HomeMy WebLinkAboutContract 58535 Received Date: Dec 7,2022
Received Time: 12:55 p.m.
Developer and Project Information Cover Sheet:
Developer Company Name: Meritage Homes of Texas,LLC
Address, State,Zip Code: 8840 Cypress Waters Blvd,Suite 100 Dallas,Texas 75019
Phone&Email: 972-580-6329 1 David.aughinbaugh@meritagehomes.com
Authorized Signatory,Title: David Aughinbaugh,Division Vice President
Project Name: Chisholm Trail Ranch Sec 3,Ph IA
Brief Description: Water, Sewer,Paving, Storm Drain, Street Lights&Signs
Project Location: Southwest corner of McPherson Blvd and Brewer Blvd
Plat Case Number: PP-21-083 Plat Name: Chisholm Trail Ranch Section 3
Mapsco: 102U Council District: 7
CFA Number: 22-0143 City Project Number: 103826—IPRC22-0055
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
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City Secretary Number: 58535
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 Section 3 Phase 1A("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
$537,991.70 to enlarge the scope of the Improvements beyond what Developer is responsible for
constructing to oversize approximately 1,520 linear feet of an 8-inch water main to a 24-inch water main
and to oversize the 24-inch water main by extending the water main an additional 360 linear feet as
authorized by City Council through approval of M&C 22-0648 on August 23,2022("City Participation");
and
WHEREAS, the City Participation includes reimbursement to the Developer in amounts not to
exceed $490,780.14 for construction costs, $32,561.96 for engineering costs, and $9,815.60 for material
testing costs,and the remaining City Participation in the amount of$4,834.00 will not be paid to Developer,
but will be used by the City to cover the City's portion of administrative material testing services fees,
construction inspection service fees and water laboratory testing fees; 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 of Fort Worth,Texas CITY SECRETARY Page 2
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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:
® Exhibit A: Water
® Exhibit A-1: Wastewater
® Exhibit B: Paving
® Exhibit B-1: Storm Drain
® 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 on or prior to 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 BYANYPERSONS,INCLUDINGDEATH,
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
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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 ERPENSES SUFFERED BY THE CITY OR
CAUSED AS A RESULT OF SAID CONTRACTORS' FAILURE TO COMPLETE THE
WORK AND CONSTRUCT THE IMPROVEMENTS IN A GOOD AND WORKMANLIKE
MANNER, FREE FROM DEFECTS,IN CONFORMANCE WITH THE CFA ORDINANCE,
AND INACCORDANCE WITH ALL PLANS AND SPECIFICATIONS.
13.
Right to Enforce Contracts
Upon completion of all work associated with the construction of the Improvements,Developer will
assign to the City a non-exclusive right to enforce the contracts entered into by Developer with its
contractors,along with an assignment of all warranties given by the contractors,whether express or implied.
Further,Developer agrees that all contracts with any contractor shall include provisions granting to the City
the right to enforce such contracts as an express intended third party beneficiary of such contracts.
14.
Estimated Fees Paid by Developer; Reconciliation
Prior to execution of this Agreement, Developer has paid to the City the estimated cost of
administrative material testing service fees, construction inspection service fees,and water testing lab fees
in the amounts set forth in the Cost Summary section of this Agreement. Upon completion of the
construction of the Improvements, the City will reconcile the actual cost of administrative material testing
service fees, construction inspection service fees, and water testing lab fees with the estimated fees paid
by Developer. If the actual costs of the fees are more than the estimated payments made by the Developer,
the Developer must pay the difference to the City before the Improvements will be accepted by the City. If
the actual costs of the fees are less than the estimated payments made by the Developer,the City will refund
the difference to the Developer.If the difference between the actual costs and the estimated payments made
by the Developer is less than fifty dollars ($50.00),the City will not issue a refund and the Developer will
not be responsible for paying the difference. The financial guarantee will not be released by the City or
returned to the Developer until reconciliation has been completed by the City and any fees owed to the City
have been paid by the Developer.
15.
Material Testing
The City maintains a list of pre-approved material testing laboratories. The Developer must
contract with material testing laboratories on the City's list. Material testing laboratories will provide copies
of all test results directly to the City and the Developer. If the Improvements being constructed fail a test,
the Developer must correct or replace the Improvements until the Improvements pass all retests. The
Developer must pay the material testing laboratories directly for all material testing and retesting. The City
will obtainproof from the material testing laboratories that the material testing laboratories have been
paid in full by the Developer before the City will accept the Improvements.
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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 Meritage Homes of Texas,LLC
City of Fort Worth 8840 Cypress 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
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
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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.
22.
Headings
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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 meaning 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
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.
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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,
LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY DEVELOPER,
DEVELOPER'S EMPLOYEES,SUBCONTRACTORS,AGENTS,OR LICENSEES. City,upon written
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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.
36.
Entire Agreement
This written instrument, together with any attachments, exhibits, and appendices, constitutes the
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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 in amounts not to exceed $490,780.14 for construction
costs, $32,561.96 for engineering costs, and $9,815.60 for material testing costs. The remaining
City Participation in the amount of$4,834.00 will not be paid to Developer,but will be used by the
City to cover the City's portion of administrative material testing services fees, construction
inspection service fees and water laboratory testing fees. The City shall reimburse Developer for
the City Participation after presentation of proper documentation by Developer to the City that the
Improvements have been constructed and accepted by the City, all contractors and material
suppliers have been paid, and the delivery of an invoice. 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:
City Participation Exhibit-Clrecsixing 8"to 24"
Project Item Information-IPRC22-W,CPV 103325 CTR Rater dlaernum Bed Prices CMV 103519 c-ter Unit Prce
Unit of Bid
Item No. D-ipt- "Seasure Quantity Unit Pnce Bid Value Unit Price Bid Value I-c-est Unit Co st
Unit 1A-1Wo City
1 3311 0641 24"PVC C905 Water Pipe LF 361 $210.00 $75,810.00 $360.00 $129,960.00 S75,810.00
2 3305.0109 Trench Safety LF 361 $5.00 $1,80.5 00 $2.00 $722.00 $722.0
3 3312.10044"Air Release VaW EA 1 $22,100.00 $22,100.00 $28,500.00 $28,500.00 $22joaoa
4 3312.0108 Conned to Existing 24"Water Main EA 1 $6,398.22 $6,39822 $6,500.00 $6,500.00 $6,396.22
5 3311.0001 Ductile Iron Water Fittings wl Restraint TUN 0.4 $12,000.00 $4,800.00 $12,500.00 S5,000.00 $4,800.00
6 3201.0127 10'Wide AWlaR Repair,Arterial LF 100 $109.53 $10,953.00 $100.00 $10,000.00 $1o,00o.
