HomeMy WebLinkAboutContract 58231 Received Date: Oct 14, 2022
Received Time: 9:19 AM
Developer and Project Information Cover Sheet:
Developer Company Name: Lennar Homes of Texas Land and Construction, LTD.
Address, State,Zip Code: 1707 Market Place Blvd, Suite 100 Irving,Texas 75063
Phone &Email: (469)587-5293 1 Jennifer.Eller&lennar.com
Authorized Signatory,Title: Jennifer Eller,Authorized Agent
Project Name: Landing at Creekside Phase 1
Brief Description: Water, Sewer,Paving, Storm Drain, Street Lights& Signs
Project Location: Southwest of US Highway 287&W Bailey Boswell Rd, South
of WJ Boaz Rd
Plat Case Number: PP-020-028 Plat Name: Landing at Creekside Phase 1
Mapsco: 33S Council District: 7
CFA Number: 22-0104 City Project Number: 103525 1 IPRC21-0123
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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City Secretary Number: 58231
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 Lennar Homes of Texas Land and
Construction, LTD. ("Developer"), acting by and through its duly authorized representative. City and
Developer are referred to herein individually as a"party"and collectively as the "parties."
WHEREAS, Developer is constructing private improvements or subdividing land within the
corporate limits of Fort Worth,Texas or its extraterritorial jurisdiction,for a project known as Landing at
Creekside Phase 1 ("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
$223,394.65 to enlarge the scope of the Improvements beyond what Developer is responsible for
constructing by oversizing a 12-inch water main to a 16-inch water main and oversizing an 8-inch water
main to a 12-inch water main as authorized by City Council through approval of M&C 22-0649_on August
23,2022("City Participation"); and
WHEREAS, the City Participation includes payments to Developer in an amount not to exceed
$206,676.13 for construction costs and an amount not to exceed $4,133.52 for material testing. The
remaining City Participation in the amount of$12,585.00 will not be paid to Developer,but will cover the
City's portion of administrative material testing service fees,construction inspection service fees and water
testing lab fees; and
WHEREAS, the Developer and the City desire to enter into this Agreement in connection with
the collective Improvements for the Project;
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NOW,THEREFORE,for and in consideration of the covenants and conditions contained herein,
the City and the Developer do hereby agree as follows:
1.
CFA Ordinance
The Community Facilities Agreements Ordinance("CFA Ordinance"),as amended,is incorporated
into this Agreement by reference, as if it was fully set forth herein. Developer agrees to comply with all
provisions of the CFA Ordinance in the performance of Developer's duties and obligations pursuant to this
Agreement and to cause all contractors hired by Developer to comply with the CFA Ordinance in
connection with the work performed by the contractors. If a conflict exist between the terms and conditions
of this Agreement and the CFA Ordinance,the CFA Ordinance shall control.
2.
Incorporation of Engineering Plans
The engineering plans for the Improvements that have been approved by the City ("Engineering
Plans")are incorporated into this Agreement by reference as if fully set out herein. Developer shall provide
at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to
construct the Improvements required by this Agreement.
3.
Description of Improvements; Exhibits and Attachments
The following exhibits describe the general location, nature and extent of the Improvements that
are the subject of this Agreement and are attached hereto and incorporated herein by reference:
❑X Exhibit A: Water
❑X Exhibit A-1: Sewer
❑X Exhibit B: Paving
❑X Exhibit B-1: Storm Drain
❑X Exhibit C: Street Lights & Street Signs
The Location Map and Cost Estimates are also attached hereto and incorporated herein by
reference. To the extent that Exhibits A, A-1, B, B-1, C, the Location Map, or the Cost Estimates
conflict with the Engineering Plans, the Engineering Plans shall control. If applicable,Attachment 1 —
Changes to Standard Community Facilities Agreement, Attachment 2 — Phased CFA Provisions, and
Attachment 3 — Concurrent CFA Provisions, are attached hereto and incorporated herein for all
purposes.
4.
Construction of Improvements
Developer agrees to cause the construction of the Improvements contemplated by this Agreement
and that said construction shall be completed in a good and workmanlike manner and in accordance with
all City standards and specifications, the Engineering Plans, the Cost Estimates provided for the
Improvements,and this Agreement. Developer acknowledges that City will not accept the Improvements
until the City receives affidavits and lien releases signed by Developer's contractors verifying that the
contractors, and all subcontractors and material suppliers, have been paid in full for constructing the
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Improvements, and consent of the surety on payment and performance bonds provided for the
Improvements.
5.
Financial Guarantee
Developer has provided the City with a financial guarantee in the form and amounts set forth in
this Agreement which guarantees the construction of the Improvements and payment by Developer of
all contractors, subcontractors, and material suppliers for the Improvements ("Financial Guarantee").
Developer shall keep the Financial Guarantee in full force and effect until released by the City and shall
not reduce the amount of the Financial Guarantee unless authorized by the City in accordance with the
CFA Ordinance.
6.
Completion Deadline; Extension Periods
This Agreement shall be effective on the date this Agreement is executed by the City's Assistant
City Manager ("Effective Date"). Developer shall complete construction of the Improvements and
obtain the City's acceptance of the Improvements within two (2)years of the Effective Date ("Term").
If construction of the Improvements has started during the Term, the Developer may request that this
Agreement be extended for an additional period of time ("Extension Period"). All Extension Periods shall
be agreed to in writing by the City and the Developer as set forth in a written amendment to this Agreement.
In no event shall the Term of this Agreement plus any Extension Periods be for more than three years.
7.
Failure to Construct the Improvements
(a) The City may utilize the Developer's Financial Guarantee to cause the completion of the
construction of the Improvements if at the end of the Term, and any Extension Periods, the
Improvements have not been completed and accepted by the City. If the Improvements are not
completed at the end of the Term, and any Extension Periods, there will be no further obligation
for City Participation to be paid to the Developer.
(b) The City may utilize the Developer's Financial Guarantee to cause the completion of the
construction of the Improvements or to cause the payment of costs for construction of the
Improvements before the expiration of the Term, and any Extension Period, if the Developer
breaches this Agreement,becomes insolvent,or fails to pay costs of construction.
