost Unit 1& Unit 2
Financial Guarantee Options, choose one
Bond = 100%
Completion Agreement = 100% / Holds Plat
Cash Escrow Water/Sanitary Sewer= 125%
Cash Escrow Paving/Storm Drain = 125%
Letter of Credit = 125°/a
Developer's Cost 5.75% City's Cost 94.25°/o Total Cost
$ 363,559.34 $ 5,959,211.81 $ 6,322,771.15
$8,593.37 $140,856.63 $149,450.00
$943.86 $15,471.14 $16,415.00
$7,271.19 $119,184.24 $126,455.43
$ 16,808.42 $ 275,512.01 $ 292,320.43
$ 380,367.76 $ 6,234,723.82 $ 6,615,091.58
Developer Cost City Cost 100% Total Cost
S - S 1,z��,zz�.ss 5 1,z��,zz�.ss
$ - $ 34,300.00 $ 34,300.00
$ - $ 2,989.00 $ 2,989.00
$ - $ 25,544.56 $ 25,544.56
$ - $ 39,833.56 $ 39,833.56
$ 1,340,061.41 $ 1,340,061.41
$ 380,367.76 $ 7,574,785.23 $ 7,955,152.99
Choice
Amount (Mark one)
761 x
{411042/00060/01479640.DOCX 1 }
City of Fort Worth, Texas Page 14 of 18
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
15� 8r.�gGcr%�
Dana Burghdoff ( n 11, 20 1333 CDT)
Dana Burghdoff
Assistant City Manager
Date: Jun 11, 2021
Recommended by:
���� ����
Evelvn Ro s(Jun 9.202110:13 CDTI
Evelyn Roberts/Jennifer Ezernack
Project Assistant
Development Services Department
Approved as to Form & Legality:
7�% -
Richar A. Mdracken (Jun 10, 202113:46 CDT)
Richard A. McCracken
Sr. Assistant City Attorney
M&C No. 21-0286
Date: 4/13/2]
Form 1295: 2121-732250
ATTEST:
�,�`'` /� G,��._
,d4UU��
��
4
a �' �o�oR���a�
o d
0
P �o ° ��d
�Vo o=(�
° o a
o �
� a� �EXASaa
a�o
Mary J. Kayser/ Ronald Gonzales
City Secretary / Assistant City Secretary
{411042/00060/01479640.DOCX 1 }
City of Fort Worth, Texas
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
DEVELOPER
Legends of Hanna Ranch, Ltd
���
LouisTrapolino IJun 9, 20210920 CDTj
Name: Louis Trapolino
Title: Vice President
Date: Jun 9, 2021
Contract Compliance Manager:
By signing, I acknowledge that I am the person
responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
�%Gi�llG� c�G��G�� /�%�Gi�2t
Janie Scarlett Morales (Jun 10, 202113:11 CDT)
Janie Scarlett Morales
Development Manager
�FFICIAL 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
� Attachment 4— Connection to Sewer Line
X❑ 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)
{411042/00060/01479640.DOCX 1 }
City of Fort Worth, Texas Page 16 of 18
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
ATTACHMENT "1"
Changes to Standard Community Facilities Agreement
City Project No. 102152
Negotiated changes are contained in the body of the Agreement.
{411042/00060/01479640.DOCX 1 }
City of Fort Worth, Texas Page 17 of 18
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
ATTACHMENT "4"
. : `�'
1Ma -
�'
� a —
N', � S lL L� _ .
�og =':
;�ryd
b 1 � ___'"-- I S�OABI3NS
���A � ? � � � ro
� �-�w � , ,�.,. ..
O y. � a� ��j..r,�i- � O
� �T'���v ..�. 'r r ; � i
a
- � !� -1 �'j 1.� � ': .,
� �i�.�J t - . , _ . ' ' ' _
G J y,
m � �I• ,f� � ��� x ��"",
$ F. � i "'ita'� Y..� w y x Ej'
,- �,r � ��J �,� 1., l ^� F�
�- . �-,i . '.,... `�„ cT,�
_ �: .�. ^_}' -�' =, ��,t-.. � ��! y�4 8
u--- rf .�. � � a r ❑. �� •� � r��
rc
�
a �, �. . .i�`��
� ' � ti;� '�e'�i�>� �1�.��
I ��1; R 1
;� � y '9,�t�ri
} 4 . .,�`�,e '
N'1UIN �Ji;,�" " a► �_ ,.�
�I l�
H \
. ., . .. . III f '.
w _L
= f1 / ',
�' �n �
��:
�� �;
� � »� • I
� � I xv. u�.r 1
� " �. q
• � � w �I
� � � �
m �
O � �_ O
TNLS3UOM � J.h]-.�FeRrowM � ll{.l5ar^�,
. �... � -� � �
� �
� ' � � I �.� r--d. �
}" � -2`• 2
��� � �� � � �"�'' '` . �' �` �
I g� ��
� ; q� , � ,�,wd
���-L`�_�1 � �; �' ,��� ��.. �
_-� L t
� �lf�' '�� �1 . . J T
rJ ; � j �, I
♦
r j �la]. .'�-' �`t
I �ei.
