HomeMy WebLinkAboutContract 58544 Date Received: Dec 7,2022 City Secretary
Time Received: 4:26 p.m. Contract No.: 58544
INTERLOCAL AGREEMENT FOR THE
CONSTRUCTION OF COMMUNITY FACILITIES
WITH CITY PARTICIPATION
This INTERLOCAL AGREEMENT FOR THE CONSTRUCTION OF COMMUNITY
FACILITIES ("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 the Eagle Mountain-Saginaw Independent School District ("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 improvements or subdividing land within the corporate
limits of Fort Worth, Texas or its extraterritorial jurisdiction, for a project known as Water, Sanitary
Sewer,Paving, Storm Drain& Street Light Improvements for EMS ISD HS#4("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 by paying Developer an amount not
to exceed$470,236.43 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 as authorized by the City Council
through approval of M&C 22-0176 on March 8, 2022 and M&C 22-0356 on May 10, 2022 ("City
Participation");and
WHEREAS, the City Participation includes reimbursement to Developer in an amount not to
exceed $461,016.11 for construction costs and $9,220.32 for material testing costs, and the City is not
participating in the cost of construction inspection service fees,administrative material testing fees,or water
lab testing fees; and
WHEREAS, Chapter 791 of the Texas Government Code, the "Interlocal Cooperation Act,"
authorizes local government entities to enter into interlocal contracts for governmental purposes; and
OFFICIAL RECORD
CITY SECRETARY
City of Fort Worth,Texas Page 1 of 17
ILA for Construction of Community Facilities FT.WORTH,TX
Rev.1/21
WHEREAS, each party, in performing governmental functions or in funding the performance of
governmental functions, shall make that performance or those payments from current revenues legally
available to that party; and
WHEREAS,each party finds that the performance of this Agreement is in the common interest of
the parties, that the undertaking will benefit the public interest and that the division of costs fairly
compensates the performing party for the services or functions under this Agreement.
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 exists between the terms and conditions
of this Agreement and the CFA Ordinance,the CFA Ordinance shall control.
2.
Incorporation of Engineering Plans
The engineering plans for the Improvements that have been accepted 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: Sewer
® Exhibit B: Paving
® Exhibit B-1: Storm Drain
® Exhibit C: Street Lights & Signs
The Location Map and Cost Estimates are also attached hereto and incorporated herein by
reference. To the extent that Exhibits A, A-1, B, B-1, C, the Location Map, or the Cost Estimates
conflict with the Engineering Plans, the Engineering Plans shall control. If applicable, Attachment 1 —
Changes to Standard Community Facilities Agreement, Attachment 2 — Phased CFA Provisions, and
Attachment 3 — Concurrent CFA Provisions, are attached hereto and incorporated herein for all
purposes.
4.
Construction of Improvements; City Participation
City of Fort Worth,Texas Page 2 of 17
ILA for Construction of Community Facilities
Rev.1/21
Developer agrees to cause the construction of the Improvements contemplated by this Agreement
and that said construction shall be completed in a good and workmanlike manner and in accordance with
all City standards and specifications, the Engineering Plans, the Cost Estimates provided for the
Improvements,and this Agreement. Developer acknowledges that City will not accept the Improvements
until the City receives affidavits and lien releases signed by Developer's contractors verifying that the
contractors, and all subcontractors and material suppliers, have been paid in full for constructing the
Improvements, and consent of the surety on payment and performance bonds provided for the
Improvements. 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 and all contractors and material suppliers have been paid.
5.
Financial Guarantee
Developer has provided the City with a statement of appropriated funds as the financial
guarantee for 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").
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 Contractor's Payment and Performance Bonds 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.
(b) The City may utilize the Developer's Contractor's Payment and Performance Bonds 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) This section shall not limit the City's right to take further action, at law or in equity, if Developer
fails to construct the Improvements or pay all contractors and materials suppliers for the
Improvements.
8.
Termination
City of Fort Worth,Texas Page 3 of 17
ILA for Construction of Community Facilities
Rev.1/21
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 any costs incurred by the City for the City's inspectors to attend 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 and state law.
(b) Developer will employ construction contractors who meet the requirements of the City to construct
the Improvements including,but not limited,to being prequalified,insured,licensed and bonded to
construct the Improvements in the City.
(c) Developer will require Developer's contractors to provide the City with payment and performance
bonds naming the City and the Developer as dual obligees, in the amount of one hundred percent
(100%) of the cost of the Improvements as required by the CFA Ordinance. The payment and
performance bonds shall guarantee construction of the Improvements and payment of all
subcontractors and material suppliers. Developer agrees to require Developer's contractors to
provide the City with a maintenance bond naming the City as an obligee, in the amount of one
hundred percent (100%) of the cost of the Improvements, that guarantees correction of defects in
materials and workmanship for the Improvements by the contractor and surety for a period of two
(2) years after completion and final acceptance of the Improvements by the City. All bonds must
be provided to the City before construction begins and must meet the requirements of the City's
Standard Conditions,Chapter 2253 of the Texas Government Code,and the Texas Insurance Code.
(d) Developer will require Developer's contractors to provide the City with insurance equal to or in
excess of the amounts required by the City's standard specifications and contract documents for
developer-awarded infrastructure construction contracts. The City must be named as an additional
insured on all insurance policies. The Developer must provide the City with a Certificate of
Insurance (ACORD or form approved by the State of Texas), supplied by each contractor's
insurance provider,which shall be made a part of the Project Manual.
