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HomeMy WebLinkAboutContract 56737 Received Date: 11/29/2021 Received Time:2:14 pm Developer and Project Information Cover Sheet: Developer Company Name: Cow Town Owner,L.L.0 Address, State,Zip Code: 1900 W. Loop South 9 13 00,Houston ,TX,77027 Phone &Email: 713-231-1639,jef£knowles&transwestern.com Authorized Signatory,Title: Jeff Knowles,Authorized Signatory Project Name: East Bailey Boswell Road Brief Description: Water, Sewer,Paving, Storm Drain, Street Lights Project Location: SW of IH35 and US287 Intersection Plat Case Number: Plat Name: Mapsco: Council District: 2 CFA Number: CFA21-0088 City Project Number: 103320 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX City of Fort Worth,Texas Page 1 of 18 Standard Community Facilities Agreement with City Participation Rev.4/2/20 City Secretary Number: 56737 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 Cow Town Owner, L.L.C. ("Developer"),acting by and through its duly authorized representative. City and Developer are referred to herein individually as a"parry" 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 East Bailey Boswell Road("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, in order to obtain the City's approval for the Project, Developer is required to construct the eastern two lanes of East Bailey Boswell Road from Harmon Road to Old Pecos Trail;and WHEREAS, the City's participation in this Agreement shall be in an amount not to exceed $3,999,999.80 to enlarge the scope of the Improvements beyond what Developer is responsible for constructing in order to construct the full, four-lane divided roadway for East Bailey Boswell Road from Harmon Road to Horseman Road with a traffic signal at the intersection of East Bailey Boswell Road and Harmon Road as authorized by City Council through approval of M&C 21-0435 on June 22, 2021 ("City Participation"); and WHEREAS, the City Participation includes reimbursement to Developer in an amount not to exceed$3,669,999.80 for construction costs for Improvements that the City will fund that are eligible to be funded with transportation impact fees, and$330,000.00 for engineering costs; and WHEREAS, the Developer and the City desire to enter into this Agreement in connection with the collective Improvements for the Project; City of Fort Worth,Texas Page 2 of 18 Standard Community Facilities Agreement with City Participation Rev.4/2/20 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 City of Fort Worth,Texas Page 3 of 18 Standard Community Facilities Agreement with City Participation Rev.4/2/20 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 300 working days from the date the City issues a notice to proceed to construction and obtain the City's acceptance of the Improvements three (3)months after completion of construction,with both dates being subject to extension for events of force majeure ("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 during the Term,the Developer breaches this Agreement,becomes insolvent,or fails to pay costs of 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. (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. City of Fort Worth,Texas Page 4 of 18 Standard Community Facilities Agreement with City Participation Rev.4/2/20 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 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. City of Fort Worth,Texas Page 5 of 18 Standard Community Facilities Agreement with City Participation Rev.4/2/20 (f) Developer will not allow Developer's contractors to begin construction of the Improvements until a notice to proceed to construction is issued by the City. (g) Developer will not allow Developer's contractors to connect buildings to service lines of sewer and water mains constructed pursuant to this Agreement, if any, until said sewer, water mains and service lines have been completed to the satisfaction of the City. (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. II. 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 PROPERLY SAFEGUARD THE WORK, OR ONACCOUNT OFANYACT,INTENTIONAL OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID DEVELOPER, ITS CONTRACTORS, SUB-CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, WHETHER OR NOT SUCHINJURIES,DEATH OR DAMAGESARE CAUSED,IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS,SERVANTS, OR EMPLOYEES. City of Fort Worth,Texas Page 6 of 18 Standard Community Facilities Agreement with City Participation Rev.4/2/20 (c) DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, SUITS OR CAUSES OF ACTION OF ANY NATURE WHATSOEVER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ON ACCOUNT OF ANY INJURIES OR DAMAGES TO PERSONS OR PROPERTY, INCLUDING DEATH,RESULTING FROM, OR INANY WAY CONNECTED WITH, THE CONSTRUCTION OF THE IMPROVEMENTS CONTEMPLATED HEREIN, WHETHER OR NOT SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS, SERVANTS, OR EMPLOYEES. FURTHER, DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES SUFFERED BY THE CITY OR CAUSED AS A RESULT OF SAID CONTRACTORS' FAILURE TO COMPLETE THE WORK AND CONSTRUCT THE IMPROVEMENTS IN A GOOD AND WORKMANLIKE MANNER, FREE FROM DEFECTS,IN CONFORMANCE WITH THE CIA ORDINANCE, AND INACCORDANCE WITH ALL PLANS AND SPECIFICATIONS. 13. Right to Enforce Contracts Upon completion of all work associated with the construction of the Improvements,Developer will assign to the City a non-exclusive right to enforce the contracts entered into by Developer with its contractors,along with an assignment of all warranties given by the contractors,whether express or implied. Further,Developer agrees that all contracts with any contractor shall include provisions granting to the City the right to enforce such contracts as an express intended third party beneficiary of such contracts. 