HomeMy WebLinkAboutContract 56473 Received Date: 10/14/2021
Received Time: 4:32 pm
Developer and Project Information Cover Sheet:
Developer Company Name: Lennar Homes of Texas Land and Construction, LTD
Address, State,Zip Code: 1707 Market Place Blvd. Suite 100,Irving,TX, 75063
Phone &Email: 469-587-5293, Jennifer.Eller&lennar.com
Authorized Signatory,Title: Jennifer Eller,Authorized Agent
Project Name: Shale Creek Phase 3A
Brief Description: Water, Sewer,Paving, Storm Drain, Street Lights
Project Location: S County Line Rd
Plat Case Number: FP-03-057,FP- Plat Name: Shale Creek
06-08,FP-06-
082
Mapsco: Council District: ETJ
CFA Number: CFA21--0066 City Project Number: 103158
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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City Secretary Number: 56473
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 LENNARHOMES OF TEXAS LAND
AND CONSTRUCTION,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 Shale Creek
Phase 3A("Project");and
WHEREAS, the City desires to ensure that all developments are adequately served by public
infrastructure and that the public infrastructure is constructed according to City standards; and
WHEREAS, as a condition of approval of the Project, Developer is required to bear a portion of
the costs of municipal infrastructure by constructing the public infrastructure necessary for the Project as
described in this Agreement("Community Facilities"or"Improvements");and
WHEREAS,as a condition of approval of the Project,Developer is required to meet the additional
obligations contained in this Agreement, and Developer may be required to make dedications of land,pay
fees or construction costs,or meet other obligations that are not a part of this Agreement; and
WHEREAS, the City's participation in this Agreement shall be in an amount not to exceed
$1,202,437.33 to enlarge the scope of the Improvements beyond what Developer is responsible for
constructing for the Developer's private development by oversizing approximately 5,500 linear feet of 12-
inch water main to a 24-inch water main as authorized by City Council through approval of M&C 21-0336
on May 11,2021 ("City Participation"); and
WHEREAS, the City Participation includes reimbursement to Developer in an amount not to
exceed$1,097,066.99 for construction costs,$70,000.00 for engineering costs,and$21,941.34 for material
testing. The remaining City Participation in the amount of $13,429.00 will cover the City's portion of
inspection fees, administrative material testing fees, and water lab testing fees, which will not be paid to
Developer;and
WHEREAS, the Developer and the City desire to enter into this Agreement in connection with
the collective Improvements for the Project;
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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:
❑X Exhibit A: Water
❑X Exhibit A-1: Sewer
❑X Exhibit B: Paving
❑X Exhibit B-1: Storm Drain
❑X Exhibit C: Street Lights & Signs
The Location Map and Cost Estimates are also attached hereto and incorporated herein by
reference. To the extent that Exhibits A, A-1, B, B-1, C, the Location Map, or the Cost Estimates
conflict with the Engineering Plans, the Engineering Plans shall control. If applicable,Attachment 1 —
Changes to Standard Community Facilities Agreement, Attachment 2 — Phased CFA Provisions, and
Attachment 3 — Concurrent CFA Provisions, are attached hereto and incorporated herein for all
purposes.
4.
Construction of Improvements
Developer agrees to cause the construction of the Improvements contemplated by this Agreement
and that said construction shall be completed in a good and workmanlike manner and in accordance with
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
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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.
(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
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If Developer desires to terminate this Agreement before Developer's contractors begin
constructing the Improvements, Developer agrees to the following:
(a) that Developer and City must execute a termination of this Agreement in writing;
(b) that Developer will vacate any final plats that have been filed with the county where the Project
is located; and
(c) to pay to the City all costs incurred by the City in connection with this Agreement, including
time spent by the City's inspectors at preconstruction meetings.
9.
Award of Construction Contracts
(a) Developer will award all contracts for the construction of the Improvements and cause the
Improvements to be constructed in accordance with the CFA Ordinance.
(b) Developer will employ construction contractors who meet the requirements of the City to construct
the Improvements including,but not limited,to being prequalified,insured,licensed and bonded to
construct the Improvements in the City.
(c) Developer will require Developer's contractors to provide the City with payment and performance
bonds naming the City and the Developer as dual obligees, in the amount of one hundred percent
(100%) of the cost of the Improvements as required by the CFA Ordinance. The payment and
performance bonds shall guarantee construction of the Improvements and payment of all
subcontractors and material suppliers. Developer agrees to require Developer's contractors to
provide the City with a maintenance bond naming the City as an obligee, in the amount of one
hundred percent(100%) of the cost of the Improvements, that guarantees correction of defects in
materials and workmanship for the Improvements by the contractor and surety for a period of two
(2)years after completion and final acceptance of the Improvements by the City. All bonds must
be provided to the City before construction begins and must meet the requirements of the City's
Standard Conditions,Chapter 2253 of the Texas Government Code,and the Texas Insurance Code.
(d) Developer will require Developer's contractors to provide the City with insurance equal to or in
excess of the amounts required by the City's standard specifications and contract documents for
developer-awarded infrastructure construction contracts. The City must be named as an additional
insured on all insurance policies. The Developer must provide the City with a Certificate of
Insurance (ACORD or form approved by the State of Texas), supplied by each contractor's
insurance provider,which shall be made a part of the Project Manual.
(e) Developer will require the Developer's contractors to give forty-eight(48)hours' advance notice
of their intent to commence construction of the Improvements to the City's Construction Services
Division so that City inspection personnel will be available. Developer will require Developer's
contractors to allow construction of the Improvements to be subject to inspection at any and all
times by the City's inspectors. Developer will require Developer's contractors to not install or
relocate any sanitary sewer, storm drain,or water pipe unless a City inspector is present and gives
consent to proceed, and to allow such laboratory tests as may be required by the City.
(f) Developer will not allow Developer's contractors to begin construction of the Improvements until
a notice to proceed to construction is issued by the City.
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(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 or may be in conflict with
any of the Improvements to be constructed pursuant to this Agreement.
11.
Easements and Rights-of-Way
Developer agrees to provide,at its expense,all necessary rights-of-way and easements required for
the construction and dedication to the City of the Improvements provided for by this Agreement.
12.
