HomeMy WebLinkAboutContract 57087 Received Date: 02/08/2022
Received Time: 4:40 pm
Developer and Project Information Cover Sheet:
Developer Company Name: Wayfare Development Group—Cibolo Hills,LLC
Address, State,Zip Code: 5690 Watermelon Road,Northport,AL,35473
Phone &Email: 205469-1529,jackson&wayfaredevelopmentgroup.com
Authorized Signatory,Title: H. Jackson Wallace,Managing Member
Project Name: Wayfare Multifamily
Brief Description: Water, Sewer,Paving, Storm Drain, Street Lights
Project Location: 32.9117,-97.4059
Plat Case Number: Plat Name: Wayfare Addition
Mapsco: Not Provided Council District: 7
CFA Number: CFA21-0104 City Project Number: 103516
OFFICIAL RECORD
City of Fort Worth,Texas CITY SECRETARY
Standard Community Facilities Agreement with City Participation FT. WORTH, TX
Rev.4/2/20
City Secretary Number: 57087
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 Wayfare Development Group —
Cibolo Hills, LLC ("Developer"), acting by and through its duly authorized representative. City and
Developer are referred to herein individually as a"party"and collectively as the "parties."
WHEREAS, Developer is constructing private improvements or subdividing land within the
corporate limits of Fort Worth, Texas or its extraterritorial jurisdiction, for a project known as Wayfare
Multifamily("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 desires to participate in this Agreement in an amount not to exceed
$151,839.80 to oversize a 12" water main to a 16" water main, and for the construction of an eight-inch
water main the Developer is not required to construct, as authorized by City Council through approval of
M&C 21-0769 on September 28,2021 ("City Participation"); and
WHEREAS, the City Participation includes reimbursement to Developer in an amount not to
exceed $148,017.70 in construction costs and $2,128.10 in material testing costs. The remaining City
Participation in the amount of$1,694.00 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;
NOW,THEREFORE,for and in consideration of the covenants and conditions contained herein,
the City and the Developer do hereby agree as follows:
City of Fort Worth,Texas Page 2 of 17
Standard Community Facilities Agreement with City Participation
Rev.4/2/20
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 exists 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
Improvements, and consent of the surety on payment and performance bonds provided for the
Improvements.
City of Fort Worth,Texas Page 3 of 17
Standard Community Facilities Agreement with City Participation
Rev.4/2/20
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
If Developer desires to terminate this Agreement before Developer's contractors begin
constructing the Improvements, Developer agrees to the following:
City of Fort Worth,Texas Page 4 of 17
Standard Community Facilities Agreement with City Participation
Rev.4/2/20
(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.
City of Fort Worth,Texas Page 5 of 17
Standard Community Facilities Agreement with City Participation
Rev.4/2/20
(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
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
ACCOUNT OF ANY INJURIES OR DAMAGES TO PERSONS OR PROPERTY,
City of Fort Worth,Texas Page 6 of 17
Standard Community Facilities Agreement with City Participation
Rev.4/2/20
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 parry 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. 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. Material testing laboratories will provide copies
of all test results directly to the City and the Developer. If the Improvements being constructed fail a test,
the Developer must correct or replace the Improvements until the Improvements pass all retests. The
Developer must pay the material testing laboratories directly for all material testing and retesting. The City
will obtainproof from the material testing laboratories that the material testing laboratories have been
paid in full by the Developer before the City will accept the Improvements.
City of Fort Worth,Texas Page 7 of 17
Standard Community Facilities Agreement with City Participation
Rev.4/2/20
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 Wayfare Development Group- Cibolo Hills, LLC
City of Fort Worth 5690 Watermelon Rd.
200 Texas Street Northport, AL, 35473
Fort Worth, Texas 76102
With copies to:
City Attorney's Office
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
and
City Manager's Office
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
Or to such other address one party may hereafter designate by notice in writing addressed and
mailed or delivered to the other party hereto.
17.
Right to Audit
Developer agrees that, until the expiration of three (3) years after acceptance by the City of the
Improvements constructed pursuant to this Agreement, that the City shall have access to and the right to
examine any directly pertinent books, documents, papers and records of the Developer involving
transactions relating to this Agreement. Developer agrees that the City shall have access during normal
working hours to all necessary Developer facilities and shall be provided adequate and appropriate
workspace in order to conduct audits in compliance with the provisions of this section. The City shall give
Developer reasonable advance notice of intended audits.
Developer further agrees to include in all contracts with Developer's contractors for the
Improvements a provision to the effect that the contractor agrees that the City shall,until the expiration of
three (3)years after final payment under the contract,have access to and the right to examine any directly
pertinent books, documents,papers and records of such contractor, involving transactions to the contract,
City of Fort Worth,Texas Page 8 of 17
Standard Community Facilities Agreement with City Participation
Rev.4/2/20
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
any of its governmental powers or immunities.
City of Fort Worth,Texas Page 9 of 17
Standard Community Facilities Agreement with City Participation
Rev.4/2/20
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
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
City of Fort Worth,Texas Page 10 of 17
Standard Community Facilities Agreement with City Participation
Rev.4/2/20
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.