14. Estimated Fees Paid by Developer; Reconciliation Prior to execution of this Agreement, Developer has paid to the City the estimated cost of administrative material testing service fees, construction inspection service fees, and water testing lab fees in the amounts set forth in the Cost Summary section of this Agreement. Upon completion of the construction of the Improvements, the City will reconcile the actual cost of administrative material testing service fees, construction inspection service fees, and water testing lab fees with the estimated fees paid by Developer. If the actual costs of the fees are more than the estimated payments made by the Developer, the Developer must pay the difference to the City before the Improvements will be accepted by the City. If the actual costs of the fees are less than the estimated payments made by the Developer,the City will refund the difference to the Developer.If the difference between the actual costs and the estimated payments made by the Developer is less than fifty dollars($50.00),the City will not issue a refund and the Developer will not be responsible for paying the difference. The financial guarantee will not be released by the City or returned to the Developer until reconciliation has been completed by the City and any fees owed to the City have been paid by the Developer. 15. Material Testing The City maintains a list of pre-approved material testing laboratories. The Developer must contract with material testing laboratories on the City's list. Material testing laboratories will provide copies of all test results directly to the City and the Developer. If the Improvements being constructed fail a test, the Developer must correct or replace the Improvements until the Improvements pass all retests. The City of Fort Worth,Texas Page 7 of 18 Standard Community Facilities Agreement with City Participation Rev.4/2/20 Developer must pay the material testing laboratories directly for all material testing and retesting.The City will obtainproof from the material testing laboratories that the material testing laboratories have been paid in full by the Developer before the City will accept the Improvements. 16. Notices All notices required or permitted under this Agreement may be given to a party by hand- delivery or by mail, addressed to such party at the address stated below. Any notice so given shall be deemed to have been received when deposited in the United States mail so addressed with postage prepaid: CITY: DEVELOPER: Development Coordination Office Cow Town Owner, L.L.0 City of Fort Worth 1900 W. Loop South, Suite 1300 200 Texas Street Houston, TX, 77027 Fort Worth, Texas 76102 Attention: Jeff Knowles 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. City of Fort Worth,Texas Page 8 of 18 Standard Community Facilities Agreement with City Participation Rev.4/2/20 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 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. City of Fort Worth,Texas Page 9 of 18 Standard Community Facilities Agreement with City Participation Rev.4/2/20 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 parry 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" and "company" have the meaning ascribed to those terms by Chapter 22271 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. 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" City of Fort Worth,Texas Page 10 of 18 Standard Community Facilities Agreement with City Participation Rev.4/2/20 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. 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 City of Fort Worth,Texas Page 11 of 18 Standard Community Facilities Agreement with City Participation Rev.4/2/20 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. 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 will pay Developer construction costs in an amount not to exceed $3,669,999.80. The City Participation shall not include any reimbursement to Developer for material testing costs, construction inspection fees, administrative material testing fees, or water testing fees. During construction of the Improvements, Developer will receive applications for payment from Developer's contractors. Developer shall verify that each application for payment is due and City of Fort Worth,Texas Page 12 of 18 Standard Community Facilities Agreement with City Participation Rev.4/2/20 payable under the construction contracts between Developer and the contractors and that the Improvements that are the subject of the application for payment have been constructed. Developer shall submit payment requests to the City,in the form of an invoice from Developer to the City,no more frequently than one time per month,to obtain reimbursement of the City Participation(each a "Payment Request"). Each Payment Request shall be delivered to the City by email with the subject reading "Reimbursement Request East Bailey Boswell Road CPN 103320" and delivered to Mini an.Spencergforlworthtexas.gov. Each Payment Requested submitted by Developer shall be accompanied with proof that Developer has paid the contractors for the amount included in the Payment Request, and an affidavit and lien release from the contractors indicating that Developer has paid the contractors in full for the amount included in each Payment Request and the contractors have paid all subcontractors and material suppliers in full. City shall pay Developer the City Participation for items in each invoice that City has agreed to fund pursuant