7 0241.0100 Remove Sidewalk SF 100 $2.84 $284.00 $2.00 $200.00 $200.00
8 3213.0301 4"Conc Sidewalk SF 100 $5.41 $541.00 $4.00 $400.00 $400.0
9 CSS Backfill(convert from 20 LF) CY 10.9 $87.02 $948.52 $196.00 32,136.40 $946.5
10 3441.3342 Rdwy Illum TY 18 Pole EA 2 $3,329.66 $6,659.32 $2,200.00 $4,400.00 $4,40000
11 3441.1645 TY 33AArm EA 4 $280.00 $1,120.00 $500.00 $2.000.00 $1,120.00
12 3441.3302 Rdwy Illum RAM TY 3 EA 2 $1,129.98 $2,259.96 $1,500.00 $3,000.00 $2,259.96
$129.158.70
Unit 1 B-92.1%City;7.9%Dev
3311.0001 Ductile Iron Water Fittings wl Restraint TON 2.7 $12,000.00 $32,400.00 $12,500.00 $33,750.00 S32,400.00 k32
3305.0109 Trench Safety LF 1520 $5.00 $7,600.00 $2A0 $3,040 .00.00 $3,040
3311.064124"PVC C905 Water Pipe LF1520 5210.00 $319,200.00 $360.00 $547,200.00 $319,200.00
3312.3008 24"Gate Valve wl Vault EA 1 $38,000.00 $38,000.00 $59,500.00 $59,500.00 $38,000.00
$392 640.06
City Developer
CFA 2019 Unit Price-bold Construction Total-1A S129,158.70 $129,158.70
Construction Total-1B $392,640A0 5361.621.44 S 31,018.56
iry Farlicipallon Construction nount:
(b) 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 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.
(c) In the event no funds or insufficient funds are appropriated and budgeted or are otherwise
unavailable by any means whatsoever in any fiscal period for payments due under this Agreement,
then the City will immediately notify Developer of such occurrence and this Agreement shall be
terminated on the last day of the fiscal period for which appropriations were received without
City of Fort Worth,Texas Page 13
Standard Community Facilities Agreement with City Participation
Rev.4/2/20
4853-3430-2016,v. 1
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.
Minority Business Enterprise Compliance
The City's Diversity and Inclusion Department has determined that a Minority Business Enterprises
(MBE)/Small Business Enterprises(SBE)goal is not required for this Agreement.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
City of Fort Worth,Texas Page 14
Standard Community Facilities Agreement with City Participation
Rev.4/2/20
4853-3430-2016,v. 1
39.
Cost Summary Sheet
Project Name:
CFA No. 22-0143 IPRC No.22-0055 City Project No.: 103826
Items Developer's Cost City's Cost Total Cost
A. Water and Sewer Construction
1. Water Construction $ 1,068,363.86 $ 490,780.14 $ 1,559,144.00
2.Sewer Construction $ 1,247,645.00 $ - $ 1,247,645.00
Water and Sewer Construction Total $ 2,316,008.86 $ 490,780.14 $ 2,806,789.00
B. TPW Construction
1.Street $ 1,931,367.50 $ - $ 1,931,367.50
2.Storm Drain $ 2,317,619.00 $ - $ 2,317,619.00
3.Street Lights Installed by Developer $ 193,450.00 $ - $ 193,450.00
TPW Construction Cost Total $ 4,442,436.50 $ - $ 4,442,436.50
Total Construction Cost(excluding the fees): $ 6,758,445.36 $ 490,780.14 $ 7,249,225.50
Estimated Construction Fees:
r
C. Construction Inspection Service Fee $ 74,500.00 $ 3,750.00 $ 78,250.00
r
D. Administrative Material Testing Service Fee $ 23,226.00 $ 784.00 $ 24,010.00
r
E. Water Testing Lab Fee $ 1,740.00 $ 300.00 $ 2,040.00
F. Material Testing Cost $ - $ 9,815.60 $ 9,815.60
G. Design Services Cost $ 2,793.04 $ 32,561.96 $ 35,355.00
Total Estimated Construction Fees: $ 102,259.04 $ 47,211.56 $ 149,470.60
TOTAL PROJECT COST $ 6,860,704.40 $ 537,991.70 $ 7,398,696.10
Choice
Financial Guarantee Options,choose one Amount Mark one
Bond=100% $ 7,249,225.50 X
Completion Agreement= 100%/Holds Plat $ 7,249,225.50
Cash Escrow Water/Sanitary Sewer=125% $ 3,508,486.25
Cash Escrow Paving/Storm Drain=125% $ 5,553,045.63
Letter of Credit= 125% $ 9,061,531.88
City of Fort Worth,Texas Page 15
Standard Community Facilities Agreement with City Participation
Rev.4/2/20
4853-3430-2016,v. 1
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(Dec 5,20 0:57 CST)
Dana Burghdoff 2=E44(
Assistant City Manager By.David Aughinb gh(Dec 2,2022 08:17 CST)
Name: David Aughinbaugh
Date: Dec 5,2022 Title: Division Vice President
Recommended by: Date: Dec 2,2022
Dwayne Hollars(Dec 2,2022 08:41 CST)
Dwayne Hollars
Contract Compliance Specialist
Development Services Department
Approved as to Form &Legality:
4K2,,
Richard A.McCracken(Dec 2,202210:27 CST)
Richard A.McCracken
Sr.Assistant City Attorney Contract Compliance Manager:
aq�FORT� By signing, I acknowledge that I am the person
M&C No. 22-0648 O(t°°°°°°°°°°
�41 responsible for the monitoring and
Date: 8/23/22 j►o o���d administration of this contract,including
Ij~ °'I d ensuring all performance and reporting
Form 1295: 2022-862962 P j° °_
°
0 o o requirements.
° o �
ATTEST: d °°�°°°°°°5°�� Rebecca Diane Owen
��EXAd4 Rebecca Diane Owen(Dec 2,2022 10:19 CST)
Rebecca Diane Owen
Jannette S.Goodall(Dec 5,202213:05 CST)
Development Manager
Jannette Goodall
City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
City of Fort Worth,Texas Page 16
Standard Community Facilities Agreement with City Participation
Rev.4/2/20
4853-3430-2016,v. 1
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
® Location Map
® Exhibit A: Water Improvements
® Exhibit A-1: Wastewater Improvements
® Exhibit B: Paving Improvements
® Exhibit B-1: Storm Drain Improvements
® Exhibit C: Street Lights and Signs Improvements
® Cost Estimates
(Remainder of Page Intentionally Left Blank)
City of Fort Worth,Texas Page 17
Standard Community Facilities Agreement
Rev.
4853-3430-2016,v. 1
ATTACIEMENT"1"
Changes to Standard Community Facilities Agreement
City Project No. 103826
None
City of Fort Worth,Texas Page 18
Standard Community Facilities Agreement
Rev.