City of Fort Worth,Texas Page 11 of 17
Standard Community Facilities Agreement with City Participation
Rev.4/2/20
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
$148,017.70 for construction costs and $2,128.10 for material testing costs. The remaining City
Participation in the amount of$1,694.00 shall not be paid to Developer by the City, but will be
used by the City to pay the City's share of construction inspection services fees, administrative
material testing service fees, and water testing lab fees. The City Participation will be paid to
Developer after delivery of on invoice and proper documentation by Developer to the City that the
Improvements have been constructed and accepted by the City, as evidenced by an executed
greensheet, and documentation that all contractors and material suppliers have been paid in full.
Developer must register as a vendor of the City in order for the City Participation to be paid to
City of Fort Worth,Texas Page 12 of 17
Standard Community Facilities Agreement with City Participation
Rev.4/2/20
Developer. The City Participation was calculated as follows:
IPRC21-0090 CPN 103516 Unit of Contractor Unit CFW 2019
V4AYFABE hILLTIFAh1ILY Measure Qn Plice unit Price Unit Price Delta Total 9 10 11 12 Total
1-4-04 Der Cast Share Dews
12"PVC Water Line LF $ 70.00 $ 71.14
16"PVC Water Line LF 2717.14 $ 115.00 $ 91.12 $ ''-1.12 $ 57,386.00 750 950 950 67.1 2717.1
36"X 12"Tapping Sleeve and Valve EA $ 19,750.00 $ 10,699.00 4 l 302.00 S 1,302.00
36"X 16"Tapping Sleeve and Valve EA S 35,350.00 $ 12,000.00 1 0 0 1
12"Gate Valve" EA 400 S =.100.00 $ 2,390.16
16"Gate Valve" FA $ 20,544.00 $ 14.020.23 S 11�29 23 $ 47716 92
. 1 1 2 1 5
IB-100%City Cost Items
CFA Unit Price Contractor Lowest Unit Total
Unit Price Price
8"PVC Water line LF 673.00 $50.00 $46.54 $46.54 $ 31.321.42 0 0 0 673 673
8"Crate valve EA 2.00 $L850.00 $1,41466 $1,414.66 S 2,82932 0 0 0 2 2
Fittings(tees etc) TIC 03? S4.750 00 $4 15000 S4_1S0 00 $ 132800 0 0 0 0 0
Conc Pvmt Repair,Arterial,Industrial SY 5200. $105.20 $105.02 $105.02 S 5,461.04 0 0 0 52 52
Trench Safety LF 673.00 S1.00 $1.11- $1.00 S 67300 0 0 0 673 673
lA subtotal $ 106,404.92 16 subtotal $ 41,612.78 TOT4L S 148,017.70
'm amid exceeding max pancipation
removed 1-gam valve from 16"Water Line
(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. This Agreement does not provide for any retainage to be withheld from the
City Participation.
(d) All change orders shall be at the sole cost of the Developer.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
City of Fort Worth,Texas Page 13 of 17
Standard Community Facilities Agreement with City Participation
Rev.4/2/20
37.
Cost Summary Sheet
Pro]ectName: Wayfare Multifamily
CFA No CFA21-0104 IPRC No. IPRC21-0090 City ProjectNo.: 103516
Items Developer's Cost City's Cost Total Cost
A. Water and Sewer Construction
1. Water Construction $ 495,729.42 $ 148,017.70 $ 643,747.12
2.Sewer Construction $ 165,850.39 $ - $ 165,850.39
Water and Sewer Construction Total $ 661,579.81 $ 148,017.70 $ 809,597.51
B. TPW Construction
1.Street $ 1,161,361.58 $ - $ 1,161,361.58
2.Storm Drain $ 575,207.36 $ $ 575,207.36
3.Street Lights Installed by Developer $ 167,755.75 $ $ 167,755.75
4. Signals $ - $ $ -
TPWConstructionCostTotal $ 1,904,324.69 $ $ 1,904,324.69
Total Construction Cost(excluding the fees): $ 2,565,904.50 $ 148,017.70 $ 2,713,922.20
Estimated Construction Fees:
C. Construction Inspection Service Fee $36,250.00 $1,250.00 $37,500.00
D. Material Testing Cost $2,128.10
E. Administrative Material Testing Service Fee $7,448.00 $294.00 $7,742.00
F. Water Testing Lab Fee $1,890.00 $150.00 $2,040.00
Total Estimated Construction Fees: $ 45,588.00 $ 3,822.10 $47,282.00
TOTAL PROJECT COST $ 2,611,492.50 $ 151,839.80 $ 2,761,204.20
Choice
Financial Guarantee Options,choose one Amount (Mark one)
Bond= 100% $ 2,713,922.20 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 14 of 17
Standard Community Facilities Agreement with City Participation
Rev.4/2/20
IN WITNESS WHEREOF,the City and Developer have each executed this Agreement by their
duly authorized signatories to be effective on the date executed by the City's Assistant City Manager.