(e) Developer will require the Developer's contractors to give forty-eight (48)hours' advance notice
of their intent to commence construction of the Improvements to the City's Construction Services
Division so that City inspection personnel will be available. Developer will require Developer's
contractors to allow construction of the Improvements to be subject to inspection at any and all
times by the City's inspectors. Developer will require Developer's contractors to not install or
relocate any sanitary sewer, storm drain, or water pipe unless a City inspector is present and gives
consent to proceed, and to allow such laboratory tests as may be required by the City.
(f) Developer will not allow Developer's contractors to begin construction of the Improvements until
a notice to proceed to construction is issued by the City.
City of Fort Worth,Texas Page 4 of 17
ILA for Construction of Community Facilities
Rev.1/21
(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 WILL REQUIRE ITS ENGINEER TO INDEMNIFY,DEFEND AND HOLD
THE CITY HARMLESS FOR ANY INADEQUACIES IN THE PRELIMINARY PLANS,
SPECIFICATIONS, ENGINEERING PLANS, AND COST ESTIMATES FOR THIS
AGREEMENT.
(b) TO THEEXTENTALLOWED BYLA WAND WITHOUT WAIVINGANY GOVERNMENTAL
IMMUNITY UNDER TEXAS LAW, CITY AND DEVELOPER WILL EACH BE
RESPONSIBLE FOR THEIR OWN NEGLIGENCE.
(c) DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND AND
HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM
AND AGAINST ANY AND ALL CLAIMS, SUITS OR CAUSES OF ACTION OF ANY
NATURE WHATSOEVER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ON
ACCOUNT OF ANY INJURIES OR DAMAGES TO PERSONS OR PROPERTY,
INCLUDING DEATH,RESULTING FROM, OR INANY WAY CONNECTED WITH, THE
CONSTRUCTION OF THE IMPROVEMENTS CONTEMPLATED HEREIN, WHETHER
OR NOT SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE OR IN
PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS
OFFICERS, SERVANTS, OR EMPLOYEES. FURTHER, DEVELOPER WILL REQUIRE
ITS CONTRACTORS TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY
FOR ANY LOSSES, DAMAGES, COSTS OR EAPENSES 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.
City of Fort Worth,Texas Page 5 of 17
ILA for Construction of Community Facilities
Rev.1/21
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.
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 or its contractor must correct or replace the Improvements until the Improvements pass all
retests. The Developer or its contractor 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 or its contractor before the City will accept
the Improvements.
16.
Notices
All notices required or permitted under this Agreement may be given to a party by hand-
delivery or by mail, addressed to such party at the address stated below. Any notice so given shall be
deemed to have been received when deposited in the United States mail so addressed with postage
prepaid:
CITY: DEVELOPER:
Development Coordination Office Eagle Mountain-Saginaw Independent
School District
City of Fort Worth 1200 N. Old Decatur Rd.
200 Texas Street Fort Worth, Texas 76179
Fort Worth, Texas 76102
City of Fort Worth,Texas Page 6 of 17
ILA for Construction of Community Facilities
Rev.1/21
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
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
City of Fort Worth,Texas Page 7 of 17
ILA for Construction of Community Facilities
Rev.1/21
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 or the Developer 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,neither the City nor Developer,an independent
school district,waives or surrenders any of their governmental powers or immunities.
22.
Headings
The paragraph headings contained herein are for the convenience in reference and are not intended
to define or limit the scope of any provision of this Agreement.
23.
Severability
In the event that any clause or provision of this Agreement shall be held to be invalid by any
court of competent jurisdiction, the invalidity of such clause or provision shall not affect any of the
remaining provisions hereof.
24.
Review of Counsel
City of Fort Worth,Texas Page 8 of 17
ILA for Construction of Community Facilities
Rev.1/21
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.
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'S CONTRACTOR SHALL INDEMNIFY CITYAND HOLD CITYHARMLESS FROM
ANY PENALTIES,LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY
DEVELOPER, DEVELOPER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES.
City, upon written notice to Developer, shall have the right to immediately terminate this Agreement for
violations of this provision by Developer's contractor.
26.
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.
27.
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.
28.
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.
29.
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.
City of Fort Worth,Texas Page 9 of 17
ILA for Construction of Community Facilities
Rev.1/21
30.
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.
31.
Counterparts
This Agreement may be executed in multiple counterparts, each of which will be deemed an
original,but which together will constitute one instrument.
32.
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.
33.
