HomeMy WebLinkAboutContract 58086 Received Date: September 16, 2022
Received Time: 4:23 PM
Developer and Project Information Cover Sheet:
Developer Company Name: Meritage Homes of Texas,LLC
Address, State,Zip Code: 8840 Cyprus Waters Blvd., Suite 100 Dallas, Texas 75019
Phone&Email: (972)580-6357, Steven.Cookameritagehomes.corn
Authorized Signatory, Title: David Aughinbaugh,Vice President
Project Name: Chisholm Trail Ranch Offsite Sanitary Sewer Main
Brief Description: Sewer Only
Project Location: McPherson Blvd. and Old Granbury Rd.
Plat Case Number: Not Provided Plat Name: Chisholm Trail Ranch
Mapsco: 117E& 117F Council District: 6
CFA Number: CFA22-0055 City Project Number: 103610 1 IPRC21-0132
OFFICIAL RECORD
CITY SECRETARY
City of Fort Worth,Texas FT.WORTH,TX
Standard Community Facilities Agreement with City Participation
Rev.4/2/20
City Secretary Number: 58086
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 Meritage Homes of Texas, 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 Chisholm
Trail Ranch Offsite Sanitary Sewer Main(`'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
$6,364,616.37 to enlarge the scope of the Improvements beyond what Developer is responsible for
constructing by oversizing approximately 18,000 linear feet of sewer main to provide additional capacity
for future growth in the basin as authorized by City Council through approval of M&C 22-0355 on May
10,2022("City Participation"); and
WHEREAS, the City Participation includes payments to Developer in amounts not to exceed
$6,162,285.20 for construction costs, $54,720.00 for easement acquisition costs, $123,245.70 for material
testing costs, and $4,230.04 for public bidding advertisement costs. The remaining City Participation in
the amount of$20,251.43 will not be paid to the Developer,but will cover the City's portion of construction
inspection service fees, administrative material testing services fees, and IPRC Engineering Plan Review
Fes; and
WHEREAS, the Developer and the City desire to enter into this Agreement in connection with
the collective Improvements for the Project;
OFFICIAL RECORD
CITY SECRETARY
City of Fort Worth,Texas FT.WORTH,TX
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")and the Project Manual are incorporated into this Agreement by reference as if fully set out herein.
Developer shall provide at its expense, unless otherwise agreed to by City, all engineering drawings and
documents necessary to construct the Improvements required by this Agreement.
3.
Description of Improvements; Exhibits and Attachments
The following exhibits describe the general location, nature and extent of the Improvements that
are the subject of this Agreement and are attached hereto and incorporated herein by reference:
❑ Exhibit A: Water
® Exhibit A-1: Sewer
❑ Exhibit B: Paving
❑ Exhibit B-1: Storm Drain
❑ Exhibit C: Street Lights & Signs
The Location Map and Cost Estimates are also attached hereto and incorporated herein by
reference. To the extent that Exhibits A, A-1, B, B-1, C, the Location Map, or the Cost Estimates
conflict with the Engineering Plans, the Engineering Plans shall control. If applicable, Attachment 1 —
Changes to Standard Community Facilities Agreement, Attachment 2 — Phased CFA Provisions,
Attachment 3 — Concurrent CFA Provisions, and Attachment 4 — Basins Map 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 Standard City Conditions of the
Construction Contract for Developer Awarded Projects, the Project Manual 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
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constructing the Improvements, and consent of the surety on payment and performance bonds provided
for the Improvements. City may at any time and without cause suspend the construction of the
Improvements by delivering a written notice to Developer and Developer's contractors.
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 twelve (12) months of the initial pre-
construction meeting between representatives of Developer and the City ("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.
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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.
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(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. . If relocation of utilities are necessary for
construction of the Improvements, the parties must execute a written amendment to this Agreement setting
forth each party's responsibility for the costs. The parties intend that the cost of any utility relocations
would be split with the City paying 76.0% and Developer paying 24.0% of the costs.
11.
Easements,Rights-of-Way and Permits
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 for any
rights-of-way or easements that are located in basins S132, SB3, S136, SB8, SB 9 and SB 10 which are
identified in the Basins Map in Attachment 4 which is attached hereto and incorporated herein by reference.
Developer will negotiate with property owners and obtain easements necessary for the Improvements in all
other basins identified in Attachment 4. City shall reimburse Developer 76.0%of the easement costs in an
amount not to exceed$54,720.00. Any additional easement acquisition by Developer must be approved by
the City before the easement is acquired or Developer shall bear the entire cost of such easement acquisition.
City shall not exercise eminent domain or other authority in assisting in obtaining easements.
Developer shall be responsible for obtaining and paying all costs associated with any permits or
approvals that must be obtain from entities other than the City that are necessary for the construction of the
Improvements, including but not limited to, permits from the Texas Department of Transportation, a
railroad, or any other governmental entity.
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
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OFANYINJURIES OR DAMAGES SUSTAINED BYANYPERSONS,INCL UDING DEATH,
OR TO ANY PROPERTY, RESULTING FROM OR IN CONNECTION WITH THE
CONSTRUCTION, DESIGN, PERFORMANCE OR COMPLETION OF ANY WORK TO BE
PERFORMED BY SAID DEVELOPER, ITS CONTRACTORS, SUBCONTRACTORS,
OFFICERS, AGENTS OR EMPLOYEES, OR IN CONSEQUENCE OF ANY FAILURE TO
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.