CITY OF FORT WORTH DEVELOPER
Wayfare Development Group—Cibolo Hills,
Dana Bur�31,202TIt:24 CST)
Dana Burghdoff
Assistant City Manager H. �Acks:r YVA&4ce-
By:
H.Jackson Wallace(Jan 31,202212:03 CST)
Date: Jan 31,2022 Name: H.Jackson Wallace
Title: Managing Member
Recommended by:
Date: Jan 31,2022
Evelyn Robewts
Evelyn Roberts(Jan 31,2022 13:14 CST)
Evelyn Roberts/Jennifer Ezernack
Contract Compliance Specialist
Development Services Department
Approved as to Form &Legality:
Z�
Richard A.McCracken(Jan 31,202216:16 CST)
Richard A.McCracken
Sr.Assistant City Attorney
Contract Compliance Manager:
M&C No. 21-0769 By signing, I acknowledge that I am the person
Date: September 28,2021 ppoo��R��� responsible for the monitoring and
Form 1295: 2021-790448 O4°0000°00044, j administration of this contract,including
0�o oopc0� ensuring all performance and reporting
o0.0
40 requirements.
ATTEST: �v° °=d°
0000000
Tgnnette S. Goon%// a���EXA50pp J e Scarlett Morales(Jan 31,202216:15 CST)
Jannette S.Goodall(Feb 8,202211:57 CST) �nndn44
Janie Morales
Janette Goodall/Ronald Gonzales
City Secretary/Assistant City Secretary Development Manager
City of Fort Worth,Texas OFFICIAL RECORD
Standard Community Facilities Agreement with City Participation CITY SECRETARY
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 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 17
Standard Community Facilities Agreement with City Participation
Rev.4/2/20
ATTACHMENT"1"
Changes to Standard Community Facilities Agreement
City Proj ect No. 103516
City of Fort Worth,Texas Page 17 of 17
Standard Community Facilities Agreement with City Participation
Rev.4/2/20
00 42 43
DAP-BID PROPOSAL
Page 1 of 6
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
BidlistItem Specification Unit of Bid
Description Unit Price Bid Value
No. Section No. Measure Quantity
UNIT IA:WATER IMPROVEMENTS(CITY-DEVELOPER COST SHARE)
1 0241.1106 16"Pressure Plug 0241 14 EA 1 1,000.00 $1,000.00
2 0241.1118 4"-12"Pressure Plug 0241 14 EA 2 1,153.26 $2,306.52
3 3305.0109 Trench Safety 33 05 10 LF 2,917 1.00 $2,917.00
4 3305.0202 Imported Embedment/Backfill,CSS 33 05 10 Cy 1.1 87.02 $95.72
5 3311.0001 Ductile Iron Water Fittings w/Restraint 3311 11 TN 3.13 4,750.00 $14,867.50
6 3311.0261 8"PVC Water Line 3311 12 LF 84 50.00 $4,200.00
7 3311.0461 12"PVC Water Pie 3311 12 LF 110 70.00 $7,700.00
8 3311.0557 16"DIP Water,CLSM Backfill 3311 10 LF 81 150.00 $12,150.00
9 3311.0561 16"PVC C905 Water Pie 3311 12 LF 2,642 115.50 $305,151.00
10 3312.0001 Fire Hydrant 33 12 40 EA 1 3,480.00 $3,480.00
11 3312.1002 2"Combination Air Valve Assembly for Water 33 12 30 EA 2 10,500.00 $21,000.00
12 3312.2804 8"Water Meter and Vault 3312 11 EA 2 27,202.67 $54,405.34
13 3312.3003 8"Gate Valve 33 12 20 EA 2 1,850.00 $3,700.00
14 3312.3005 12"Gate Valve 33 12 20 EA 2 2,100.00 $4,200.00
15 3312.3006 16"Gate Valve w/Vault 33 12 20 EA 5 20,544.00 $102,720.00
16 13312.4314 36"x 16"Tapping Sleeve&Valve 33 12 25 EA 1 35,350.00 $35,350.00
17 13312.6002 6"Blow Off Valve 33 12 60 EA 1 23,500.00 $23,500.00
TOTAL UNIT IA:WATER IMPROVEMENTS CITY-DEVELOPER COST SHARE $598,743.08
UNIT IB:WATER IMPROVEMENTS 100%CITY COST
1 3201.0616 Conc Pvmt Repair,Arterial/Industrial 31 01 29 SY 52 105.02 $5,461.04
2 3311.0261 8"PVC Water Line 33 02 61 LF 673 50.00 $33,650.00
3 3305.0109 Trench Safety 33 05 10 LF 673 1.00 $673.00
4 3312.3003 8"Gate Valve 33 12 20 EA 2 1,850.00 $3,700.00
5 3311.0001 Ductile Iron Water Fittings w/Restraint 3311 11 TN 0.32 4,750.00 $1,520.00
TOTAL UNIT IB:WATER IMPROVEMENTS 100%CITY COST $45,004.04
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version May 22,2019 00 42 43_Bid Proposal_DAP-BLANK.,da
00 42 43
DAP-BID PROPOSAL
Page 2 of 6