Liability and Indemnification
(a) DEVELOPER HEREBY RELEASES AND AGREES TO INDEMNIFY, DEFEND AND
HOLD THE CITY HARMLESS FOR ANY INADEQUACIES IN THE PRELIMINARY
PLANS, SPECIFICATIONS, ENGINEERING PLANS, AND COST ESTIMATES
SUPPLIED BY THE DEVELOPER FOR THIS AGREEMENT.
(b) THE DEVELOPER COVENANTS AND AGREES TO,AND BY THESE PRESENTS DOES
HEREBY FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS
OFFICERS,AGENTS AND EMPLOYEES FROM ALL SUITS,ACTIONS OR CLAIMS OF
ANY CHARACTER, WHETHER REAL OR ASSERTED,BROUGHT FOR OR ONACCOUNT
OFANYINJURIES OR DAMAGES SUSTAINED B YANY PERSONS,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
PROPERL Y SAFEGUARD THE WORK, OR ONACCOUNT OF ANY ACT,INTENTIONAL
OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID DEVELOPER, ITS
CONTRACTORS, SUB-CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES,
WHETHER OR NOT SUCHINJURIES,DEATH OR DAMAGESARE CAUSED,IN WHOLE
OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS
OFFICERS,SERVANTS, OR EMPLOYEES.
(c) DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND AND
HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM
AND AGAINST ANY AND ALL CLAIMS, SUITS OR CAUSES OF ACTION OF ANY
NATURE WHATSOEVER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ON
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ACCOUNT OF ANY INJURIES OR DAMAGES TO PERSONS OR PROPERTY,
INCLUDING DEATH,RESULTING FROM, OR IN ANY 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 WITH ALL PLANS AND SPECIFICATIONS.
13.
Right to Enforce Contracts
Upon completion of all work associated with the construction of the Improvements,Developer will
assign to the City a non-exclusive right to enforce the contracts entered into by Developer with its
contractors,along with an assignment of all warranties given by the contractors,whether express or implied.
Further,Developer agrees that all contracts with any contractor shall include provisions granting to the City
the right to enforce such contracts as an express intended third party beneficiary of such contracts.
14.
Estimated Fees Paid by Developer; Reconciliation
Prior to execution of this Agreement,Developer has paid to the City the 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 for the
Improvements being inspected by the City. 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's 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 will not be released by the City or returned to the Developer until reconciliation has
been completed by the City and any fees owed to the City have been paid by the Developer.
15.
Material Testing
The City maintains a list of pre-approved material testing laboratories. The Developer must
contract with material testing laboratories on the City's list for the Improvements being inspected by the
City. Material testing laboratories willprovide 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 obtain proof from the material testing laboratories that
the material testing laboratories have been paid in full by the Developer before the City will accept the
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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: DEVELOPER:
Development Coordination Office Lennar Homes of Texas Land and
City of Fort Worth Construction, LTD
200 Texas Street 1707 Market Place Blvd. Suite 100
Fort Worth, Texas 76102 Irving, TX 75063
With copies to:
City Attorney's Office
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
and
City Manager's Office
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
Or to such other address one party may hereafter designate by notice in writing addressed and
mailed or delivered to the other party hereto.
17.
Right to Audit
Developer agrees that, until the expiration of three (3) years after acceptance by the City of the
Improvements constructed pursuant to this Agreement, that the City shall have access to and the right to
examine any directly pertinent books, documents, papers and records of the Developer involving
transactions relating to this Agreement. Developer agrees that the City shall have access during normal
working hours to all necessary Developer facilities and shall be provided adequate and appropriate
workspace in order to conduct audits in compliance with the provisions of this section. The City shall give
Developer reasonable advance notice of intended audits.
Developer further agrees to include in all contracts with Developer's contractors for the
Improvements a provision to the effect that the contractor agrees that the City shall,until the expiration of
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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
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
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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 2270 of the Texas Government Code,
the City is prohibited from entering into a contract with a company with 10 or more full-time employees
that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City for
goods or services unless the contract contains a written verification from the company that it: (1)does not
boycott Israel;and(2)will not boycott Israel during the term of the contract. The term"boycott Israel"has
the meaning ascribed to it by Section 808.001 of the Texas Government Code. The term "company"has
the meaning ascribed to it by Section 2270.001 of the Texas Government Code. To the extent that Chapter
2270 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer
certifies that Developer's signature provides written verification to the City that Developer: (1) does not
boycott Israel; and(2)will not boycott Israel during the term of this Agreement.
26.
Prohibition on Boycotting Energy Companies
Developer acknowledges that in accordance with Chapter 2274 of the Texas Government Code,as
added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2,the City is prohibited from entering into a contract for
goods or services that has a value of$100,000 or more that is to be paid wholly or partly from public funds
of the City with a company with 10 or more full-time employees unless the contract contains a written
verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott
energy companies during the term of the contract. The terms "boycott energy company" and "company"
have the meanings ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by
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Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 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 energy companies; and (2)
will not boycott energy companies during the term of this Agreement.
27.
Prohibition on Discrimination Against Firearm and Ammunition Industries
Developer acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code,as added by Acts 2021,87th Leg.,R.S.,S.B. 19, § 1,the City is prohibited from entering
into a contract for goods or services that has a value of$100,000 or more that is to be paid wholly or partly
from public funds of the City with a company with 10 or more full-time employees unless the contract
contains a written verification from the company that it: (1) does not have a practice,policy, guidance, or
directive that discriminates against a firearm entity or firearm trade association;and(2)will not discriminate
during the term of the contract against a firearm entity or firearm trade association. The terms
"discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms
by Chapter 2274 of the Texas Government Code,as added by Acts 2021, 87th Leg.,R.S., S.B. 19, § 1. To
the extent that Chapter 2274 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 have a practice,policy, guidance, or directive that discriminates against a firearm
entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade
association during the term of this Agreement.
28.
Immigration and Nationality Act
Developer shall verify the identity and employment eligibility of its employees who perform work
under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon
request by City, Developer shall provide City with copies of all I-9 forms and supporting eligibility
documentation for each employee who performs work under this Agreement. Developer shall adhere to all
Federal and State laws as well as establish appropriate procedures and controls so that no services will be
performed by any Developer employee who is not legally eligible to perform such services.DEVELOPER
SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,
LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY DEVELOPER,
DEVELOPER'SEMPLOYEES,SUBCONTRACTORS,AGENTS,OR LICENSEES. City,upon written
notice to Developer, shall have the right to immediately terminate this Agreement for violations of this
provision by Developer.