(c) If the Financial Guarantee is a Completion Agreement and the Developer's contractors or suppliers
are not paid for construction costs or materials supplied for the Improvements the contractors and
suppliers may place a lien upon any property which the City does not have an ownership interest
that is the subject of the Completion Agreement.
(d) Nothing contained herein is intended to limit the Developer's obligations under the CFA
Ordinance, this Agreement, the Financial Guarantee, Developer's agreements with Developer's
contractors,or other related agreements.
8.
Termination
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If Developer desires to terminate this Agreement before Developer's contractors begin
constructing the Improvements, Developer agrees to the following:
(a) that Developer and City must execute a termination of this Agreement in writing;
(b) that Developer will vacate any final plats that have been filed with the county where the Project
is located; and
(c) to pay to the City all costs incurred by the City in connection with this Agreement, including
time spent by the City's inspectors at preconstruction meetings.
9.
Award of Construction Contracts
(a) Developer will award all contracts for the construction of the Improvements and cause the
Improvements to be constructed in accordance with the CFA Ordinance.
(b) Developer will employ construction contractors who meet the requirements of the City to construct
the Improvements including,but not limited,to being prequalified,insured,licensed and bonded to
construct the Improvements in the City.
(c) Developer will require Developer's contractors to provide the City with payment and performance
bonds naming the City and the Developer as dual obligees, in the amount of one hundred percent
(100%) of the cost of the Improvements as required by the CFA Ordinance. The payment and
performance bonds shall guarantee construction of the Improvements and payment of all
subcontractors and material suppliers. Developer agrees to require Developer's contractors to
provide the City with a maintenance bond naming the City as an obligee, in the amount of one
hundred percent(100%) of the cost of the Improvements, that guarantees correction of defects in
materials and workmanship for the Improvements by the contractor and surety for a period of two
(2)years after completion and final acceptance of the Improvements by the City. All bonds must
be provided to the City before construction begins and must meet the requirements of the City's
Standard Conditions,Chapter 2253 of the Texas Government Code,and the Texas Insurance Code.
(d) Developer will require Developer's contractors to provide the City with insurance equal to or in
excess of the amounts required by the City's standard specifications and contract documents for
developer-awarded infrastructure construction contracts. The City must be named as an additional
insured on all insurance policies. The Developer must provide the City with a Certificate of
Insurance (ACORD or form approved by the State of Texas), supplied by each contractor's
insurance provider,which shall be made a part of the Project Manual.
(e) Developer will require the Developer's contractors to give forty-eight(48)hours' advance notice
of their intent to commence construction of the Improvements to the City's Construction Services
Division so that City inspection personnel will be available. Developer will require Developer's
contractors to allow construction of the Improvements to be subject to inspection at any and all
times by the City's inspectors. Developer will require Developer's contractors to not install or
relocate any sanitary sewer, storm drain,or water pipe unless a City inspector is present and gives
consent to proceed, and to allow such laboratory tests as may be required by the City.
(f) Developer will not allow Developer's contractors to begin construction of the Improvements until
a notice to proceed to construction is issued by the City.
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(g) Developer will not allow Developer's contractors to connect buildings to service lines of sewer and
water mains constructed pursuant to this Agreement, if any, until said sewer, water mains and
service lines have been completed to the satisfaction of the City.
(h) Developer shall ensure the contractors are paid the City's wage rates in effect during construction
of the Improvements.
10.
Utilities
Developer shall cause the installation or adjustment of utilities required to: (1) serve the Project;
and (2) to construct the Improvements required herein. City shall not be responsible for payment of any
costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with
any of the Improvements to be constructed pursuant to this Agreement.
11.
Easements and Rights-of-Way
Developer agrees to provide,at its expense,all necessary rights-of-way and easements required for
the construction and dedication to the City of the Improvements provided for by this Agreement.
12.
Liability and Indemnification
(a) DEVELOPER HEREBY RELEASES AND AGREES TO INDEMNIFY, DEFEND AND
HOLD THE CITY HARMLESS FOR ANY INADEQUACIES IN THE PRELIMINARY
PLANS, SPECIFICATIONS, ENGINEERING PLANS, AND COST ESTIMATES
SUPPLIED BY THE DEVELOPER FOR THIS AGREEMENT.
(b) THE DEVELOPER COVENANTS AND AGREES TO,AND BY THESE PRESENTS DOES
HEREBY FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS
OFFICERS,AGENTS AND EMPLOYEES FROM ALL SUITS,ACTIONS OR CLAIMS OF
ANY CHARACTER, WHETHER REAL OR ASSERTED,BROUGHT FOR OR ONACCOUNT
OFANYINJURIES OR DAMAGES SUSTAINED B YANY PERSONS,INCL UDING DEATH,
OR TO ANY PROPERTY, RESULTING FROM OR IN CONNECTION WITH THE
CONSTRUCTION,DESIGN, PERFORMANCE OR COMPLETION OF ANY WORK TO BE
PERFORMED BY SAID DEVELOPER, ITS CONTRACTORS, SUBCONTRACTORS,
OFFICERS, AGENTS OR EMPLOYEES, OR IN CONSEQUENCE OF ANY FAILURE TO
PROPERL Y SAFEGUARD THE WORK, OR ONACCOUNT OF ANY ACT,INTENTIONAL
OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID DEVELOPER, ITS
CONTRACTORS, SUB-CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES,
WHETHER OR NOT SUCHINJURIES,DEATH OR DAMAGESARE CAUSED,IN WHOLE
OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS
OFFICERS,SERVANTS, OR EMPLOYEES.