City Participation; Fiscal Funding Limitation
(a) The City shall reimburse Developer for construction costs in an amount not to exceed$461,016.11
and for material testing costs in an amount not to exceed$9,220.32 after delivery of an invoice to
the City and 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. The City Participation shall not include any reimbursement to Developer for construction
inspection service fees, administrative material testing fees, or water lab testing fees. 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:
QtV Participation Exhibit-EMS No.4 H.S
IPRC21-0099 CPN 103535 unit of Qn. Coutractor CFR'2019 Lowest Unit Total
pleasure Lint Ptice Unit Price Price Delta
City Der Cost.Share Items
12"PVC Water Line LF 814400 S 192.00 $ 4627 S 30.18 S 245,785.92
16"PVC Water Lane S 210.00 $ 76.45
12"DIP Water line EA 325.00 S 200.00 $ 138.87 S 28.86 S 9,379.50
16"DIP Water line S 220.00 $ 1fi7.73
12"Gate Valve EA S 3,200.00 $ 2,390.16
16"Gate Valve 9.OD S 23,000.00 $ 14,02923 $ 11,639.07 S 104,751.63
12"Plug EA 4.00 S 750.00 $ 1,0153!00 6 S 250.00 S 1,000.00
lfi"Plug $ 2,000.00 $ 1, 00
Cann•actor UAL Lowest unit
100%Qr CostRents Unit Zice Price price
16"CLSM Baclnll(25%city) CY MOM $ 600.00 $ 97.16 $ 97.16 S 13,602.40
2"Combination Air Release Valve EA 4.00 $14,000-001 $7,583.56 $7,593.56 $30,33424
Fittings(tees etc.)(25 ib city) TN 11A0 $18,400.00 $333L54 $3,731.54 $10261.74
6"Blow offvalve assembly EA 4.00 $19,500.00 $ 11,475.17 $11,475.17 $45,900.68
Cost Share Amount 1$ 461,016.11
City of Fort Worth,Texas Page 10 of 17
ILA for Construction of Community Facilities
Rev.1/21
(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.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
City of Fort Worth,Texas Page 11 of 17
ILA for Construction of Community Facilities
Rev.1/21
34.
Cost Summary Sheet
Project Name: Water, Sanitary Sewer,Paving, Storm Drain& Street Light Improvements for EMS ISD
HS#4
CFA No.: CFA21-0123 City Project No.: 103535 IPRC No.: IPRC21-0099
items Developer's Cost City Cost Total Cost
A. Water and Sewer Construction
1. Water Construction $ 2,139,324.89 $ 461,016.11 $ 2,600,341.00
2.Sewer Construction $ 1,306,584.25 $0.00 $ 1,306,584.25
Water and Sewer Construction Total $ 3,445,909.14 $ 461,016.11 $ 3,906,925.25
B. TPW Construction
1.Street $ 3,310,137.25 $ 3,310,137.25
2.Storm Drain $ 1,158,244.50 $ 1,158,244.50
3.Street Lights Installed by Developer $ 368,450.00 $ 368,450.00
4. Signals $ - $ -
TPW Construction Cost Total $ 4,836,831.75 $ 4,836,831.75
Total Construction Cost(excluding the fees): $ 8,282,740.89 $ 461,016.11 $ 8,743,757.00
Estimated Construction Fees:
C. Construction Inspection Service Fee $ 130,000.00 $ 130,000.00
D. Administrative Material Testing Service Fee $ 22,295.00 $ 22,295.00
E. Material Testing Cost $ 9,220.32 $ 9,220.32
F. Water Testing Lab Fee $ 2,040.00 $ 2,040.00
Total Estimated Construction Fees: $ 154,335.00 $ 9,220.32 $ 163,555.32
Choice
Financial Guarantee Options, choose one Amount Mark one
Bond= 100%
Completion Agreement= 100%/Holds Plat
Cash Escrow Water/Sanitary Sewer= 125%
Cash Escrow Paving/Storm Drain= 125%
Letter of Credit= 125%
Statement of Appropriated Funds(Government Entity Only) X
City of Fort Worth,Texas Page 12 of 17
ILA for Construction of Community Facilities
Rev.1/21
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
Eagle Mountain-Saginaw Independent School
znwq District
Dana Burghdoff(N 29,202 1 :46 CST)
Dana Burghdoff C/&O welch
Assistant City Manager Clete Welch(Nov28,202213:16CST)
Name: Clete Welch
Date: Nov 29,2022 Title: Chief Operations Officer
Recommended by: Date: Nov 28,2022
"-e
Dwayne Hollars(Nov 28,202214:03 CST)
Dwayne Hollars
Contract Compliance Specialist
Development Services
Approved as to Form &Legality:
Richard A.McCracken(Nov29,202213:03 CST)
Richard A.McCracken
Sr.Assistant City Attorney Contract Compliance Manager:
M&C No. 22-0176(3/8/22) By signing,I acknowledge that I am the person
responsible for the monitoring and
22-0356(5/10/22) administration of this contract,including
Date: Nov 29,2022 ensuring all performance and reporting
requirements.
FORT
Form 1295: N/A �440ORr
bpF as
o a � —i� �� 64�L�L
CI o0 oo�O�dd
G~� old Matt Tillyon behalf of( 28,202214:37 CST)
ATTEST: ' a sd
ova -o Name: Janie Scarlett Morales
Tdnnel`fe S. Gaadd// a���b EXASaa� Title: Development Manager
dnaa4
Ja nnette S.Goodall(Nov 30,2022 09:11 CST)
Jannette Goodall
City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
City of Fort Worth,Texas Page 13 of 17
ILA for Construction of Community Facilities
Rev.1/21
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: Sewer 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 14 of 17
ILA for Construction of Community Facilities
Rev.1/21
ATTACIEMENT"1"
Changes to Standard Community Facilities Agreement
City Project No. 103535
None.