4853-3430-2016,v. 1
ATTACHMENT "2"
Phased CFA Provision
City Project No. 103826
The improvements being constructed by Developer pursuant to this Agreement will
connect to improvements Developer is constructing under a separate Community Facilities
Agreement (City Secretary Contract Number 58086, City Project Number 103610) that have not
been completed and accepted by the City. Therefore,this Agreement shall be considered a"Phased
CFA" and the provisions contained in this Attachment 2 shall apply to this Agreement.
The improvements being constructed by Developer under the separate Community
Facilities Agreement shall be defined as the "Parent Project." The improvements being
constructed by Developer under this Agreement shall be defined as the "Child Project."
Developer acknowledges and agrees that due to Developer's election to construct a Phased
CFA, the potential exists for technical, delivery, acceptance or performance problems (hereinafter
"Construction Problems"). Construction Problems may include, but are not limited to: failure of
the improvements to comply with the approved plans or City Specifications; failure of the
improvements in the Parent Project and the Child Project to properly connect to each other;
changes to the design or construction of the improvements in the Parent Project that impact the
design and construction of the improvements in the Child Project; construction delays, delay
claims, or claims for liquidated damages; increased costs for the Developer; failure of the
improvements to pass inspection or material testing; or rejection by the City of some or all of the
improvements and Developer having to remove and reconstruct the improvements at Developer's
expense. In addition, Developer understands and agrees that disputes may arise between
Developer's contractors or their subcontractors relating to responsibility for the Construction
Problems. Developer shall be solely responsible for resolving disputes between contractors or
disputes between contractors and subcontractors.
Developer further acknowledges and agrees that Developer has notified all of Developer's
contractors for the Project that Developer has elected to construct a Phased CFA, the provisions
of this section, the risks associated with a Phased CFA, and that the City shall not bear any
responsibility for Developer's decision to proceed with a Phased CFA.
Developer shall not make the final connection of the improvements in the Child Project to
the improvements in the Parent Project until the improvements in the Parent Project have been
constructed and accepted by the City and the City has consented to Developer making the
connection.
Developer agrees the City will not record the plat related to the Project or accept the
Improvements in this Agreement until the Improvements in this Agreement are constructed and
City of Fort Worth,Texas Page 19
Standard Community Facilities Agreement
Rev.
4853-3430-2016,v. 1
accepted by the City and the improvements in the Parent Project are constructed and accepted by
the City. Developer agrees that if this Agreement is for improvements relating to the construction,
renovation or modification of one or more commercial buildings or structures,the Developer shall
not receive a Certificate of Occupancy from the City for the building(s)related to the Project until
the improvements in this Agreement are constructed and accepted by the City. Developer further
understands and agrees that completion of the improvements under this Agreement does not entitle
Developer to obtain a final plat of the property until all other requirements of Federal law, State
law,or the City Code relating to the filing and recording of a final plat have been met by Developer.
BY CHOOSING TO CONSTRUCT A PHASED CIA, DEVELOPER ASSUMES
ALL RISKS AND DEVELOPER SHALL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY AND ALL
ECONOMICDAMA GES PROPERTYLOSS,PROPERTYDAMAGESANDPERSONAL
INJURY, (INCL UDING DEATH OFANYKIND OR CHARACTER, WHETHER REAL
OR ASSERTED. DEVELOPER HEREBYEXPRESSLYRELEASESAND DISCHARGES
CITY FROM ANY AND ALL LIABILITY FOR DAMAGES, INCLUDING, BUT NOT
LIMITED TOANYANDALL ECONOMICDAMAGES,PROPERTYLOSS,PROPERTY
DAMAGE AND PERSONAL INJURY(INCL UDING DEATH ARISING OUT OF OR IN
CONNECTION WITH,DIRECTLY OR INDIRECTLY, THE CONSTRUCTION OF THE
IMPROVEMENTS OR DEVELOPER'S DECISION TO CONSTRUCT A PHASED CIA.
DEVELOPER,AT ITS SOLE COSTAND EXPENSE,AGREES TO AND DOES HEREBY
INDEMNIFY, DEFEND PROTECT, AND HOLD HARMLESS CITY, AND CITY'S
OFFICERS, REPRESENTATIVES, AGENTS, EMPLOYEES, AND SERVANTS FOR,
FROMANO A GAINSTANYAND ALL CLAIMS(WHETHER ATLA W OR INEQUITI9,
LIABILITIES, DAMAGES (INCLUDING ANY AND ALL ECONOMIC DAMAGES,
PROPERTYLOSS, PROPERTYDAIVIAGES AND PERSONAL INJURIES INCLUDING
DEATH LOSSES, LIENS, CAUSES OF ACTION, SUITS, JUDGMENTS AND
EXPENSES (INCLUDING, BUT NOT LIMITED TO, COURT COSTS, ATTORNEYS'
FEES AND COSTS OF INVESTIGATION), OF ANY NATURE, KIND OR
DESCRIPTION ARISING OR ALLEGED TO ARISE BY OR IN ANY WAYRELATED
TO CONSTRUCTION OF THE IMPROVEMENTS OR DEVELOPER'S CHOICE TO
CONSTRUCT A PHASED CIA, OR (2) BY REASON OF ANY OTHER CLAIM
WHATSOEVER OF ANY PERSON OR PARTY OCCASIONED OR ALLEGED TO BE
OCCASIONED IN WHOLE OR IN PART BY THE CONSTRUCTIONS OF THE
IMPROVEMENTS OR DEVELOPER'S CHOICE TO CONSTRUCT A PHASED CIA
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.
City of Fort Worth,Texas Page 20
Standard Community Facilities Agreement
Rev.
4853-3430-2016,v. 1
DEVELOPER:
MERITAGE HOMES OF TEXAS, LLC,
an Arizona limited liability company
David Aughinb h(DeC2,202208:17 CST)
Name: David Aughinbaugh
Title: Division Vice President
City of Fort Worth,Texas Page 21
Standard Community Facilities Agreement
Rev.
4853-3430-2016,v. 1
ATTACHMENT "3"
Concurrent CFA Provision
City Project No. 103826
The improvements being constructed by Developer pursuant to this Agreement will
connect to improvements being constructed by Bloomfield Homes L.P. under a separate
Community Facilities Agreement, City Secretary Contract No. 55738 (hereinafter the "Separate
CFA"). Developer has requested and the City has agreed to allow Developer to begin the
construction of the improvements contained in this Agreement before the improvements being
constructed under City Secretary Contract No. 55738 are completed and accepted by the City.
Therefore, this Agreement shall be considered a "Concurrent CFA" and the provision contained
in this Attachment 3 shall apply to this Agreement.
The improvements being constructed under the Separate CFA shall be defined as the
"Primary Project." The improvements being constructed by Developer under this Agreement shall
be defined as the "Secondary Project."