(c) DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND AND
HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM
AND AGAINST ANY AND ALL CLAIMS, SUITS OR CAUSES OF ACTION OF ANY
NATURE WHATSOEVER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ON
ACCOUNT OF ANY INJURIES OR DAMAGES TO PERSONS OR PROPERTY,
INCLUDING DEATH, RESULTING FROM, OR INANY WAY CONNECTED WITH, THE
CONSTRUCTION OF THE IMPROVEMENTS CONTEMPLATED HEREIN, WHETHER
OR NOT SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE OR IN
PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS
OFFICERS, SERVANTS, OR EMPLOYEES. FURTHER, DEVELOPER WILL REQUIRE
ITS CONTRACTORS TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY
FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES SUFFERED BY THE CITY OR
CAUSED AS A RESULT OF SAID CONTRACTORS' FAILURE TO COMPLETE THE
WORK AND CONSTRUCT THE IMPROVEMENTS IN A GOOD AND WORKMANLIKE
MANNER, FREE FROM DEFECTS, IN CONFORMANCE WITH THE CFA ORDINANCE,
AND INACCORDANCE 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
Developer is responsible for paying 66.7% of administrative material testing service fees and
construction inspection service fees. There are no water testing lab fees expected for the Project. Prior to
execution of this Agreement, Developer has paid to the City the estimated cost of Developer's share 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
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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.
In addition to the above,the total amount of IPRC Engineering Plan Review Fees for the project is
$9,675.00. Developer shall pay the City 90% of the cost, which equals $8,707.50. Developer previously
paid the City$8,514.00 and owes the City the remaining balance of$193.50.
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 obtain proof from the material testing laboratories that the material testing laboratories have been
paid in full by the Developer before the City will accept the 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 Meritage Homes of Texas, LLC
City of Fort Worth 8840 Cyprus Waters Blvd., Suite 100
200 Texas Street Dallas, Texas 75019
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
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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,
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.
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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.
22.
Headings
The paragraph headings contained herein are for the convenience in reference and are not intended
to define or limit the scope of any provision of this Agreement.
23.
Severability
In the event that any clause or provision of this Agreement shall be held to be invalid by any
court of competent jurisdiction, the invalidity of such clause or provision shall not affect any of the
remaining provisions hereof.
24.
Review of Counsel
City and Developer, and if they so choose, their attorneys, have had the opportunity to review
and comment on this document; therefore any rule of contract construction or interpretation that would
normally call for the document to be interpreted as against the drafting party shall not apply in
interpretation of this Agreement, and each section, portion, and provision of this Agreement shall be
construed solely on the basis of the language contained therein, regardless of who authored such
language.
25.
Prohibition on Boycotting Israel
Developer acknowledges that in accordance with Chapter 2271 of the Texas Government Code,
the City is prohibited from entering into a contract with a company with 10 or more full-time employees
that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City for
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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"has the meanings ascribed to those terms by Chapter 2271 of the Texas Government Code.
To the extent that Chapter 2271 of the Government Code is applicable to this Agreement, by signing this
Agreement, Developer certifies that Developer's signature provides written verification to the City that
Developer: (1)does not boycott Israel; and(2)will not boycott Israel during the term of this Agreement.
26.
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
provide 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
against a firearm entity or firearm trade association,""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 signatures provides
written verification to the City that Developer: (1)do 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.
Compliance with Public Information Act Requests
The requirements of Suhchapter J, Chapter 552, Government Code,may apply to this Agreement
and Developer agrees that the Agreement can he terminated if Developer knowingly or intentionally fails
to comply with a requirement of that subchapter. Developer acknowledges that section 552.371 of the
Texas Government Code applies to this Agreement if: (1) this Agreement has a stated expenditure of at
least $1 million in public funds for the purchase of good or services by the City; or (2) this Agreement
results in the expenditure of at least$1 million in public funds for the purchase of goods or services by the
City in a fiscal year of the City. To the extent that section 552.371 of the Texas Government Code applies
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to this Agreement, Developer shall comply with section 552.372 of the Texas Government Code by: (1)
preserving all contracting information relating to this Agreement as provided by the records retention
requirements applicable to the City for the duration of the Agreement; (2)promptly providing the City any
contracting information related to this Agreement that is in the custody or possession of Developer on
request of the City; and(3) on completion of the Agreement, either(a)providing at no cost to the City all
contracting information related to the Agreement that is in the custody or possession of Developer; or (b)
preserving the contracting information relating to the Agreement as provided by the retention requirements
application to the City.
29.
Immigration and Nationality Act
Developer shall verify the identity and employment eligibility of its employees who perform work
under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon
request by City, Developer shall provide City with copies of all I-9 forms and supporting eligibility
documentation for each employee who performs work under this Agreement. Developer shall adhere to all
Federal and State laws as well as establish appropriate procedures and controls so that no services will be
performed by any Developer employee who is not legally eligible to perform such services.DEVELOPER
SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,
LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY DEVELOPER,
DEVELOPER'S EMPLOYEES,SUBCONTRACTORS,AGENTS, OR LICENSEES. City,upon written
notice to Developer, shall have the right to immediately terminate this Agreement for violations of this
provision by Developer.
30.
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.
31.
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.
32.
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.
33.
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
City of Fort Worth,Texas Page 12 of 21
Standard Community Facilities Agreement with City Participation
Rev.4/2/20
or any of its officers, agents, servants, employees, or subcontractors, then Developer shall immediately
desist from and correct such violation.
34.
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.
35.
Counterparts
This Agreement may be executed in multiple counterparts, each of which will be deemed an
original, but which together wil I constitute one instrument.
36.
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.
37.