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
BidlistItem Specification Unit of Bid
Description Unit Price Bid Value
No. Section No. Measure Quantity
UNIT II:SANITARY SEWER IMPROVEMENTS
1 3137.0102 Large Stone Ri ra ,dry 31 3700 SY 378 135.00 $51,030.00
2 3301.0002 Post Construction CCTV 3301 31 LF 855 2.00 $1,710.00
3 3301.0101 Manhole Vacuum Testing 3301 30 EA 6 174.87 $1,049.22
4 3305.0109 Trench Safety 33 05 10 LF 855 1.00 $855.00
5 3305.0112 Concrete Collar 33 05 17 EA 6 479.92 $2,879.52
6 3331.3201 6"Sewer Service 3331 50 EA 1 280.00 $280.00
3311 10
3331 12
7 3331.4208 12"Sewer Pie 3331 20 LF 570 55.00 $31,350.00
8 3331.4212 12"DIP Sewer 3311 10 LF 285 150.69 $42,946.65
33 39 10
9 3339.1001 4'Manhole 33 39 20 EA 6 4,650.00 $27,900.00
33 39 10
10 3339.1003 4'Extra Depth Manhole 33 39 20 1 VF 1 26 225.00 $5,850.00
TOTAL UNIT II:SANITARY SEWER IMPROVEMENTS $165.850.39
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version May 22,2019 00 42 43_Bid Proposal_DAP-BLANK.,da
00 42 43
DAP-BID PROPOSAL
Page 3 of 6
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
BidlistItem Specification Unit of Bid
Description Unit Price Bid Value
No. Section No. Measure Quantity
UNIT III:DRAINAGE IMPROVEMENTS
1 0241.0800 Remove Rip Rap 0221 13 SF 1,706 2.06 $3,514.36
2 0241.4401 Remove Headwall/SET 0241 14 EA 1 4,150.00 $4,150.00
3 3137.0102 Large Stone Ri ra ,dry 31 3700 SY 265 90.00 $23,850.00
4 3305.0109 Trench Safety 33 05 10 LF 2,387 1.00 $2,387.00
5 3341.0201 21"RCP,Class III 3341 10 LF 193 56.00 $10,808.00
6 3341.0202 21"RCP,Class IV 3341 10 LF 8 66.00 $528.00
7 3341.0205 24"RCP,Class III 3341 10 LF 1,280 68.00 $87,040.00
8 3341.0302 30"RCP,Class III 3341 10 LF 183 125.00 $22,875.00
9 3341.0303 30"RCP,Class IV 3341 10 LF 248 135.00 $33,480.00
10 3341.0402 42"RCP,Class III 3341 10 LF 105 175.00 $18,375.00
11 3341.1401 7x3 Box Culvert 3341 10 LF 370 475.00 $175,750.00
12 3349.0001 4'Storm Junction Box 33 49 10 EA 9 7,600.00 $68,400.00
13 3349.0002 5'Storm Junction Box 33 49 10 EA 1 9,500.00 $9,500.00
14 3349.0102 4'Manhole Riser 33 49 10 EA 2 6,500.00 $13,000.00
15 3349.6001 10'Recessed Curb Inlet 33 49 20 EA 9 5,100.00 $45,900.00
16 13349.6003 20'Recessed Curb Inlet 33 49 20 EA 1 1 8,100.00 $8,100.00
17 1466 6010 Headwall CH-FW-O DIA=42 IN TxDOT 466 EA 1 6,200.00 $6,200.00
18 1466 6178 Win wall PW-1 HW=3 FT TxDOT 466 EA 1 41,350.00 $41,350.00
TOTAL UNIT III:DRAINAGE IMPROVEMENTS $575,207.36
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version May 22,2019 00 42 43_Bid Proposal_DAP-BLANK.,da
00 42 43
DAP-BID PROPOSAL
Page 4 of 6
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
BidlistItem Specification Unit of Bid
Description Unit Price Bid Value
No. Section No. Measure Quantity
UNIT IV: PAVING IMPROVEMENTS
1 0241.0100 Remove Sidewalk 0241 13 SF 49 1.00 $49.00
2 0241.1300 Remove Conc Curb&Gutter 0241 15 LF 1,016 12.00 $12,192.00
3 3110.0101 Site Clearing 31 1000 LS 1 2,640.00 $2,640.00
4 3123.0101 Unclassified Excavation 31 2316 CY 12,656 3.50 $44,296.00
5 3124.0101 Embankment by Plan 31 2400 CY 5,573 3.00 $16,719.00
6 13125.0101 SWPPP >_1 acre 31 2500 1 LS 1 18,700.00 $18,700.00
7 3137.0102 Large Stone Ri ra ,dry 31 3700 SY 24 90.00 $2,160.00
8 3211.0400 Hydrated Lime 3211 29 TON 179 160.40 $28,711.60
9 3211.0502 8"Lime Treatment 3211 29 SY 8,530 3.25 $27,722.50
10 3213.0301 4"Conc Sidewalk 32 1320 SY 2,750 55.13 $151,607.50
11 3213.0501 Barrier Free Ramp,Type R-1 32 1320 EA 2 1,942.50 $3,885.00
12 13213.0506 Barrier Free Ramp,Type P-1 32 1320 1 EA 2 1,942.50 $3,885.00
13 3217.0001 4"SLD Pvmt Markin HAS 32 1723 LF 712 1.33 $946.96
14 3217.0003 4"BRK Pvmt Markings HAS 32 1723 LF 4,304 1.33 $5,724.32
15 3217.0201 8"SLD Pvmt Markin HAS 32 1723 LF 712 2.65 $1,886.80