29.
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.
30.
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.
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31.
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.
32.
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.
33.
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.
34.
Counterparts
This Agreement may be executed in multiple counterparts, each of which will be deemed an
original, but which together will constitute one instrument.
35.
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.
36.
City Participation; Fiscal Funding Limitation
(a) The City shall reimburse Developer for the City Participation in an amount not to exceed
$1,097,066.99 for construction costs,$70,000.00 for engineering costs,and$21,941.34 for material
testing for oversizing approximately 5,500 linear feet of 12-inch water main to a 24-inch water
main as more specially shown below. The remaining City Participation in the amount of
$13,429.00 shall not be paid to Developer by the City,but will be used by the City to pay the City's
share of inspection fees, administrative material testing fees, and water lab testing fees. The City
Participation will be paid to Developer after presentation of proper documentation by Developer to
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the City that the Improvements have been constructed and accepted by the City and all contractors
and material suppliers have been paid.
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1 3110 0101 Site Clearing 31 1000 LS 1
2 3125.0101 SWPPP>_1 acre 31 2500 1 LS I 11 1 1
3 3292.0200 Seeding,Broadcast 329213 SY 574D1
4 3305.0110 Utility Markers
5 3471.0001 Lane ClosurefTrafhc Control 34 71 13 L5 11
6 9999.oi Remove and Replace Open Cell Articulated j LS 1
BIDck Riprap
7 9999.0001 County Line Rd 6"Conc,Remove&Replace SY 1501
B 3304.0002 Cathodic Protection' 330412 L5 1 $10,500.1 $10,500.D01 $75,000.00 $15,000.60 $1o,5Do.ou
9 3311 0001 Ductile Iran Water Fittings wl Restraint 3311 it I TON 1 3-11 $5.562.47'1 $17,243.661 $7 500 00 $23,250.00 $17 243 66
10 3311 Trench Safely 330510 LF 495272: $1.12! $5,547.D5; $200 $9,90544 $554705
11 3305.1107 42"Casing By Other Than Open Cut 330522 1 LF 1 5301 $933.131 $494,556..901 $900.00 $477,000.00 $477,0i
12 33052007 24"Water Ca rrier Pipe 330524 LF i 530i $156.11 $82,C80.Doi $23000 $121,900.00 $8268000
13 3311.0641 24"DIP Water 3311 10 LF 4952.72: 3179.00: 5886,536.58: $165.00 $817,198.80 $817,198.80
14 3312.1W4 4"Combination Air Valve Assembly for 331230 EA 5! $24,000.001� $120,000.DO! $9.500.00 $47,WD.00 $47,51
Water'
15 3312 31 24"Gate Valve W Vault 33 12 20 EA 1 BI $31,110 C51, $246,880 40! $29.500.00 $236,000.00 $236 000 00
16 3312.6003 8"Blow Off Valve 331260 EA—]. __ __ _ J__ $19,614.80 $19,fi14.80 $12,500.40 $12,500.00 $12,50000
TOTAL $1,706,169.50
—__—_--_--_
CFW 64.3%__—__—__—__—__—__—__$1,097,066.99
OCT 2020 CIP PRCUECr CPN l02609 __—_
I—m RED wt ca—d b7 Cin- Canstmction Insp Services Fee $9,500.00
16"to 24"(64.3%ei 135.7%de)—im g Admin Material Testing services fee $3,479A0
Water Testing Lab Fee $450.00
M ate ri at Testing Cost contingency $21,s41.34
Design Services Cost $70,000A0
Amount for CFA Contract $1,202,437.33
(b) In the event no funds or insufficient funds are appropriated and budgeted or are otherwise
unavailable by any means whatsoever in any fiscal period for payments due under this Agreement,
then the City will immediately notify Developer of such occurrence and this Agreement shall be
terminated on the last day of the fiscal period for which appropriations were received without
penalty or expense to the City of any kind whatsoever, except to the portions of annual payments
herein agreed upon for which funds shall have been appropriated.
(c) Substantial completion of the Improvements shall occur after Developer's Contractor notifies the
City that the Improvements are constructed and ready for their intended use, the City and
Developer's Contractor inspect the Improvements,and the City concurs that the Improvements are
substantially complete. The City will release any retainage withheld from the City Participation
after Final Acceptance of the Improvements by the City. This Agreement does not provide for any
retainage to be withheld from the City Participation.
37.
Inspection and Maintenance of Improvements
(a) This Agreement is subject to the Agreement Concerning Water and Sewer Service to Shale Creek
Development, City Secretary Contract Number 48653 ("Water and Sewer Agreement"). In
accordance with the Water and Sewer Agreement:
i. all water improvements constructed within the Aqua Texas Water Service Area shall be
constructed to City standards and inspected by the City prior to conveyance of such
infrastructure to Aqua Texas;
City of Fort Worth,Texas Page 13 of 19
Standard Community Facilities Agreement with City Participation
Rev.4/2/20
ii. all wastewater infrastructure constructed within the Shale Creek Development shall be
reviewed, constructed, and inspected through the City's IPRC and CFA process prior to
conveyance of such infrastructure to Aqua Texas; and
iii. Aqua Texas shall maintain all water infrastructure constructed within the Aqua Texas
Water Service Area and all sewer infrastructure constructed within the Shale Creek
Development to City maintenance standards.The City's Water Department has the right to
inspect such infrastructure during regular business hours and to receive CCTV information.