City of Fort Worth,Texas Page 15 of 17
ILA for Construction of Community Facilities
Rev.1/21
ATTACHMENT"3"
Concurrent CFA Provision
City Project No. 103535
The improvements being constructed by Developer pursuant to this Agreement will connect to and
be dependent upon a water main that is planned to be constructed by the City of Fort Worth, City Project
Number 102687 Northside IV 24-Inch Water Transmission Main Phase 1B, which will be supplied by a
water main project currently being constructed by the City of Fort Worth, City Project Number 103505
Northpointe 24-Inch Water Transmission Main ("City Projects"). Developer has requested and the City
has agreed to allow Developer to begin the construction of the Improvements contained in this Agreement
before the City's contractors have completed construction of the City Projects and the City has accepted
the City Projects. Therefore, this Agreement shall be considered a "Concurrent CFA" and the provision
contained in this Attachment shall apply to this Agreement.
The improvements being constructed under the City Projects shall be defined as the "Primary
Projects." 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 Projects and the Secondary Project to properly connect to each other; changes to the design or
construction of the improvements in the Primary Projects 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; failure of the Improvements to pass inspection or material
testing; rejection by the City of some or all of the Improvements and Developer having to remove and
reconstruct the Improvements at the expense of Developer;and failure by the City to commence or complete
construction of the City Projects. 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 Projects relating to responsibility for the Construction Problems.
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 in the CFA or Developer's decision to proceed with a Concurrent
CFA.
City agrees that Developer may connect to and use water from the City's Northside 3 water main
in order to construct Developer's Project. The connection to the Northside 3 water main is for temporary
fire coverage during construction of Developer's Project only. Developer shall remove the first hydrant,
shut in the valve, and install a permanent plug on the temporary Northside 3 fire hydrant lead before City
will accept the Improvements in the CFA. Developer shall not install any domestic, irrigation, or file line
services from the Northside 3 line. Developer shall not make the final connection of the improvements in
the Secondary Projects to the improvements in the Primary Project until the improvements in the Primary
Projects have been constructed and accepted by the City and the City has consented to Developer making
the connection.
Developer agrees that Developer shall not receive a Certificate of Occupancy from the City for the
building(s) related to the Project or otherwise be allowed to open the school that is the subject of
Developer's project until the Improvements in this Agreement are constructed and accepted by the City and
City of Fort Worth,Texas Page 16 of 17
ILA for Construction of Community Facilities
Rev.1/21
the City Projects are constructed and accepted by the City. No early meter releases will be acceptable to
the City until both the City Projects and the Developer's Project have been completed and have obtained
final acceptance by the City for all water and sanitary sewer Improvements.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 signing below, Developer certifies that all statements contained in this Attachment "Y
Concurrent CFA Provision are true and correct.
DEVELOPER:
C/&O welch
Clete Welch(Nov 28,202213:16 CST)
Date: Nov 28,2022
City of Fort Worth,Texas Page 17 of 17
ILA for Construction of Community Facilities
Rev.1/21
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . .. . . . . . .
�,Ctonal Church Vn9za
�A
Pecan Acres
Avondale
' .eG�lYli Rlvv Mu�ntlRtln � F -
- 5 -
r
Life Time®
BONDS RANCH RD' .�
QuikTfp faWtR°icu Rtl
FLEMING RANCH RD
l
Gf
PROJECT LOCATION Main Event Fort -
worth N%,th V.
s Raising Car--s
Chicken Finger.
c�
"e.YI1tl
�.-..�.'i.:., .�.�;F�• WBa4,9u.w+O Rd f5u101 .
3
SUMMERFIf
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . .. . . .. . . .. . . .. . .. . . .. . . .. . . . . . .
Eagle Mountain-Saginaw I.S.D. LOCATION MAP teague nail & perkins
1200 N Old Decatur Road
Fort Worth,Texas 76179 N.T.S. 5237 N. Riverside Drive,Suite 100
Fort Worth,Texas 76137
817.336.5773 ph 817.336.2813 fx
Water, Sanitary Sewer, Paving, TBPE Registration No. F-230
Drainage & Street Lights for www.tnpinc.com
N Eagle Mountain-Saginaw ISD HS #4 Mapsco Page 18 N, 18P & 18T
I City Proj. No. CPN 103535
.. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. .
LEGEND
PROPOSED WATER LINE
t PROPOSED FIRE H YDRAN T
z
Uf
7�
NOT EXIS77NG INFRASTRUCTURE
City Bond Project CPN 102687 �S
PROPOSED PROPOSED 16".K 'A'
PROPOSED 16"KSED 16"!NE A
BOAD3 RANCH/ROAD P OPO
PROPOSED
PROPOSED ��� 'OIIIIDIIIIO I K 6 (FH)
6"K(FH)
o
o
� N
.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Eagle Mountain-Saginawcatur I.S.D. EXHIBIT A ad teague Hall & perkins
Fort Worth,Texas 76179 WATER
5237 N. Riverside Drive,Suite 100
Fort Worth,Texas 76137
Water, Sanitary Sewer, Paving, 817.336.5773 ph 817.336.2813 fx
TBPE Registration No.F-230
N Drainage & Street Lights for Eagle www.tnpinc.com
0 600 1200 Mountain-Saginaw ISD HS#4
City Proj. No. CPN 103535
. . .. . . .. . . .. . . .. . . .. . . .. . . .. . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . .. . . .. . . .. . . .. . . .. . . .. . . .. . . ..