Developer acknowledges and agrees that due to Developer's election to construct a
Concurrent CFA, the potential exists for technical, delivery, acceptance or performance problems
(hereinafter "Construction Problems"). Construction Problems may include, but are not limited
to: failure of the improvements to comply with the approved plans or City Specifications; failure
of the improvements in the Primary Project and the Secondary Project to properly connect to each
other;changes to the design or construction of the improvements in the Primary Project that impact
the design and construction of the improvements in the Secondary Project; construction delays,
delay claims, or claims for liquidated damages; increased costs for the Developer or the developer
of the Primary Project; failure of the improvements to pass inspection or material testing; or
rejection by the City of some or all of the improvements and Developer or the developer of the
Primary Project having to remove and reconstruct the improvements at the expense of Developer,
developer of the Primary Project, or both. In addition, Developer understands and agrees that
disputes may arise between the contractors or subcontractors for the Primary Project and the
contractors or subcontractors for the Secondary Project relating to responsibility for the
Construction Problems. Developer shall be solely responsible for resolving disputes between
contractors, disputes between contractors and subcontractors and disputes between Developer and
the developer of the Primary Project.
Developer acknowledges and certifies that Developer has entered into a written agreement
with the developer of the Primary Project and said agreement: (1) provides Developer with any
access needed through property owned by the developer of the Primary Project; (2)that Developer
and the developer of the Primary Project shall resolve all disputes regarding the design and
construction of the Primary Project and the Secondary Project;and(3)the developer of the Primary
Project will notify Developer of any all changes to the design or construction of the improvements
in the Primary Project, including any field changes.
City of Fort Worth,Texas Page 22
Standard Community Facilities Agreement
Rev.
4853-3430-2016,v. 1
Developer further acknowledges and agrees that Developer has notified all of Developer's
contractors for the Project that Developer has elected to construct a Concurrent CFA, the
provisions of this Attachment, the risks associated with a Concurrent CFA, and that the City shall
not bear any responsibility for construction of the improvements or Developer's decision to
proceed with a Concurrent CFA.
Developer shall not make the final connection of the improvements in the Secondary
Project to the improvements in the Primary Project until the improvements in the Primary Project
have been constructed and accepted by the City and the City has consented to Developer making
the connection.
Developer agrees that if this Agreement is for improvements relating to the construction,
renovation or modification of one or more single family residential homes or structures, the City
will not record the plat related to the Project until the improvements are constructed and accepted
by the City. Developer agrees that if this Agreement is for improvements relating to the
construction, renovation or modification of one or more commercial buildings or structures, the
Developer shall not receive a Certificate of Occupancy from the City for the building(s)related to
the Project until the improvements in this Agreement are constructed and accepted by the City.
Developer further understands and agrees that completion of the improvements under this
Agreement does not entitle Developer to obtain a final plat of the property until all other
requirements of Federal law, State law, or the City Code relating to the filing and recording of a
final plat have been met by Developer.
BY CHOOSING TO CONSTRUCT A CONCURRENT CFA, DEVELOPER
ASSUMES ALL RISKS AND DEVELOPER SHALL BE LIABLE AND RESPONSIBLE
FOR ANYANDALL DAMAGES,INCL UDINGBUTNOTLIIVIITED TO,ANYAND ALL
ECONOMICDAIVIAGES,PROPERTYLOSS,PROPERTYDAIVIAGESANDPERSONAL
INJURY(INCL UDING DEATH OFANYKIND OR CHARACTER, WHETHER REAL
OR ASSERTED. DEVELOPER HEREBYEXPRESSLYRELEASESAND DISCHARGES
CITY FROM ANY AND ALL LIABILITY FOR DAMAGES, INCLUDING, BUT NOT
LIMITED TO, ANY AND ALL ECONOMIC DAMAGES, PROPERTY LOSS,
PROPERTY DAMAGE AND PERSONAL INJURY (INCLUDING DEATH) ARISING
OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE
CONSTRUCTION OF THE IMPROVEMENTS OR DEVELOPER'S DECISION TO
CONSTRUCT A CONCURRENT CFA. DEVELOPER, AT ITS SOLE COST AND
EXPENSE,AGREES TO AND DOES HEREBYINDEMNIFY,DEFEND,PROTECT,AND
HOLD HARMLESS CITY, AND CITY'S OFFICERS, REPRESENTATIVES, AGENTS,
EMPLOYEES,AND SER VANTS FOR,FROMAND A GAINST ANYAND ALL CLAIMS
(WHETHER AT LA W OR INEQUITI9, LIABILITIES, DAMAGES(INCLUDING ANY
AND ALL ECONOMIC DAMAGES, PROPERTY LOSS, PROPERTY DAMAGES AND
PERSONAL INJURIES INCL UDING DEA TH),LOSSES,LIENS, CAUSES OFACTION,
SUITS,JUDGMENTS AND EXPENSES(INCLUDING,BUTNOTLDHTED TO, COURT
COSTS, ATTORNEYS'FEES AND COSTS OF INVESTIGATION), OF ANY NATURE,
KIND OR DESCRIPTION ARISING OR ALLEGED TO ARISE BY OR IN ANY WAY
RELEATED TO CONSTRUCTION OF THE IMPROVEMENTS OR DEVELOPER'S
City of Fort Worth,Texas Page 23
Standard Community Facilities Agreement
Rev.
4853-3430-2016,v. 1
CHOICE TO CONSTRUCT A CONCURRENT CFA, OR (2) BY REASON OF ANY
OTHER CLAIM WHATSOEVER OF ANY PERSON OR PARTY OCCASIONED OR
ALLEGED TO BE OCCASIONED IN WHOLE OR IMPART BY THE CONSTRUCTION
OF THE IMPROVEMENTS OR DEVELOPER'S CHOICE TO CONSTRUCT A
CONCURRENT CFA, WHETHER OR NOT SUCH INJURIES, DEATH OR DAMAGES
ARE CA USED, IN WHOLE OR IMPART, BY THE ALLEGED NEGLIGENCE OF THE
CITY OFFORT WORTH,ITS OFFICERS, SERVANTS OR EMPLOYEES.
By signing below, Developer certifies that all statements contained in this Attachment"3"
Concurrent CFA Provision are true and correct.
DEVELOPER:
MERITAGE HOMES OF TEXAS, LLC,
an Arizona limited liability company
David Aughinh h(Dec 2,2022 08:17 CST)
Name: David Aughinbaugh
Title: Division Vice President
City of Fort Worth,Texas Page 24
Standard Community Facilities Agreement
Rev.