(b) This Agreement is subject to the Development Agreement Between the City of Fort Worth,Texas
and Shale 114, L.P., City Secretary Contract Number 48649 ("Development Agreement"). In
accordance with the Development Agreement:
(c)
i. City employees or third party inspectors retained in accordance with generally applicable
City policies ("City Inspectors") shall perform all inspections and testing of water and
sewer Infrastructure as such Infrastructure is constructed. The North Fort Worth Water
Control and Improvement District No. 1 of Denton and Wise Counties ("District") or the
developer will pay the water and sewer inspection fee to the City prior to scheduling for a
pre-construction meeting.
ii. The City Inspectors shall notify Shale 114,L.P.and its successors and assignees("Owner")
and the District at least 24 hours before each inspection to enable the District's engineers
to be present during the inspections. The District's engineer may observe City inspections
for the purpose of gathering the information required to complete and submit all TCEQ
required reports.The City Inspectors shall cooperate with the District to provide inspection
reports that satisfy TCEQ requirements for issuance of bonds by the District.
iii. Inspections and testing of all other Infrastructure shall be performed by inspectors retained
and paid for by the District (or by Owner on behalf of the District) and approved by the
City ("Third Party Inspectors"). The District or Owner, as applicable, shall submit the
names, addresses and phone numbers of such inspectors as part of the submittal of final
construction plans.Construction of Infrastructure shall not commence until such inspectors
have been approved by the City which approval shall not be unreasonably withheld or
delayed. The District, or Owner, as applicable, shall require all Third Parry Inspectors to
provide copies of all inspection and testing reports to the City Inspector within five (5)
business days of the date of the inspection.
iv. The City has the right to terminate any Third Party Inspector retained by the District or
Owner if the inspector: (a) fails to perform inspections and testing to ensure construction
in compliance with the Development Agreement; or(b) fails to timely provide copies of
inspection and testing reports to the City's Transportation and Public Works Department
and does not correct any such deficiencies within ten (10) days after receipt of written
notice from the City.Upon termination of any Third Party Inspector,the City at its option,
may: (a) allow the use of another approved Third Party Inspector, or (b) perform all
necessary inspections and testing. Should the City elect to perform inspections and testing
pursuant to the Development Agreement, the City shall perform such inspections and
testing for compliance with the Development Agreement in a timely manner and the
District shall pay the City an inspection fee to reimburse the City for its reasonable and
necessary costs of performing the Infrastructure inspection, but not exceeding the City's
generally applicable fee schedule.
City of Fort Worth,Texas Page 14 of 19
Standard Community Facilities Agreement with City Participation
Rev.4/2/20
V. Denton County shall inspect all flood control structures and connections to Denton County
roads constructed on the Property. The Denton County Public Works Department will be
responsible for conducting these inspections in accordance with the Denton County
Subdivision Rules and Regulations.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
City of Fort Worth,Texas Page 15 of 19
Standard Community Facilities Agreement with City Participation
Rev.4/2/20
38.
Cost Summary Sheet
Pro]ect Name: Shale Creek Phase 3A
CFA No CFA21-0066 IPRC No. IPRC21-0014 City ProjectNo.: 103158
Items Developer's Cost City's Cost Total Cost
A. Water and Sewer Construction
1. Water Construction Unit 1 $ 607,402.00 $ - $ 607,402.00
1. Water Construction Unit 1B $ 754,143.01 $ 1,097,066.99 $ 1,851,210.00
2.Sewer Construction $ 1,052,730.00 $ - $ 1,052,730.00
Water and Sewer Construction Total $ 2,414,275.01 $ 1,097,066.99 $ 3,511,342.00
B. TPW Construction
1.Street $ 1,182,024.50 $ $ 1,182,024.50
2.Storm Drain $ 1,631,030.00 $ $ 1,631,030.00
3.Street Lights Installed by Developer $ 188,670.00 $ $ 188,670.00
4. Signals $ - $ $ -
TPWConstructionCostTotal $ 3,001,724.50 $ $ 3,001,724.50
Total Construction Cost(excluding the fees): $ 5,415,999.51 $ 1,097,066.99 $ 6,513,066.50
Estimated Construction Fees:
C. Construction Inspection Service Fee $59,250.00 $9,500.00 $68,750.00
D. Administrative Material Testing Service Fee $27,734.00 $3,479.00 $31,213.00
E. Water Testing Lab Fee $3,000.00 $450.00 $3,450.00
F. Material Testing Cost $0.00 $21,941.34 $21,941.34
G. Design Services Cost $0.00 $70,000.00 $70,000.00
Total Estimated Construction Fees: $ 89,984.00 $ 105,370.34 $ 195,354.34
TOTAL PROJECT COST $ 5,505,983.51 1202437.33 $ 6,708,420.84
Choice
Financial Guarantee Options,choose one Mark one
Bond= 100% $ 6,513,066.50 x
Completion Agreement= 100%/Holds Plat
Cash Escrow Water/Sanitary Sewer= 125%
Cash Escrow Paving/Storm Drain= 125%
Letter of Credit= 125%
City of Fort Worth,Texas Page 16 of 19
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 DEVELOPER
Lennar Homes of Texas and Construcion LTD
19ana doAc
Dana Burghdoff Kct 12,202117:37 CDT)
Dana Burghdoff
Assistant City Manager
By:Jennifer Eller(Oct 12,202112:44 CDT)
Date: Oct 12,2021 Name: Jennifer Eller
Title: Authorized Agent
Recommended by:
Date: Oct 12,2021
Evelyn Rol arts(Oct 12,202113:57 CDT)
Evelyn Roberts/Jennifer Ezernack
Project Assistant
Development Services Department
Approved as to Form &Legality:
lez-Li-
Richard A.McCracken(Oct 12,202115:42 CDT)
Richard A.McCracken
Sr.Assistant City Attorney
M&C No. 21-0336 Contract Compliance Manager:
Date: 5/11/21
By signing, I acknowledge that I am the person
Form 1295: 2021-726432 responsible for the monitoring and
administration of this contract,including
ATTEST: aq�FORr��a ensuring all performance and reporting
O(�O°°°oo°°°ALa�j requirements.
°° Y
C' °
PA, °o��d
P�o o�� Qa,ui 7?'lexal�oa.
Ronald P. Gonzales o Q
o d
Acting City Secretary �1*o° °o�c�d Janie Scarlett Morales
� °O°°°°°°° d Development Manager
*XASaA
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth,Texas Page 17 of 19
Standard Community Facilities Agreement with City Participation
Rev.4/2/20
The following attachments are incorporated into this Agreement. To the extent a
conflict exists between the main body of this Agreement and the following attachments, the
language in the main body of this Agreement shall be controlling.