(c) DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND AND
HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM
AND AGAINST ANY AND ALL CLAIMS, SUITS OR CAUSES OF ACTION OF ANY
NATURE WHATSOEVER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ON
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ACCOUNT OF ANY INJURIES OR DAMAGES TO PERSONS OR PROPERTY,
INCLUDING DEATH,RESULTING FROM, OR IN ANY WAY CONNECTED WITH, THE
CONSTRUCTION OF THE IMPROVEMENTS CONTEMPLATED HEREIN, WHETHER
OR NOT SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE OR IN
PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS
OFFICERS, SERVANTS, OR EMPLOYEES. FURTHER, DEVELOPER WILL REQUIRE
ITS CONTRACTORS TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY
FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES SUFFERED BY THE CITY OR
CAUSED AS A RESULT OF SAID CONTRACTORS' FAILURE TO COMPLETE THE
WORK AND CONSTRUCT THE IMPROVEMENTS IN A GOOD AND WORKMANLIKE
MANNER, FREE FROM DEFECTS,IN CONFORMANCE WITH THE CFA ORDINANCE,
AND INACCORDANCE WITH ALL PLANS AND SPECIFICATIONS.
13.
Right to Enforce Contracts
Upon completion of all work associated with the construction of the Improvements,Developer will
assign to the City a non-exclusive right to enforce the contracts entered into by Developer with its
contractors,along with an assignment of all warranties given by the contractors,whether express or implied.
Further,Developer agrees that all contracts with any contractor shall include provisions granting to the City
the right to enforce such contracts as an express intended third 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 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 the actual costs of the fees are less than the estimated payments made by the
Developer,the City will refund the difference to the Developer. If the difference between the actual costs
and the estimated payments made by the Developer is less than fifty dollars($50.00),the City will not issue
a refund and the Developer will not be responsible for paying the difference. The financial guarantee will
not be released by the City or returned to the Developer until reconciliation has been completed by the City
and any fees owed to the City have been paid by the Developer.
15.
Material Testing
The City maintains a list of pre-approved material testing laboratories. The Developer must
contract with material testing laboratories on the City's list. Material testing laboratories will provide copies
of all test results directly to the City and the Developer. If the Improvements being constructed fail a test,
the Developer must correct or replace the Improvements until the Improvements pass all retests. The
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.
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16.
Notices
All notices required or permitted under this Agreement may be given to a party by hand-
delivery or by mail, addressed to such party at the address stated below. Any notice so given shall be
deemed to have been received when deposited in the United States mail so addressed with postage
prepaid:
CITY: DEVELOPER:
Development Coordination Office Lennar Homes of Texas Land and
City of Fort Worth Construction, LTD.
200 Texas Street 1707 Market Place Blvd, Suite 100
Fort Worth, Texas 76102 Irving, Texas 75063
With copies to:
City Attorney's Office
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
and
City Manager's Office
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
Or to such other address one party may hereafter designate by notice in writing addressed and
mailed or delivered to the other party hereto.
17.
Right to Audit
Developer agrees that, until the expiration of three (3) years after acceptance by the City of the
Improvements constructed pursuant to this Agreement, that the City shall have access to and the right to
examine any directly pertinent books, documents, papers and records of the Developer involving
transactions relating to this Agreement. Developer agrees that the City shall have access during normal
working hours to all necessary Developer facilities and shall be provided adequate and appropriate
workspace in order to conduct audits in compliance with the provisions of this section. The City shall give
Developer reasonable advance notice of intended audits.
Developer further agrees to include in all contracts with Developer's contractors for the
Improvements a provision to the effect that the contractor agrees that the City shall,until the expiration of
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,
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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.
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22.
Headings
The paragraph headings contained herein are for the convenience in reference and are not intended
to define or limit the scope of any provision of this Agreement.
23.
Severability
In the event that any clause or provision of this Agreement shall be held to be invalid by any
court of competent jurisdiction, the invalidity of such clause or provision shall not affect any of the
remaining provisions hereof.
24.
Review of Counsel
City and Developer, and if they so choose,their attorneys, have had the opportunity to review
and comment on this document;therefore any rule of contract construction or interpretation that would
normally call for the document to be interpreted as against the drafting party shall not apply in
interpretation of this Agreement, and each section, portion, and provision of this Agreement shall be
construed solely on the basis of the language contained therein, regardless of who authored such
language.
25.
Prohibition on Boycotting Israel
Developer acknowledges that in accordance with Chapter 2271 of the Texas Government Code,
the City is prohibited from entering into a contract with a company with 10 or more full-time employees
that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City for
goods or services unless the contract contains a written verification from the company that it: (1)does not
boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel"
and"company"have 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 meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by
Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is
applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature
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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
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 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.
Compliance with Public Information Act Requests
The requirements of Subchapter J, Chapter 552, Government Code, may apply to this
Agreement and Developer agrees that the Agreement can be 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 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,
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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
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 will constitute one instrument.
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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 shall reimburse Developer for construction costs in an amount not to exceed$206,676.13
and for material testing in an amount not to exceed$4,133.52. The remaining City Participation in
the amount of $12,585.00 will not be paid to Developer, but will cover the City's portion of
administrative material testing service fees, construction inspection service fees and water testing
lab fees. The City Participation will be paid to Developer after presentation of proper
documentation by Developer to the City that the Improvements have been constructed and accepted
by the City and all contractors and material suppliers have been paid. Developer must register as
a vendor of the City in order for the City Participation to be paid to Developer. The City
Participation was calculated as follows:
IPRC21-0123 CPI`193525 Landing Unit of Contractur CFw Unit Total Citc Cost
at Creelcside pleasure Qt3 Derence
Unit Price Price Participation
12"PVC Water Line LF 2375.00 $102.00 $71.34 $91.12-$71.34=$19.78 $46,971.50
16"PVC Water Line $142.00 $91.12
8"PVC Water Line LF $59.00 $46.54 $49 92240
12"PVC Water Line 2013 $102.00 $71.34 $71.34-$46.54=$24.80
12"DIP Water Line LF $132.00 $138.87 $4,430.52
16"DIP Water Line 124 $182.00 $167.73 $167.73-$132.00=$35.73
8"DIP Water Line LF $88.00 $78.52
12"DIP Water Line 26 $132.00 $138.87 $132.00-$78.52=$53AB $1,39D.48
24"Casin ❑pe n Cut LF $420.00 $101.15 $21,783.00
30"Casin 0 pe nCut 100 $480.00 $318.98 $318.98-$101.15=$217.83
12"Gate Valve EA 3.00 $3,000.w $2,390.16 $14,029.23-$2,390.16=$11,639.07 $34,917.21
16"Gate Valve $24,500.00 $14,029.23
8"Gate Valve EA $1,500.00 $1,414.16
12"Gate Valve 7.00 $3,000.00 $2,390.16 $2,390.16-$1,414.16=$975.50 $6,828.50
12"Ductile Iron Fittings w restraint 2.19 $8,500.00 $5,562.47 4.68 tons-2.19 tons=2A9 tons $13,850.55
16"Ductile Iron Fittings w restraint TONS 4.68
8"Ductile Iron Fittings w restraint 1.83 $8 500.00 $5,562.47 2-91 tons-1.83 tons=$1.08tons $6,007.47
12"Ductile Iron Fittings w restraint TUNS 2.91
CSS Backfill(lowering)convert to CY 8" 3.20
CY $100.00 $87.02 4.61 CY-3.20 CY=1.41 CY $122.70
CSS Backfill(lowering)convert to CY(12' 4 61
CSS Backfill(lowering)convert to CY(12') CY "1 $100.00 $87.02 36.71 CY-19.81 CY=16.90 CY $1,470.64
CSS Backfill(lowering)convert to CY(16") 36.71
6"Blow off Valve' EA LDO $12,5DO.00 $11,475.17 -100%City $11,475.17
2"Combination Air Release Valve' EA LDO $7 500.00 $7,583.56 *10056 C- $7,500.00
Lowest Unit Prices in"BOLD" City Participation Construction Cost $206,676.13
(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 Contractors notify the
City that the Improvements are constructed and ready for their intended use, the City and
City of Fort Worth,Texas Page 13 of 18
Standard Community Facilities Agreement with City Participation
Rev.4/2/20
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.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
City of Fort Worth,Texas Page 14 of 18
Standard Community Facilities Agreement with City Participation
Rev.4/2/20
38.