4853-3430-2016,v. 1
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Chisholm Trail Ranch Phase 1 A 00 42 43 Utilities and Paving
CPN 103826 DAP-BID PROPOSAL
Page I of 10
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Specification Unit of Bid
No. Description Section No. Measure Quantity Unit Price Bid Value
UNIT I:WATER IMPROVEMENT
1 3305.0003 8"Waterline Lowering 33 05 12 EA 9 $1,800.00 $16,200.00
2 3305.0109 Trench Safety 33 05 10 LF 6366 $1.00 $6,366.00
3— 3311.0001 Ductile Iron Water Fittings w/Restraint_ _ 3311 11_ :TON .4— $6 500.00 _ $26 000.00
4—3311i0261 8"PPVC Water Pipe -_� 3311 12 LF— _6366_ _—$48.00 $305,,568.00
5 3312.0001 Install Fire Hydrant 33 12 40 EA 14 $4,800.00 $67,200.00
_6_ 3312.200_3 1"WaterService —�A-- 331210 EA 150— $1,100.00 ._.$165,000.00
7 3312.3003f8"Gate Valve _ 331220— —EA 31 $1,450.00 $44,950.00
—8— 3312.0117 Connection to Existing 4"-12"Water Main 33 12 25 EA 3 $4,500.00 $.13,500.00
-. _ _ —_..-... - -- .— - -
9 3312.3105 12"Cut-in-Gate Valve 33 12 20 EA 2 $4,500.00 $9,000.00
10 3110.0101 Site Clearing 31 1000 LS 1 $5,500.00 $5,500.00
11 3305.0110 Utility Markers - —_ 33 05 26 LS 1 $4v500.00 $4,500.00
12
�14
- 15- -
—16_ —...
18
19
20 223
21
—
-
-24 ----
25._ -
-26— --
__ 27—
28— — -- -
-29 - -- --
30
-31
- 32 ---- -
33_
34
.35— — -- — -
36
37
38
39
40
41
42
43
44
45
TOTAL UNIT I:WATER IMPROVEMENTS $663,784.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version May 22,2019 DAP Form with Conaster Prices for 24in PVC Extended.xls
Chisholm Trail Ranch Phase IA 00 42 43 Utilities and Paving
CPN 103826 DAP-BID PROPOSAL
Page 2 of 10
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Description Specification Unit of Bid
Unit Price Bid Value
No. Section No. Measure Quantity
UNIT IB:BREWER BLVD WATER IMPROVEMENTS{CITY COST PARTICIPATION)
1 3311.0261 8"PVC Water Pipe 3311 12 LF 55.00 $-52.00 $2,860.00
2 3312.3003 8"Gate Valve 33 12 20 EA 2 $1,450.00 $2,900.00
3311.0664 24"PVC C905 Water Pipe(Restrained 3311 12
3 Joints) LF 1840.00 $360.00 $662,400.00
4 3312.3008 24"Gate Valve w/Vault 33 12 20 EA 1 $59,500.00 $59,500.00
5 3311.0001 Ductile Iron Water Fittings w/Restraint 3311 11 TON 3.500 $12,500.00 $43,750.00
6 3312.1003 4"Combination-Air Valve Assernbl for Water y . _ater 331230- 1 EA 1 $28,500.00 $28,500.00
7 326.6127 10'Wide Asphalt Repair,Arterial 3201 17 LF 100 $100.00 $10 000.00
8 0241.0100 Remove Sidewalk 0241 15 SF 100 $2.00 $200.00
9 3213.0301 4"Conc Sidewalk 32 13 20 SF 100 $4.00 $400.00
10 3312.0108 Connection to Existing_ 24"Water Main 33 12 25 EA 1 $6,500.00 $6,500.00
11 3312.0001 Fire H Brant 3312 4_0- _EA- 2 _800.00 $9,6_00.00
�12-3305.0109 Trench Safety 33 05 10 LF 1895.00 $2.00 $3,790.00
13 3305.1202 20"Casing By Other than Open Cut 33 65 26 LF 80.00 $520.00 $41,600.00
14 3305.2002 8"Water Carrier Pipe 3311 12 LF 80.00 $62.00 $4,960.00
3311.0665 24"PVC C905 Water Pipe,CSS Backfill 33 11 11
15 (Restrained Joints) LF 40.00 $460.00 $18,400.00
16
17
18�
19!
20
21 -
22 ---
23 -
24
25 -
26
27
28
29
30
31
33
34
35 _
36
37
38
40
41
42
43
TOTAL UNIT IB: BREWER BLVD WATER IMPROVEMENTS $895,360.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version May 22,2019 DAP Form with ConWer Prices for 24in PVC Extended.As
Chisholm"frail Ranch Phase 1 A 00 42 43 Utilities and Paving
CPN IO382G DAP-BID PROPOSAL
Page 3 of]0
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Specification Unit of Bid
No. Description Section No. Measure Quantity Unit Price Bid Value
UNIT II:SANITARY SEWER IMPROVEMENTS
1 3301.0002 Post-CCTV Inspection 000000 LF 9284.00 $3.00 $27,852.00
2 3301.0101 Manhole Vacuum Testing 3301 30 EA 52.00 $150.00 $.7,800.00
3 3305.0109 Trench Safety 33 05 10 LF 9284.00 $2.00 _$18.568.00
4 3339.1001 4'Drop Manhole_ - 33 39 10, EA 4.00 _ $6,000.00 $24,000.00
5 3339.1001 4'Manhole 33 39 16, EA 47.00 $5,000.00 $235,000.00
6 3339.0001 Epoxy Manhole Liner 33 39 60 VF 148.00 - $445.00 _.$65 860,00
7 3305.0112_Concrete Collar LL T 33 05 17_ EA 5.00_ - $750.00 __$_3,750.00
8 3331.4115 8"Sewer Pipe(SDR-26,ASTM D3034) 33 31 20 LF 9284.00 $60.00 $557,040.00
9 3331.4116 8"Sewer Pipe,CSS Backfill 333120 20 LF 850.00 $70.00 $59,500.00
r _ 333150
-. - -- _ .