City Participation; Fiscal Funding Limitation
(a) The City Participation paid by City to developer shall be for 76.0% of the construction costs in an
amount not to exceed $6,162,285.20; 76.0% of the easement costs for easements outside basins
S132, S133, S136, SBB, SB 9 and SB 10 in an amount not to exceed $54,720.00; 33.3% of material
testing costs in an amount not to exceed$123,245.70; and 76.0% of public bidding advertisement
costs in an amount not to exceed $4,230.04. The remaining City Participation in the estimated
amount of $20,251.43 will not be paid to the Developer, but will cover the City's portion of
construction inspection service fees, administrative material testing services fees, and IPRC
Engineering Plan Review Fees. Developer shall be responsible for all other costs for the
Improvements.
The City Participation was calculated in accordance with the charts below. The lengths were
determined based upon a good faith estimate agreed to by the parties. The chart does NOT imply
reservation or allocation of any flows for any basin or design point (DP). Only basins explicitly
listed in Section 39 have any allocations.
Begin End Developer City Avg Length x Developer City length
DP DP Avg Flow Flow Flow length
x x flow
DPI DP2 101.35 204.17 648,315 215 074 433,242
DP2 DP3 101.35 204.17 243,806 80,881 162,925
City of Fort Worth,Texas Page 13 of 21
Standard Community Facilities Agreement with City Participation
Rev.4/2/20
D13 I D14 101.35 265.35 344,339 95.172 249,168
DP4 DP5 180.10 265.35 1,175,119 475,115 700,004
DP5 DP6 256.18 324.60 998,950 440,631 558,319
DP6 DP8 323.02 629.66 1,771,992 600,819 1,171,173
DP8 DP9 362.64 694.77 1,613,608 553,387 1,060,221
DP9 DP10 362.64 1722.99 13,056,059 2,270 119 10 785,940
TOTAL: 19,852,188 4,731,196 15 120 992
Wei hted: 24.0%
Projed Iteminfi n tim-IPRC21-0132 mmin m Cascade
Bidlist 17e6tMtion Spau&atioa L.:ait of $ [Gain Price Bid trsh+e
Item SectimNo. !Measure -
CTR Offsite Sewer Line Faciliries Base Bid
1 0136 0101 Railroad Coordination 01 35 13 LS 1 $9 000.00 $9,000.00
2 0135.0201 RnalroadFlagmen 01 35 13 WD 45 $2000.00 $90,000.00
3 3126 0101 SW PPP>1 Acre 31 25 00 LS 1 $35 000.00 $35,000.00
4 3110.0101 Site Clearing 311000 Ac 20.9 $1,000.00 $20,900.00
5 3292.13200 Seeding.Broadcast Bermuda Grass 32 92 13 SY 112,609 $t1.50 $56,304.50
6 3301.0002 Post-CCTV Inspection 33 01 31 LF 18,643 $1.00 $18,643.00
7 3301.0101 Manhole Vacuum Tesbnq 33 01 30 EA 44 $200.00 $8 800.00
8 3305.0109 Trench Safety 3305 10 LF 1 18,643 $0.50 $9,321.50
9 3305.0110 Utility Markers 33 05 26 EA 37 $120.00 $4,440.00
10 3305.0112 Concrete Collar 3306 17 EA 21 $1,400.00 $29,400.00
11 3305.0113 Trench Water Stops 3305 15 EA 9 $7M-0-0 $6,30-0 00
12 3305.1107 42"Casing By Other Than Open Cut 33 05 22 LF 494 $1,700.00 S839,800.00
13 3305.1108 48"Casing By Other Than Opert Cut 33 05 22 LF 485 $2,100.00 $1,0118,500.00
3311 10,
14 3331.4115 8" SDR-26 PVC Sewer Pipe 3331 12, LF 80 $85.00 $6,800.00
33 31 20
3311 10,
15 3331.4116 8"Sewer Pipe,Deep Trench Backfill( 3331 12, LF 96 $240AM $23,040.00
333120
3311 10,
16 3331 4208 12"SDR-26 PVC Sewer Pipe 3331 12, LF 500 $100 00 $50,000.60
333190
3311 10,
17 3331.4209 12"SDR-26 PVC Sewer Piper Deep Ti 3331 12, LF 3,006 $220.00 S661,320.00
333120
18 3331.4212 12"DIP Sewer 3311 10 LF 108 $165.00 $17,820.00
19 3331.4213 12"DIP Sewer,Deep Trench Backfill 1 33 11 10 LF 196 $175.00 $34,300.00
3311 10,
20 3331.4215 15' S❑R-26 PVC Sewer Pipe 3331 12, LF 2,675 $145 00 $387,875.00
333120
21 3331.4321 24"DIP Sewer(Class 200) 3311 10 LF 582 $275.00 $160.050.00
22 3331.4322 24"DIP Sewer,Deep Trench Backfill 1 3411 10 LF 187 $520.00 $97 240.00
23 33314405 30"DIP Sea%w Cass 150 3511 10 LF 992 $370.60 $367 040.00
24 3331.4406 30"DIP Sewer Deep Trench Backfill 1 36 11 10 LF 138 $6W-60 $82 800.00
25 3339-ODOI Epoxy Manhole liner 33 39 60 EA 44 $6 500.00 5286 000.00
26 3339.1001 4'Manhole 333919, EA 23 $14,500.00 $333,500.00
33 39 20
27 3339.1101 9Manhole 33 39 10. EA 18 $18,000.00 $324,000.00
33 39 20
28 3339.1102 5'Drop Manhole 33391G. EPA 3 $27 000 00 $81.000.00
33 39 20
29 3471.0001 Traffic Control 3471 13 MO 4 $5.500.013 $22,000.00
30 9999 0001 Odor Control-Wager 2050 or Equal K 00 00 00 EA 13 $11,000.00 $143,000.00
31 9999.0002 water-Ti ht Hinged MH Cover 00 00 00 EA 10 $1,500.00 $15,000.00
32 9999.0003 Boot Per Detail for Future 8"S.S.Line 00 00 00 EA 7 $1,000.00 $7,000.00
33 9995.0004 Sawcut,Renrwe&Replace Existing F 00 OD 00 SY 128 $150.00 $19,200.00
34 9999.0005 Re-e and Replace E.Barbed-Win 00 0000 LF 2,181 $12.00 $26,172-00