to this Agreement that are eligible to be paid for with transportation impact fees. City shall make payment to Developer within thirty (30) days after receipt of each Payment Request and the affidavits and lien releases supporting each Payment Request. City shall withhold 5% retainage from each payment to Developer. City will pay retainage to Developer within thirty (30) days after construction and acceptance of the Improvements and all punch list items have been completed to the satisfaction of the City. (b) City shall pay Developer engineering fees in an amount not to exceed $330,000 for items eligible to be paid with transportation impact fees 30 days after delivery of an invoice from the Developer to the City, a copy of the invoice from the design consultant to the Developer, and documentation showing that Developer has paid the design consultant. (c) 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. City represents that $4,000,000 of funds has been appropriated and budgeted for the project. 37. Minority Business Enterprise Compliance It is City policy to ensure the full and equitable participation by Minority Business Enterprises (MBE) and Small Business Enterprises (SBE) in the procurement of goods and services on a contractual basis. In accordance with the City's Business Diversity Enterprise Ordinance No. 20020-26712-2011 (as amended), the City has established a goal of 18% on the City Participation for the Improvements in this Agreement as set forth in Attachment 4, which is attached hereto and incorporated herein by reference. Developer shall comply with the intent of the City's Business Diversity Enterprise Ordinance. Developer shall, upon request by City, provide complete and accurate information regarding actual work performed by an MBE or SBE on this Agreement and payment therefor. Developer will not make additions,deletions, or substitutions of accepted MBE or SBE without written consent of the City. Any unjustified change or deletion shall be a material breach of this Agreement. Developer shall require its contractors to comply with the Diversity Enterprise Ordinance and the 18% goal for the City Participation in the Improvements for this Agreement. City of Fort Worth,Texas Page 13 of 18 Standard Community Facilities Agreement with City Participation Rev.4/2/20 38. Cost Summary Sheet Pro]ect Name: East Bailey Boswell Road CFA No CFA21-0088 IPRC No. IPRC21-0050 City ProjectNo.: 103320 Items Developer's Cost City's Cost Total Cost A. Water and Sewer Construction 1. Water Construction $ 642,900.00 $ $ 642,900.00 2.Sewer Construction $ 2,472,782.00 $ $ 2,472,782.00 Water and Sewer Construction Total $ 3,115,682.00 $ $ 3,115,682.00 B. TPW Construction 1.Street $ 1,743,779.50 $ 2,337,756.80 $ 4,081,536.30 2.Storm Drain $ 1,645,440.00 $ 784,825.00 $ 2,430,265.00 3.Street Lights Installed by Developer $ 291,962.00 $ 201,004.00 $ 492,966.00 4. Signals $ - $ 346,414.00 $ 346,414.00 TPW Construction Cost Total $ 3,681,181.50 $ 3,669,999.80 $ 7,351,181.30 Total Construction Cost(excluding the fees): $ 6,796,863.50 $ 3,669,999.80 $ 10,466,863.30 Estimated Construction Fees: C. Construction Inspection Service Fee $93,750.00 $93,750.00 D. Administrative Material Testing Service Fee $29,253.00 $29,253.00 E. Water Testing Lab Fee $2,040.00 $2,040.00 F. Design $ 15,000.00 $ 330,000.00 $ 345,000.00 Total Estimated Construction Fees: $ 140,043.00 $ 330,000.00 $ 470,043.00 TOTAL PROJECT COST $ 6,936,906.50 $3,999,999.80 $ 10,936,906.30 Choice Financial Guarantee Options,choose one Amount (Mark one) Bond= 100% $ 6,796,863.50 x Completion Agreement= 100%/Holds Plat $ 6,796,863.50 Cash Escrow Water/Sanitary Sewer= 125% $ 3,894,602.50 Cash Escrow Paving/Storm Drain= 125% $ 4,601,476.88 Letter of Credit= 125% $ 8,496,079.38 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 DEVELOPER Cow Town Owner,L.L.C., Dam&�4LWe a Delaware limited liability company Dana Bur�1818,202 Dana Burghdoff By: QR TDC Fort Worth,L.P.,a Delaware Assistant City Manager limited partnership,its sole member Date: Nov 18,2021 By: TDC Fort Worth GP,LLC,a Delaware limited liability Recommended by: company,its co-general partner �� (e�n� CI r3. Q. Evelyn Roberts/Jennifer Ezernack By: O Project Assistant Name: Jeff Knowles Development Services Department Title: Authorized Signatory Date: Nov 18,2021 Approved as to Form &Legality: `�22 Richard A.McCracken(Nov 18,202116:02 CST) Richard A.McCracken Sr.Assistant City Attorney M&C No. 1-0435 Date: 6/22/21 Form 1295: 2021-763145 ATTEST: �pF FOR rah Al O °°°°°°°° o° 00�� Contract Compliance Manager: v o 0040, = By signing, I acknowledge that I am the person Ronald P. Gonzales ° ° d- ° o d responsible for the monitoring and Acting City Secretary �� o 000 o ° �kQ nEXASoapadministration of this ensuring all performancoe and reporting including naa requirements. J e Scarlett Morales(Nov 18,202115:49 CST) Janie Scarlett Morales Development Manager OFFICIAL RECORD City of Fort Worth,Texas CITY SECRETARY Standard Community Facilities Agreement with City Participation Rev.4/2/20 FT.WORTH, TX 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 Attachment 4—Business Diversity Ordinance Compliance ❑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 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. 