10 3331.3101 4"Sewer Service 33 31 50 EA 218.00 $850.00 $185 300 00
11 3305.0113 Trench Water Stops 33 05 15 EA 24.00 $300.00 $7,200.00
-12 3339.1003 4'Extra Depth Manhole 33 39 10, VF 155.00 $205.00 $31,775.00
13 9999.0003 Hydraulic Slide 99 99 02 EA 7.00 $2,500.00 $17,500.00
16 9999.0004 4'Manhole with Bolt Down Lid 99 99 03 EA 1.00 $6,500.00 $6,500.00
15
16
17
18
19
_20_ -
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41 _
42
43
TOTAL UNIT II:SANITARY SEWER IMPROVEMENTS $1,247,645.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version May 22.2019 DAP Form with Conaster Prices for 24m PVC Extended.xis
Chisholm Trail Ranch Phase 1 A 00 42 43 Utilities and Paving
CPN 103826 DAP-BID PROPOSAL
Page 4 of 10
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Specification Unit of Bid
No. Description Section No. I Measure Quantity Unit Price Bid Value
UNIT III:DRAINAGE IMPROVEMENTS
1 3349.5001 10'Curb Inlet _ _ 33 49 20 EA 11 $3,600.00 $39,600.00
2 3341.0201 21"RCP,Class III 3341 10 LF 513 $68.00 $34,884.00
3 3341.0205 24"RCP,Class 1 11 3341 10 LF 1882 $73.00 $137,386.00
4 3341.0302 30"RCP,Class 111 33 41 10 LF 662 $88.00 $58,256.00
5 3341.0309 36"RCP,Class III 3341 10 LF 39 $115.00 $4,485.00
6 3341.0409 48"RCP,Class III 3341 10 LF 1140 $185.00 $210,900.00
7 3341.0502 54"RCP,_Class 111 3341 10 LF_ 94 $245.00 $23,030.00
8 3341.1103 44 Box Culvert 3341 10- LF 876 $265.00 $232,140.00
9 3341.1032 5x5 Box Culvert- - 33 41 10 LF_ 1181 $335.00 $395,635.00
10 3341.1403 7x5x C Boulvert 33 41 10 LF 546 $490.00 $267,540.00
11 3341.1502 8x5 Box Culvert 3341 10 LF 418 $530.00 $221,540.00
12 3305.0109 Trench Safety 33 05 10 LF 7351 $1.00 $7,351.00
13 3349.0001 4'Storm Junction Box. 33491_0 _EA 5 _.$6,500.00 ,$32,500.00
3349.0002 5'Storm Junction Box 334910 EAa 4 $7,500.00 $301000.00
15 3349.0003 6'Storm Junction Box 33 4910 EA 2 $9,500.00 $19,000.00
16 3349.0004 7'Storm Junction Box 33 49 10 EA 1 $12,500.00 $12,500.00
17 3349.0103 5'Manhole Riser 334910 EA 7
_--..... _._:.. .-� $6,500.00 $45,500.00
18 3349.7001 4'Drop Inlet 33 49 20 EA 5 $6'000.00 $30,000.00
_ - _ ._ - - _ .. ......-
19_ 9999.0003 12"Rock Ripkap - _ __ 99 99 03 _SY_ ^297 _ .�$115.00 -$34,_155.00
20 8999.0004 TXDOT TYPE FW-S 8'X5'WINGWALL 99 99 04 EA 1 $12,500.00 $12,500.00
21 9999.0605 MOT TYPE FW-S 5'X5'WINGWALL 999905 EA 1 $9,500.00 $9,500.00
TXD TY 22 9999.0006 OT PE FW-S 4'X4'WINGWALL 99 99 06 EA 1 $8,500.00 $8,500.00
23 3349.5002 15'Curb Inlet 33 49 20 EA 3 $4,600.00 $13,800.00
24 3349.5003 20'Curb Inlet 33 49 20 EA 6 $6,000.00 $36,000.00
25 3341.2207 12X10 BOX CUVLERT 33.41 10 LF 118 $1,400.00 $165,200.00
26 9999.007 TXDOT TYPE FW-S 2-12'X10''WINGWALL 99 99 07 EA 2 $74,500.00 $149,000.00
27 3349.7002 5'Drop Inlet 33 49 20 EA 1 $7,500.00 $7,500.00
28 3349.301.2 54"Straight Headwall 33 49 40 EA 1 $6,500.00 $6,500.00
29 9999.0009 3'Drop Inlet 99 99 09 EA 1 $4,500.00 $4,500.00
31
f 33
34
35
•--36•-
37 ^�
38
39 _
40
41
42
43
44
45
TOTAL UNIT III:DRAINAGE IMPROVEMENTS $2,249,402.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version May 22,2019 DAP Form with Conaster Prices for 24in PVC Extended.As
Chisholm Trail Ranch Phase IA 00 42 43 Utilities and Paving
DAP-BID PROPOSAL
CPN 103826 Page 5 of 10
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Specification Unit of Bid
No Description Section No. Measure Quantity Unit Price Bid Value
UNIT IIIB: McPHERSON DRAINAGE IMPROVEMENTS
1 3305.0109 Trench Safety_ — 33 05 10 LF 426 $4.00 $1,704.00
2_ 3349.3003 24"Straight Headwall,1 Pipe— — 33 49 40_ EA— — 1 _$3,500.00 $3,500.00
3 0241.4303 Remove 4'Grate Inlet 02 41 14 EA 1 _ $1,500.00 $1,500.00
4 3349.5001 10'Curb Inlet 33 49 20 EA 1 $3,600.00 $3,600.00
5 3349.5002 15'Curb Inlet 33 49 20 EA 1 $4,600.00 $4,600.00
6 3349.7001 4'Drop Inlet 33 49 20 EA 1 $6,000.00 $6,000.00
7 3349.0001 4'Storm Junction Box 33 49 10 EA 2 $6,500.00 $13,000.00
8 3341,0201 21"RCP,Class III 3341 10 LF 155 $68.00 $10,540.00
-9_ „ 3341.0205 24"RCP,Class III - 3341 10 _ —LF — _25 $85.00 _—_$2,125.00
10 3341.0302 30"RCP,Class III 3341 10 LF 246 $88.00 $21,648.00
11
13
14
15
16
17
18
_19_
20
21
-22• — -
-23 24
25
25
26 _
27
28 — ---
29 ----- -- ---
30— -----
31
32
33 _
34
35 ----- _
36
_37
38�
39
_40
41
42
43
44
45
TOTAL UNIT IIIB:McPHERSON DRAINAGE IMPROVEMENTS $68,217,00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version May 22,2019 DAP Form with Conaster Prices for 24in PVC Extended.As
Chisholm Trail Ranch Phase IA 00 4243 Utilities and Paving
CPN 103826 DAP-BID PROPOSAL
Page 6 of 10
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidders Proposal
Bidlist Item Specification Unit of Bid
No. Description Section N I Measure Quantity Unit Price Bid Value
UNIT IV: PAVING IMPROVEMENT
1 3213.0101 6"Reinforced Conc Pvm_t 32 13 13 SY 18930 $42.00 $795,060.00
2 3211.0561 T Lime Treatment 32 11 29 SY 20154 $3.25 $65,500.50
3 3291.0100 Topsoil 32 92 19 CY 126 $24.00 0,024.00
4_ 3292.0100 Block Sod Placement 32 92 13 SY _752 $8.00 _ _ $6,016.00
5 3213.0301 Con 4"Co Sidewalk _ 32 13 20 SF 5852 $4.00 $23,408.00
6_ 9999.0010 Type III Barricade 99 99 10 EA 4 $1,000.00
$4,. 000.00
_ - _ n_
7 3137.0102 Large Stone Riprap,dry_ _ 31 3700_ SY _ �92 _ _ $115 00 _ $10,580.00
8., 3211.0400 Hydrated Lime(30#/SY per Geotech) 32 11 29 TN 303 $215 00 $65,145.00
9_ 3213.0506 Barrier Free Ramp,Type P-1 _ 32 13 20 EA _ 24 $1,800.00 — $43,200.00
10 3213.0501 Barrier Free Ramp,Type R-1 32 13 20 EA 4 $1,600.00 $6,400.00
11 9999.0011 Furnishrnstall Alum Sig Ground Mount City 99 99 11 EA
Standard-R1-1 Stop Sign _ — — _ 16 $750.00 $12,000.00