35 9995.0006 24"Casing By Other Than Open Cut 00 OD 00 LF 55 $950.00 $52,250.00
36 19999.0007 Connect to Ex.Manhole 00 00 00 1 EA 1 $25.000.00 $25,000-00
Total Senmr Improvements Base Bid $5,358,816.00
City of Fort Worth,Texas Page 14 of 21
Standard Community Facilities Agreement with City Participation
Rev.4/2/20
Pf'L1jeCt Tt2Q1WMMt1M Md11 am Cmende
Bidlist Specification L nit of Bid
Item De tso� Secdim to_ Mnsitre Qn=its Grtit Price Bid alt e
Alternate Items CTR affsite Sewer Bid
37A 3331.4225 18"Solid'A'all PVC Per ASTM F679 33 31 20 LF 1,085 $0.00 $0.00
37B 3331.4232 18"Fiberglass Sewer Pipe 3331 13 LF 1.085 $175.00 $189.875.00
38A 3331.4226 18"Solid V%Iald PVC Per ASTM F679,1 33 31 20 LF 672 $0 00 $0.00
385 3331.4233 19'Fiberglass Sewer P e Deep Trer 3331 13 LF 672 $225.00 $151 200.00
39A 3331.4308 21"Solid Wall PVC Per ASTM F679 33 31 20 LF 396 W-00 $0_CO
39B 3331.4311 21"Fiberglass Sewer Pie 33 31 13 LF 396 $190.00 $75.240_CO
40A 3331.4309 21"Solid Wali PVC Per ASTM F679,1 33 31 20 LF 2.249 $9.(}) $0.00
40B 3331.4312 21"Fiberglass Sewer Pi e, Deep Trer 3331 13 LF 2 249 $36f1-w S809,640.110
41A 3331.4318 24"Solid Wall PVC Per ASTM F679 1 3331 20 LF 431 $t1.00 $0.00
41B 3331.4325 24"Fiber lass Sewer Pi , Deep Tre3 3331 13 LF 431 $340.00 S146,540.00
42A 3331.4330 2T'Solid A''all PVC Per ASTM F679 33 31 20 LF 2 237 W.00 $0.00
428 3331.4333 27"Fiberglass Sewer Pipe 33 31 13 LF 2.237 $207.00 5463,059.06
43A 3331.4331 2T Solid Wall PVC Per ASTM F679,11 33 31 20 LF 3,013 W.00 $0.00
43B 3331.4334 2T'Filer lass Sewer Pi e,Deep Trerl 3331 13 LF 3,013 $300.00 S903,900.00
Total_alternate Item Bid S2,739,454.00
Bid Surrurlary
Total Sewer Improvements Base Bid $5,368,816_t10
Total AJterna%Items Bid $2,739,454.00
Total Construction Bid $8108 27B.00
CITI'RIRTTCTP4-TTO'N*COST.SFF-1RE''6% $6,162,285.20
M=AGE HOMES COST SHARE 24% $1.945,984.80
(b) The City shall reimburse Developer for the City Participation no more than three(3)times during
construction of the Improvements. Developer shall endeavor to distribute the requests for
reimbursement as evenly as possible across the expected construction timeline. Developer must
submit payment requests to the City in the form of an invoice in the form approved by the City in
order to obtain reimbursement of the City Participation(each a-Payment Request"). Each Payment
Request shall be delivered to the City through the City's BIM 360 software system. Each Payment
Request must include proof that Developer has paid all contractors for the items included in the
Payment Request. Each Payment Request must all be contain an affidavit of payment and release
of lien signed by Developer's contractors for the amount in the Payment Request.The affidavit and
lien release shall be signed by Developer's contractors and verify that Developer has paid the
contractors and all subcontractors and materials suppliers have been paid. Developer must register
as a vendor of the City before the City Participation may be paid to Developer.
(c) Substantial completion of the Improvements shall occur after Developer's contractors notify the
City that the Improvements are constructed and ready for their intended use, the City and
Developer's contractors inspect the Improvements,and the City concurs that the Improvements are
substantially complete. This City will withhold 5% in retainage from each payment made to
Developer. Developer shall withhold 5% in retainage from each payment made to Developer's
contractors. Retainage shall be paid by City to Developer 30 days after the Improvements are
constructed and accepted by the City and Developer delivers an invoice to the City. The payment
of material testing costs to Developer shall not be made by the City until the Improvements are
accepted by the City as evidenced by execution of the document commonly referred to as the green
sheet.
City of Fort Worth,Texas Page IS of 21
Standard Community Facilities Agreement with City Participation
Rev.4/2/20
(d) In the event no funds or insufficient funds are appropriated and budgeted or are otherwise
unavailable by any means whatsoever in any fiscal period for payments due under this Agreement,
then the City will immediately notify Developer of such occurrence and this Agreement shall be
terminated on the last day of the fiscal period for which appropriations were received without
penalty or expense to the City of any kind whatsoever, except to the portions of annual payments
herein agreed upon for which funds shall have been appropriated.
38.