4'SSWH
Banos RANCH ROAD l�
o — W - - - - - - - - - -- _.o
�0 8
- H '�
P4 0 0
�o
cb
PROPOSED 10'SS \
4'SSWH
4'SSMH
o
o I SWIMS
/ 00
/ H �
Ho
4'SSMN
^/ H I O
^
0o I
4'SSMH
4'SSMH \\
%
4'SSMH \ \
\`A
q
O
4'SSMH
LEGEND
PROPOSED SEWER LINE /
PROPOSED MANHOLE
• EXISTING MANHOLE ExrsrssMH--�
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Eagle Mountain-Saginaw N Old De catur g I.S.D. EXHIBIT Al ad teague Hall & perkins
Fort Worth,Texas 76179 SEWER
5237 N. Riverside Drive,Suite 100
Fort Worth,Texas 76137
817.336.5773 ph 817.336.2813 fx
Water, Sanitary Sewer, Paving, TBPE Registration No.F-230
N Drainage & Street Lights for Eagle www.tnpinc.com
0 300 600 Mountain-Saginaw ISD HS#4 City Proj. No. CPN 103535
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHOOL ZONE FLASHER
ASPHALT TRANSITION
ASPHALT TRANSITION
SCHOOL ZONE FLASHER
80AW RAACH Roan
0
CONCDRI(�,
_ 00
aHHHHHHHHHHHIHfINNlO
op
� 00
ago - 00
Cb
OGENE
El
\ o
O O
O
o I
O �O
� I
0o
u SCHOOL ZONE FLASHER
II
LEGEND
II" CONCRETE PAVEMENT
7" CONCRETE DRI VEWA Y
12 ASPHAL T PA VEMENT
O PROPOSED RAMPS
CONCRETE SIDEWALK
❑ SCHOOL ZONE FLASHERS
AND SCHOOL ZONE SIGN
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Eagle Mountain-Saginawcatur I.S.D. EXHIBIT B ad teague Hall & perkins
Fort Worth,Texas 76179 PAVING
5237 N. Riverside Drive,Suite 100
Fort Worth,Texas 76137
Water, Sanitary Sewer, Paving, 817.336.5773 ph 817.336.2813 fx
TBPE Registration No.F-230
N Drainage & Street Lights for Eagle www.tnpinc.com
0 300 600 Mountain-Saginaw ISD HS#4
City Proj. No. CPN 103535
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
24' XNCRON STRUCTURE 72
'x5'R 4'SDMH RCP BOAVS RANCHROAD46'RCP V RCB
—,,T- MH 2�)x3'RCB
O RCP .'"""M1�� �/ I����0����O x3 I JUNC7701V STRUCTURE 11
�HHHHO _ 00
ommmomm
O O
\ 00
gCb
b 21'RCP 4'SDMH
Q 24'RCP
w
SOMH / 00
....... 0 36'RCP
42 5'p SflMH
O Cie O
H a® y �
H H °
Oa
fi x5"RCB
II
LEGEND
T PROPOSED STORM
DRAIN INLET
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . .. . . . . . .
Eagle Mountain-Saginaw I.S.D. EXHIBIT B1 erkins
nail Ha &tea ue
1200 N Old Decatur Road STORM DRAIN g p
Fort Worth,Texas 76179 5237 N. Riverside Drive,Suite 100
Fort Worth,Texas 76137
Water, Sanitary Sewer, Paving, 817.336.5773 ph 817.336.2813 fx
TBPE Registration No. F-230
N Drainage & Street Lights for Eagle www.tnpinc.com
0 300 600 Mountain-Saginaw ISD HS #4
City Proj. No. CPN 103535
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . .. . . .. . . .. . . .. . .. . . .. . . .. . . .. . . .. . . .. . . . . . . . .
PROP STREET LIGHTS
BOAD3 RANG'/ROAD
00
I � � c• OHHHHHIOHHHHHID \ �
I (niMMMMM E
�. 0 0
�� � OHHNHHIOHHNHHIO A —
� � u OHHHHHIOHHHHHIO
iZ l
0 0 � / 00
Oo
/ e / 0
PROP STREET LIGHTS
/ H �•� y
H H
0o I
11
LEGEND
-� PROP STREET LIGHTS
Note:
Street Name Sign is required on the
Stop Sign at Bonds Ranch & Fleming
Ranch Road.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Eagle Mountain-Saginaw I.S.D. EXHIBIT C1 tea ue Hall & erkins
1200 N Old Decatur Road STREET NAME SIGN AND g p
Fort Worth,Texas 76179 5237 N. Riverside Drive,Suite 100
STREET LIGHTING Fort Worth,Texas 76137
Water, Sanitary Sewer, Paving, 817.336.5773 ph 817.336.2813 fx
TBPE Registration No.F-230
N Drainage & Street Lights to www.tnpinc.com
0 300 600 Serve Crowley ISD Stadium
City Proj. No. CPN 103113
00 42 43
DAP-BID PROPOSAL
Page 1 of 5
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID
Project Item Information Bidders Proposal
Bidlist Item Description Specification JUnit of Bid Unit Price Bid Value