Cost Summary Sheet
Pro]ect Name:
CFA No. 22-0104 IPRC No. 21-0123 City Project No.: 103525
Items Developer's Cost City's Cost Total Cost
A. Water and Sewer Construction
1. Water Construction $ 1,103,740.37 $ 206,676.13 $ 1,310,416.50
2. Sewer Construction $ 544,429.50 $ - $ 544,429.50
Water and Sewer Construction Total $ 1,648,169.87 $ 206,676.13 $ 1,854,846.00
B. TPW Construction
1. Street $ 1,437,826.50 $ - $ 1,437,826.50
2. Storm Drain $ 1,765,936.00 $ $ 1,765,936.00
3. Street Lights Installed by Developer $ 228,474.00 $ $ 228,474.00
4. Signals $ - $ $ -
TPW Construction Cost Total $ 3,432,236.50 $ $ 3,432,236.50
Total Construction Cost(excluding the fees): $ 5,080,406.37 $ 206,676.13 $ 5,287,082.50
Estimated Construction Fees:
C. Construction Inspection Service Fee $ 71,750.00 $ 9,500.00 $ 81,250.00
D. Administrative Material Testing Service Fee $ 14,455.00 $ 2,695.00 $ 17,150.00
E. Material Testing Cost $ 4,133.52 $ 4,133.52
F. Water Testing Lab Fee $ 900.00 $ 390.00 $ 1,290.00
Total Estimated Construction Fees: $ 87,105.00 $ 16,718.52 $ 103,823.52
TOTAL PROJECT COST $ 5,167,511.37 $ 5,390,906.02
Choice
Financial Guarantee Options, choose one Amount (Mark one)
Bond= 100% $ 5,287,082.50 X
Completion Agreement=100%/Holds Plat $ 5,287,082.50
Cash Escrow Water/Sanitary Sewer= 125% $ 2,318,557.50
Cash Escrow Paving/Storm Drain= 125% $ 4,290,295.63
Letter of Credit= 125% $ 6,608,853.13
City of Fort Worth,Texas Page 15 of 18
Standard Community Facilities Agreement with City Participation
Rev.4/2/20
IN WITNESS WHEREOF,the City and Developer have each executed this Agreement by their
duly authorized signatories to be effective on the date executed by the City's Assistant City Manager.
CITY OF FORT WORTH DEVELOPER
Lennar Homes of Texas Land and Construction,
b L5=L� LTD.
Dana Burghdoff( t 11,20 20:01 CDT)
Dana Burghdoff
Assistant City Manager
By Jennifer Eller(Oct 6,202214:43 CDT)
Date: Oct 11, 2022 Name: Jennifer Eller
Title: Authorized Agent
Recommended by:
Date: Oct 6, 2022
ofiw
Dwayne Ho Ha rs(Oct 6,2022 14:51 CDT)
Dwayne Hollars
Contract Compliance Specialist
Development Services Department
Approved as to Form &Legality:
4r2l
Richard A.McCracken(Oct 6,2022 14:58 CDT)
Richard A.McCracken
Sr.Assistant City Attorney
Contract Compliance Manager:
M&C No. 22-0649
Date: 8/23/22 By signing, I acknowledge that I am the person
responsible for the monitoring and
Form 1295: 2022-868177 administration of this contract,including
ensuring all performance and reporting
ATTEST:
requirements.
Matt Tilly (Oct 6,2022 14:52 CDT)
J ette S.Goodall(Oct 12,2022 14: CDT)
Jannette Goodall ao�40Rn��a Janie Scarlett Morales
City Secretary pF°F°°°°rt,P Development Manager
a� ° G d�
°
°
0
0
0
o o=�
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0
°°00000°
n *XAsa�p
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth,Texas Page 16 of 18
Standard Community Facilities Agreement with City Participation
Rev.4/2/20
The following attachments are incorporated into this Agreement. To the extent a
conflict exists between the main body of this Agreement and the following attachments, the
language in the main body of this Agreement shall be controlling.