� a s J .. . nj
r o � � .Z
__�., ti `� .,,: s
`t
�s.'�i T
- _ ,,�r•. � WI
! �H� I
�" � ..... �� �T.:._, �
�i ���� �.�R-_ .... '/ m� 71
i.. �
��"` � � ': � � t �FF _ _ — ___
� 1`�:=.-.:.• �r �� ,,,�
; � � ��,b�, ' �"`�� " �
� ->�:�-,�;s.�s. d� s
1 � � � ��OP� ~�j"� A3 :M .
h3 "-_ F' [
�+ V ��C �
��,,, � /_l__ , . �.
��* 7 -� � �� 3���° a n}
Ut �
�� _.�� � � --
� ��K''opn �e
. + r.� � r
_ �sruw o a
� .
� ,-r .,• , � - • .
0
. 1
{411042/00060/01479640.DOCX 1 }
City of Fort Worth, Texas
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
,H i�s+o,
.. �.t I NM
� � I �� A� �3'J
��1{� !n
�I WS�y\� J
f I ��
� �', � N
T�NOTJ�
� '� �aarn sa�wro
,.1
:{i�
�l SbWCH1
�I
JF1 .J
:,
wwro � `
i
N
z�
w
f?
w�
UZ
odz
w�
�
z�w
ww..
��z
xwo
a`�a
=U
QQO
��
U
Q�
xa
;i
�1
:�!
���
Page 18 of 18
3/18/2021
00 9' 43 Unil 1
DAP - Bm PROYOSAL
Pagt I oF'_
SECTION 00 42 43
Developer Awarded Projects - PROPOSAL FORM
Saiiieary Sewer li►tcrce�lor Impro��emeuts M-295 and M-329
UNIT 1 PRICE BID Bidder's Application
Project Item InFoimation Bidder's Proposal
Bidlistltem Uni[of Specification
No. Descrip[ion Measure Section No B'd Quantity Uni[ Price Bid Value
llNIT 7: SANITARY SEWER IMPR�VEMENTS STA 1Qt46.967fl STA �38�88.44
1A" 3331 4416 36" Sewer Pipe (ASTM F679 PS115), CSS Backfill LF 3; 11 10, 33 31 ZO NO BID NO BID
1B* 3331.4422 36" Fiber lass Sewer Pipe (D3262 SN72), CSS Backfill LF 33 31 13 20 $191.00 $3.820
2A" 3331 4414 36" Sewer Pipe (ASTM F679 PS115) LF 3;11 10,13 31 1 018 NO BID NO BID
2B' 3331.4421 36" Fiberqlass Sewer Pi e(D3262 SN72) LF 37 31 13 1.018 $183.00 $186.294
3A' 3331.4402 30" Sewer Pipe (ASTM F679 PS115), CSS Backfill LF 3 i 11 10, 33 31 175 NO BID NO BID
3B' 3331 4409 30" Fiber lass Sewer Pipe (D3262 SN72), CSS Backfill LF 33 31 13 175 $179.00 $31.325
4A" 3331.4401 30" Sewer Pipe (ASTM F679 PS115) LF 3111 10,13 31 7 719 NO BID NO BID
4B' 3331.4408 30" Fiberqlass Sewer Pioe (D3262 SN72 LF 33 31 13 7,719 $978.00 $1 373,962
5A* 3331.4309 21" Sewer Pipe (ASTM F679 PS115), CSS Backfill LF 3111 10, 13 31 40 NO BID NO BID
5B" 3331_4311 21" Fiber lass Sewer Pi e(D3262 SN72), CSS Backfill LF 33 31 13 46 $175.00 $7.000
6A' 3331 4414 21" Sewer Pi e(ASTM F679 PS115) LF 33 11 10, 33 31 2,g27 NO BID NO BID
6B" 3331.4421 21" Fiber lass Sewer Pi e(D3262 SN72 LF 37 31 13 2.627 $171.00 $449,217
7A" 3305 3013 36" Sewer Carrier Pipe ASTM F679 PS115 LF 33 05 24 800 NO BID NO BID
7B' 3305-3013 36" Sewer Carrier Pipe FRP D3262 SN72 LF 33 05 24 800 $194 00 $155,200
$A, 3305 1305 60" Tunnel Liner Plate By Other Than Open Cut, 36" ASTM F679 LF NO BID NO BID
PS115 33 OS 21 """
gB, 3305 1304 54" Tunnel Liner Plate By Other Than Open Cut, 36" FRP D3262 LF
SN72 33 OS 21
9A' 3305-3012 30" Sewer Carrier Pi e ASTM F679 PS115 LF 33 05 24
9B" 3305.3012 30" Sewer Carrier Pipe FRP D3262 SN72 LF 33 05 24
3305 1203 48" Casing(Tunnel Liner Plate By Other Than Open Cut, 30" 33 05 21, 33