N I Section No. IMeasure [Quantity
UNIT 1:WATER IMPROVEMENTS
I-1 0241.1106 16"Pressure Plug 0241 14 EA 2 $2,000.00 $4,000.00
I-2 0241.1118 V-12"Pressure Plug 0241 14 EA 2 $750.00 $1,500.00
I-3 3125.0101 SWPPP>I acre 31 2500 LS 1 $16,500.00 $16,500.00
I-4 3137.0104 Medium Stone Riprap,dry 31 3700 SY 327 $85.00 $27,795.00
I-5 3292.0400 Seeding,Hydromulch 32 92 13 SY 5470 $1.60 $8,752.00
I-6 3305.0109 Trench Safety 3305 10 LF 8640 $0.10 $864.00
1-7 3305.0111 Valve Box Adjustment 3305 14 EA 1 $250.00 $250.00
I-8 3311.0001 Ductile Iron Water Fittings w/Restraint 33 11 11 TON 11 $18,400.00 $202,400.00
I-9 3311.0061 4"PVC Water Pipe 33 11 12 LF 4 $200.00 $800.00
I-10 3311.0161 6"PVC Water Pipe 33 It 12 LF 165 $160.00 $26,400.00
I-11 3311.0461 12"PVC Water Pipe 33 11 12 LF 98 $190.00 $18,620.00
I-12 3311.0551 16"DIP Water 33 11 10 LF 114 $220.00 $25,080.00
I-13 3311.0557 16"DIP Water,CLSM Backtill 33 11 12 LF 211 $600.00 $126,600.00
I-14 3311.0561 16"PVC C905 Water Pipe 33 11 12 LF 8048 $210.00 $1,690,080.00
I-15 3312.0001 Fire Hydrant 33 1240 EA 2 $6,100.00 $12,200.00
1-16 3312.0002 Water Sampling Station 33 1250 EA 1 $3,500.00 $3,500.00
I-17 3312.2203 2"Water Service 33 12 10 EA 1 $4,500.00 $4,500.00
I-18 3312.2803 6"Water Meter and Vault 33 12 11 EA 2 $32,000.00 $64,000.00
I-19 3312.3002 6"Gate Valve 33 1220 EA 4
S 1,350.00 $5,400.00
I-20 3312.3005 12"Gate Valve 33 1220 EA 3 $3,200.00 $9,600.00
I-21 3312.3006 16"Gate Valve w/Vault 33 1220 EA 8 $23,000.00 $184,000.00
I-22 3312.6002 6"Blow Off Valve 33 1260 EA 4 $19,500.00 $78,000.00
I-23 3312.4114 16"x 12"Tapping Sleeve&Valve 33 1225 EA 1 $13,500.00 $13,500.00
I-24 3471.0001 Traffic Control 3471 13 MO 1 $5,000.00 $5,000.00
1-25 9999.0001 2"Air Release Valve 00 00 00 LA 4 S 14,000.00 $56,000.00
I-26 9999.0002a Automated Flushing System 00 00 00 EA 1 S3.600.00 $3,600.00
1-27 9999.0002b Water Vault Adjustment,Major 00 00 00 EA 3
1 J S3,800.00 $11,400.00
TOTAL UNIT I:WATER IMPROVEMENTS $2,600,341.00
Alternate A
rA
l 0241.1118 4"-12"Pressure Plug 0241 14 EA 2 $750.00 $1,500.00
2 3311.0451 12"DIP Water 33 11 10 LF 114 $200.00 $22,800.00
3 3311,0457 12"DIPWater,CLSMBackfill 3311 12 LF 211 S580.00 $122,380.00
-I 3311,0461 12"PVC Water Pipe 33 11 12 LF 8048 $192.00 $1,545,216.00
3312.3005 12"Gate Valve 33 1220 EA 8
$3,200.00 $25,600.00
TOTAL:ALTERNATE A $1,717,496.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version May22,2019 00 42 43_13id Proposal_DAPS
00 42 43
DAP-BID PROPOSAL
Page 2 of 5
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID
Project Item Information Bidder's Proposal
Bidlist Item Description Specification Unit of Bid Unit Price Bid Value
No. Section No. Measure lQuantitv
UNIT II:SANITARY SEWER IMPROVEMENTS
II-1 3292.0400 Seeding,Hydromulch 3292 13 SY 6180 $1.60 $9,888.00
11-2 3301.0002 Post-CCTV Inspection 3301 31 LF 5025 $8.00 $40,200.00
U-3 3301,0101 Manhole Vacuum Testing 3301 30 EA 17 $300.00 $5,100.00
II-4 3305.0109 Trench Safety 3305 10 LF 5025 $0.25 $1,256.25
U-5 3305.0112 Concrete Collar 3305 17 EA 16 $575.00 $9,200.00
II-6 3305.0113 Trench Water Stops 3305 15 EA 6 S2,200.00 $13,200.00
H-7 3331.4201 10"Sewer Pipe 3311 10 LF 4905 $198.00 $971,190.00
H-8 3331.4202 10"Sewer Pipe,CSS Backfill 33 11 10 LF 120 $360.00 $43,200.00
11-9 3339.0001 Epoxy Manhole Liner 33 39 60 VF 118 $400.00 $47,200.00
II-10 3339.1001 4'Manhole 3339 10 EA 16 S7,500.00 $120,000.00
II-11 3339.1103 5'Extra Depth Manhole 33 39 10 VF 118 $175.00 $20,650.00
I1-12 9999.0003 Connect to Existing Sewer Manhole 00 00 00 EA 1 S6,500.00 $6,500.00