Included Attachment
❑X Attachment 1 -Changes to Standard Community Facilities Agreement
❑ Attachment 2—Phased CFA Provisions
❑ Attachment 3 —Concurrent CFA Provisions
❑X Location Map
❑X Exhibit A: Water Improvements
❑X Exhibit A-1: Sewer Improvements
❑X Exhibit B: Paving Improvements
❑X Exhibit B-1: Storm Drain Improvements
❑X Exhibit C: Street Lights and Signs Improvements
❑X Cost Estimates
(Remainder of Page Intentionally Left Blank)
City of Fort Worth,Texas Page 17 of 18
Standard Community Facilities Agreement with City Participation
Rev.4/2/20
ATTACHMENT"1"
Changes to Standard Community Facilities Agreement
City Proj ect No. 103525
None
City of Fort Worth,Texas Page 18 of 18
Standard Community Facilities Agreement with City Participation
Rev.4/2/20
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00 42 43 Util&Pay
BID PROPOSAL
Page 1 of 5
SECTION 00 42 43
PROPOSALFORM
LANDING AT CREEKSIDE PHASE 1
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Specification Unit of Bid
Description Unit Price Bid Value
No, Section No. Measure Quantity
UNIT I:WATER IMPROVEMENTS
1 3201.0121 4'Wide Asphalt Pvmt Repair,Arterial 3201 17 W LF i 543 $40.00 _ _ $21,720.00
_ -.. _
2 3201.0123 6'Wide Asphalt Pvmt Repair,Arterial 32 01 17_ �LF W 22 $60 00 $1 320.00
3 3305 01 nch Safe 33 05 10_ _LF- __ 7062 $2 00 _$14,124.00
a 09 Tr e__ _.�'_ T _.__-----._____. .. _
�4� 3305.1005 30"Casing By Open Cut 33 05 22 �LF 125 $480.00 �$60,000.00
5 3311.0001 Ductile Iron Water Fittings w/Restraint' 3311 11 TON_ 10.899 _$8,500.00 $92 641 50
6 3311 0261 8'PVC Water Pipe _ 33 11 12� i LF� �1754 $58 00 �$101,732.00
_ .. Pipe 3311 10 LF 107 $88 i00. $9,416,00
_._..� 3311 0251 8"DIP Water Pl_. . . _ _..__ ... _
8� 3311.0254 8"DIP Water Pipe,CLSM Backfill 3311 10 _ LF� _ 261 $108.00 �$28 188.00
9 3311.0461 12"PVC Water Pipe 3311 12, _-LF _1795 $102 00 _ $183 090 00
_ _51 ._. .K _. Pipe . _ , .. _.. _._ .._..,
_. $132 00 _ __$29,700.00
_10 3311.0451 12"DIP Water Pie 33 11 10 LF 225 _
_.33 .., p331112 -_ 0 $122.00. _ $2 440 00
11 3311.0462 12"PVC Water Pipe,CSS Backfill LF 20
12 _ 3311.0467 12"PVC Water Pipe,CLSM Backfill 33 11 12 _LF 142 $117.00 __$16,614.00
13 3311.0561 16"PVC C905 Water Pipe _ 4 3311 12 _LF 2545 $142.00 _$361,390.00
14 3311.0551 16"DIP Water m 33 11 10 M LF 127 $182.00 __ $23 114.00
15 3311.0542 16"PVC C905 Water Pipe,CSS Backfill V 33 11 12 LF 86 $172 00 _$14,792.00
16 3312.0001 Fire Hydrant(Assembly) _ _ _ 33 12 40 Y v EA_ 8 $5,000.00 _$40,000.00
17 3312.0106 Connection to Existing 16"Water Main _ 33 12 25 EA _ 1 _$4,500.00 $4,500.00
ng 4"-12"Water Main 33 12 25 EA 1 _ $2,500.00 $2,500,00
18 3312.0117 Connection to Existing . ._ ._ _ _.
19 3312.1002 2"Combination Air Valve Assembly for 33 12 30 EA 1 $7,500.00 _$7,5010.00
20 3312.2003 1"Water Service 33 12 10 EA i_100 $1,150.00,� $115,000.00
21 3312.3003 8"Gate Valve 33 12 20 EA ` 12 _$1,500.00 _$18,000.00
22 3312.3005 12"Gate Valve _ 33 12 20 EA _ _ _1.0 _$3 000.00 $301000.00
23 3312.3006 16"Gate Valve w/Vault 33 12 20 EA 4 $24,500.00 $98,000.00,
24 3312.6002 6"Blow Off Valve _ 33 12 60 EA _ 1 $12,500.00 $12,500.00
25_ 9999:0001 Flush Point 00 00 00 i EA 6 _-__,$1,200.00 $7,200.00
26 9999.0002 1"Irrigation Service_ _ 00 00 00� _EA_ 2 _$1,200.00.--$2,400.00
27 9999.0003 Water Testing(Excluding Geotech) 00 00 00_ LF �7035 $1.00 $7 035.00
28 9999.0004 Traffic Control 00 00 60_ _LS W1 _.___,$5,500.00 $.5,500.00
29
30
-30
�32�
33
34
35� _
_36
37
38
39
40
_41
42
43 _
44�
45
TOTAL UNIT I:WATER IMPROVEMENTS $1 310 416.50
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS DEVELOPER AWARDED PROJECTS
Form Revised 20130830 00 42 43_DAY_Bid Proposal Workbook-Landing at Creekside Phi with Conatser Pricing(002).x1s
00 42 43 Util&Pav
B1D PROPOSAL
Page 2 of 5
SECTION 00 42 43
PROPOSALFORM
LANDING AT CREEKSIDE PHASE 1
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Specifcation Unit of Bid
Description Unit Price Bid Value
No, Section No. Measure Quantity
UNIT II:SANITARY SEWER IMPROVEMENT
1 3301.0002 Post-CCTV Inspection 33 0131 LF 42.37 $3.00- $12 711.00
2 3301 0101 Manhole Vacuum Testi
ng 3301 30� EA 18 $150.00 $2 700.00
— � _
_3_ 3305 0109 Trench Safety _ T 33 05 10 _LF —4237 $2,00 i,i$8 474.00
4— 3305 0113 Trench Water Stops _—� 33 05 15 _EA_ 11 $25Q00„__ n$2 750.00