On-Site Infrastructure
On-Site infrastructure constructed pursuant to separate community facilities agreements may not
be accepted by the City until the Improvements in this Agreement have been constructed, passed all
inspections, and are accepted by the City.
39.
Sewer Capacity and Recovery Charges
The Improvements will serve the basins shown in the basins map attached hereto at Attachment 4
and incorporated herein by reference. Developer is entitled to its proportional share of capacity in the sewer
main based on Developer's capacity related financial participation in the design and construction of the
Project as stated in Table 1. City will review future sewer studies and loadings to ensure proper allocation
is given as outlined in Table 1.
Table 1 —Allowable Flow per Basin
Average Peak Flow
Basin Flow(GPM) GPM
S132 103.78 382.97
SB3 54.69 211.34
S136 24.06 97.45
S138 76.08 286.81
S139 66.84 254.66
SB10 39.62 156.10
Basins in Table 1 will not be subject to per acre or other capital recovery charges related to the
sewer main. Any additional flow beyond the flow requested by the above basins will be subject to future
pro rata charges and available solely at discretion of the City. On the basins not shown in Table 1, the City
may assess a pro rata charge consistent with City ordinance.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
City of Fort Worth,Texas Page 16 of 21
Standard Community Facilities Agreement with City Participation
Rev.4/2/20
40.
Cost Summary Sheet
Project Name: Chisholm Trail Ranch Offsite Sanitary Sewer Main
CFA No.: CFA22-0055 IPRC.No.: IPRC21-0132 City Project No.: 103610
Items Developer's Cost City's Cost Total Cost
A. Water and Sewer Construction
1. Water Construction $ - $ - $ -
2. Sewer Construction $ 1,945,984.80 $ 6,162,285.20 $ 8,108,270.00
Water and Sewer Construction Total $ 1,945,984.80 $ 6,162,285.20 $ 8,108,270.00
B. TPW Construction
1. Street $ - $ - $ -
2. Storm Drain $ - $ - $ -
3. Street Lights Installed by Developer $ - $ - $ -
4. Signals $ - $ - $ -
TPW Construction Cost Total $ - $ - $ -
Total Construction Cost(excluding the fees): $ 1,945,984.80 $ 6,162,285.20 $ 8,108,270.00
Estimated Construction Fees:
C. Construction Inspection Service Fee $27,513.75 $13,736.25 $41,250.00
D. Administrative Material Testing Service Fee $11,112.22 $5,547.78 $16,660.00
E. Material Testing Costs TBC $123,245.70 $123,245.70
F. Easements(24%Developer 76%City) $17,280.00 $54,720.00 $72,000.00
G. IPRC Plan Review Fees $7,662.60 $851.40 $8,514.00
H. Public Bid Advertisement $1,335.80 $4,230.04 $5,565.84
Total Estimated Construction Fees: $64,904.37 $202,331.17 $267,235.54
TOTAL PROJECT COST $ 2,010,889.17 $ 6,364,616.37 $ 8,375,505.54
Financial Guarantee Options, choose one Amount Choice Mark one
Bond = 100% $ 1,945,984.80 X
Completion Agreement= 100%/Holds Plat $ 1,945,984.80
Cash Escrow Water/Sanitary Sewer= 125% $ 2,432,481.00
Cash Escrow Paving/Storm Drain = 125% $ -
Letter of Credit= 125% $ 2,432,481.00
City of Fort Worth,Texas Page 17 of 21
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
Meritage Homes of Texas, LLC
Dana Burghdoff(Sep 13,20 11:53 CDT
Dana Burghdoff
Assistant City Manager By: DavidDavid A�h(Sep 12,202208:11 CDT)
Date: Sep 13, 2022 Name: David Aughinbaugh
Title: Vice President
Recommended by: Date: Sep 12, 2022
8rc�M',&Am
Bichson Nguyen(SKp 12,2022 09:14 CDT)
Dwayne HollarsBichson Nguyen
Contract Compliance Specialist
Development Services Department
Approved as to Form&Legality:
Richard A.McCracken(Sep 13,202211:47 CDT)
Richard A. McCracken
Sr. Assistant City Attorney Contract Compliance Manager:
M&C No. 22-0355
Date: 5/10/22 By signing,I acknowledge that I am the person
responsible for the monitoring and
Form 1295: 2022-877233 administration of this contract,including
ensuring all performance and reporting
ATTEST: requirements.
7GI�!?Gt`t`2 cl C7000�GICC Yano S6arle*�Morales
L Janie Scarlett Morales(Sep 12,2022 21:58 CDT)
Jannette S.Goodall(Sep 14,202215:40 CDT)
Jannette Goodall Janie Morales
City Secretary oaf FORT.Z1aa Development Manager
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OFFICIAL RECORD
CITY SECRETARY
City of Fort Worth,Texas FT.WORTH,TX
Standard Community Facilities Agreement with City Participation
Rev.4/2/20
The following attachments are incorporated into this Agreement. To the extent a
conflict exists between the main body of this Agreement and the following attachments, the
language in the main body of this Agreement shall be controlling.
Included Attachment
® Attachment 1 - Changes to Standard Community Facilities Agreement
❑ Attachment 2—Phased CFA Provisions
❑ Attachment 3 —Concurrent CFA Provisions
® Attachment 4—Basins Map
® Location Map
❑ Exhibit A: Water Improvements
❑X Exhibit A-1: Sewer Improvements
❑ Exhibit B: Paving Improvements
❑ Exhibit B-1: Storm Drain improvements
❑ Exhibit C: Street Lights and Signs improvements
❑X Cost Estimates
(Remainder of Page Intentionally Left Blank)
City of Fort Worth,Texas Page 19 of 21
Standard Community Facilities Agreement with City Participation
Rev.4/2/20
ATTACHMENT"1"
Changes to Standard Community Facilities Agreement
City Project No. 103610
Negotiated changes are contained in the body of the Agreement.