103320 Negotiated changes are contained in the body of this Agreement. City of Fort Worth,Texas Page 17 of 18 Standard Community Facilities Agreement with City Participation Rev.4/2/20 ATTACHMENT"4" Business Diversity Ordinance Compliance Y1dr2W Duna. CITY OF FORT WORTH CONTRACT COMPLIANCE MEMORANDUM THIS FORM MUST BE ATTACHED TO THE ROUTING "M & C"BEFORE LAW DEPARTMENT AND CITY MANAGER APPROVAL To: Department Project Manager From:Office of Business Equity Date: September 14,2021 In the Arnount of: $10,466,863.30 ocr=aka w ProjectfBid: East Bailey Boswell 1. Cornpliance with the City's Business Equity Ordinance has been achieved by the following method: Jackson Construction,Ltd.is in compliance with the Citys Business Equity Ordinance by committing to 2.66% Business Equity participation and documenting good faith effort_Jackson Construction, Ltd_ identified several subcontracting and supplier opportunities_ However,the firms contacted in the areas identified did not respond or did not submit the lowest bids. The City's Business Equity goal on this project is 18%. r�s:l.'dfMvrnlTRf9[}C917p13gEL17111FIV111Pegz•URiBtyT.L9fLa6p7XJ D-6252 V1 City of Fort Worth,Texas Page 18 of 18 Standard Community Facilities Agreement with City Participation Rev.4/2/20 00 4243 DAP-DID PROPOSAL Pege 1 ar4 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM IPRC21-0050 UNIT PRICE BID - EAST BAILEY BOSWELL ROAD Bidder's Application Project Item Information Bidders Proposal Bidlist Item No. Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value NIT I:WATER IMPROVEMENTS 1 0241.1118 4"-12"Pressure Plug 0241 14 EA 12 $475-00 $5,70100 2 3305-0109 Trench Safely 33 05 10 LF 4,352 $1-00 $4.352.00 3 3305.0110 Utility Markers 33 05 26 LS 1 $5,200-00 $5,200-00 4 3311.0001 Ductile Iron Water Fittings w/Restraint 33 11 11 LS 1 S45.000.00 $45,000.00 5 3311-0141 6"Water Pipe 33 11 10,33 11 12 LF 31 $67.00 $2,077-00 6 3311-0241 8"Water Pipe 33 11 10,33 11 12 LF 180 W-00 $12,240,00 7 3311-0441 12"Water Pipe 3311 10,3311 12 LF 4,141 $91.00 $376,831-00 8 3312-0001 Fire Hydrant 33 12 40 EA 1 $6,000.00 $6,000,00 9 3312-0117 Connection to Existing 4"-12"Water Main 33 12 25 EA 2 $3,400.00 $6,800,00 10 3312.2201 2"Water Service,Meter Reconnection 33 12 10 EA 11 $4,000.00 $44,000-00 11 3312.3002 6"Gate Valve 33 12 20 EA 1 $1,51)0.00 $1,500-00 12 3312.3003 8"Gate Valve 33 12 20 EA 12 $3,1D0 DO $37,200-00 13 3312.3005 12"Gate Valve 33 12 20 EA 18 $3.400.00 $61,200 00 14 9999.0004 12"x8"Reducer 09 99 04 EA 1 $800.00 $800-00 15 9999.0005 Controlled Low Strength Material 99 99 05 LF 360 S75-DO $27,000-00 16 9999 0006 Auto Flushing Device 99 99 06 EA 1 $7,0W.D0 $7,000-00 TOTAL UN IT I t WATERIM PROVEM ENTS $042,900-00 UNIT II:SANITARY SEWER IMPROVEMENTS 1 3301,0002 Post-CCTV Inspection 3301 31 LF 7,921 $5-00 S39.605-00 2 3301.0101 Manhole Vacuum Testing 3301 30 EA 19 S3DO-00 $5,700-00 3 3305.0109 Trench Safety 33 05 10 LF 6,400 $1.00 $6,400-00 4 3305.1005 30"Casing By Open Cut 33 05 22 LF 489 S285.00 $139,365-00 5 3305.1104 30"Casing By Other Than Open Cut 33 05 22 LF 1,783 $630.00 $1,123,290-00 6 3305.0110 Utility Markers 33 05 26 EA 10 $100-00 $1,000.00 7 8"Ductile Iron Sanitary Sewer Pipe 3311 10,33 31 12,33 31 20 LF 127 $90.00 $11,430.00 8 8"SDR 26 PVC Sanitary Sewer Pipe 3311 10,33 31 12,33 31 20 LF 3,064 $38.00 $116,432-00 9 16"Ductile Iron Sanitary Sewer Pipe 33 11 10,33 31 12,33 31 20 LF 2,272 $127.00 $288,544.00 10 15"SDR 26 PVC Sanitary Sewer Pipe 33 11 10,33 31 12,33 31 20 LF 2,725 $111 00 $302,475-00 11 0241.2103 8"Sewer Abandonment Plug 0241 14 EA 5 M..00 $275-00 12 0330.0001 Concrete Encase Sewer Pipe 03 30 00 CY 5 $200-00 $1,0D0-00 13 3213.0106 11"Cone Pvmt 3213 13 SY 62 $128.00 $7.936-00 14 3213.0301 4"Cone Sidewalk 32 13 20 SF 405 $11.00 $4.455.00 15 3216.0101 6"Cone Curb and Gutter 32 16 13 LF 20 $75.00 $1,500.00 16 3331.3401 Ductile Iron Sewer Fittings 3311 11 LS 1 $500.00 $5D0.90 17 3305,0107 Manhole Adjustment,Minor 33 05 14 EA 5 $500.00 $2,500.00 18 3339,0001 Epoxy Manhole Liner 33 39 60 VF 375 $290.00 $105.750.00 19 3339,1001 4'Manhole 33 39 10,33 39 20 EA 27 $8,000.00 $216.000.00 20 3339,1002 4'Drop Manhole 33 39 10, 33 39 20 EA 1 $13,000.00 $13,000.00 21 3339,1003 Extra Depth Manhole 33 39 10,33 39 20 VF 358 $100,00 535.800.00 22 9999.0007 Water-Tight Hinged Manhole Frame,Cover and Grade Rings 99 99 07 EA 1 $825.00 $825.00 23 9999.0008 Controlled Low Strength Material 99 99 08 LF 200 $130.00 $26.000.00 24 9999.0023 Controlled Low Strength Material Backfill Between Manholes 99 99 23 EA 1 $20,000.00 $20,000.00 T TAL UNIT SANITARYIIE I P V S2,472.782.00 UNIT III:DRAINAGE IMPROVEMENTS 1 0241.4401 Remove Headwall/SET 024114 EA 8 $400.00 $3,200.DD 2 0241.3102 18"Storm Abandonment Plug 0241 14 EA 14 $80.00 $1,120 DO 3 0241,3103 21"Storm Abandonment Plug 0241 14 EA 1 $100.00 $100 DO 4 0241.3104 24"Storm Abandonment Plug 0241 14 EA 3 $110.00 5330.00 5 0241-3108 36"Storm Abandonment Plug 0241 14 EA 3 $180,00 $540.00 6 0241,3110 42"Storm Abandonment Plug 0241 14 EA 1 $200.00 $2D0.00 7 3126.0101 SWPPP >_1 acre 31 2500 LS 1 $30,000.00 $30,000.00 8 3305.0109 Trench Safety 33 05 10 LF 8,710 $2.00 $17 a20.OD 9 3305.0110 Utility Markers 33 05 26 LS 1 $4,200.00 $4,20D.OD 10 3341 0103 18"RCP,Class III 3341 10 LF 47 $63.00 $2,961.50 11 3341.0201 21"RCP,Class III 3341 10 LF 1,431 $67.00 $95,877.00 12 3341 0205 24"RCP,Class III 3341 10 LF 1,388 $77.00 $106,876.00 13 3341.0302 30"RCP,Class 111 3341 10 LF 422 399.00 $41,778.00 14 3341.0309 36"RCP,Class 111 3341 10 LF 1,373 $133.00 S182,609.00 15 3341.0402 42"RCP,Class 111 3341 10 LF 280 S180.00 $50,4D0.00 16 3341 0409 48"RCP,Class 111 3341 10 LF 491 $213.00 $104.583.1)0 17 3341.0503 54"RCP,Class 111 3341 10 LF 453 $276.00 $125.028.D0 18 3341.0602 60"RCP,Class 111 3341 10 LF 1,745 $338.00 $589,810.00 19 3341,1305 6x6 Box Culvert 3341 10 LF 511 $512.00 $261,632.00 20 3341.1404 7x6 Box Culvert 3341 10 LF 564 $609.OD S343,476.00 21 3349.0001 4'Storm Junction Box 33 49 10 EA 9 $6,31)0.00 $56,7D0.00 22 3349.0002 5'Storm Junction Box 3349 10 EA 1 $13,000.00 $13.0D0.00 23 3349.0003 6'Storm Junction Box 33 49 10 EA 5 $14.000.00 S70,ODD.00 24 3349.0102 4'Stacked Manhole 33 49 10 EA 2 $2,000.OD S4,0W.00 25 3305.0112 Concrete Collar 33 05 17 EA 8 $100.D0 $800-00 26 3349.6001 10'Recessed Inlet 33 49 20 EA 25 $4:900.DD $122,50D.OD 27 3349,6002 15'Recessed Inlet 33 49 20 EA 6 $7,600.00 $45,6DD-OD 28 3349.7001 4'Drop Inlet 33 49 20 EA 4 $4,500.0D $18,400.00 29 3349.7003 6'Drop Inlet 33 49 20 EA 1 59,500.OD 39,500.00 CrrV OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS F.