5 3331 3101 4"Sewer Service _ 3331 50_ —EA 102 $850 00 $86,700.00
—6_ 3331.4115 8 Sewer Pipe(SDR-26,ASTM D3034) 3311 10,— LF A 3853 _$68.00 —$262,004.00
3331.4116 8"Sewer Pipe,CSS Backfill(SDR-26,ASTM 3311 10,
D3034) 3331 12,
7 3331 20, LF
33 05 10
(MOD).. ____.384 __—__$92.00 $35,328.00
8 3339.0001 Epoxy Manhole Liner _ _ 33 39 60— —VF 39—____-$425.00 _$16,575.00
9 3339 1001 4 Manhole _ _ _ — _ _ 333910,— y EA. 13 $5,000.00 $65,000.00
10 3339.1002 4'Drop Manhole— _— 33 39 10,_ EA 1 $6,000.00
�11— 3339 1003 4'Extra Depth Manhole _ 33 39 10,� VF _62.5 $235.00 i$14,687.50
12 9999.0005 4'Manhole w/Bolt Down Lid&Water Tight 33 39 10,
Gasket_ 33 39.20�, . EA
,„ 1 — $7,500.00 — _$ ,500.00
13 9999.0006 4 Manhole w/Hydraulic Slide _ _v 33 39 10,— EA 3 $6,500.00 ^__$19,500.00
4 9999 0007 Connection to Existing Manhole 33 39 10,— EA 1 $4,500 00 $4,500.00
15
16
—16— —
�18-
1s_
—_20 2 —
21
—
—23�
24—
25
26
—.26—
— —
�28
29_
30
�31�
32._— - -
__2 -
33
�34�
�35�
36 —
37
38 _
39
40
TOTAL UNIT II:SANITARY SEWER IMPROVEMENTS $544,429.50
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS DEVELOPER AWARDED PROJECTS
Form Revised 20130830 00 42 43_DAP_Bid Proposal Workbook-Landing at Creekside Phl with Conatser Pricing(002).xls
00 42 43 Util&Pav
BID PROPOSAL
Page 3 of 5
SECTION 00 42 43
PROPOSALFORM
LANDING AT CREEKSIDE PHASE 1
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Specification Unit of Bid Unit Price Bid Value
No. Description Section No. Measure Quantity
UNIT III: DRAINAGE IMPROVEMENTS
1 3305.0109 Trench Safety 33105 10— —LF 5088 .$2.00 —$10,1,76,00
2 3305.0112 Concrete Collar 33 05 17y _EA_ 3 $750 00 $2,250.00
�3 3341.0201 21"RCP,Class III _ 3341 10 LF �1009 �$70.0.0 ,_ $70,630.00
0205 24
4 3341. , 3341 _ — _ 1448- RCP Class 111 10 LF $80.00 _
5� 3341.0302 30"RCP, Class III _ _ _ 3341 10 ^LF 219 _ .$95.00 _ $$115.840.00
20,805.00.
6 3341 0309 36"RCP,Class I11 _ _W 33 41 10— T LF— _540 _ $13'0.00 $70,200.00
�7_ 3341.0409 48"RCP,Class111 _ 3341 10 _ LF — 647 __ $190.00 __$122,930.00
8 _ 3341.0502 54"RCP,Class III _—�_ _ _— 33 41.10_ LF 283 $240 00 _ __$67,920.00
9 3341.660260"RCP,Class 111 — 3341 10� �LF —537 ___$280.00 _$150,360.00
10 3341 2002 1Ox5 Box Culvert _ 33 41 10— i LF — 405 -___-$950.00 $384,750.00
11 3349 0001 4'Storm Junction Box- —_ 33 49 10— EA_ 8 $6,500 00 $52,000.00
12 3349.0003 6'Storm Junction Box 33 49 10 EA_ 6 _ _$8,500 00 _ $51,000,00
�13_ 33495001 10'Curb Inlet _ _ �— 334920, �EA� 22 �$4,000.00 —$88,000.00
. __—. .. _ 00 _$.31,200
14 3349 6001 10' Recessed Inlet 33 4920 EA 6 $5,200
16 9999.0008 12"Rock Riprap 00 00 00 SY� _2835 $125=00 $354,375.00
17 9999.0009 5-10'x5' PW-S Wingwall _ 00 00 00 EA 2 $80,500.00 _$161,000 00
} 0 EA 1 $7,500.00 $7,500.00
—18 9999.0010 60"4:1 Sloped End Headwall 00 00 0 _ _ _ _ —_ — _
p
_19_ 9999.0011 3'x3'WY Inlet _— 00 00 00 EA 1 �$5,000.00__ _$5,000.00
20 _
,21—.
22�
— — —
23 _
—24 -
_26� _
_..27.— -
28
29
T 30 i
—31 -
�32
—.33. .. _
,_..__.
34
_35�
36'
37
38
39� — - -
40
41_
'-42 - - -
�43.-
44 W_
45
TOTAL UNIT III: DRAINAGE IMPROVEMENTS $1 765 936.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS DEVELOPER AWARDED PROJECTS
Form Revised 20130830 00 42 43_DAP_Bid Proposal Workbook-Landing at Creekside Phi with Conatser Pricing(002).xls
00 42 43 Util&Pav
BID PROPOSAL
Page 4 of 5
SECTION 00 42 43
PROPOSALFORM
LANDING AT CREEKSIDE PHASE 1
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Description Specification Unit of Bid Unit Price Bid Value
No. I Section No. Measure Quantity
UNIT IV: PAVING IMPROVEMENT
0400 Hydrated Lime 3211 29 -TN_ 312 $215.00 _$67,080.00
2 3211.0501 6"Lime Treatment(30#/SY) 3211 29 SY 13786 -_ $3.50 $48,251,00
_ 3- 3211.0502 8"Lime Treatment(36#/SY)- 3211,29 _Sy- 5861 $4.00. .$23,444.00
4 3212.0302 2"Asphaly Pvmt Type D _ _ 321216. SY 155 _ $28.00 - $4,340.00
5 3212.0505 8"Asphalt Base Type B _ _ _ 32 12 16_ -§Y- 155 - $60.00 $9,300.00
6- 3213.0101 6"Conc Pvmt __ 32 13 13- - SY- -12903 _$52.50 -$677,407 50
7 3213.0105 10"Conc Pvmt 33 13 13 `SY 4118 $82.60 4339,735.00
- . --_ __. _ - - _ ._
8 3213.0302 5"Conc Sidewalk -_ _- _ 32 13 20_ -SF �19078 $5 00 $95,390.00
9- 3213 0506 Barrier Free_ Ramp Type P-1 - _ - 32 13 20 _EA_ �16 _$1,,900.00 _ $30,400.00