16 3217.0501 24"SLD Pvmt Markin HAE 32 17 23 LF 1 176 16.10 $2,833.60
17 3217.1002 Lane Legend Arrow 32 1723 EA 8 247.25 $1,978.00
18 3217.1004 Lane Legend Only 32 1723 EA 8 287.50 $2,300.00
19 3217.2104 REFL Raised Marker TY II-C-R 32 17 23 EA 108 4.92 $531.36
20 3291.0100 6"Topsoil 3291 19 CY 650 13.80 $8,970.00
21 3292.0400 Seeding,H dromulch 32 92 14 SY 5,714 1.17 $6,685.38
22 3441.4003 Furnish/Install Alum Sign Ground Mount City Std. 3441 30 EA 12 416.98 $5,003.76
23 3441.4108 Remove Sign Panel and Post 3441 30 EA 1 169.76 $169.76
24 3471.0001 Traffic Control 3471 13 MO 1 3,750.00 $3,750.00
25 450 6051 RAIL HANDRAIL TY E TxDOT 450 LF 108 162.00 $17,496.00
26 9999.0001 10.5"Conc Pavement 32 1313 SY 7,793 95.03 1 $740,568.79
27 9999.0002 10.5"Commercial Drive Approach 1 32 1320 EA 1 2 22,575.00 $45,150.00
28 9999.0003 End of Road Barricade 3441 30 EA 1 914.25 $914.25
29 9999.0004 Curb Ram At Cibolo Hills Pkwyand BUS 287 32 1320 EA 2 1,942.50 $3,885.00
TOTAL UNIT IV:PAVING IMPROVEMENTS $1,161,361.58
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version May 22,2019 00 42 43_Bid Proposal_DAP-BLANK.,da
00 42 43
DAP-BID PROPOSAL
Page 5 of 6
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
BidlistItem Specification Unit of Bid
Description Unit Price Bid Value
No. Section No. Measure Quantity
UNIT V:STREET LIGHTING IMPROVEMENTS
1 2605.3015 2"CONDT PVC SC 80 T 26 05 33 LF 1,105 22.00 $24 310.00
2 3441.3302 Rdwy Illum Foundation TY 3,5,6,and 8 3441 20 EA 19 1,600.00 $30 400.00
3 3441.3352 Furnish/Install Rdway Illum TY 18 Pole 3441 20 EA 15 2,555.00 $38,325.00
4 3441.1645 Furnish/Install Type 33A Arm 3441 20 EA 16 479.00 $7,664.00
5 3441.3051 Furnish/Install LED Lighting Fixture 137 watt ATB 3441 20 EA 16 700.00 $11,200.00
6 3441.3502 Relocate Street Light Pole 3441 20 EA 4 1,970.00 $7 880.00
7 3441.1502 Ground Box Type B,w/A ron 3441 10 EA 19 1,000.00 $19 000.00
8 3441.3411 Reconnect Conductor 3441 20 EA 40 155.00 $6 200.00
9 3441.1410 NO 10 Insulated Elec Condr 3441 10 LF 2,330 1.55 $3 611.50
10 3441.1408 NO 6 Insulated Elec Condr 3441 10 LF 6,695 2.65 $17 741.75
11 19999.0000 Remove Existing Ground Box 1 3441 10 EA 1 400.00 $400.00
12 19999.0001 Remove Existing Conduit and Conductors 3441 10 LF 890 1.15 $1 023.50
TOTAL UNIT V:STREET LIGHTING IMPROVEMENTS $167.755.75
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version May 22,2019 00 42 43_Bid Proposal_DAP-BLANK.,da
00 42 43
DAP-BID PROPOSAL
Page 6 of 6
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
BidlistItem Specification Unit of Bid
Description Unit Price Bid Value
No. Section No. Measure Quantity
Bid Summary
UNIT IA:WATER IMPROVEMENTS(CITY-DEVELOPER COST SHARE) $598,743.08
UNIT IB:WATER IMPROVEMENTS(100%CITYCOST) $45,004.04
UNIT II:SANITARYSEWER IMPROVEMENTS $165,850.39
UNIT III:DRAINAGE IMPROVEMENTS $575,207.36
UNIT IV:PAVING IMPROVEMENTS $1,161,361.58
UNIT V:STREET LIGHTING IMPROVEMENTS $167,755.75
Total Construction Bid $2,713,922.20
Alternate Bid
UNIT IA:WATER IMPROVEMENTS(CITY-DEVELOPER COST SHARE)
1 3305.0109 Trench Safety 33 05 10 LF 2,642 1.00 $2,642.00
2 3311.0001 Ductile Iron Water Fittings w/Restraint 12" 33 11 11 TN 3 4,750.00 $14,250.00
3 3311.0457 12"DIP Water,CLSM Backfill 3311 10 LF 81 164.10 $13,292.10
4 13311.0461 12"PVC Water Line 3311 12 LF 2,642 70.00 $184,940.00
5 3312.1002 2"Combination Air Valve Assembly for Water 33 12 30 EA 2 12,800.00 $25,600.00
6 3312.3005 12"Gate Valve 33 12 20 EA 5 2,100.00 $10,500.00
7 3312.4313 36"xl2"Tapping Sleeve and Valve 33 12 25 EA 1 19,750.00 $19,750.00
8 3312.6002 6"Blow Off Valve 33 12 60 EA 1 21,500.00 $21,500.00
Total Alternate Bid $292,474.10
This Bid is submitted by the entity named below:
BIDDER: BY:
IMS Construction
5690 Watermelon Rd.
Suite 400 TITLE: �res�n�
Northport,AL 35473 DATE: ?_ 2j(
Contractor agrees to complete WORK for FINAL ACCEPTANCE within 120 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 Proposal_DAP-BLANK.,da
deN uo!jeooj-sj!q!qx,�VAO-�OOO�S�Nj\sjqqx]
U)<
0
0)
LU ZO M"
0- 0
0 L-u
du 2
> m
LU LO
Lu LU 0 C'4
m�--0 no 0
LU LL T-LU
z >-0 W,zo
3: �0) o M:
0 L00 U) z 0-
0
EF C)
Cf)
E::1 ROM a_
a_
ry
U)
<
o
i
0
z
0
0 2
3: w
, >
0 z
< 0
< C)
LL 0
LU
LL
0
F-
0
-0,
N
z 00,0
0
LU U)
0
0 1<0
0
C) D
0 U)F-0-
Z
C)
LU 0
0
0
Of
a_ 0
LU
[Nd LZ: I�ZOMZ4�:OWU/WO 101d
sleawanadwl HiVM-sl!q!Ux3 Vd0-L000ZSINpI!q!gxe elo�sl!q!gXTI!Ap�napjelsewyw II!U ledeUc;-1000Zsw!190f10
O
J 0
� J Q
(n z
JO m
= N
LU
a00 MI-
O J J
/ W m Q
WUWLU Min
�S2a( i o U0 � N � < Lu o
vS� Q 0 Z LO W LL LU z
f--U) C;, � Qrn� 00
J �w �� ooH 0 L'ocnza
J \ 0 J 0 U
c U
Qn �H
Lu= X� O�
\ Z J W J Z
W H m � co
\ LU M:�aQaU) �n J Z
M U O
z
Z
/ d
U
LL,W �//
F
- \ a� Q
0< Z
I0 W
�< Q
�\ J /
\� � W
oW
w
J 0 °
Io z
I z Q
I ~
I I Yoe J
I LU
0 0 M a
m�a W
J } I OQLO Q m
\ X 0LU ro
LL _
H o� a > X
/ LL 0 -0)
N
W (� J W W
W
0 WJI II�II
W
D
MUm) o� lxQJ W W
z a 1 (7 2 10 IF�rWi z— U oW LU LU LU L <O
o
z �~ w ww w awa a
o Z
OOOO m a a a a F °0,0
O O O 0 L
\ It It It fY X J o ro ro
a a a a w J 0�Lu
C F<
/ O
3N2lO INOHSOHS O z rn a
V M W
a W" J Z M
J �Z
0 -j � ♦ Z® X ~ �
F: w O M
U� x}❑ — LLB
4
/ F= Q Q Z —
INV8Z:Zl IZOMZ4l:aw!La OIOld
sluawanadwl HMSS-sl!q!gx3 Vd0-6OOOZSVVI\sl!q!gx3 Vd0\sl!q!gx3\I!np\na0aalse[N\dIN II!H ledeq�1000ZSWl\90f\0
/ O
(n Q
JO m
z
V N
LU
aOO ro�
/ U O J J J
U J o Z o W M 2 LU a V
o MHwQO1 > Um min
O �;�2co Q LU Qa0aW o
/ m J U U o H z L w H Z
i >- 0
w =Q� O�
z J W J_ zo o3:L'o of Oza
QLu
a~mom
Q Q Z
LU
W O
\ 0
0 M
� _O
of 4#
/ s d
U
E
w <
Z
� > Y w
LU
o � aLU
o � U) >
co J O
/ \ O
JOB
m wo
I � W
U LL o 2
X W
z
1 ( Q U) °
< U)
-0 J r
vow Q
U Q U
QQ ui
0 U- o W
X�� Q I } Ln Q
� ~Orn
I /}✓/ OWN~ Q
/ U X
w _
0 0o JO I 1 w
Omzo
� m �
U LU :If
�
� z 3 F-
z LU
\ w 2 Y Y
w a o 0 U ¢� 0
x 1 1 U) U U U o f m
U) l O O z Z 0 o
a a F- F- 0 N
O 0 cn U)
\ d d W W J N r
oFQz
y w\ 3N2i4 INOHSOHS d 0_
rn nFa
� Z Z
O0
/ / J �Z N F
wUwQ �
d J �d 6) O
O F :-i 0 co M
U) U
U J w J W
Q Z J
Mg
Wd 4£:l I IZOMZII I:aw!l/WO told
sluawanadwl ONIAVd-sl!q!Ux3 Vd0-I000ZSINI1sl!q!gxe elo\sl!q!gXTI!Apinapjelsewyw II!U IadeUo�-IOOOZsw!\90f10
O
J
(n Q
/ / J O M
= N
�
0 OO M
J O W Q(O
/ W m V
> U� ~in
m0o
O)S aa_ o �LU wwz ZOQJLU Z � >> aLU)
O � nnaU)C,
co
\ OS�O �;,U
\ J U p
\ w =a� O� co
if>
\ \ Q Q Q O
LU U Z
\� z
\ d
� U
\
\\
I Y w
X\ d w\
J /
J O
Wo
o 2
I J Z � °
U ` L.L a
J
J 1 I
zLU J
� Op 00
c I I YOBLL m
LU
0LU
—0) I O Up � w /y�►
W O O~ Q ' m Q Q W
� w0� I �Qo
0MzO Q I O>- LO
LU (7U) c0 I J2 Q X
w Q O I I� �
I
\ , m 11
'
I =_
U II
Q°
o
\ / I a
Fm
\ m o00,0
W
�U)Lu
w
\ �, I z 0 Wo
u I w rn�i a
/ A_ INOHSOHS w
� ✓y n J ' z
OI
> ooa
WW
j LUd- C9 IL
71 F- 0� <`
OM
/ I W CA UN d Q o
C) W =
/ F=aQz ` Mg
Wd£90 I I IZOMZ41 :awU/WO;Old