-Version Mey 22.2019 Ees[DAiley Doswell Rd ADMd3-FTW.xlsx 00 1211 DAP-DID PROPOSAL Page 2 oCJ SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM IPRC21-0050 UNIT PRICE BID - EAST BAILEY BOSWELL ROAD Bidder's Application Project Item Information Bidders Proposal Bidlist Item No. Description Specification Section No- Unit of Measure Bid quantity Unit Price Bid Value 30 3137,0102 Large Slone Riprap,dry 31 3700 SY 515 $75 00 $38,625.00 31 9999,0009 TxDOT PJB 99 99 09 EA 2 $20,000.00 $40,000.00 32 9999,0010 TxDOT CH-PW-O 99 99 10 EA 2 $15,000.00 $30,000.00 33 9999,0011 TxDOT Wingwall PW-1,HW=7',(4:1) 99 99 11 EA 1 $19,000.00 $19,000.00 TOTALNfT tilt I E I V M T $2,430.265.00 UNIT IV:PAVING IMPROVEMENTS 1 0171,0101 Construction Staking 01 71 23 LS 1 $80,000.00 $80,000.00 2 0171,0102 As-Built Survey 01 71 23 LS 1 $9,000.00 $9,000.00 3 0241.0800 Remove Rip Rap 0241 13 SF 1420 $2.00 $2,840.00 4 0241.1000 Remove Conc Pvmt 0241 15 SY 1289 $17.00 $21,913.00 5 0241.1100 Remove Asphalt Pvmt 0241 15 SY 187 $16,00 $2,992.00 6 0241.0300 Remove ADA Ramp 0241 13 EA 1 $400,00 $400.00 7 3441.4108 Remove Sign Panel and Post 3441 30 EA 4 $150.00 $600 00 8 0241.4401 Remove Headwall/SET 0241 14 EA 8 $600.00 $4,800 00 9 0241.3014 Remove 21"Storm Line 0241 14 LF 90 $33.00 $2,970 00 10 0241.3015 Remove 24"Storm Line 0241 14 LF 19 $37.00 $703 00 11 0241.3017 Remove 30"Storm Line 0241 14 LF 12 $42.00 $504 00 12 0241.3023 Remove 48"Storm Line 0241 14 LF 20 $45.00 $900-00 13 3110.0102 6"-12"Tree Removal 31 1000 EA 2 $2,000.00 $4,000.00 14 3123.0101 Unclassified Excavation by Plan(Cut:25,203,Fill:10,851) 31 2316 CY 36,054 $11.00 $396,594-00 15 3211.0400 Hydrated Lime 32 11 29 TON 1,118 $200.00 $223,600.00 16 3211,0502 8"Lime Treatment 32 11 29 SY 33,860 $5.50 $186,230.00 17 3213.0106 11"Conc Pvmt 32 1313 SY 31,205 $65.00 $2,028,325-00 18 3213.0206 11"Conc Pvmt HES 32 13 13 SY 589 $128.00 $75,392 00 19 3212,0505 8"Asphalt Base Type B(Detour) 32 12 16 SY 172 $140.00 $24,080 00 20 3213,0301 4"Conc Sidewalk 32 1320 SF 92,308 $5.50 $507,694-00 21 3213.0504 Barrier Free Ramp Type M-2 32 13 20 EA 3 $3,000.00 $9,000-00 22 3213.0509 Barrier Free Ramp,Type C-2 32 13 20 EA 3 $3,000.00 $9,000.00 23 3213,0506 Barrier Free Ramp,Type P-1 32 13 20 EA 25 $3,000.00 $75.000.00 24 3216.0101 6"Conc Curb and Gutter 32 16 13 LF 18,802 $1 50 $28,203.00 25 3217.0101 6"SLD Pvmt Marking HAS(W) 32 17 23 LF 4,597 $1 60 $7,355.20 26 3217.0102 6"SLD Pvmt Marking HAS(Y) 32 17 23 LF 2,324 $1 60 $3,718.40 27 3217.0103 6"BRK Pvmt Marking HAS(W) 32 17 23 LF 2,042 $1 60 $3,267.20 28 3217.0104 6"DOT Pvmt Marking HAS(W) 32 17 23 LF 71 $1 60 $113.60 29 3217.02B"SLID Pvmt Marking HAS(W) 32 17 23 LF 453 $1 80 $815.40 30 3217.0401 18"SLD Pvmt Marking HAE(W) 32 1723 LF 588 $4 00 $2,352.00 31 3217.0501 24"SLD Pvmt Marking HAE(W) 32 17 23 LF 783 $13.00 $10,179.00 32 3217.1002 Lane Legend Arrow 32 17 23 EA 25 $120.00 $3,000.00 33 3217.1003 Lane Legend DBL Arrow 32 1723 EA 2 $180.00 $360.00 34 3217.1004 Lane Legend Only 32 1723 EA 11 $130.00 $1.430-00 35 3217.2104 REFL Raised Marker TY I I-C-R 32 17 23 EA 227 $4,00 $908 00 36 3217.2103 REFL Raised Marker TY I I-A-A 32 17 23 EA 27 $4.00 $108.00 37 3217.4301 Remove 4"Pvmt Marking 32 17 23 LF 1,360 $1.00 $1,360,00 38 3217.4303 Remove 8"Pvmt Marking 32 17 23 LF 275 $1 80 $495.00 39 3217.4307 Remove Raised Marker 32 17 23 EA 250 $1 00 $250,00 40 3232.0201 TxDOT Sld Rat Wall-RW 1(L)A 32 32 13 SF 527 $48 00 $25,296,00 41 3291,0100 Topsoil 3291 19 CY 5,953 $27 00 $160,731,00 42 3292.0100 Block Sod Placement 32 92 13 SY 18,643 $5 00 $93,215.00 43 3292.0400 Seeding,Hydromulch 32 92 13 SY 4,411 $1 50 $6,616.50 44 3292.0500 Seeding,Soil Retention Blanket 32 92 13 SY 12,664 $2-00 $25,328.00 45 3441.3501 Salvage Street Light Pole 3441 20 EA 1 $2,000-00 $2,000.00 46 3441.4003 Furnish/Install Alum Sign Ground Mount City Sid- 3441 30 EA 22 $460-00 $10,120.00 47 9999.0011 Monolithic Concrete Median Nose 99 99 11 SY 42 $340-00 $14,280.00 48 9999.0012 6"SLD Pvmt Marking HAE(Black) 99 99 12 LF 900 $4-00 $3,600.00 49 9999.0013 12"DOT Pvmt Marking HAS(W) 99 99 13 LF 37 $4.00 $148.00 50 9999.0014 18"SLD Pvmt Marking HAE(Y) 99 99 14 LF 25 $5-00 $125.00 51 9999.0015 Yield Lines 99 99 15 LF 14 $23-00 $322.00 52 9999.0016 Flexible Delineator Post(Y) 99 99 16 EA 5 $200-00 $1,000-00 53 9999.0017 Remove Gravel Driveway 99 99 17 SF 9,126 $0.50 $4,563-00 54 9999.0018 Remove Cattle Guard 99 99 18 LS 1 $600-00 $600-00 55 9999.0019 Remove Gate 99 99 19 LS 1 $600-00 $600-00 56 9999.0023 Remove and Dispose of Fence 99 99 23 LF 508 $5.00 $2,540 00 TOTAL NIT IV:PAViNg IMP VEMENF 54,08i,538-30 CITY OF FORT W ORTI I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Fo Version Mey 22.2019 Eesl DAiley Doswell Rd ADMN3-FTW xlsx 04243 DAP-DID PROPOSAL P.,3 oF4 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM IPRC21-0050 UNIT PRICE BID - EAST BAILEY BOSWELL ROAD Bidder's Application Project Item Information Bidders Proposal Bidlisl Item No Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value ►NIT y'$JREgT LIGHTING IMPROVEMENTS 1 2605.0112 Install Elec Sery Pedestal 26 05 00 EA 1 $8,800-00 $8,800.00 2 2605.3015 2"CONDT PVC SCH 