10 3291 0100 Topsoil.- - 32 13 13 -Cy- 700 $26 00 _$,18,200A0
11 3292 0400 Seeding, Hydromulch _- 32 92 13 -SY� - 4200 - $3 00__ $12,600.00
12 3441.4003 Furnish/Install Alum Sign Ground Mount City 34 41 30 EA
Std. _Name Blades - ....- �_.._-. .__.. 5 $850.00 $4,250.00
13 3441.4003 Furnish/Install Alum Sign Ground Mount City 34 41 30 EA
- Std.-Speed Limit__ 2 $850.00 V$1,700,00
14 3441.4003 Furnish/Install Alum Sign Ground Mount City 34 41 30 EA
Std.-Stop 4 $850.00 __$3,400.00
__.._. . _._._ .._-.. ._- . -. ----__-.._._ ___. ----._ ._ -_—.
15 9999.0012 7.5"Con_c Pvmt 32 13 13 SY- _ 922 $64.50 _$59,469.00
-16_ 9999.0013 Construct Pvmt Header&Barricade 00 00 00 EA __ 8 $1,500.00 $12,000.00
_ __- _ _ EA 2 $1,000.00- $2,090.00.
17Y 9999.0014 Barricade 00 00 00_ _ _ - .
18 9999.0015 Remove Barricade&Connect to Existing 00 00 00 EA 1 $1,000.00 $1,000.00
19 9999.0016 Pedestrian Handrail _ _ 00 00 00- LF 146 _ __$160.00 $23,360.00
20 9999.0017 Traffic Control 3471 13 LS 1 $4,500.00 $4,500.00
21
_ 22-
_._23
24
25
26-
- -
-. -.
27
--28
_._.. . ..
29
30
31
-32�.. _ _ -
_�33
34
35
3 - - -
- - - - -
37
3
_.39.
40
—41-
-42—
TOTAL NIT IV: PAVING IMPROVEMENTS $1 437.826.50
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS DEVELOPER AWARDED PROJECTS
Form Revised 20130830 00 42 43_DAP_Bid Proposal Workbook-Landing at Creekside Phi with Conatser Pricing(002).xis
00 42 43 Util&Pav
BID PROPOSAL
Page 5 of 5
SECTION 00 42 43
PROPOSALFORM
LANDING AT CREEKSIDE PHASE 1
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Description Specification Unit of Bid Unit Price Bid Value
No. I Section No. Measure Quantity
Bid Summary
UNIT I:WATER IMPROVEMENTS $1,310,416.50
UNIT II:SANITARY SEWER IMPROVEMENTS $544,429.50
UNIT III: DRAINAGE IMPROVEMENTS $1,765,936.00
UNIT IV: PAVING IMPROVEMENTS $1,437,826.50
UNIT V:STREET LIGHT IMPROVEMENTS N/A
UNIT VI:TRAFFIC SIGNAL IMPROVEMENTS N/A
Total Construction Bid 1 $5,058,608.50
END OF SECTION
This Bid is submitted by the entity named below:
BIDDER: BY: Brock Hu—His
CONATSER CONSTRUCTION TX,L.P.
5327 WICHITA STREET
FT.WORTH,TX 76119 TITLE: President
DATE:
Contractor agrees to complete WORK for FINAL ACCEPTANCE within 220 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 Revised 20130830 00 42 43_DAP_Bid Proposal Workbook-Landing at Creekside Phl with Conatser Pricing(002).x1s
00 42 43 Street Lights
BID PROPOSAL
Pagel of 2
SECTION 00 42 43
PROPOSAL FORM
LANDING AT CREEKSIDE PHASE 1
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item 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 SCH 80(T) — 26 05 33_ —LF _3464 16.00 _,$55,424.00
2 3441.1632 Install Type 33A Arm 34 41 20 —EA— 6 400.00_ $2,400.00
_3 3441 1633InstallType33BArm. 3441 20_ —EA— 24 500.00 —$12,000,00
4— 3441.3301 Rdwy Illum Foundation TY 1,2, and 4 _ 3441 20— W EA_ 24 — 1,200;00 �$28,800 00
5 — 3441.3302 Rdwy Illum Foundation TY 3 5 6 and 8 3441 20— —EA— 6. 1,500.00_ $9,,000.00
6 3441.3341 Rdwy Ilium TY 11 Pole — _—� _ 3441 20_ —EA— M 24 _Y_,3,000.00 __$72,000.00
7 3441.3342 Rdwy Illum TY 18 Pole __ 34 41 20— _EA— 6 _ 3,400.00 Y $20,400.00
8 9999 0016 Type R2 Luminaires v _—_ 00 00 00— —EA— 29 --$950.00 — $27,550.00
9 9999.0017 Type R4 Luminaire `— �— 00 00 00_ —EA— 1 $900 00 _ _ $900.00
10 _
11
12�
_.1.3
1 .
^
15 _ —
16 _
_178
.1 —
1 �`
� -
_20--
-..2.1
- -22
—23-
-24—
—255
--2 —
-
- 2 —
7
r 28
..—29—
30— _
--31-
-32-
-32v
�34
—35
�36—
�37— _
�38
—39_ _
—40
-4
42
43
_44_
45
TOTAL UNIT V:STREET LIGHTING IMPROVEMENTS $228,474.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS DEVELOPER AWARDED PROJECTS
Form Revised 20130830 00 42 43_DAP_Bid Proposal Workbook-Landing at Creekside Phi with Conatser Pricing(002).x1s
00 42 43 Street Lights
BID PROPOSAL
Page 2 of 2
SECTION 00 42 43
PROPOSALFORM
LANDING AT CREEKSIDE PHASE 1
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Specification Unit of Bid
Description Unit Price Bid Value
No. Section No. Measure Quantity
Bid Summary
UNIT I:WATER IMPROVEMENTS N/A
UNIT II:SANITARY SEWER IMPROVEMENTS N/A
UNIT III:SANITARY SEWER IMPROVEMENTS N/A
UNIT IV:SANITARY SEWER IMPROVEMENTS N/A
UNIT V:STREET LIGHTING IMPROVEMENTS $228,474.00
UNIT VI:TRAFFIC SIGNAL IMPROVEMENTS N/A
Total Construction Bid $228,474.00
END OF SECTION
This Bid is submitted by the entity named below:
BIDDER: BY: Brock Huggins
CONATSER CONSTRUCTION TX,L.P.