City of Fort Worth,Texas Page 20 of 21
Standard Community Facilities Agreement with City Participation
Rev.4/2/20
ATTACHMENT"4"
BASINS MAP
COLI/MSUS
SB12(SIDW 2Ct s'?ti a
RICHARDSON
FOUNDATION) "AFK F
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5 J
f iyf�,TRAIL G'Dl0[ e0 PACK vzi
'5811{JDL 7ee xA �v tti�t6 xiEL MARKER
7r4 o
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IT
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SB10 Walsh (Em.me 4`r6 a m
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€- SB4 Section 3)
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LA Station 561fi Dev�cT elppmpntl
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_ SBB{Walsh Ranch LPG
Lltt Station Ranch LP] �--
Proposed Sewer Main • �Pa -•DPz
DP4 ,I
—Farce Main typ S63(Rock
SB7 - Creek)
Gravity Main
Future PAC Area
QExempt Future PAC
aPotential Area To Be Included
CTR Ultimate Boundary �* �
- Cf'fis ne��ra3:
Off iste Sewer Main - CTR FOR_ r�aa 1
City of Fort Worth,Texas Page 21 of 21
Standard Community Facilities Agreement with City Participation
Rev.4/2/20
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SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
Chisholm Trail Ranch Sanitary Sewer,City Project#103610
UNIT PRICE BID
Project Item Information Bidder's Proposal
Bidlist Specification I Unit of I Bid
Item Description Section No. I Measure I Quantity Unit Price Bid Value
CTR Offsite Sewer Line Facilities Base Bid
1 0135.0101 Railroad Coordination 01 3513 LS 1 $9,000.00 $9,000.00
2 0135,0201 Roalroad Flagmen 01 35 13 WD 45 $2,000.00 $90,000:00
3 3125.0101 SWPPP>1 Acre 31 2500 LS 1 $35,000.00 $35,000.00
4 3110.0101 Site Clearing 31 1000 Ac 20.9 $1,000.00 $20,900.00
5 3292,0200 Seeding,Broadcast(Bermuda Grass) 32 92 13 Sy 112,609 $0.50 $56,304.50
6 13301.0002 Post-CCTV Inspection 3301 31 LF 18,643 $1.00 $18,643.00
7 3301,0101 Manhole Vacuum Testing 3301 30 EA 44 $200.00 $8,800.00
8 3305.0109 Trench Safety 3305 10 LF 18,643 $0.50 $9,321.50
9 3305.0110 Utility Markers 33 05 26 EA 37 $120.00 $4,440.00
10 3305.0112 Concrete Collar 33 05 17 EA 21 $1,400.00 $29,400.00
11 3305.0113 Trench Water Stops 3305 15 EA 9 $700.00 $6,300.00
12 3305.1107 42"Casing By Other Than Open Cut 33 05 22 LF 494 $1,700.00 $839,800.00
13 3305.1108 48"Casing By Other Than Open Cut 33 05 22 LF 485 $2,100:00 $1,018,500.00
3311 10,
14 3331.4115 8" SDR-26 PVC Sewer Pipe 3331 12, LF 80 $85.00 $6,800,00
33 3120
3311 10,
15 3331.4116 8"Sewer Pipe,Deep Trench Backfill(CSS) 3331 12, LF 96 $240.00 $23,040.00
3331 20
3311 10,
16 3331 A208 12"SDR-26 PVC Sewer Pipe 3331 12, LF 500 $100.00 $50,000.00
33 3120
33 11 10,
17 3331.4209 12"SDR-26 PVC Sewer Pipe,Deep Trench Backfill(CSS) 3331 12, LF 3,006 $220.00 $661,320.00
3331 20
18 3331.4212 12"DIP Sewer 3311 10 LF 108 $165.001 $17,820.00
19 3331.4213 12"DIP Sewer,Deep Trench Backfill(CSS) 3311 10 LF 196 $175.00 $34,300.00
3311 10,
20 3331.4215 15" SDR-26 PVC Sewer Pipe 3331 12, LF 2,675 $145,00 $387,875,00
3331 20
21 3331.4321 24"DIP Sewer(Class 200) 3311 10 LF 582 $275.00 $160,050.00
22 3331.4322 24"DIP Sewer,Deep Trench Backfill(CSS)(Class 200) 3411 10 LF 187 $520.00 $97,240.00
23 3331.4405 30"DIP Sewer(Class 150) 3511 10 LF 992 $370.001 $367,040.00
24 3331.4406 30"DIP Sewer,Deep Trench Backfill(CSS)(Class 150) 3611 10 LF 138 $600.001 $82,800.00
25 3339.0001 Epoxy Manhole Liner 33 39 60 EA 44 $6,500.00 $286,000.00
26 3339.1001 4'Manhole 33 39 10, EA 23 $14;500,00 $333,500,00
33 39 20
27 3339.1101 5'Manhole 33 39 10, EA 18 $18,000.00 $324,000.00
33 39 20
28 3339.1102 5'Drop Manhole 33 39 10, EA 3 $27,000,00 $81,000.00
33 39 20
29 13471.0001 Traffic Control 3471 13 MO 4 $5,500,00 $22,000.00
30 9999.0001 Odor Control-Wager2050 or Equal w/Ball Valve 00 00 00 EA 13 $11,000.00 $143,000.00
31 9999.0002 Water-Tight Hinged MH Cover 00 00 00 EA 10 $1,500.00 $15,000.00
32 9999.0003 Boot Per Detail for Future 8"S.S.Line&Cap&Plug 00 00 00 EA 7 $1,000.00 $7,000.00
33 9999.0004 Sawcut,Remove&Replace Existing Pavement 00 00 00 Sy 128 $150.00 $19,200.00
34 9999,0005 Remove and Replace Ex.Barbed-Wire Fence 00 00 00 LF 2,181 $12.00 $26,172.00
35 9999.000624"Casing By Other Than Open Cut 00 00 00 LF 55 $950.001 $52,250.00