80(T) 26 05 33 LF 4950 $30.00 $148,500.00 3 3441.1502 Ground Box Type B,w/Apron 3441 10 EA 24 $1,100.00 $26,400.00 4 3441.1645 Furnish/Install Type 33A Arm 3441 20 EA 44 $500.00 $22,000.00 5 3441.3003 Rdwy Ilium Assmbly TY 18 3441 20 EA 26 $2,400.00 $62,400.00 6 3441.3201 LED Lighting Fixture 3441 20 EA 44 $700,00 $30,800.00 7 3441.3302 Rdwy Ilium Foundation TY 3 3441 20 EA 26 $1.900.00 $49.400,00 8 3441.1405 No 2 Insulated Elec Conduit 3441 10 LF 24111 $6 00 $144.666.00 TOTAL IT V:STREET LIGHTING IMPIR_VEMENTS1 $492.966.00 UNIFTYLTRAEFAC81 ALIMPROVEMENTS 1 2505,0111 Furnish/Install Elec Sery Pedestal 26 05 00 EA 1 $7,600 00 $7,600.00 2 2605.3015 2"CONDT PVC SCH 80(T) 26 05 33 LF 98 $30 00 $2,940.00 3 260`a3016 2"CONDT PVC SCH 80(B) 26 05 33 LF 50 $38 00 $1,900.00 4 2605,3026 3"CONDT PVC SCH 80 IT) 26 05 33 LF 194 $38 00 $7,372.00 5 2WS,3034 4"CONDT PVC SCH 80(B) 26 05 33 LF 407 $53 00 $21,571.00 6 3441-1001 3-Sect Signal Head Assmbly 3441 10 EA 8 $1,300 00 $10,400.00 7 3441.1002 4-Sect Signal Head Assmbly 3441 10 EA 5 $1,600 00 $8,000,00 8 3441.1011 Ped Signal Head Assmbly 3441 10 EA 8 $900.00 $7,200,00 9 3441.1031 Audible Pedestrian Pushbutton Station 3441 10 EA 8 $900.00 $7,200,00 10 3441.1209 Furnish/Install BBU System EXT Mounted 3441 10 EA 1 $13,000-00 $13,000.00 11 3441.1221 Furnish/Install Model 712 Preemption Detector 3441 10 EA 3 $1,100-00 $3,300.00 12 3441.1230 Furnish/Install Radar Presence Detection Device 3441 10 EA 4 $8,700-00 $34,800.00 13 3441.1231 Furnish/Install Radar Advance Detection Device 3441 10 EA 3 $8,700-00 $26,100.00 14 3441,1234 Furnish/Install Radar Cable 3441 10 LF 1,360 $3-00 $4,080.00 15 3441.1311 5/C 14 AWG Multi-Conductor Cable 3441 10 LF 172 $2-00 $344.00 16 3441.1312 7/C 14 AWG Multi-Conductor Cable 3441 10 LF 637 $3-00 $1,911A0 17 3441.1315 20/C 14 AWG Multi-Conductor Cable 3441 10 LF 571 $5-00 $2,855,00 18 3441.1322 3/C 14 AWG Multi-Conductor Cable 3441 10 LF 1,155 $2-00 $2,310.00 19 3441,1408 NO 6 Insulated Elec Condr 3441 10 LF 8 $3-00 $24.00 20 3441.1409 NO 8 Insulated Elec Condr 3441 10 LF 2,000 $3-00 $6.000-00 21 3441.1413 NO 6 Bare Elec Condr SLID 3441 10 LF 4 $3-00 $12-00 22 3441.1502 Ground Box Type B,w/Apron 3441 10 EA 5 $1,100.00 $5,500-00 23 3441.1503 Ground Box Type D,w/Apron 3441 10 EA 1 $1,500-00 $1,500-00 24 3441.1601 Furnish/Install 5'Pedestrian Push Button Pole 3441 10 EA 3 $800-00 $2,400-00 25 3441.1603 Furnish/Install 10'-14'Ped Pole Assmbly 3441 10 EA 2 $1,100-00 $2,200 00 26 3441.1611 Furnish/Install Type 41 Signal Pole 3441 10 EA 1 $10,000-00 $10,000 00 27 3441.1612 Furnish/Install Type 42 Signal Pole 3441 10 EA 1 $9,000.00 $9,000.00 28 3441.1615 Furnish/Install Type 45 Signal Pole 3441 10 EA 2 $15,000.00 $30,000.00 29 3441.1623 Furnish/Install Mast Arm 16-36' 3441 10 EA 2 $4,600.00 $9,200.00 30 3441 A625 Furnish/Install Mast Arm 52'-60' 3441 10 EA 2 $9,600.00 $19,200 00 31 3441.1701 TY 1 Signal Foundation 3441 10 EA 5 $1,400.00 $7,000 00 32 3441.1703 TY 3 Signal Foundation 3441 10 EA 2 $4,000-00 $8,000.00 33 3441.1705 TY 5 Signal Foundation 3441 10 EA 2 $6,500-00 $13,000.00 34 3441.1715 Signal Cabinet Foundation-352i&BBU 3441 10 EA 1 $6,000,00 $6,000.00 36 3441.1741 Furnish/Install 352i Controller Cabinet Assembly 3441 10 EA 1 $20,000,00 $20,000,00 37 3441.1901 Powder Coat Sig Pole and MA 16'-36' 3441 10 EA 2 $3,000,00 $6,000,00 38 3441.1903 Powder Coat Sig Pole and MA 52'-60' 3441 10 EA 2 $4,000,00 $8,000.00 39 3441.1904 Powder Coat Ped Pole 34 41 10 EA 2 $300.00 $600.00 40 3441.1905 Powder Coat Ped Pushbutton Pole 3441 10 EA 3 $200.00 $600.00 41 3441.3052 Furnish/Install LED Lighting Fixture(187 watt ATB2 Cobra Head) 3441 20 EA 3 $750.00 $2,250A0 42 3441.4001 Furnish/Install Alum Sign Mast Arm Mount 3441 30 EA 10 $900.00 $9,000.00 43 9999.0020 Opticom Detector Cable 99 99 20 LF 620 $3.00 $1,860.00 44 9999.0021 PTZ Camera 99 99 21 EA 1 $5,900,00 $5,900,00 45 9999.0022 PTZ Camera Cable 99 99 22 LF 95 $3,00 $285.00 7 I VI:TRAFFIC SIGNAL MPR VEMENTS $348,414.00 Bid Sunnnnr1 UNIT I:WATER IMPROVEMENTS $642 900,00 UNIT It:SANITARY SEWER IMPROVEMENTS $$,472,7$$.00 UNIT III:DRAINAGE IMPROVEMENTS $2 4p 265-00 UNIT IV:PAVING IMPROVEMENTS $4,081,59B 30 UNIT V:STREET LIGHTING IMPROVEMENTS $492,990.00 UNIT VI:TRAFFIC SIGNAL IMPROVEMENTS y34$g1A,0Q Total Construction Bld 510,456,853.3p CFI Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEV ELOPFR AWARDED PROJECTS F.,,V,,ion M,22,2019 Ea l DAil,B.-H Rd ADM0-F- A., 004243 DAP-BH)PROPOSAL Psge4 of4 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM IPRC21-0050 UNIT PRICE BID - EAST BAILEY BOSWELL ROAD Bidder's Application Project Item Information Bidders Proposal Bidlist Item No Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value This Bid is submitted by the entity named below: BIDDER: BY: Jackson Construction,Ltd. 5112 Sun Valley Drive �C TITLE:President Fort Worth,Texas 76119 DATE:September 2,2021 Contractor agrees to complete WORK for FINAL ACCEPTANCE within 300 worldng 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 DOCUMEM S-DEVELOPER AWARDED PROJECTS Fom,Version Mey 22,2019 Faal BAiley Boswell Rd ADM93-FTW.A.. PRO C LOCA 0G S 287 I N TARRANT PKWY 1 x I � a HARMON RD l �s� Q � I � I I d 1 0 Q \\ U Q y \\ PROJECT -- —�� LOCATION s Q ■ ■ NORTH COWTOWN MEN HALFF VICINITY MAP CROSSING DEVELOPMENT CITY PROJECT NO. 103320 3803 PARKWOOD BLVD,SUITE 800 FRESCO,TEXAS 75034-8640 IPRC 21-0018 TEL c�,4,b,8�57o DATE:08/25/2021 AVO: 42487 CFA 21-0088 TBPE2FIRM#F i72 FORT WORTH,TEXAS 0 150 300 450 600 ——— —— N SCALE: 1"=300' CONNECT TO 12" WATER LINE NORTH COWTOWN CROSSING ;___,-_-,_-- PROJECT o. LOT 19 BLOCK 1 LOCAT11ON ` BUILDING 1 ' _______________ LOCATION OC A 1 ATION