9999.0012 Furnish/install Alum Sig Ground Mount City 99 99 12
12 Standard-Street Name Blade Pair _ _EA 32 $300.00 $9,600.00
b 3216.0101 6"Conc Curb and Gutter 32 16 13 LF— �20 $30.00 $600.00
14 9999.0016 Furnish/install Alum Sig Ground Mount City 99 99 16 EA
Standard-R8-3R W/Stickers 1 $750.00 $750.00
15
16
17
18 --
19
20
21
22 _
_23
24_ �- -- --
25 —
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
TOTAL UNIT IV: PAVING IMPROVEMENTS $1,045,283.50
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version May 22,2019 DAP Form with Conaster Prices for 24in PVC Extended.xis
Chisholm Trail Ranch Phase 1 A 00 42 43 Utilities and Paving
CPN 103826 DAP-BID PROPOSAL
Page 7 of 10
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Specification Unit of Bid
No Description Section No. Measure Quantity Unit Price Bid Value
UNIT IVB:McPHERSON PAVING IMPROVEMENTS
1 3213.0105 10"Reinforced Conc Pvmt 32 13 13 SY 8200 $78.00 $639,600.00
2 3211.0502 8"Lime Treatment 32 11 29_ SY 8874 $4.00 _$35,496.00
_3— 0241.0100 Remove Sidewalk _ 0241 13 SF —1770 _ .$2_.00 $3,540.00
4 3211.0400 Hydrated Lime(36#/SY per Geotech) — 32 11 29 TN 160 $215.00 $34,400.00
5 9999.0013 Furnish/install Alum Sig Ground Mount City 99 99 13 EA
Standard-R3-7 Sign _ --_s 3 $750.00 $2,250.00
9999.0014 8.5i°Thick Type"D"&"B"Temporary Asphalt
6 99 99 14 SF 1347
_.,_. ._. $10,00 . .. $13,470.00
7 3217.1002 Lane Legend Arrow 00 00 00 - EA_ 3 $500.00 $1,500.00
9999.0015 Furnish/install Alum Sig Ground Mount City 99 99 15
8 Standard-R4-7 Sign EA 1 $750.00 $750.00
_9. 3213.0301 4"Conc Sidewalk 321320 SF 21467 $4.00 $85,868.00
10 3291.0100 Topsoil —^ 32 92 19 CY 938 $24.00 $22,512.00
. .- -____ nt - _
SY 5626 ^ ._$800 $45,008.00
11 3292:0100 Block Sod Placement 32 92 1.3. _ _
12 9999.0010 Type III Barricade 99 99 10 EA 1 _ _$1,000.00 $1,000,00
13 3217.0001 4"SLD Pvmt Marking HAS(W) 00 00 00 LF 345 $2.00 $690.00
14
15
16
17
18
19
20
21
22� —
23
24
25 _
26
-27 ---
29_
30
31
32 _
33
34
35
36
37
38
39
40
41
42
43� �
TOTAL UNIT IVB: McPHERSON PAVING IMPROVEMENTS $886,084.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version May 22,2019 DAP Form with Conmer Prices for 24m PVC Extended.xls
Chisholm Trail Ranch Phase 1 A 00 42 43 Utilities and Paving
CPN 103826 DAP-BIDPROPOSAL
Page 10 of 10
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Specification Unit of Bid
No. Description Section No. Measure Quantity Unit Price Bid Value
Bid Summan
UNIT I:WATER IMPROVEMENTS $663,784.00
UNIT IB:BREWER BLVD WATER IMPROVEMENTS(CITY COST PARTICIPATION) $895,360.00
UNIT II:SANITARY SEWER IMPROVEMENTS $1,247,645.00
UNIT III:DRAINAGE IMPROVEMENTS $2,249,402.00
UNIT IIIB:MASTER DRAINAGE IMPROVEMENTS $68,217,00
UNIT IV:PAVING IMPROVEMENTS $1,045,283.50
UNIT IVB:MCPHERSON PAVING IMPROVEMENTS $886,084.00
UNIT V:STREET LIGHTING IMPROVEMENTS
UNIT VB:ARTERIAL STREET LIGHTING IMPROVEMENTS
UNIT VI:TRAFFIC SIGNAL IMPROVEMENTS
Total Construction Bid $7,055,775.50
This Bid is submitted by the entity named below:
BIDDER: BY: B D4- 14"99 I h 5
Conaster Construction TX,L.P.
5327 Wichita Street
Ft.Worth TX 76119 TITLE: p r eS i C1 Cn
DATE:
Contractor agrees to complete WORK for FINAL ACCEPTANCE within 'ZDJf' working days after the date when the
CONTRACT commences to run as provided in the General Conditions.
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version May 22,2019 DAP Form with Conaster Prices for 24in PVC Extended.x1s
Chisholm Trail Ranch 00 42 43 Lighting
Section 3 Phase IA DAP-BID PROPOSAL
Page 8 of 10
CPN 103826
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Specification Unit of Bid
No. Description Section No. Measure Quantity Unit Price Bid Value
UNIT V:STREET LIGHTING IMPROVEMENTS
1 3441.3301 Rdwy Ilium Foundation TY 1 34 41 20 EA 27 $1,200.00 $32,400._00
2 3441.3341 Rdwy Ilium TY 11 Pole 34 41 20 EA 27 _ $1,800.00 �$48.600.00
_3 9999.0016 Type R2 Luminaire 99 99 16 EA 25 $850.00 $21,250.00
4 9994.0617 Type R4 Luminaire 99 99 17 EA 2 $950.00 $1-,900.00_
5 3441.1638 Type 33B Arm 34 41 20 EA_ -.-..27 $600.00 _ _$16.200.00
6 3605.3O15 2"C—on dt PVC SCH 80(T) 26 05 33 _LF 1605 $15.00 $24,075.00
9. .. _
�10
11
12 -----
13
15
16
17
18
19
20 _
21
22
23 ---Y
24 -
25
26
27 —
28
29 __
30
31
32
33
34
35
37
38
39
40
41
42
43 _
44
45
TOTAL UNIT V:STREET LIGHTING IMPROVEMENTS $144,425.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version May 22,2019 DAP Form with Conasler Prices for 24m PVC Extended.xis
Chisholm Trail Ranch 00 42 43 Lighting
Section 3 Phase IA DAP-BID PROPOSAL
Page 9 of 10
CPN 103826
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
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. I Measure J Quantity
UNIT VB:ARTERIAL STREET LIGHTING IMPROVEMENTS
1 9999.0018 Type R2 Luminaire 99 99 18 EA 10 $850.00 $8,500.00
2 3441.1632 Type 33A Arm 34 41 20 EA _ 10 $500.00 $5,000.00
3 3341.3302 Rdwy Ilium Foundation TY 3 34 41 20 T EA — 5 $1,500.00 $7,500.00
4 3441.3342 Rdwy Ilium TY 18 Pole 34 41 20 EA 5 $2,200.00 $11,000.00
5 3605.3015 2"Condt PVC SCH 80(T) 26 05 33 LF 1135 $15.00 $17,025.00
-6-12
-$ - -- - --
1 Q --------- ---
-13- ------
14—
15,
16
17
18 ---
19
20
21 --
22 ---—
23
24_
25
26
27
-
29
30
31
32
33
34
— 35
36
37
38
39
40
41
42-
43
44
45
TOTAL UNIT VB:ARTERIAL STREET LIGHTIN.GIMPROVEMENTSI $49,025.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version May 22,2019 DAP Form with Conaster Prices for 24in PVC Extended.xis
Chisholm Trail Ranch 00 42 43 Lighting
Section 3 Phase lA DAP-BID PROPOSAL
Page to oFlo
CPN 103526
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