36 19999,0007 Connect to Ex.Manhole 00 00 00 EA 1 1 $25,000.001 $25,000.00
Total Sewer Improvements Base Bid 1 $5,368,816.00
CITY OF FORT WORTH Chl,hohn Trod Ranch 011'A.Sanitary Scher
51 ANDARD CONSTRUCTION BIT)PROPOSAL-DEVU.0MR AWARDED PROTECTS City Prof zct#103759
F,m,Ru}iead In-20,2020 00 42 43 B,d I'r 1m 1
Project Item Information Bidders Proposal
Bidlist Description Specification I Unit of Bid Unit Price Bid Value
Item I Section No. I Measure Quantity
Alternate Items CTR Offsite Sewer Bid
37A 3331.4225 18"Solid Wall PVC Per ASTM F679 3331 20 LF 1,085 $0.00 $0.00
37B 3331.4232 18"Fiberglass Sewer Pipe 3331 13 LF 1,085 $175.00 $189,875.00
38A 3331.4226 18"Solid Wail PVC Per ASTM F679,Deep Trench Backfill(CSS) 3331 20 LF 672 $0.00 $0.00
38B 3331.4233 18"Fiberglass Sewer Pipe,Deep Trench Backfill(CSS) 3331 13 LF 672 $225.00 $151.200.00
39A 3331.430E 21"Solid Wall PVC Per ASTM F679 3331 20 LF 396 $0.00 $0.00
39B 3331.4311 21"Fiberglass Sewer Pipe 3331 13 LF 396 $190.00 $75,240.00
40A 3331.4309 21"Solid Wail PVC Per ASTM F679,Deep Trench Backfill(CSS) 3331 20 LF 2,249 $0.001 $0.00
40B 3331.4312 21"Fiberglass Sewer Pipe,Deep Trench Backfill(CSS) 3331 13 LF 2,249 $360.00 $809,640.00
41A 3331.4318 24"Solid Wall PVC Per ASTM F679,Deep Trench Backfill(CSS) 3331 20 LF 431 $0.00 $0.00
41 B 3331.4325 24"Fiberglass Sewer Pipe,Deep Trench Backfill(CSS) 3331 13 LF 431 $340.00 $146.540.00
42A 3331.4330 27"Solid Wall PVC Per ASTM F679 3331 20 LF 2,237 $0,00 $0.00
42B 3331.4333 27"Fiberglass Sewer Pipe 3331 13 LF 2,237 $207.00 $463,059.00
43A 13331.4331 27"Solid Wall PVC Per ASTM F679,Deep Trench Backfill(CSS) 3331 20 LF 3,013 $0.00 $0.00
436 13331.4334 27"Fiberglass Sewer Pipe,Deep Trench Backfill(CSS) 3331 13 LF 1 3,013 1 $300.001 $903,900.00
Total Alternate Items Bid $2,739,454.00
Bid Summary
Total Sewer Improvements Base Bid $5,368,816.00
Total Alternate Items Bid $2,739,454.00
Total Construction Bid $8,108,270.00
Contractor shall bid the least expensive pipe material in the Chisholm Trail Ranch Offsite Sewer section of the bid proposal as well as
the corresponding items of that selected material.For example,only(37A43A)or(37B-43B)shall be chosen for bidding.
This bid is submitted by the entity listed below:
Company:Mountain Cascade of Texas,LLC By:Andrew L.McCulloch
Street Address:5340 East US Highway 67
City,State,Zip Code: Alvarado,TX 76009
Phone:817-783-3094 Signature
Title: Vice President
Date: 3/31/2022
Contractor agrees to complete WORK for FINAL ACCEPTANCE within 132 working days after the date when the
CONTRACT commences to nm as provided in the General Conditions.
END OF SECTION
CITY OF FORT WORTH Ctusholta Tmd Reach Otrsne SnNua)Sewer
STANDARD CONSTRUCTION BID PROPOSAL:DEVELOPER AWARDED PROJECTS Ca,Project#103758
Form Revised January 29.2020 00 42 43 Bid Proposal
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 05/10/22 M&C FILE NUMBER: M&C 22-0355
LOG NAME: 60CHISHOLM TRAIL RANCH OFFSITE SEWER CFA
SUBJECT
(CD 6)Authorize Execution of a Community Facilities Agreement with Meritage Homes of Texas, LLC,with City Participation in an Amount Not to
Exceed$6,345,616.37 for Oversizing and Land Acquisition for the Extension of Chisholm Trail Ranch Offsite Sewer Main Located in South West
Fort Worth and Anticipated Future Growth in South Fort Worth, and Adopt Attached Appropriation Ordinance to Effect a Portion of Water's
Contribution to the Fiscal Years 2022-2026 Capital Improvement Program
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of a community facilities agreement with Meritage Homes of Texas, LLC,with City participation in an amount not to
exceed$6,345,616.37 for oversizing and land acquisition for the Chisholm Trail Ranch offsite sewer main located in south west Fort Worth
and anticipated future growth in south Fort Worth;and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water and Sewer Capital Projects
Fund, in the amount of$7,578,074.00,from available funds, in the Community Facilities Agreement Bucket programmable project(City
Project No.P00001),for the purpose of funding the Community Facilities Agreement —Chisholm Trail Ranch Offsite Sewer Project(City
Project No.103610)and to effect a portion of Water's contribution to the Fiscal Years 2022-2026 Capital Improvement Program.