Included Attachment
❑X 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
❑X Exhibit A-1: Sewer Improvements
❑X Exhibit B: Paving Improvements
❑X Exhibit B-1: Storm Drain Improvements
❑X Exhibit C: Street Lights and Signs Improvements
❑X Cost Estimates
(Remainder of Page Intentionally Left Blank)
City of Fort Worth,Texas Page 18 of 19
Standard Community Facilities Agreement with City Participation
Rev.4/2/20
ATTACHMENT"1"
Changes to Standard Community Facilities Agreement
City Proj ect No. 103158
City of Fort Worth,Texas Page 19 of 19
Standard Community Facilities Agreement with City Participation
Rev.4/2/20
00 42 43
DAP-BID PROPOSAL
Page I of 7
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
SHALE CREEK PHASE 3A-CPN 103158
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Specification Unit of Bid
No. Description Section No. Measure Quantity Unit Price Bid Value
UNIT I:WATER IMPROVEMENTS
1 3305.0003 8"Waterline Lowering 33 05 12 EA 17 $2,500.00 $42,500.00
2 3305.0169 Trench Safety 33 05 10 LF 7446 $1.00 $7,446.00
3 3311.0001 Ductile Iron Water Fittings w/Restraint 33 1 1 11 TON 2.5 ,$5,000..g0
4 3311.0261 8"PVC Water Pipe _ 3311 12 _ LF 7446 $36.00 $268,056.00
5 3312.0001 Install Fire Hydrant 33 12 40 EA 11 $4,500.00 $49,500.00
6 3312.2003 1"Water Service 33 12 10 EA 177 $950.00 _ $168,150.00
7 3312.2103 1 1/2"Water Service 331216 EA 9 $2,000.00_ $18,0001.00,
_ 8" 3312.3003 8"Gate Valve _ 33 12 20 EA 33._ ,_,,.$1,250 00_ $41,250.00
9 -
10
1i
92 - -
13 .................. ................................ ................................._..._..._..
1416
_
__.._
16
18
19
20 _..
21 _ ._ ............. _..._.
23 _
24 _.......
26 _..._
27
28 _
.. .... _........_—.
30
31
32
_. ______1--.-...... _........................ . _ ._._.... ..__.. .. . ..............,.. .._ . ....__..__.... ...._,..,.....,,,...,.,.. .-....
33
34
_.. ............... ... .... ._._ _....... ..._ ..... ... ..._.. ...._ __... ._.....
35- _.
36
37
38
39
_
40
- _..,....,.,. ..__.__........ ..._... _,......_ .... .._...,.., _......... ...._... ....... ....... ...__....__. . .. _
41
42
_.................................... ...........,..._._.. ......... .._............, __......_................._.. _...._..__..__....._ ._.......
._..... ..._,...._.......,
44 _
45
TOTAL UNIT I:WATER IMPROVEMENTS $607,402.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
From Version May 22,2019 00 42 43_Bid Proposal_DAP.xIs
00 42 43
DAP-BID PROPOSAL
Page 2 or7
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
SHALE CREEK PHASE 3A-CPN 103158
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Specification Unit of Bid
No. Description Section No. Measure Quantity Unit Price Bid Value
UNIT IB:S COUNTY LINE RD WATER IMPROVEMENTS
1 3110.0101 Site Clearing 31 1000 LS 1 $15,000.00 $15,000.00
2 3125.0101 SWPPP i'1 acre 31 2500 LS 1 $2,500.00 $2,500.00
3 3292.0200 Seeding,Broadcast 32 92 13 SY 5740 $050 ,..,, $2 870.00
4 3304.0002 Cathodic Protection 33 04 12 LS 1 $75,000.00 $75,000.00
5 3305.0109 Trench Safety 33 05 10 LF_ 4870 $2.00 $9,740.00
6 3305.0110 Utility Markers 33 05 26 LS 1 $5,000.00 $5,000.00
7 3305.1107 42"Casing By Other Than Open Cut 33 05 22 LF 530 $900.00 $477,000.00
8 3305 2007 24"Water Carrier Pipe 33 05 24 LF 530 230.00 $121,900.00
9 3311.0001 Ductile Iron Water Fittings wl Restraint 3311 11 _ TON 3.1 $7,500.00 $23,250.00
10 3311.0441 12"Water Pipe 3311 10 LF 5 $80.00 $400.00
11 3311.,0651 24"DIP Water 3311 10......... LF - 4870 $165.00 .. , $803 550.00
12 3312.1004 4"Combination Air Valve Assembly for 33 12 30 EA
Water _ 6 , $9,500.00__, $57,000.00
13 3312.3008 24"Gate Valve w/Vault 33 12 20 EA 7 $29,500.00 $206,500.00
14 3312.6003 8"Blow Off Valve 33 12 60 EA 1 $12,500.00 $12.500.00
15 3471.0001 Lane Closure/Traffic Control 34 71 13 LS 1. $12 500.00 $12 500.00
. .. __._. ...,_...w.....__ . ._._.__....._ .,.. _,..--....._. . _...__ ........
_...._.._. ....._, _..
16 9999.0001 County Line Rd 8"Conc, Remove& 00 00 00 SY 200 $120.00 $24,000.00.
17 3312 0117 Connection to Existing 4"-12"Water Main 33 12 25 EA R 1 . $2,500 00 $2,500.00
. ...__._ _ __..- .,. _..
18
19
20
21
22
23
24
25
_...........,.,_. ............... ..............._` _ _.......... _..._.._ .. .. ..
26
27 _
28
—.......,.......—.._,........,.. ......... __. ... ...... e_..._v_w..
29
30 -
31
. 32 w.
33.._... _.. .._ .._.. ._.___......... ,...._.._._....... _ _..__. _ _.....__
34 -
35
36
38 —
39
40 _
41
44
_......_,_.._..._._...__......_..............__._.....__._.............._........................................_............._..........
_._.. _....._...._._ --__....,._._...._......................................__...,_....._.........