5327 WICHITA STREET
FT.WORTH,TX 76119 TITLE: President
DATE:
Contractor agrees to complete WORK for FINAL ACCEPTANCE within 40 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 Revised 20130830 00 42 43_DAP_Bid Proposal Workbook-Landing at Creekside Ph I with Conatser Pricing(002).xls
9/29/22, 10:33 AM M&C Review
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA Foy Wow
Create New From This M&C
DATE: 8/23/2022 REFERENCE**M&C 22- LOG NAME: 60LANDING AT CREEKSIDE WATER
NO.: 0649 LINE OVERSIZING
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (CD 7) Authorize Execution of a Community Facilities Agreement with Lennar Homes of
Texas Land and Construction, LTD., with City Participation in the Amount Not to Exceed
$222,866.92 for Oversizing a 12-Inch Water Main to a 16-Inch Water Main and an 8-inch
Water Main to a 12-inch Water Main for Anticipated Future Growth in North Fort Worth
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a Community Facilities Agreement
with Lennar Homes of Texas Land and Construction, LTD., with City participation in an amount not to
exceed $222,866.92 for oversizing a 12-inch water main to a 16-inch water main and 8-inch water
main to a 12-inch water main for anticipated future growth in north Fort Worth.
DISCUSSION:
Lennar Homes of Texas Land and Construction, LTD., (Developer) is constructing Landing at
Creekside Phase 1(Development) west of Old Decatur Road and south of W J Boaz Road. The Water
Department is seeking to participate in the project to oversize the offsite water line from a 12-inch
water main to a 16-inch water main and the onsite water main from an 8-inch to 12-inch water main.
The Landing at Creekside Phase 1 project is assigned City Project No. 103525 and Accela System
Record I PRC21-0123.
In accordance with Chapter 212, Subchapter C of the Texas Local Government Code, the City's
participation in the contract is exempt from competitive bidding requirements because the contract is
for oversizing public improvements being constructed by the Developer, the Developer will execute a
performance bond to cover the total project cost, including all of the City's cost participation, and the
City's cost participation will be determined in accordance with the City's community facilities
agreement (CFA) unit price ordinance.
The City's cost participation in the construction and oversizing of the water mains is estimated to be in
an amount not to exceed $222,866.92 as shown in the table below. Payments to the Developer are
estimated to be $206,158.75 for construction costs and $4,123.17 for material testing costs. The City's
cost participation also includes $12,585.00 to cover the City's portion of construction inspection
service fees, administrative material testing service fees, and water lab testing fees. An additional
$41,231.75 in contingency funds will cover the City's portion of any change orders.
A. Public Improvements Developer City Cost Total Cost
Cost
1. Water $660,279.98 $206,158.75 $866,438.73
2. Sewer $430,039.14 $0.00 $430,039.14
Water Contingency 20\% $0.00 $41,231.75 $41,231.75
3. Drainage $1,484,383.38 $0.00 $1,484,383.38
4. Paving $1,092,721.71 $0.00 $1,092,721.71
5. Street Lighting $178,732.56 $0.00 $178,732.56
B. Inspections &Testing
(220)
apps.cfwnet.org/counciI_packet/mc_review.asp?ID=30202&counciIdate=8/23/2022 1/3
9/29/22, 10:33 AM M&C Review
1. Construction
Inspection Fee $59,250.00 $9,500.00 $68,750.00
2. Admin Material Testing
Fee $14,455.00 $2,695.00 $17,150.00
3. Material Testing Cost $0.00 $4,123.17 $4,123.17
4. Water Lab Fee $900.00 $390.00 $1,290.00
Total Project Cost $3,920,761.77 $264,098.67 $4,184,860.44
*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) — Landing at Creekside Phase 1 as depicted in
the table below:
Fund Existing Additional Project Total*
Appropriations Appropriations
Water& Sewer $265,000.00 $0.00 $265,000.00
Bond 2017A— Fund
56011
Project Total $265,000.00 $0.00 $265,000.00
*Numbers rounded for presentation purposes.
Funding is budgeted in the Water Department's Water& Sewer Bond 2017A Fund for the purpose of
funding the CFA- Landing at Creekside Ph 1 project, as appropriated.
BUSINESS EQUITY—A goal is not required under Business Equity Ordinance 25165-10-2021 when
City spending participation on Community Facilities Agreements are less than $1,000,000 dollars.
This development is located in Council District 7.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are currently available in the Water& Sewer Bond 2017A
Fund CFA-Landing at Creekside Ph1 project and upon approval of the above recommendation funds
will be available in the Water& Sewer Bond 2017A Fund CFA-Landing at Creekside 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 ProgramActivity Bud et Reference # Amount
ID I ID I + Year(Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
Submitted for City Manager's Office by_ Dana Burghdoff(8018)
Originating Department Head: Chris Harder (5020)
a pps.cfwnet.o rg/council_packet/mc_review.asp?I D=30202&cou nci Idate=8/23/2022 2/3
9/29/22, 10:33 AM M&C Review
Additional Information Contact: Taylor Gunderman (8369)
ATTACHMENTS
60 CFA Creekside Water Lines FID Table WCF 7.27.22.xlsx (CFW Internal)
60LANDING AT CREEKSIDE WATER LINE OVERSIZING funds availabilitypdf (CFW Internal)
LAC 1295 FORM.pdf (CFW Internal)
OVERALL LANDING AT CREEKSIDE WATER.pdf (Public)
a pps.cfwnet.o rg/council_packet/mc_review.asp?I D=30202&cou nci Idate=8/23/2022 3/3