10A* ASTM F679 PS115 �F 05 22
3305 1202 42" CasinglTunnel Liner Plate By Other Than Open Cut, 30" FRP 34 O5 21, 33
10B' D3262 SN72 �F 05 22
33 11 70, 33 31
11 3331-4115 B" Sewer Pipe �F i2. 33 3� 20
12 3331 4201 10" Sewer Pipe LF 33 11 10, 33 31
12. 33 31 20
13 3331 4206 12" Sewer Pipe LF 33 11 10, 33 3t
12. 33 31 20
14 3331 3312 6" Sewer Service, Reconnection EA 33 31 50
15 0171.0101 Construction Survev Stakinq LS 01 71 23
16 0171.0102 Red Line Drawin. s for As-Builts (GPS) LS 01 71 23
17 0241 0401 Remove Concrete Drive SF 02 41 13
18 0241 0402 Remove As halt Drive SF 02 41 13
19 0241.0500 Remove Barbed Wire Fence LF 02 41 '13
20 0241.0500 Remove Wrouqht Iron Fence LF 02 41 13
21 0241 0500 Remove Steel Tube Fence LF p2 4� 13
22 0241.0500 Remove Hoq Wire Fence LF 02 41 13
23 0241.0500 Remove Wood Fence LF 02 41 13
24 0241.0700 Remove Mailbox EA 02 41 13
25 0241.2001 Sanitary Line Groutin CY 02 41 14
26 D2412110 21" Sewer Abandonment Pluq EA 02 41 14
27 0241.2201 Remove 4' Sewer Manhole EA 02 41 14
28 0241.4401 Remove HeadwalllSET EA 02 41 14
29 0241.5001 Abandon Manhole EA 02 41 14
30 0330 0001 Concrete Encase Sewer Pipe CY 03 30 00
31 3110 0102 6"-12" Tree Removal EA 31 10 00
32 3110.0103 12"-1 B" Tree Removal EA 31 10 00
33 3110.0104 1 B"-24" Tree Removal EA 31 10 00
34 3110.0105 24" and Lar er Tree Removal EA 31 10 00
35 3125.0101 SWPPP? 1 acre LS 31 2500
36 3201.0115 Perm. B' W ide Asphalt Pvmt, Residential LF 32 01 17
37 3201.0400 Tem orary Asphalt Pavinq Reoair. Enon Avenue LF 32 01 18
38 3211.0313 8" Flexible Base, T pe D. GR-1 SY 32 11 23
39 3212 0302 2" Asphalt Pvmt Tvpe D, Enon Avenue SY 32 12 16
40 3212,0501 4" Asphalt Base Tvpe B, Enon Avenue SY 32 12 16
41 3213A401 6" Concrete Drivewav SF 32 13 20
42 3231 0132 5' Wro ht Iron Fence �F 31 31 26
43 3231 0142 5' Steel Tube Fence LF 32 31 13
44 3231.0211 Barbed Wire Fence. Metal Posts. 5 Strand LF 32 31 13
45 3231_0212 Hoq Wire Fence. Metal Posts LF 32 31 26
CITY OF FORT WORTH
STANDAI2D CONSiRUCiION SPEC�ICATION DOCUMEMS - DEVELOPER AWARDEU PROILCTS
Form Version May'_2,'_019
800 $1,055.00 $844.0(
442
442 $213.00 $94,1�
442 NO BID NO BID
442 $879.00 $388,51
40 $57.00 $2,22
34 $65 00 $2.21
1 $98,714.00 $98 714.00
1 $20 214.00 $20 214 00
1.070 $1.00 $1,070.00
180 $2.00 $360 00
605 $4A0 $2.420.00
100 $4.00 $400.00
70 $4.00 $280.00
420 $4.00 $1,680_00
70 $4 00 $280-00
2 $375 00 $750 00
460 $163.00 $74,935.99
9 $1.497.00 $13.473 00
18 $1.497-00 $26.946.00
1 R3 470 flfl R3 d9f1 �fl
14 $672 00 $9.4fJ8.00
5 $2.'166 00 $10,830.00
10 $2.565 00 $25.650.00
1 $5.700 00 $5.700.00
169 $81.00 $13.689.00
2.300 $14.00 532.20U.00
6 652 $25.00 5166.300.40
7.011 $13.00 91,143.00
6.652 $2100 $139.692.00
1,070 $12 00 $12.840.00
100 $129.00 $12.900.00
70 $14100 $9.870.00
605 $11.00 $6.655.00
420 $31-00 $13.020.00
AdJenJum No 4
Snnilary Sewur Ini�•rceplor Improvemenls M-�95 md M-3'_9
CiiyProjectNa 10?IS?