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 I Quantity
Bid Summary
UNIT I:WATER IMPROVEMENTS
UNIT IB:BREWER BLVD WATER IMPROVEMENTS(CITY COST PARTICIPATION)
UNIT II:SANITARY SEWER IMPROVEMENTS
UNIT III:DRAINAGE IMPROVEMENTS
UNIT IIIB:MASTER DRAINAGE IMPROVEMENTS
UNIT IV:PAVING IMPROVEMENTS
UNIT IVB:MCPHERSON PAVING IMPROVEMENTS
UNIT V:STREET LIGHTING IMPROVEMENTS $144,425.00
UNIT VB:ARTERIAL STREET LIGHTING IMPROVEMENTS $49,025.00
UNIT VI:TRAFFIC SIGNAL IMPROVEMENTS
Total Construction Bid $193,450.00
This Bid is submitted by the entity named below: ��,`� 1J
BIDDER: BY: LJt )C"UW 1 Ins
Conaster Construction TX,L.P
5327 Wichita Street ,
Ft.Worth T\76119 TITLE:
DATE: 4j
Contractor agrees to complete WORK for FINAL ACCEPTANCE within 45 working days after the date when the
CONTRACT commences to run as provided in the General Conditions.
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version May 22,2019 DAP Form with Conaster Prices for 24in PVC Extended.x1s
12/1/22,3:46 PM M&C Review
Official site of the Cr',,of Fort Worth,Texas
CITY COUNCIL AGENDA FoRTW ORT11
Create New From This M&C
DATE: 8/23/2022 REFERENCE **M&C 22- LOG NAME: 60CTR WATER LINE
NO.: 0648 OVERSIZING
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT. (CD 6)Authorize Execution of Community Facilities Agreement with Meritage Homes of
Texas, LLC with City Participation in the Amount Not to Exceed $537,991.70 for Oversizing
a 8-Inch Water Main to a 24-Inch Water Main Located in Southwest Fort Worth
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a community facilities agreement
with Meritage Homes of Texas, LLC with City participation in the amount not to exceed $537,991.70
for oversizing a 8-Inch water main to a 24-inch water main located in southwest Fort Worth.
DISCUSSION:
Meritage Homes of Texas, LLC (Developer) is constructing the Chisholm Trail Ranch phase 1A
development project located west of Chisholm Trail Parkway and south of McPherson Boulevard. The
developer is responsible for constructing approximately 1,520 linear feet of 8-inch water line for the
development. The Water Department is seeking to participate in the project to oversize the water line
to a 24-inch water main and to oversize the 24-inch water main by extending it an additional 360 linear
feet for anticipated future growth in the area. The cost of the water main segment adjacent to Phase
1A of the development is allocated at 92.1\% for the Developer and 7.9\% for the City. The City will be
responsible for 100\% of the cost for the additional 360 linear feet. Chisholm Trail Ranch Phase 1A
project is assigned City Project No. 103826 and Accela System Record IPRC22-0055.
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 oversizing of the water main is estimated to be in an amount not to
exceed $537,991.70 as shown in the table below. Payments to the Developer are estimated to be
$490,780.14 for construction costs, $32,561.96 for design services, and $9,815.60 for material testing
costs. The City's cost participation also includes $4,834.00 to cover the City's portion of construction
inspection service fees, administrative material testing service fees, and water lab testing fees. An
additional $98,156.03 in contingency funds will cover the City's portion of any change orders.
The following table shows the cost sharing breakdown for the project between all parties:
A. 24"WL Construction Developer City Cost Total Cost
Cost
1. Water $1,062,995.86 $490,780.14 $1,553,776.00
2. Sewer $1,247,645.00 $0.00 $1,247,645.00
Water Contingency 20\% $0.00 $98,156.03 $98,156.03
3. Drainage $2,317,619.00 $0.00 $2,317,619.00
4. Paving $1,927,917.50 $0.00 $1,927,917.50
5. Street Lights $193,450.00 $0.00 $193,450.00
apps.cfwnet.org/council_packet/mc_review.asp?I D=30201&counciidate=8/23/2022 1/2
12/1/22,3:46 PM M&C Review
B. Inspections &Testing
1. Construction Inspection Fee $74,500.00 $3,750.00 $78,250.00
2. Admin Material Testing Fee $23,226.00 $784.00 $24,010.00
3. Water Lab Fee $1,740.00 $300.00 $2,040.00
4. Material Testing Cost $0.00 $9,815.60 $9,815.60
C. Design Services Cost $2,793.05 $32,561.96 $35,355.00
Total Project Cost $6,851,886.41 $636,147.73 $7,488,034.14
*Numbers will be rounded up for accounting purposes.
The reimbursement of the City 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 is budgeted in the Water Department's Water& Sewer Bond 2017A Fund for the purpose of
funding the CFA-Chisholm Tr. Ranch S3 Ph1A 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 $1,000,000.00 dollars.
This project is located in COUNCIL DISTRICT 6
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendation and execution of
the contract, funds are available in the current capital budget, as appropriated, in the Water& Sewer
Bond 2017A Fund CFA—Chisholm Tr. Ranch S3 Ph1A project. Prior to any expenditure being
incurred, the Water Department has the responsibility to validate the availability of funds.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
FROM
Fund Departmenn Account Project Program Activity Budget Reference# Amount
ID I ID J Year (Chartfield 2)
Submitted for City Manager's Office by_ Dana Burghdoff(8018)
Originating Department Head: Chris Harder(5020)
Additional Information Contact: Taylor Gunderman (8369)
ATTACHMENTS
60 CFA CTR P1 FID table wcf 07.26.22.xlsx (CFW Internal)
60CTR WATER LINE OVERSIZING funds availability pgf (CFW Internal)
CTR Water Overall Water Plan.pdf (Public)
Form 1295 Certificate 100862962 Offsite Water.pdf (CFW Internal)
apps.cfwnet.org/council_packet/mc_review.asp?ID=30201&councildate=8/23/2022 2/2