45
TOTAL UNIT IB:S COUNTY LINE RD WATER IMPROVEMENTS $1,851,210.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version May 22,2019 0042 43_Bid Proposal_DAPxls
00 42 43
DAP-BID PROPOSAL
Page 3 of 7
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
SHALE CREEK PHASE 3A-CPN 103158
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Specification Unit of Bid
No. Description Section No. Measure Quantity Unit Price Bid Value
UNIT It:SANITARY SEWER IMPROVEMENTS
1 3301.0002 Post-CCTV Inspection 00 00 00 LF 10684 $3.00 $32,052.00
2 3301.0101 Manhole Vacuum Testing 3301 30 EA 46 $150.00 $6,900.00_
_......._3.__. 3305.0109 Trench Safety............ . ...... . .. ....___330510 _.... . .___LF 10684.. .......___
4 3331.3101 4"Sewer Service _ 33 31 50 EA 256 $700.00 $179,200.00
5 3331.4115 8"Sewer Pipe(SDR-26,ASTM D3034) 3311 10 LF 9072 $48.00 $440,706.00
6 3331.4116 8"Sewer Pipe,CSS Backfill 3311 10 LF 700 $58.00 $40,,600.00
7 3331.4201 10"Sewer Pipe(SDR-26,ASTM D3034) 33 11 12 LF 1612 $62.00 __ $99,944.00
8 3339 1001 4'Drop Manhole 333910,33 EA 4._ $5.,200.00. - $20,800.00
_.
9 3339.1001 4'Manhole 33 39 10,33 EA 42 $4,200.00 .. $176,400.00
10 3339.0001 Epoxy Manhole Liner 333660 VF 88 $395.00, $34,760.00
_,. __.._....___,_.,.. __.._.......__.............—.._...__.......................-,...-...._................. _. ._..........._........__,..._... ..........
12
13
... ..._._....---_.............._.._.......__..-......_.._...._................-.........................,... ......_.....__ .....................,. _........,................... ......._....._..............._... .................,........_,_,..,...............
14
15 -
.,. .. _ ..... ............. ......___..............�..—.......
17
18 _-
19
2021 --
_.... . .........
22 �.._
23
24
_.., .... _._T..... _ -,....— ..... _. _.._.._._...._._... _...... __.............. .....
25
26 -
27
28
29
30 _
31
32
m. .__...._..............__........._._.__... ............—....._.._._..._.........., ....,..........._..............,...... _......_......._,......__.. -..__,...—..__.._......_...._._............_......_._.........
.......__.,_........
33
34._...,._.... .._._..__.._.___ ...._...._......._........................................-_. _... _.................-_........... _............. __.......,..._.. ..
35
36
37
38 _
39 _
40 _._........._......_..._..._._...,..............��_._ .....!_.......... ...._.._ _._..__..._....,............... _
41
42
43 _
44
45
TOTAL UNIT II:SANITARY SEWER IMPROVEMENTS $1,052,730.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version May 22,2019 00 42 43_Bid Proposal_DAP.xls
00 42 43
DAP-BIDPROPOSAL
Page 4 of 7
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
SHALE CREEK PHASE 3A-CPN 103158
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Specification Unit of Bid Unit Price Bid Value
Description
No. Section No. Measure Quantity
UNIT III: DRAINAGE IMPROVEMENTS
1 3137.0101 Concrete Riprap 31 3700 SY 609 $125.00 $76,125.00
_ m2 3341.0201 21"RCP,Class III 3341 10 LF 560 $55.00 $30,800.00
3 3341.0205 24"RCP,Class III 33 41 10 LF 670_-_-,_,, _$65.00. $43 550.00
...,..m...._._-._ ........ ............m�........m...... ... ...... -... .. ..., .. w .. .. w..d m..._,..
4 3341.0208 27"RCP,Class III 34 41 10 LF 16 $75.00, $1 200.00
5 3341.0302 30"RCP,Class III 35 41 10 LF 885. $80.00 $70,800.00
6 3341.0369 36"RCP,Class III 36 41 10 LF 907 $115.00,_ $104,305.00
7 3341.0402 42"RCP,Class III 37 41 10 LF 180 $140.00 $25,200.00
3341.0469 48"RCP,Class III 33 41 10 LF 2494 1 _,.. , 70.00
g � e. $ 55;00 $386 5_
9 - 3341.1202 5'x 4'Box Culvert 3341 10 LF 307 $280.00 $85,960.00
10 3341.1303 6'x 4'Box Culvert 3341 10 LF 812 $360.00 $292,320.00
11 3341.2001 10'x 4'Box Culvert 3341 10 LF 320 ... $620 00.
12 3349.0001 4'Storm Junction Box 33 49 10 EA 5 $5,000.00 $25,000.00
13 3349.0002 5'Storm Junction Box 33 49 10 EA 3. $6 000 00 .,-_., .$18,000.00.
14 3349.0003 6'Storm Junction Box - 33 49 10 EA 6 $7 000.00 $42,000.00
15 3349.3003 24"Straight Headwall,1 pipe 33 49 10 EA 2 $3,500.00 $7,000.00
16 3349 3005 30"Straight Headwall,1 pipe 33 49 10 EA 1 .-,. $4,000.00. $4,000.00
17 3349.3011 48"Straight Headwall,1 pipe 33 49 10 EA 1 $6,500.00 $6,500.00
18 3349.5001 10'Curb Inlet 33 49 20 EA 27 $3,400.00 $91,800.00.
19 3349.7001 4'Drop Inlet 33 49 20 EA 4 $5,000.00 $20,000.00
21 9999.0002 6'x4'Headwall TxD.OT SETB-PD 00 00 00 EA 1 $121500.00 $12,500.00
22 9999.0003 TxDOT Type FW-S Wingwall 00 00 00 EA 2 $44,_500.00, $89,000.00
-
24 _
2s
27
28
29
30
__.._......._.................... .__.__,... _.._....�_ �..-..-e.......,..
32
33
_..._,..._... -........-.._._......_...._..._.............m........_......_....._,...._..-_-__......_.....__.-.............., _......_...........,...-..,......... _..._.,..
35
..__---__._.._......._.................................___......................_..........
- �..,.....,..._._...._..,_ _ ......_.._ ...................._._._....._....._._..._........
36
37 -
38
39 _
40 .
41
_....-.,_.----. ._....-._._........,.._. _ _...-....,......_-..__..-..-._...........................- - .............-.._.._w..._..-_... ....._.........,..,..._._._,.__......-
42 _.
43
_...................._...__............................_................