DISCUSSION:
Meritage Homes of Texas, LLC(Developer)is constructing Chisholm Trail Ranch offsite sanitary sewer.The project will serve Chisholm Trail
Ranch development located west of South Freeway and north of McPherson Boulevard.The City is participating in the project to oversize 18,000
linear feet of sewer main to provide additional capacity for future growth within the basin.The construction cost for the project is estimated to be
allocated at 24%for Meritage Homes of Texas, LLC and 76%for the City.The Chisholm Trail Ranch offsite sewer project is assigned (City Project
No. 103610)and Accela System Record IPRC21-0132.
Meritage Homes of Texas, LLC, Inc has publicly bid the project.The City's cost participation in the land acquisition and oversizing of the sewer
main is estimated to be in an amount not to exceed$6,345,616.37 as shown in the table below. Payments to the Developer are estimated to be
$6,162,285.20 for construction costs, $4,230.04 public bid advertisement, $851.40 for IPRC plan review fees, $35,720.00 for easement cost,
$13,736.25 for construction inspection fees, $5,547.78 for admin material testing fees and$123,245.70 for material testing cost.The remaining
City participation for contingency in the estimated amount of$1,232,457.04 will cover the City's portion of any change orders.
A. Public Improvements Developer City Cost Total Cost
Cost
1. Sewer $1,945,984.80$6,162,285.20$8,108,270.00
Contingency 20% $0.00$1,232,457.04$1,232,457.04
B. Inspections&Testing
1.Construction Inspection
Fee(33.3%) $27,513.75 $13,736.25 $41,250.00
2.Admin Material Testing
Fee(33.3%) $11,112.22 $5,547.78 $16,660.00
3. Material Testing Cost
(33.3%) $0.00 $123,245.70 $123,245.70
4.Water Lab Fee $0.00 $0.00 $0.00
C. Easements(76%) $11,280.00 $35,720.00 $47,000.00
D. IPRC Plan Review Fees
(10%) $7,662.60 $851.40 $8,514.00
E. Public Bid Advertisement
(76%) $1,335.80 $4,230.04 $5,565.84
Total Project Cost $2,004,889.17$7,578,073.41 $9,582,962.58
*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.
It is the practice of the Water Department to appropriate its CIP plan throughout the fiscal year, instead of within the annual budget ordinance, as
projects commence, additional funding needs are identified,and to comply with bond covenants.The actions in the Mayor&Council
Communication (M&C)will appropriate funds in support of the Water's portion of the City of Fort Worth's Fiscal Years 2022.
Capital Fund Name Project Name FY2022 CIP Authority Budget Change Revised FY2022
(Increase/Decrease) Budget
Appropriations
Govt Community Facilities Agmt- P00001-CFA Bucket $1,100,000.00 $1,100,000.00
Fund 30111
CFA Developer-Fund 30114 P00001-CFA Bucket $6,000,000.00 $6,000,000.00
Water/Sewer Bond 2016-Fund P00001-CFA Bucket $0.00 M&C 21- $1,211,467.00 $1,211,467.00
56005 0917
M&C 21- $112,280.00 $112,280.00
0919
M&C 21- $55,061.00 $55,061.00
0918
M&C 22- $234,735.00 $234,735.00
0176
M&C 22- $180,752.00 $180,752.00
0177
M&C 22- $234,735.00 $234,735.00
0176
M&C 22- $180,752.00 $180,752.00
0177
Water&Sewer Bond 2017A-Fund P00001-CFA Bucket $0.00 M&C 22- $200,857.00 $200,857.00
56011 0175
This M&C $7,578,074.00 $7,578,074.00
Total P00001-CFW Bucket $7,100,000.00 $9,988,713.00 $17,088,713.00
Appropriations
Funding for the Community Facility Agreement(CFA)—Chisholm Trail Ranch Offsite Sewer as depicted in the table below:
Fund Existing Additional Project Total*
Appropriations Appropriations
Water&
Sewer
Bond $200,857.00 $0.00 $200,857.00
2017A-
Fund 56011
Water&
Sewer
Capital $0.00$7,578,074.00$7,578,074.00
Projects-
Fund 56002
Total Projectl $200,857.00$7,578,074.00$7,778,931.00
*Numbers rounded for presentation purposes.
Funding is currently available in the Unspecified-All Funds project within the Water&Sewer Capital Projects fund for the purpose of funding the
community facilities agreement—Chisholm Trail Ranch Offsite Sewer project.
BUSINESS EQUITY—City Project No. 103521 is listed on the Cost Participation Water Department list of waived developer projects negotiated in
Fiscal Years 2019-2020 and agreed upon between Development Services and DVIN
This development is located in Council District 6.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are currently available in the Unspecified-All Funds project within the W&S Capital Projects Fund and
upon approval of the above recommendations and adoption of the attached appropriation ordinance,funds will be available in the W&S Capital
Projects Fund for the CFA Bucket programmable project to support the approval of the above recommendations and execution of the agreement.
Prior to an expenditure being incurred,the Water Department has the responsibility of verifying the availability of funds.
Submitted for City Manager's Office by. Dana Burghdoff 8018
Originating Business Unit Head: Chris Harder 5020
Additional Information Contact: Taylor Gunderman 8369
Expedited