I1-13 9999.0004 4'Manhole with Interior Corrosion Protection 00 00 00 EA 1 $19,000.00 $19,000.00
TOTAL UNIT II:SANITARY SEWER IMPROVEMENTS $1,306,584.25
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version May22,2019 00 42 43_Bid Proposal_DAPS
00 42 43
DAP-BID PROPOSAL
Page 3 of 5
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID
Project Item Information Bidder's Proposal
Bidlist Item Description Specification Unit of Bid Unit Price Bid Value
No. I Section N I Measure lQuantity
UNIT III:DRAINAGE IMPROVEMENTS
111-1 0241.3013 Remove 18"Storm Line 0241 14 LF 48 $48.00 $2,304.00
III-2 0241.3018 Remove 33"Storm Line 0241 14 LF 78 $50.00 $3,900.00
III-3 0241.3021 Remove 42"Storm Line 0241 14 LF 200 $52.00 $10,400.00
III-4 0241.3103 21"Storm Abandonment Plug 0241 14 EA 5 $105.00 $525.00
I11-5 0241.31 12 48"Storm Abandonment Plug 0241 14 EA 1 $265.00 $265.00
111-6 3123.0101 Unclassified Excavation by Plan 31 23 16 CY 950 $17.00 $16,150.00
III-7 3137.0101 Concrete Riprap 31 3700 SY 125 $125.00 $15,625.00
III-8 3137.0104 Medium Stone Riprap,dry 31 3700 SY 825 $98.00 $80,850.00
III-9 3305.0109 Trench Safety 3305 10 LF 2766 $0.25 $691.50
111-10 3341.0103 18"RCP,Class III 3341 10 LF 92 $120.00 $11,040.00
111-11 3341.0201 2 1"RCP,Class 111 3341 10 LF 470 $121.00 $56,870.00
III-12 3341.0205 24"RCP,Class III 3341 10 LF 770 $122.00 $93,940.00
III-13 3341.0302 30"RCP,Class III 3341 10 LF 222 $168.00 $37,296.00
III-14 3341.0309 36"RCP,Class 111 3341 10 LF 428 $186.00 $79,608.00
111-15 3341.0402 42"RCP,Class 111 3341 10 LF 30 $250.00 $7,500.00
III-16 3341.0409 48"RCP,Class III 3341 10 LF 310 $275.00 $85,250.00
III-17 3341.1002 3x3 Box Culvert 3341 10 LF 252 $300.00 $75,600.00
111-18 3341.1102 4x3 Box Culvert 3341 10 LF 224 $395.00 $88,480.00
III-19 3341.1304 6x5 Box Culvert 3341 10 LF 60 $650.00 $39,000.00
III-20 3341.2002 I0x5 Box Culvert 3341 10 LF 100 $1,080.00 $108,000.00
III-21 3349.0001 4'Storm Junction Box 3349 10 EA 4 $6,500.00 $26,000.00
III-22 3349.0002 5'Storm Junction Box 3349 10 EA 2 $7,800.00 $15,600.00
III-23 3349.0003 6'Storm Junction Box 3349 10 EA 1 $10,500.00 $10,500.00
III-24 3349.0102 4'Manhole Riser 3349 10 EA 2 $2,000.00 $4,000.00
III-25 3349.1009 42"Flared Headwall,I pipe 33 49 40 EA 1 $9,500.00 $9,500.00
111-26 3349.4103 18"SET,1 pipe 344940 EA 4 $1,350.00 $5,400.00
III-27 3349.6001 10'Recessed Inlet 33 49 20 EA 4 $5,600.00 $22,400.00
III-28 3349.6002 15'Recessed Inlet 33 49 20 EA 2 $8,300.00 $16,600.00
111-29 3349.6003 20'Recessed Inlet 33 49 20 EA 2 $9,500.00 $19,000.00
III-30 3349.7001 4'Drop Inlet 33 49 20 EA 1 $6,900.00 $6,900.00
III-31 9999.0005 Remove 12"Storm Line 00 00 00 LF 97 $30.00 $2,910.00
III-32 9999.0006 Junction Structure#1 with Manhole 00 00 00 EA 1 $50,000.00 $50,000.00
III-33 9999.0007 Junction Structure#2 with Manhole 00 00 00 EA 1 $40,000.00 $40,000.00
111-34 9999.0008 Flared Headwall,10'x5'Box Culvert 00 00 00 EA 2 $14,750.00 $29,500.00
111-35 9999.0009 Parallel Headwall,10'x5'Box Culvert 00 00 00 EA 1 $62,000.00 $62,000.00
III-36 9999.0010 Flared Headwall,240'Box Culvert 00 00 00 EA 1 $14,000.00 $14,000.00
III-37 9999.0011 Pedestrian Rail 00 00 00 LF 112 $95.001 $10,640.00
TOTAL UNIT III:DRAINAGE IMPROVEMENTS $1,158,244.50
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version May 22,2019 00 42 43_Bid Proposal_DAPS
00 42 43
DAP-BID PROPOSAL
Page 4 of 5
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID
Project Item Information Bidder's Proposal
Bidlist Item Description Specification Unit of Bid Unit Price Bid Value