......................._.... ._....__..._......_,_............ ..........._......_.__....... _._,
44
45
TOTAL UNIT III:DRAINAGE IMPROVEMENTS $1,631,030.00
CrrY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version May 22,2019 00 42 43_Bid Proposal_DAP.xIs
00 42 43
DAP-BID PROPOSAL
Page 5 of 7
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
SHALE CREEK PHASE 3A-CPN 103158
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Specification Unit of Bid Unit Price Bid Value
No. Description Section No. Measure Quantity
UNIT IV:PAVING IMPROVEMENTS
1 3211.0400 Hydrated Lime 3211 29 TON 400 $185.00 $74,000.00
2 3211.0501 6"Lime Treatment 32 11 29 SY 26530 $3.25 $86,222.50
3 3213.0101 6"Reinforced Conc Pvmt — 32 13 13 SY 24860,,. „$36.00, _„$894,960,00
......,..__._.- _. _..
4 3213.0302 5"Conc Sidewalk 32 13 20 SF 64.60 $4.50 $29,070.00
5 3213.0561 Install Barrier Free Ramp,Type R-1 32 13 20 EA 20 $1,500.00 $30,000.00
6 3213.0506 Install Barrier Free Ramp,Type P-1 32 13 20 EA 10 $1,606.00 $16,000.00
7 3291.0100 Topsoil 3291 19 CY 88 $24.00 $2,112.60
8 3292.0100 Block Sod Placement 32 92 13 SY 795 $8.00 $6,360.00
9 9999.0004 Furnishllnstall Alum Sig Ground Mount City 00 00 00 EA 19 $550.00•,. $10,450.00
10 9999.0005 Furnishllnstall Alum Sig Ground Mount City 00 00 00 EA 1,9„ ., $550.00. .$10,450.00.
11 9999.0006 Pedestrian Handrail 00 0000 LF 160 $140.00.-- $22,400.00.
12
13
14
15 _....... .........
16
17 ----
18 _
19
20
21
22 _ _,. .......... ,.
23 _.
24
25
26
27
28 _ ..... _...._ ._...
29
30
31 _....._. w__-._..-.._...___.._.._._.. _..
32 - —
33
34
35
36 _...................... ............... .......... ..................
.........— .....__._.a..._...._.._......._.._....
37 -
38 -
39
40 _
41 ... —
42 —
43 � -
_. .
44
TOTAL UNIT IV: PAVING IMPR VEMENTS $1,182,024.50
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
00 42 43_Bid Proposal_DAP.xIs
Form Version May 22,2019
00 42 43
DAP-BID PROPOSAL
Page 6 of 7
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
SHALE CREEK PHASE 3A-CPN 103158
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Description Specification Unit of Bid Unit Price Bid Value
No. I Section No. Measure Quantity
UNIT V:STREET LIGHTING IMPROVEMENTS
1 3441.3301 Rdwy Ilium Foundation TY 1 3441 20 EA 32 $1,200.00 $38,400.00
2 3441.3341 Rdwy Ilium TY 11 Pole 3441 20 EA 32 $2,600.00 $8,3,200.00
3 3441 1638 Furnish/Install Type 33B Arm 34 41 20 EA 32 „$400,00. $12,800.00
YP .
4 3441.4006 Install Alum Sign Ground Mount 3441 30 EA _ 19 $550.00 $10,450.00
5 3605.3016 2"Condt PVC SCH 80(T) T 26 05 33 LF 1910 $1,2.00_ $22,920.00
6 9999.0008 Type R2 Luminaire 00 00 00 EA 30 $650.00 „ $19,500.00
7 9999.0009 Type R4 Luminaire 00 00 00 EA _ 2 $700.00 $1,400.00
g ........................._._..
9
10
11
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12
13 _................. _..__._._.......................__.............
15
18 _, ...
19 _
20
21
22
23 ..,
24 _- ._...,_.... �__..-.........
25
26 _
27
2830
-
29
31
32
_........................ ..............................._.._..._....--......_.......__._...._..................._..,..w......_...... _ _...-.-
33
34
35
36
37
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40
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...
43 _ _
44 _
TOTAL UNIT V:STREET LIGHTING IMPROVEMENTS $188,670.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
00 42 43_Bid Proposal_DAP.xIs
Form Version May 22,2019
00 42 43
DAP-BID PROPOSAL
Page 7 of 7
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
SHALE CREEK PHASE 3A-CPN 103158
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Specification Unit of Bid
No. Description Section No. Measure Quantity Unit Price Bid Value
Bid Summary
UNIT I:WATER IMPROVEMENTS $607,402.00
UNIT IBIS COUNTY LINE RD WATER IMPROVEMENTS _ $1,_851,2210.00
UNIT II:SANITARY SEWER IMPROVEMENTS $1�052,730.00
UNIT III:DRAINAGE IMPROVEMENTS _ $1,631,030.00
UNIT IV:PAVING IMPROVEMENTS _- $1,182,024.50
UNIT V:STREET LIGHTING IMPROVEMENTS _ _ $188,670.00
Total Construction Bid $6,513,066.50
This Bid is submitted by the entity named below:
BIDDER: BY: Brock Huggins
Conatser Construction TX.L.P. s
5327 Wichita St.
Fort Worth,TX 76119 TITLE:President UU
DATE:
Contractor agrees to complete WORK for FINAL ACCEPTANCE within _ working days after the date when the
CONTRACT commences to run as provided in the General Conditions.