3/18/2021
SECTION 00 42 43
Daveloper Awarded Projects - PROPOSAL FORM
004'_43 Uni[1
llAP - BID PROPOSAL
P:�ge � uf'_
Sanitar • Sewer [ntcrcc tor im �rorements M-295 and M-329
UNIT 1 PRICE BID Bidder's Application
Pioject Item Infoimaliou Biddels Pmposal
Bidlis[ I[em Descriptiou Unit oF Specification Bid Quan[ity Uni[ Piice Bid Value
No Measure Section No
46 3231 0411 4' Fences, Wood LF 32 31 29 70 $115-00 $8 050.00
47 3231 0303 B' Gate, Steel EA 33 31 26 28 $205.00 $5 740.00
48 3292.0201 Utilit Surface Restoration Seedinq SY 32 92 13 38.115 $1.00 $38.115.00
49 3301_0001 Pre-CCTV Inspection LF 33 01 31 3,860 $2A0 $7,719 96
50 3301.0002 Post-CCTV Ins ection LF 330131 12,90Q $1-00 $12,900.00
51 3301.0101 Manhole Vacuum Testin EA 33 01 30 37 $1 497 00 $55,389 00
52 3303-0001 Bypass Pumpinp (M-257 Section) LS 33 03 10 1 $57.000 00 $57.000.00
53 3303.0001 Bvpass Pumpinq (M-295 Section) LS 33 03 10 1 $79.800.00 $79.800 00
5� 3303.0001 Bvpass Pum inq (M-329 STA 112+22 TO STA 130+gg) LS 33 03 10 1 $57 000.00 $57.000.00
55 3305 0103 Exploratory Excavation of Existin Utilities EA 33 05 30 i1 $1.7�0.00 $18.610.00
56 3305 0109 Trench Safet EA 33 05 10 1?,656 $1 00 $17.fi58-�0
57 3305A110 Utilit Markers EA 33 05 26 31 $256 00 $7,936-00
58 3305.0112 Concrete Collar EA 33 OS 17 36 $5,164.00 $165.904.00
3339 0001 Epoxy Manhole Liner Warren Environmental 5-301-14 or
59 Chesterton for Manholes VF 33 39 60 620 $283_00 $175,573.20
60 3339 0001 Epoxy Manhole Liner Warren Environmental S-301-14 or SF 33 39 60
Chesterton for Sewer Junction Box 541 $19.00 $10 279.00
61 3339 1001 4' Manhole EA 33 39 10, 33 39
11 $7.335.00 $80.685 00
62 3339 1003 4' Entra Depth Manhole VF 35 39 10, 33 39
107 $549.00 $58.743.00
63 3339.1101 5' Manhole EA 33 3s 10, 33 39
25 $9 153.00 $22B 825.00
64 3339.1103 5' Extra Depth Manhole VF 35 39 10, 33 39
297 $626.00 $185.922.00
65 33392001 Sanitary Sewer Junction Structure EA 33 39 10, 33
39 20 1 $66 677 00 $66.677.00
66 9999 0001 Permanent Turf reinforcement mats or equivalent, turf mat SY
(moderate velocitv Arotectionl 4,682 $11.00 $51,502.00
G7 313Z0102 Lar e Stone Riprap, dry SY 31 37 00 a00 $66-QO $27,200.00
G8 3471.0001 COFW Traffic Control MO 3a 7� 13 4 $2,565 00 $10.26q_p0
69 3217 0007 4" SLD Pvmt Markina Ta e(W) LF 32 17 23 4,874 $4 00 $19,496 00
70 3217A008 4" SLD Pvmt Markin Ta e Y) LF 32 17 23 4.874 $4 00 $19,496.00
71 3217.0501 24" SLD Pvmt Markinq HAE (W) LF 32 17 23 16 $12.00 $192.00
72 9999.0002 3" Asphalt Drivewav w/ B" Lime Treated Base SY 32 12 16 'I70 $79.00 $13,430.00
73 9999.0003 Permanent Gas Well Access Road Repair LF 99 99 99 500 $27.00 $13,500 00
74 9999.0004 Stabilized Construction Entrance SY 31 25 00 4p0 g15.00 $6.000 00
75 9999.0005 Odor Control Unit and Assemblv EA 99 99 99 7 $S,98g.p0 $62,916.00
76 9999 0006 Tree Protection Tem orary Construction Fence LF 31 25 OQ 8.D92 $1.00 $8,092.00
77 9999 0007 Temnorary Chain Link Fence LF 32 3� 13 372 $3.00 $'I.1 TG.�O
78 9999.0008 Tem orary Barbed Wire Fence LF 32 31 26 592 $3.00 $1,776 00
79 9999 0009 Construction Allowance LS 99 99 99 1 $250.000.00 $250,OOOAO
NOTES�: CONTR4CTOR TO PROVIDE UNIT PRICE/BID VALUE FOR ONLY ONE OF THE MATERIAL ALTERNATES FOR ITEMS A AND B DO NOT PROVIDE UNIT PRICE/BID VALUES FOR EACH ALTERNATE
SUB-TOTAL UNIT 1 SANITARY SEWER IMPROVEMENTS
CfIY OR fORT WORTFf AJdendum No 4
STANDARD CONSTRUCTION SPECQ� ICAT[ON DOCUMENfS - DEVEIAPCR A WARDLD PRO.iECTS Sanilary Se�ver fnlerceplar Mpro�zmenls M-'_95 and M-3�9
FormVersionMuy'_�,'_019 CilyProjcclNa 10215?