Mn 12" WATER LINE -- - N.T.S. 12" WATER LINE E. BAILEY 1 BOSWELL �\ ROAD ' NORTH COWTOWN CROSSING t' LOT 2, 13LOCK 1 1 NORTH COWTOWN NORTH COWTOWN i LOT CROSSING 4, BLOCK 1 CROSSING LOT 1, BLOCK 2 �o - 1 CRESTED \� BUTTE DRIVE 0 12" WATER LINE NORTH COWTOWN CROSSING LOT 1, BLOCK 3 N 7= i I NORTH COWTOWN CROSSING LOT I 3, BLOCK 1 I __I - ------�-BUILDING 3- s ___ __ I I CONNECT TO PROP. 12" WATER LINE NOT EXISTING INFRASTRUCTURE (THE STANDARD AT HARMON HOMES OLD CPN 103196 LEGEND: PROPOSED WATER PECOS EXISTING WATER TRAIL F■ ■ NORTH COWTOWN mom HALFF WATER EXHIBIT"A" CROSSING DEVELOPMENT CITY PROJECT NO. 103320 3803 PARKWODD BLVD,SUITE 800 FRESCO,TEXAS 75034-8640 IPRC 21-0018 TEL c�,4,b,8�57o DATE:09/16/2021 AVO: 42487 CFA 21-0088 TBPE2FIRM#F i72 FORT WORTH,TEXAS 0 300 600 900 1200 HORSEMAN RD =_ SCALE: 1"=600' STUB OUT 8 SS LINE IT-11,^rk„ �I NORTH' COWTOWN STUB OUT 8" SS LINE II CROSSING _ LOT 2 1PROJECT BLOCK 1 1 LOCATION CATION E. BAILEY 8" SS LINE - - - -- BOSWELL��j _ -- -- - - - -- - - ROADI STUB OUT I J I 8 SS LINE / LOCATION MAP �I CONNECT TO 8" SS _ N.T.S. �I @ MANHOLE I II 8" ISS (LINE i� -I — - 8" SS LINE CONNECT TO 8" SS II 16" SS LINE @ MANHOLE I CONNECT TO 8" SS 16" SS LINE @ MANHOLE 'o I � � '•,zs� ' IVA v , CO• / MCOWENS, WM SURVEY ABSTRACT 999 TRACT 2A � 1\ 16" SS LINE - - - - INTERSTATE 35W35� - - - - - - - --------------------- 2 15" SS LINE O I cn cn CONNECT TO EX. 21" SS @ MANHOLE Z LEGEND: EX. 21" SS LINE 70 I — PROPOSED SS � D \� EXISTING SS a \�� ■ ■ NORTH COWTOWN mom HALFF SEWER EXHIBIT "B" CROSSING DEVELOPMENT CITY PROJECT NO. 103320 3803 PARKWOOD BLVD,SUITE 800 FRESCO,TEXAS 75034-8640 IPRC 21-0018 TEL c2141 b,8 457o DATE:09/16/2021 AVO: 42487 cFA 21-0088 TBPE2FIRM#F i72 FORT WORTH,TEXAS 0 250 500 750 1000 N SCALE: 1"=500' Us 287 TURN LANE CURB RAMP _ CURB RAMP I CURB RAMP PROJECT �\\ CURB RAMP NORTH OSS COWTOWN_ ____ LOCATION CRING 6 ----_ _ __ _ _ LOT I,BLOCK 1 \ 1 I \ a p ` - -- ems' - - - ------- CURB RAMPI I ------,-- , - + I LOCATION MAP 10' SIDEWALK I N.T.S. I E.BAILEY I BOSWELL CURB RAMP ROAD I — NORT�213LOCKWI OWTO CSING \ LOT NORTH COWTOWN 5 1 \� CROSSING LOT I,BLOCK 2 1 W 'SIDEWALK NORTH COWTOWN CROSSING CURB RAMP =,• a LOT 4,BLOCK I \�. CRESTED CURB RAMP BUTTE DRIVE 5' SIDEWALK II NORTH COWTOWN CURB RAMP CROSSING a I LOT I,BLOCK 3 b \� I ' a I NORTH COWTOWNCRSSING _ II LOT 3.13LOCK I- \\ II I e® \ 10' SIDEWALK ------------- \\ s U I ; — I CURB OLD I RAMP \ -_ � PECOS -- �o TRAIL CURB RAMP I I I CURB RAMPI � I 10, SIDEWALK 10' SIDEWALK / --� �� II I CURB RAMP �— CURB RAMP 5' SIDEWALK L----- \\ 5' SIDEWALK HORSEMAN �\ ROAD a ■ ■ NORTH COWTOWN MEN HALFF PAVING EXHIBIT"C" CROSSING DEVELOPMENT CITY PROJECT NO. 103320 3803 PARKWODD BLVD,SUITE 800 FRESCO,TEXAS 75034-8640 IPRC 21-0018 TEL c�,4,b,8�57o DATE:09/16/2021 AVO: 42487 CFA 21-0088 TBPE2FIRM#F i72 FORT WORTH,TEXAS 0 250 500 750 1000 N SCALE: 1"=500' — `US 287\ STORM LINE 'C-1' PROJECT \\ m NORTH COWTOWN LOCATION CURB INLET CROSSING — ;_ _;_ LOT I,BLOCK WYE INLET - I \ CURB INLET ;---- CURB INLET _ E.BAILEY III—B SWELL CURB INLET STORM LINE 'C-1' LOCATION MAP I WYE INLET CURB INLET � •. WYE INLET CURB INLET ORTI CROSSNG COWTOWN HEADWALL \ LOT 2.BLOC 1 \' WITH GUNTON SOT 1 e�OCK 2 CURB INLET I NORTH COWTOWN WYE INLET \. C U R B I N L E T CROSSING WYE INLET i/ LOT 4,BLOCK I \�. CURB INLET CRESTED BUTTE DRIVE CURB INLET CURB INLET I NORTH COWTOWN \' STORM LINE 'B-2' I I I CROSSING v LOT I,BLOCK 3 b WYE INLET I CURB INLET \ HEADWALL 2 I I CURB INLET NORTH COWTOWNCROSSING _ cc�° I I I _ LOT 3.BLOCK 11_T_ _ __ —i II H I CURB INLET CURB INLET �\ ! _ II STORM LINE '13-3' STORM LINE '13-1' OLD IJ &N --_ PECOS -- o I TRAIL I HEADWALL I I I CURB INLET ICURB INLET I STORM LINE 'A-2' \ CURB INLET \ --� I I � CURB INLET CURB INLET CURB INLET I CURB INLET STORM LINE 'A-1' CURB INLET CURB INLET LEGEND: HORSEMAN �\ a PROPOSED STORM ROAD EXISTING STORM ■ ■ NORTH COWTOWN MEN HALFF STORM DRAIN EXHIBIT "D" CROSSING DEVELOPMENT CITY PROJECT NO. 103320 3803 PARKWOOD BLVD,SUITE 800 FRESCO,TEXAS 75034-8640 IPRC 21-0018 TELc2,41 6,8-457o DATE:09/16/2021 AVO: 42487 CFA 21-0088 TBPE2FIRM#F i7� I I I FORT WORTH,TEXAS 0 250 500 750 1000 N SCALE: 1"=500L US 287 TRAFFIC DIRECTIONAL SIGN _ STREET LIGHT PROJECT LOCATION � LEFT TURN I ONLY SIGN STREET LIGHT - E.BAILEY STOP SIGN - -- - - -- ;-;- t I --BOSWELL I ; ; ; ; + ; ; LOCATTON MAP ROAD I STREET LIGHT j N.T.S. MEDIAN SIGN I STREET LIGHT ' NORTH COWTOWN STOP I CROSSING SIGN LOT 2.BLOCK 1 OR TH COWTOW LOT�IBLOCK 2 STREET LIGHT I STOP SIGN NORTH CROSS NGGW yy-�; LOT 4,BLOCK 1 �� •- __ _�x� ySTOP SIGN CRESTED ,- BUTTE DRIVE STREET LIGHT I 11 NORTH COWGOWNCR 4 \ LOT 1,BLOCK 3 STOP SIGN v MEDIAN SIGN II STREET LIGHT \ �, I _ NORTH COWTOW _ w I I I LOT 3�BLOCK I _ \\ LL 1 STREET LIGHT Q '-f-f-T'T-l-l--f-f- I ISTREET LIGHT \ OLD ,,,,....... a —� PECOS STOP SIGN \A N� I TRAIL I I STOP SIGN STOP SIGN ISTREET LIGHT I RIGHT LANE TURN SIGN RIGHT TURN ONLY SIGN STREET LIGHT LEFT TURN ONLY SIGN \ i STOP AND PEDESTRIAN CROSSING SIGNS SIGN L----- F STREET LIGHT LEGEND: HORSEMAN �• PROPOSED STREET LIGHT ROAD a MEN HALFF' STREET LIGHTS AND SIGNS NORTH COWTOWN EXHIBIT"E" CROSSING DEVELOPMENT CITY PROJECT NO. 103320 3803 PARKIN000 BL/0,SUITE 800 IPRC 21-0018 FRISCO,TEXAS 75034-8640 (21418-457 -0088 FAPI)534 / / ZJ FAX FORT WORTH,TEXAS 0 250 500 750 1000 N SCALE: 1"=500' `US 287\ TRAFFIC SIGNAL --- -- ------------------------------------ PR JECT NORTH COWTOWN LOCATION TRAFFIC SIGNAL cRosswc - - --- -- - E.BAILEY BOSWELL — I I LOCATION MAP ROAD I I N.T.S. I I ORTH COWTOWN CROSSING LOT 2,BLOCK 1 \' I � \ ORTH COOTO 1 \ CRosSINc NORTH COWTOWN \. LOT 69LOCK 2 .,-'," CROSSING LOT 4,BLOCK I -�CRESTED