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version May 22,2019 00 42 43_Bid Proposel_DARxIs
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DOE NO. 101500, X-25279 Suite 300 PETER PURDY:PHONE 817.288.196
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VOLUME 4555, PAGE 986 LENNAR HOMES OF TEXAS
O.P.R.C.T LAND AND CONSTRUCTION,LTD. EXHIBIT'A-1
1707 BENTLEY SHALE CREEK PHASE 3A
MARAR KET PLACE BOULEVARD
SUITE 100 CITY PROJECT NO.103158
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5/14/2021 M&C Review
Official site of of • Worth,
CITY COUNCIL AGENDA FoRJ' Oi
DATE: 5/11/2021 REFERENCE **M&C 21- LOG NAME: 60SHALE CREEK 24-INCH
NO.: 0336 WATERLINE
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT. (CD 7)Authorize Execution of a Community Facilities Agreement with Lennar Homes of
Texas Land and Construction, Ltd. with City Participation in an Amount Not to Exceed
$1,333,556.39, for Oversizing a Twelve Inch Water Main to a Twenty-Four Inch Water
Main in the Vicinity West of North Freeway and State Highway 114 to Serve Shale Creek
and Anticipated Future Growth in North Fort Worth and Adopt Attached Appropriation
Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of a Community Facilities Agreement with Lennar Homes of Texas Land and
Construction, Ltd. with City participation in an amount not to exceed $1,333,556.39, for oversizing
a twelve-inch water main to a twenty-four inch water main in the vicinity west of North Freeway
and State Highway 114 to serve Shale Creek and anticipated future growth in north Fort Worth
(City Project No. 103158); and
2. Adopt the attached appropriation ordinance adjusting receipts and appropriations in the Water and
Sewer Bond 2020A Fund by increasing receipts and appropriations in the CFA Bucket
programmable project (City Project No.1300001) in the amount of $1,515,419.00 and decreasing
receipts and appropriations in the Unspecified project (City Project No. UNSPEC) and by the same
amount to fund the Community Facilities Agreement - Shale Creek Phase 3A project.
DISCUSSION:
Lennar Homes of Texas Land and Construction, Ltd. (Developer) is constructing the Shale Creek Phase 3A
Development(Development) located west of North Freeway and State Highway 114. The Water Department
would like to cost participate to oversize approximately 5500 linear feet of 12-inch water main to a 24-inch
water main. The Shale Creek Phase 3A project is assigned City Project No. 103158 and Accela System
Record IPRC21-0014.
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 performance bond to cover
the total project cost, including all of the City's cost participation, and the City's cost participation will be
determined in accordance with the City's Community Facilities Agreement (CFA) Unit Price Ordinance. The
City's cost participation in the construction and oversizing of the water mains are estimated to be in an
amount not to exceed $1,333,556.39, which is 64.3\% of the cost as shown in the table below. Payments to
the Developer are estimated to be $1,212,416.16 for construction cost, $37,711.23 for material testing and
$70,000.00 for design cost. The remaining City participation in the estimated amount of$13,429.00 will
cover the City's portion of inspection fees, administrative material testing fees, and water lab testing fees.
Developer City Cost
Cost o 64.3\% Total Cost
35.7\/o
I
FA. 24"WL Construction F F
1. Water $673,145.52 $1,212,416.16 $1,885,561.68
2. Water Contingency $0.00 $181,862.42 $181,862.42
apps.cfwnet.org/council_packet/mc_review.asp?I D=28886&councildate=5/11/2021 1/3
5/14/2021 M&C Review
B. Inspections &Testing
1. Construction Inspection Fee $68,750.00 $9,500.00 $78,250.00
2. Admin Material Testing Fee $31,213.00 $3,479.00 $34,692.00
3. Water Lab Fee $3,450.00 F $450.00 F $3,900.00
4. Material Testing Cost
Contingency $0.00 $37,711.23 $37,711.23
C. Design Services Cost F
1 . Design Services
Cost $0.00 $70,000.00 $70,000.00
Total Project Cost* $776,558.52 $1,515,418.82 $2,291,977.34
*Numbers will be rounded up for accounting purposes.
The cost stated herein is based upon an engineer's estimate. 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.
Funding for the CFA-Shale Creek Phase 3A as depicted in the table below:
Fund Existing Additional�Project Total*
Appropriations Appropriations
Water and Sewer
Bond 2020A- $0.00 $1,515,419.00 $1 ,515,419.00
Fund 56017
FProject Total T $0.00 $1 ,515,419.00 $1 ,515,419.00
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 Facilities Agreement.
This Development is located in Council District 7.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are currently available in the Unspecified -All Funds
project within the Water& Sewer Bond 2020A Fund and upon approval of the above recommendations and
adoption of the attached appropriation ordinance, funds will be available in the Water& Sewer Bond 2020A
Fund for the CFA Bucket programmable project to support the approval of the above recommendations and
execution of the agreement for the CFA-Shale Creek Phase 3A project. Prior to an expenditure being
incurred, the Water Department has the responsibility of verifying the availability of funds.
TO _
Fund Department Account Project Program Activity BudgetT Reference# Amount
ID ID I Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
Submitted for City Manager's Office by_ Dana Burghdoff(8018)
apps.cfwnet.org/council_packet/mc_review.asp?I D=28886&councildate=5/11/2021 2/3
5/14/2021 M&C Review
Originating Department Head: Chris Harder(5020)
Additional Information Contact: Soon Wong (8369)
ATTACHMENTS
60SHALE CREEK 24-IN WATERLINE 56017.v2.docx
Shale Creek 24in Cost Participation.pdf
apps.cfwnet.org/council_packet/mc_review.asp?I D=28886&councildate=5/11/2021 3/3
5/14/2021 City of Fort Worth-File#:M&C 21-0336
Iro'—_
Home Legislation Calendar City Council Departments
rj 5ha-e .3RS 1d�Alerts
Details Reports
File #: M&C 21-0336 Version: 1 Name:
Type: Award of Contract Consent Status: Passed
File created: 5/6/2021 In control: CITY COUNCIL
On agenda: 5/11/2021 Final action: 5/11/2021
(CD 7)Authorize Execution of a Community Facilities Agreement with Lennar Homes of Texas
Land and Construction, Ltd. with City Participation in an Amount Not to Exceed $1,333,556.39,
Title: for Oversizing a Twelve Inch Water Main to a Twenty-Four Inch Water Main in the Vicinity West
of North Freeway and State Highway 114 to Serve Shale Creek and Anticipated Future Growth in
North Fort Worth and Adopt Attached Appropriation Ordinance
Attachments: 1. M&C 21-0336, 2. Shale Creek 24in Cost Participation.pdf, 3. 60SHALE CREEK 24-
IN WATERLINE 56017.v2.pdf
History(1) Text
1 record Group Export
Date Ver. Action By Action Result Action Details Meeting Details Video
5/11/2021 1 CITY COUNCIL Approved Action details Meeting details Not available
https://fbrtworthgov.legistar.com/LegislationDetaii.aspx?ID=4938426&GUID=859B8CC5-4F67-4899-AA72-7BADA9A35266&Options=&Search= 1/1