3/18/2021
SECTION 00 42 43
Developer Awarded Projects - PROPOSAL FORM
Sanitary Sewer Interceptor Improvements M-295 and M-329
UNIT 2 PRICE BID
00 4? 43 Unil 3
DAP-BIDPROPOSAL
Page I of2
Bidder's Application
Projecl Item information Bidder's Pioposal
BidGst llem Unit of Specification Bid
No. Description Measure Section No Quantity Uni[ Piice Bid Value
UNIT 2: SANITARY SEWER IMPROVEMENTS STA 138+gg,44 TO STA 168+35.67
1A" 3331.4308 21" Sewer Pipe (ASTM F679 PS46) LF 33 11 10, 33 31 NO BID NO BID
1 3 �1 z0 3.340
1B" 3333.433721"fihe IassSawerPi e D32625N4$ LF 333113 3340 $171.00 $571,140.00
2A' 3331.4309 21" Sewer Pipe (ASTM F679 PS46), CSS Backfill LF 3 � 11 3 1 21, 110 NO BID NO BID
26" 3331.4311 21" Fi6er lass Sewer Pipe fD3262 SN46). CSS Backfill LF 33 31 13 110 $172,00 $18.920.00
3A" 43305.1201 36" CasinglTunnel Liner Plate By Other Than Open Cut, 21" �F 33 05 21, 33 NO BID NO BID
ASTM F679 PS46 05 22 62
3B, 3305.1005 30" Casinglfunnel Liner Plate By Other Than Open Cut, 21" FRP LF 33 05 22
D3262 SN46 62 $669.00 $41,478_00
4A' 3305.30U9 21" Sewer Carrier Pi ASTM F679 PSAS LF 33 05 24 62 NO BID NO BID
4B" 3305.3009 21" Sewer Carrier Pipe FRP D3262 SN46 LF 33 05 24 62 $184.00 $11,408.00
5 3331.4115 6" Sewer Pipe LF 33 � � 10, 33 3�
12 333120 2Q $65.00 $1.300.00
6 3331.3312 6" Sewer Service, Reconnection EA 33 31 50 3 $1.659.00 $4,977.00
7 0171.0101 Construction Surve Stakin LS 01 71 23 1 $45.269.19 $45 269.19
8 Oi7t.0102 Red Line Drawin s for As•Buiflc_ �pS LS 01 71 23 1 $5,520.00 $5,520.00
9 0241.Qfflfl Remove and ftepface As halt Sidewalk SF 02 41 13 1.599 $9.00 $14.391.00
10 9999.0001 7' Wide Tem ora As halt Sidewalk LF 32 01 17 314 $17.00 $5.336.00
10 0241.0500 Remove & Replace Fence LF 02 41 13 1.600 $4_00 $6,400.00
11 02412001 Sanita Line Groutin CY 02 41 14 36 $163_00 $5,838.66
12 0241.2106 1 B" Sewer Abandonment Plu EA 02 41 14 2 $1,498.00 $2.996.00
13 0241.2201 Remove 4' Sewer Manhole EA 02 41 14 6 $1.490.00 $6,988.00
14 0241.3013 Remove 16" Starm Line LF 02 41 14 24
$8.00 $192.00
15 3341.0103 18" RCP, Class III LF 33 41 10 p4 $97.00 $2,328.00
16 3110.0102 6"-12" Tree Removal EA 31 10 00 47 $257.00 $12,079.00
17 3110.0103 12"-18" Tree Removal EA 31 10 00 10 $672.00 $12.096.00
18 3110.0104 18"-24" Tree Removal EA 31 10 00 2 $2.166.00 $4.332.00
19 3110.0105 24" and Lar e Tree Removal EA 31 10 00 1 $2.565.00 $2.565.00
20 3125.0101 SWPPP >_ 1 acre LS 31 25 00 1 $5,700.00 $5,700.00
21 3201.0115 Perm. 8' Wide As halt Pvmt Re air, Residential LF 32 01 17 1,189 $81.00 $96,309.00
22 3201.0616 Concrete Pvmt Repair, Arterial/Industrial SY 32 01 29 57 $391.00 $22.287.00
23 3292.0201 Utility Surface Restoration Seedin SY 32 92 13 6,960 $1.00 $6.960.00
24 3301.0001 Pre-CCTV Ins ection LF 33 01 31 476 $2.00 $940.00
25 3301.0002 Post-CCN Ins ection LF 33 01 31 3.532 $1.00 $3 532.00
26 3301.0101 Manhole Vacuum Testinq EA 33 01 30 12 $1,497.00 $17.964.00