sluawanadwl NHOjS-sl!q!gx3 Vd0-6000ZSVVI\sl!q!gx3 Vd0\sl!q!gx3\I!np\na0aalse[N\dIN II!H ladeq�1000ZSWl\90f\0
O
O
/ J
(n Q
/ / J O ro
mL2
N
/ O 0 0 M C6
W m W Q
�p
/ U — H Lo
0vs2a� / < ��Qrn Lou
Q Lu a0OW o
� oN�oH z �oHHz
/ O O N U > Q rn 0 0
/ m U)UGH O u�Oicnza
w =�� 0�
z W::i z 0
W H m H
� QQQcn CO
z
\ LU U LO
Cl)
O_
X A x
a_
U �//��
Lij0 J 0
/ r/
d U w
\ 0 CO
d� / W
Q
W
a0
J
\ o
i Z
\ m �
w o
� W
ow
I \ J � 0
LL
JO
z
U (JQXUJ� aI �YOOH n
_
maL W
I 0 0
FO c�
00 N _m Q m
O 01 -7 QLL Cj p LL
I..r1
0
w0)~ la O} Ln Q
w 0 p J J
mzo �o _
~zz C) I X�a I W
\ W
W
J
z_
\ \ O
� of U
y 31\j?JO INOHSOHS C p p
\ M
OO QF Oz
0- 0- <
/ w U O Q � o a a = <O -M
1 / QJ�a � w a� O J
•cC g N � Q W. M
U H O m w O
W U)UN J DOrr J ,
/ 2 L W Q z
H QQZ Mff 0 7W O
o rncnLUa
Wd OV:I I IZOMZ4I :awU/WO told
sleawanoidwl ONIlHOII-sl!q!Ux3 Vd0-L000ZSINI1sl!q!gxe elo�sl!q!gXTI!Ap�napjelsewgw II!U IadeUc;-1000Zsw!190f10
O
J
fn a
/ / J O M
= N
0 O0 M�
J O w a
/ w m V
WUW min
pw�o0C
�aoa .. o
H -jC\l Z }oH �O
/ / O J o Z a cn a
0
� U)0- CC O � nz
co
O J 0 N U
J
wJ U p
a CD
� o
\ Z -jLU L Z
\ � aaaz
LU J Z
(=j z ff2
d V
U
/ J
W
I Q U)
a
U
Z
= Q
\ o (n
\ o Z U�)
v �
m '^ w o
� �
� W
I U o 2
� >
I JWo °
U rl Q
ui
J J J Z
LU X0N I I YFU)
w ��H Oo � w W
O N U Q m a Q W
w o r- Q
Omzo a I O>- LO
a
� �z
� z =
� a m
a < �y►
0 (aj W
Z OJ 0
< w
� m m
= 0 0 z 0 w
J (n (7 (7
/ /Alba No SOHS= 0 0
✓ H J J H (n (n
y \ — a W W } Z
-
w w F- F-w w =
w w F- w w �H O o
r�
J ❑Z N o fn fn o fn U 0
U) (7 (7 (7 (7 a� M O J
=F7iOm a H H d- H H o0
JUN 0 cn cn 0 cn cn
000w (D
UCO
�wU)LU m X X m X LU
X� X W _ Wv<F-U)i _i
L — w • -* 1 a 1 z w Cn z
H J
H= ¢¢ z J oXO \
J rnoiF- a
Wd 00:9 IZOZWZI:aw!l/WO told
M&C Review Page 1 of 3
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA Fo
DATE: 9/28/2021 REFERENCE **M&C 21- LOG NAME: 60WAYFARE CIBOLO
NO.: 0769 WATERLINE OVERSIZING
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (CD 7)Authorize Execution of a Community Facilities Agreement with Wayfare
Development Group-Cibolo Hills, LLC with City Participation in an Amount Not to Exceed
$135,626.80 for Oversizing a 12-Inch Water Main to a 16-Inch Water Main and
Construction of an 8-Inch Water Main in the Vicinity West of Saginaw Boulevard and
South of Cibolo Hills Parkway to Serve Wayfare Multifamily 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 Wayfare Development Group-
Cibolo Hills, LLC, with City participation in an amount not to exceed $135,626.80 for
oversizing a 12-inch water main to a 16-inch water main and construction of an 8-inch water
main in the vicinity west of Saginaw Blvd and south of Cibolo Hills Pwky to serve Wayfare
Multifamily and anticipated future growth in north Fort Worth; and
2. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations
in the Water and Sewer Bond 2020A Fund, in the amount of $155,323.00, by
decreasing estimated receipts and appropriations in the Unspecified project (City Project No.