BUTTE DRIVE a I II NORTH COWTOWNCROSSING i \ LOT L BLOCK 332 b R II � I NORTH COWTOWNCRSSING _ I II LOT 3.13LOCK I- \\ Q II _____ OLD__ -- I —_ PECOS & -- o � R TAIL_ I I — — I I I r / I \ r I LEGEND: \ HORSEMAN PROPOSED TRAFFIC SIGNAL ROAD v \ ■ ■ NORTH COWTOWN mom HALFF TRAFFIC SIGNAL EXHIBIT"F" CROSSING DEVELOPMENT CITY PROJECT NO. 103320 3803 PARKWOOD BLVD,SUITE 800 FRESCO,TEXAS 75034-8640 IPRC 21-0018 TELc2,41 6,8-457o DATE:09/16/2021 AVO: 42487 CFA 21-0088 TBPE2FIRM#F i7� I I I FORT WORTH,TEXAS M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FOR f1 REFERENCE **M&C 21- 06BAILEY BOSWELL DATE: 6/22/2021 NO.: 0435 LOG NAME: (HARMON TO HORSEMAN) CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 2) Authorize Execution of a Community Facilities Agreement with Cow Town Owner, LLC, with City Participation in an Amount Up to $4,000,000.00 for the Design and Construction of Roadway Improvements for East Bailey Boswell Road from Harmon Road to Horseman Road, Adopt Attached Appropriation Ordinance, and Amend the Fiscal Years 2021-2025 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of a community facilities agreement with Cow Town Owner, LLC, with City participation in an amount up to $4,000,000.00 for design and construction of roadway improvements to East Bailey Boswell Road between Harmon Road and Horseman Road; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Transportation Impact Fee Capital Fund, in the amount of $4,000,000.00, from available funds within the Revenue - Service Area C Transportation Impact Fees project (City Project No. UN9913) for the purpose of funding the Community Facilities Agreement - East Bailey Boswell Road project (City Project No. 103320); and 3. Amend the Fiscal Years 2021-2025 Capital Improvement Program. DISCUSSION: Cow Town Owner, LLC (Developer) is constructing an industrial development located on East Bailey Boswell Road between Harmon Road and Old Pecos Trail (City Project Number 103320). The Developer is required to construct the eastern two lanes of East Bailey Boswell from Harmon Road to Old Pecos Trail. City staff would like to participate in the project in order to construct the full, four-lane divided roadway of East Bailey Boswell Road from Harmon Road to Horseman Road with a traffic signal at the intersection of East Bailey Boswell Road and Harmon Road. The costs stated herein are estimated and the project will follow the public bid process. The project includes an 18\% MWBE requirement for the project. The cost of the design and construction of the road improvements is estimated to be $5,646,412.87 with City participation as shown in the table below. Components Estimated City Cow Town Cost Participation Owner, LLC Construction Cost Estimate Paving $2,895,119.00 $2,316,095.20 $579,023.80 Storm Drain $622,640.18 $498,112.18 $124,528.00 Street Lights $204,576.93 $163,661.54 $40,915.39 Signals $400,000.00 $400,000.00 $0.00 Landscape $125,590.88 $100,472.70 $25,118.18 Construction Cost Estimate $4,247,926.99 $3,478,341.62 $769,585.37 20\% Contingency $849,585.40 $176,658.38 $672,927.02 Construction Subtotal $5,097,512.39 $3,655,000.00 $1,442,512.39 Soft Costs http://apps.cfwnet.org/council_packet/mc review.asp?ID=28985&councildate=6/22/2021 11/16/2021 M&C Review Page 2 of 2 Material Testing & $203,900.48 $0.00 $203,900.48 Inspection This project is Engineering Design Fee ' $345,000.00 $345,000.00 $0.00located within the Soft Cost Subtotal $548,900.48 $345,000.00 $203,900.48Transportation Impact Fee Project Total Cost $5,646,412.87 $4,000,000.00 $1,646,412.87Service Area C and was identified as impact fee eligible in the 2017 Transportation Impact Fee Study. The transportation impact fee funding provides the City participation in the developer project. Revenues from Service Area C (City Project No. UN9913) of the Transportation Impact Fee Capital Fund will fund the City's participation in the design and construction of these improvements. Any residual funds left after project completion and acceptance will be returned to the Service Area C revenues. Any expenses exceeding the city's participation amount, items that are ineligible for transportation impact fee funding, and the developer's proportional share of the improvements will be funded by Cow Town Owner, LLC. Transportation Impact Fee funding for this project was not included in the FY2021-2025 Capital Improvement Program. Due to the increased scope of the developer project, City funds were added. The action of this M&C will amend the FY2021-2025 Capital Improvement Program as approved in connection with Ordinance No. 24446-09-2020. This project is located in COUNCIL DISTRICT 2. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are currently available in the Revenue - SA C -Transp Imp Fees project within the Transportation Impact Fee Cap Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the Transportation Impact Fee Cap Fund for the CFA- East Bailey Boswell Road project to support the approval of the above recommendations and execution of the community facilities agreement. Prior to an expenditure being incurred, the Development Services and the Transportation and Public Works Departments have the responsibility of verifying the availability of funds. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID 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) Originating Department Head: D.J. Harrell (8032) Additional Information Contact: Leonard Mantey (2561) ATTACHMENTS 06Bailey Boswell Harmon to Horseman Appropriation Ordinance.docx Revised Bailey Bosewell Exhibit 3.2.21.pdf http://apps.cfwnet.org/council_packet/mc review.asp?ID=28985&councildate=6/22/2021 11/16/2021