27 3303.0001 Bypass Pumpinq LS 33 03 10 1 $9,234,00 $9,234.D0
26 3305.06Q3 8" Waterfine Lowenn EA 33 OS 12 1 $7,749.00 $7]49.00
29 3305.0103 Explorato Excavation of Existin Utilities EA 33 05 30 5 $1,710.00 $8 550.00
30 3305.0109 Trench Safet LF 33 05 10 3,450 $1.00 $3,450.00
31 3305.0110 Utili Markers EA 33 05 26 7 $187.00 $1,309.00
32 3305.0112 Concrete Collar EA 33 05 17 12 $5.164.00 $61 968.00
33 3339.0001 Epoxy Manhole Liner Warren Environmental S-301-14 or VF 33 39 60
Chesterton 111 $283.00 $3�.413_00
34 3339.1001 4' Manhole EA 33 39 10, 33 39
0 11 $7,565.00 $83.215.00
35 3339.1003 4' Extra Depth Manhole VF 35 39 10, 33 39
47 $549.00 $25.803.00
36 3339.1002 4' Drop Manhole EA 34 39 10, 33 39
1 $10.180.00 $10.180.00
37 3471.00�1 COFW TraHic Contral MO 34 71 13 1 $2,565.00 $2.565.00
38 J9�39.0'JOi Odar Cnn[rol Und and Assemhy EA 2 $9.033.00 $18,066.00
39 9999.0002 Stabilized Construction Entrance SY 31 25 00 100 $15.00 $1,500.00
AO 9939.DQQ3 Tree Prolection Tem ora Construciian Fence LF 31 25 00 976 $1.pQ $978.00
41 99S9.p004 Construcllan Allowan�e LS 1 $8Q.000.00 $SO.�Oa_OD
NOTES': CONTRACTOR TO PROVIDE UNIT PRICE/BID VALUE FOR ONLY ONE OF THE MATERIAL ALTERNATES FOR ITEMS A AND B DO NOT PROVIDE UNIT PRICE/BID VALUES FOR EACH ALTERNATE
SUB-TOTAL UNIT 2: SANITARY SEWER IMPROVEMENTS
CI"fYOFFORTWORTH AddmdumNo 9
STANDARD CONSiRUCT[ON SPEC�ICATION DOCUMENTS - DEV ELOPER AW ARDED PROlECTS Sanilary Sewer Intaceplor Improvanmlx M-295 and M-3?9
FormVcrsionMay�2,2019 CilyProjec�No 10215?
3/IS/2021
SECTION 00 42 43
Developer Awarded Projects - PROPOSAL FORM
Sanitary Sewer Interceptor Improvements M-295 and M-329
UNIT 2 PRICE BID
aa az a� u��c �
DAP-BIDPROPOSAL
Puge2 of�
Bidder's Application
Project Item Information Bidder's Proposal
Bidlist I[em Unit of Specifica[ion Bid
No Description Measure SectionNo. Quantity Uni[Price BidValue
Bid Summary
Uhf1T 1: SANfTARY SEWER IMPROVEMENTS (STA 10+d6.36 TD STA 73$+88.44j
UNIT 2: SANITARY SEWER IMPROVEMENTS [STA 136+gg TO STA 168+35.611
This Bid is submit[ed by the eo[ity oamed below:
BIDDER:
Ark Conuacfing Scrvices, LLC
420 S. Dick Price Rond
Kennc�lale, TX 76060
Contractor agrees fo complete WORK for FINAL ACCEPTANCE within
CONTRACT commences [o run as provided in the Ceneral Condi[ions.
END OF SECTION
Total Cons[ruc[ion Bid
$6,322.771.15
$1,277,227.65
BY: �IarkNmth
TITLE: Chicf I•:�.•n no Officcr
DATE: 3/ I 8/2021
600
working days aRer [he date �vhen [he
CI7Y OF FORT WOR7H
Addmdum Na 4
STANDARD CON57RUC710N SPEC�ICATION DOCUMENTS - DEVEIAPER A WARDED PROIECTS Sanilary Sewcr lntcrc ylur LnprovenmL M-295 and M329
Fonn Vasion May 23, 3019 Cily Proj cl No 10215?
�
W
�
W
N
_
U
Z
a
�
a
Z
Q
_
N�
' , CPN:102152
MAPSCO N0: TAR-106G
N
O
�
�
0
�
�
0
�
�
_
�
�
�
N
N
�
�
0
�
�
0
N
�
0
�
Z
0 2100 4200 8400
SCALE: 1 " = 4200'
DEVELOPER:
LEGENDS OF HANNA RANCH, LTD
1315 FM 1187, SUITE 111
MANSFIELD, TX 76063
ENGINEER:
HUITT-ZOLLARS, INC.