UNSPEC) and increasing estimated receipts and appropriations in the Community Facilities
Agreement Bucket programmable project (City Project No.P00001) by the same amount, for
the purpose of funding the Community Facilities Agreement - Wayfare Multifamily (City
Project No.103516).
DISCUSSION:
Wayfare Development Group Cibolo Hills, LLC (Developer) is constructing Wayfare Multifamily
Development (Development)west of Saginaw Blvd and south of Cibolo Hills Pkwy. The Water
Department would like to cost participate to oversize approximately 2,800 linear feet of 12-inch water
main to a 16-inch water main. Additionally, the Water Department would like to cost participate 100\%
to construct an 8-inch water main for approximately 870 linear feet to connect to an existing 8-inch
water main. The Wayfare Multifamily project is assigned City Project No. 103516 and Accela System
Record IPRC21-0090.
In accordance with Chapter 212, Subchapter C of the Texas Local Government Code, the City of Fort
Worth's (City) participation in the contract is exempt from competitive bidding requirements because
the contract is for oversizing public improvements being constructed by the Developer and limited to
30 percent of the total amount of the contract for the eight inch water main, 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 $135,626.80, as shown in the table
below. Payments to the Developer are estimated to be $131,306.67 for construction costs and
$2,626.13 for material testing. The remaining City participation in the estimated amount of$1,694.00
will cover the City's portion of inspection fees, administrative material testing fees, and water lab
testing fees.
A. Public Improvements City Cost Total Cost
http://apps.cfwnet.org/council_packet/mc review.asp?ID=29317&councildate=9/28/2021 11/22/2021
M&C Review Page 2 of 3
Developer
Cost
1. Water- 16" $123,114.95$131,306.67 $254,421.62
2. Sewer $124,734.01 $0.00 $124,734.01
Water Contingency 15\% $0.00 $19,696.00 $19,696.00
3. Drainage $556,343.96 $0.00 $556,343.96
4. Paving/Earthwork $975,370.00 $0.00 $975,370.00
5. Street Lighting $98,990.00 $0.00 $98,990.00
6. Traffic Signal $1,300.00 $0.00 $1,300.00
B. Inspections &Testing
1. Construction Inspection Fee $36,250.00 $1,250.00 $37,500.00
2. Admin Material Testing Fee $7,448.00 $294.00 $7,742.00
3. Material Testing Cost $0.00 $2,626.13 $2,626.13
4. Water Lab Fee $1,890.00 $150.00 $2,040.00
Total Project Cost $1,925,440.92$155,322.80$2,080,763.72
*Numbers will be rounded up for accounting purposes.
The reimbursement of the participation, excluding inspection and material testing fees, is not a lump-
sum amount and may be less than the stated amount depending upon the actual quantities and unit
prices from the notice of final completion package, commonly referred to as the green sheet package.
Funding for the Community Facility Agreement(CFA) —Wayfare Multifamily project as depicted in the
table below:
Existing Additional
Fund Appropriations Appropriations Project Total*
Water& Sewer Bond
2020A-Fund 56017 $0.00 $$155,323.00 $$155,323.00
Project Total $0 1$$155,323.00 $$155,323.00
*Numbers rounded for presentation purposes.
Business Equity Division: Opportunity for business equity is negligible as determined by DVIN.
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
recommendation 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 recommendation and execution of the agreement. 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 Budget Reference# Amount
ID ID Year Chartfield 2
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID I ID I Year (Chartfield 2)
http://apps.cfwnet.org/council_packet/mc review.asp?ID=29317&councildate=9/28/2021 11/22/2021
M&C Review Page 3 of 3
Submitted for City Manager's Office by: Dana Burghdoff(8018)
Originatinq Department Head: Chris Harder(5020)
Additional Information Contact: Soon Wong (8369)
ATTACHMENTS
20210827 Water Exhibit-CitV Cost Share.pdf
60WAYFARE CIBOLO WATERLINE OVERSIZING 56017.docx
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=29317&councildate=9/28/2021 11/22/2021