500 W. 7TH STREET, SUITE 300
FORT WORTH, TX 76102
June 2021
EX SS �0,�
=5�s z
�¢
s� W
>
w
i I s:
�� �
I I I'�
�
-��
��
��
, �
� -
-- �
---
f ��� __ -
� � ,
�
(�ii — (� i j � z
; �� �� - �
� � � � � � � � �
� I
'� �' � I � � �� �
,_ � Z _ _
_ _ _ _ �
�
I� - - - - - �
��' � I �
- SS Z � �
� J —
Z
N Q I
ti 1
_ � �� - _ � -- - � -
� � _
,
-
� � � � } �_-
� � -� Z �
� ¢Z-
�
o �N ¢° � �
LL ~ �
��1 _ I � ��
� � �
- ��� �X � 2'� 55 -
' !�
� s �
� - �� - � T� _
' N - - - � �
��C "i �- __ - O
�_
�
� W i� �- r—' �
� O
���I-� � � �
��
_��Q �_�
� o�o '�
� —� I
w rr
����_ �� � _ � _ � __ �
�"� � � I N � -�
s I �_ �
� v, � ' I N �'�
o v, _ X �,;�
� I, N J� w �
o � ���
�� i �
�ss— — —ss� — -�, -
¢ R�Y C. _
� S --,
� �-
� BRpOK SS I �
w g�VD
�' W � � -�
�
,
�-- _ -
� _ �'�'� � I � � � � 'J �
� _ � �� I - +
i Z � ;"
�� �
� -�� ��� �� �
�
, —
�_
�ss� Nl'Jp : � � � ,
M 12�0� � ��� x i= �' � �� �
_z�
, - - - _ _I ls b11H�IM � � ��T n� �� I—�- � �'�
i - —
�Ma'bMSS V��\S1181HX3\V��\�I�I�\N�IS34 SO\dl� ?J3M3S H�NVb VNNVH — ZO'6E 160�b�
�
O
a �
� �
W W
H �
�, Z
�W
�W
Q �
�
m�
_ �
X
WQ
�
n W
� W J
J z �
J
�
n3�
W
� O
�
L ~ z
Q
��m
�
a
i
WdLZ�Z l
� Q
���E�
� N �
���
� ���
��3��
�����
�� �
N
O
N
W
Z
�
7
0
J
2
U
Z �
Q�
� `� M
Q w �p
z��
Q��
_��
�
�o�o
W r-I J
O � � �
w w �n z
� � � �
_ -
�
�
o _
Z
0
o�
�
N
�
O
�
o �
� n
� w
� �
O
� J
Q
U
O N
�
90 Z3WO�N
M&C Review
CITY COUNCIL AGENDA
DATE
CODE:
4/13/2021 REFERENCE **M&C 21-
NQ.: 0286
C TYPE: CONSENT
LOG NAME:
PUBLIC
HEARING:
Page 1 of 3
Offidal sltP of the � iry or Fcr, b�;oith, Texas
�(] RT ��+'I� RT I I
�-
60SS M-295 M-329 HANNA
RANCH REPLACEMENT
��C�7
SUBJECT: (CD 8) Authorize Execution of a Community Facilities Agreement with Legends of Hanna
Ranch, Ltd., with City Participation in the Amount Not to Exceed $7,574,786.00, for
Replacing Pubiic Sanitary Sewer Mains M-295 and M-329, Located in Village Creek
Basin, Adopt Attached Resolution Expressing Official intent to Reimburse Expenditures
with Proceeds from Future Debt and Adopt Attached Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
2
3.
Authorize execution of a community facilities agreement with Legends of Hanna Ranch, Ltd., with
City participation in the amount not to exceed $7,574,786.00, for replacing public sanitary sewer
mains M-295 and M-329;
Adopt the attached resolution expressing official intent to reimburse expenditures with proceeds of
future debt for the Community Facilities Agreement - Sanitary Sewer Mains M-295 and M-37_9
project; and
Adopt the attached appropriation ordinance adjusting appropriations in the Water and Sewer
Commercial Paper Fund by increasing appropriations in the amount of $8,711,004.00 in the
Community Facilities Agreement Bucket programmable project (City Project No.P00001), and
decreasing appropriations in the Unspecified project (City Project No. UNSPEC) by the same
amount for the purpose of funding the Community Facilities Agreement - Sanitary Sewer Mains
M-295 and M-329 project (City Project No. 102152).
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is for the City to participate with Legends of
Hanna Ranch, Ltd (Developer), for replacing and oversizing public sanitary sewers M-295 and M-329, which
provide service to the City of Fort Worth as well as the City of Everman in the Village Creek basin. The
project will replace a fifty year-old sanitary sewer main and provide additional capacity for future growth
within the basin. This project is ir�cluded in the Sanitary Sewer Overflow Agreement with the Texas
Coi7�mission on Environmental Quality (TCEQ).
The Developer is constructing the Hanna Ranch Development (Development) located southeast of Interstate
Highway (IH) 35W and E. Altamesa Blvd. The Development requires 0.69 millions of gallons per day (MGD)
sewer capacity, which will be provided as part of the sewer main replacements in the project. The Developer
has agreed to construct the project as part of the Development. The City will cost participate in the
construction at 94.25\% and the Developer will be responsible for 5.75\%. In addition, the City has identified
another portion of sanitary sewer main M-329 in need of replacing, this will be covered by the City at 100\%.
The overall project is assigned IPRC20-0005, lJnit 1 is the portion that has 94.25\% City cost participation,
and Unit 2 is covered 100\% by the City. I he Ueveloper will reimburse the City t�r 5.7�\"/� of the cost of all
easements necessary for the project prior to being entitled to receive a notice to proceed to construction
from the City for the project.
This sewer project will be publicly bid. The City participation in the construction cost of the replacement of
these sewer mains is estimated to be in an amount not to exceed $7,574,786.00 as shown in the table
below. Payments to the Developer are estimated to be $7,236,489.66 for construction cost and $144,728.80
for material testing. The remaining City participation in the estimated amount of $193,616.77 will cover the
City's portion of inspection fees and administrative material testing fees.
http://apps.cfwnet.org/council�acket/mc_review.asp?ID=28836&councildate=4/13/2021 6/8/2021
M&C Review
94.251°/a City / 5.751%
Dev
Construction Costs
Construction Fees:
A. Construction Inspection Fee
B. Admin Material Testing Fee
Estimated Material Testing Cost
Total Cost Unit 1
1001% City
Construction Costs
Construction Fees:
A. Construction Inspection Fee
B. Admin Material Testing Fee
Estimated Material Testing Cost
Total Cost Unit 1
Developer
Cost
$363,559.34
$8,593.37
$943.86
$7,271.19
$380,367.76
Unit 2
Developer
Cost
$0.0
City Cost � Total Cost
$5,959,211.81� $6,322,771.1
$140,856.63
$15,471.14
$119,184.24
$6,234,723.82
City Cost
$1,277,227.85
$0.00 $34,300.0C
$0.00 $2,989.00
$0.00 $25,544.5E
$0.00 $1,340,061.41
$149,450.00
$16,415.00
$126,455.43
$6,615,091.58
Total Cost
$1,277,227.
$34,300.0C
$2,989.00
$25,544.5E
$1,340,061.41
Page 2 of 3
Tota I
Developer City Cost Total Cost
Cost
Total Cost Unit 1 $380,367.76 $6,234,723.82 $6,615,091.58
Total Cost Unit 2 $0.00 $1,340,061.41 $1,340,061.41
Contingency (15\%) $0.00 $1,136,217.78 $1,136,217.78
�Total Project Cost $380,367.76 $S,i11,003.01 $9,091,370.77
*Numbers will be rounded up for accounting purposes.
The reimbursement of the participation, excluding inspection and material testing fees, is not a lump-sum
amount and may be less than the stated amount depending upon the actual quantities and unit prices from
the Notice of Final Completion package, commonly referred to as the Green Sheet package.
This project is anticipated to be included in a future revenue bond issue for the Water & Sewer Fund.
Available cash within the Water and Sewer portfolio and the City's portfolio al�ng with the appm�riation
authority authorized under the Callable Commercial Paper Program (CP) will be used to provide interim
financing for this project until the debt is issued. Once debt associated with this project is sold, bond
proceeds will be used to reimburse the Water and Sewer portfolio and the City's portfolio in accordance with
the attached reimbursement resolution. Under federal law, the debt must be issued within approximately
three years in order for these expenses to be reimbursable. Adoption of the attached resolution does not
obligate the City to sell bonds but preserves the ability of the City to reimburse itself from tax-exempt bond
proceeds.
Funding for the CFA-SS Mains M-295 and M-329 as depicted in the table below:
Fund Project Total*
http://apps.cfwnet.org/cotmcil�acicethnc_review.asp?ID=2883 6&councildate=4/ 13/2021 6/8/2021
NI&C Review
Water & Sewer
Bond 2020A Fund
56017
Water & Sewer
Commercial Paper
Fund 56019
Existing
Appropriations
$929, 602.
$0
Additional
,ppropriations
$0.00 $929,602.0
$8,711,004.00 $8,711,004.0
Project Total �� $929,602.00�� $8,711,004.00��$9,640,606.00
*Numbers rounded for presentation purposes.
Page 3 of 3
Business Equity: Offerors are strongly encouraged to comply with the intent of the City's Business Diversity
Enterprise Ordinance to utilized Minority Business Enterprises or Small Business Enterprises on the City-
funded portion of the Community Facility Agreement.
This project is located in COUNCIL DISTRICT 8.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are currently available in the Unspecified - All Funds project
within the W&S Commercial Paper Fund and upon approval of the above recommendations and adoption of
the attached resolution and appropriation ordinance, funds will be available in the W&S Commercial Paper
Fund for the CFA Bucket programmabie project to fund the CFA-S.S. Mains M-295 and M-329 project and
support the approval of the above recommendations and execution of the community facilities agreement.
Prior to an expenditure being incurred, the Water Department has the responsibility of verifying the
availability of funds.
--------6f- -- — ----- -- — -- -- ----
Fund � Department ' Account � Project ; Program J Activity ! Budget ; Reference # j Amount
ID � � ID ( t Year (Chartfield 2) i
Submitted for Citv Manaqer's Office bv:
Oriqinatinq Department Head:
Additional Information Contact:
Dana Burghdoff (8018)
Chris Harder (5020)
Soon Wong (8369)
.ATTACHMENTS
60Hanna Ranch SS Rehab M295 329 Reimb Resolution.docx
60SS M-295 M-329 HANNA RANCH REPLACEMENT funds avail.docx
60SS M-295 M-329 HANNA RANCH REPLACEMENT 56019.v2.docx
Hanna Ranch M295 M3292.pdf
http://apps.cfwnet.arg/council�acket/mc_revie�v.asp?ID=28836&councildate=4/ 13/2021 6/8/2021