No. I Section No. Measure lQuantity
UNIT IV:PAVING IMPROVEMENTS
IV-1 0241.1 100 Remove Asphalt Pvmt 0241 15 SY 13545 $4.50 $60,952.50
IV-2 3110.0101 Site Clearing 31 1000 LS 1 $595,000.00 $595,000.00
IV-3 3123.0101 Unclassified Excavation by Plan 31 23 16 CY 20145 $17.00 $342,465.00
IV-4 3125.0101 SWPPP >I acre 31 2500 LS 1 _ $16,500.00 $16,500.00
IV-5 3211,0400 Hydrated Lime 31 1129 TN 746 $210.00 $156,660.00
IV-6 3211.0504 12"Lime Treatment 32 1129 SY 20710 $8.00 $165,680.00
IV-7 3212,0302 2"Asphalt Pvmt Type D 32 12 16 SY 2155 $14.00 $30,170.00
IV-8 3212.0507 10"Asphalt Base Type B 32 12 16 SY 2155 $53.00 $114,215.00
IV-9 3213.0106 11"Cone Pvmt 32 13 13 SY 17290 $64.00 $1,106,560.00
IV-10 3213.0301 4"Cone Sidewalk 32 1320 SF 45865 $5.60 $256,844.00
IV-11 3213.0402 7"Concrete Driveway 32 1320 SF 14490 $12.50 $181,125.00
IV-12 3213.0501 Barrier Free Ramp,Type R-1 32 1320 EA 1 $3,600.00 $3,600.00
IV-13 3213.0506 Barrier Free Ramp,Type P-1 32 1320 EA 14 $2,600.00 $36,400.00
IV-14 3217.0001 4"SLD Pvmt Marking HAS(W) 32 1723 LF 5655 $1.25 $7,068.75
IV-15 3217.0002 4"SLD Pvmt Marking HAS(Y) 32 1723 LF 13020 $1.25 $16,275.00
IV-16 3217.0201 8"SLD Pvmt Marking HAS(W) 32 1723 LF 290 $2.50 $725.00
IV-17 3217.0202 8"SLD Pvmt Marking HAS(Y) 32 1723 LF 440 $2.50 $1,100.00
IV-18 3217.0501 24"SLD Pvmt Marking HAE(W) 32 1723 LF 22 $16.00 $352.00
IV-19 3217.1002 Lane Legend Arrow 32 1723 EA 3 $250.00 $750.00
IV-19 3217.1004 Lane Legend Only 32 1723 EA 1 $300.00 $300.00
IV-20 3217.2102 REFL Raised Marker TY I-C 32 1723 EA 20 $5.00 $100.00
IV-21 3217,2103 REFL Raised Marker TY II-A-A 32 1723 EA 260 $5.00 $1,300.00
IV-22 3291.0100 Topsoil 32 91 19 CY 1610 $46.00 $74,060.00
IV-23 3292 0100 Block Sod Placement 3292 13 SY 9650 $5.50 $53,075.00
IV-24 3292.0400 Seeding,Hydromulch 32 92 13 SY 19400 $1.60 $31,040.00
IV-25 3441 1231 Furnish/Install Radar Advance Detection Device 3441 10 EA 2 $5,500.00 $11,000.00
IV-26 3441.1831 School Zone Flasher Assembly(Solar) 3441 10 EA 2 $17,000.00 $34,000.00
IV-27 3441.4003 Furnish/Install Alum Sign Ground Mount City Std. 3441 30 EA 9 $450.00 $4,050.00
IV-28 3471.0001 Traffic Control 3471 13 MO 1 $5,000.00 $5,000.00
IV-29 9999.0012 Permanent End of Road Barricade 00 00 00 LF 25 $30.00 $750.00
IV-30 9999.0013 Gravel Driveway 00 00 00 SF 755
$4.00 $3,020.00
TOTAL UNIT IV:PAVING IMPROVEMENTS $3,310,137.25
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version May 22,2019 00 42 43_Bid Proposal DAPS
00 42 43
DAP-BID PROPOSAL
Page 5 of 5
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID
Project Item Information Bidder's Proposal
Bidlist Item Description Specification Unit of Bid Unit Price Bid Value
No. Section No. Measure uanti
UNIT V:STREET LIGHTING IMPROVEMENTS
V-1 2605.3015 2"CONDT PVC SCH 80(T) 2605 33 LF 5300 $17.50 $92,750.00
V-2 3441.1502 Ground Box Type B,w/Apron 3441 10 EA 19 $1,200.00 $22,800.00
V-3 3441.1772 Furnish/Install 240-480 Volt Single Phase 3441 20 EA 2 $7,600.00 $15,200.00
V-4 3441.3003 Rdwy Illum Assmbly TY 18,18A,19,and D-40 3441 20 EA 28 $3,300.00 $92,400.00
V-5 3441.3201 LED Ligthing Fixture 3441 20 EA 28 $650.00 $18,200.00
V-6 3441.3302 Rdwy Illum Foundation TY 3,5,6,and 8 3441 20 FA 28 $1,700.00 $47,600.00
V-7 9999.0014 #2 XHHW Conductor 3441 20 LF 15900 $5.00 $79,500.00
TOTAL UNIT V:STREET LIGHTING IMPROVEMENTS $368,450.00
Base Bid Summary
UNIT I:WATER IMPROVEMENTS $2,600,341.00
UNIT II:SANITARY SEWER IMPROVEMENTS $1,306,584.25
UNIT III:DRAINAGE IMPROVEMENTS $1,158,244.50
UNIT IV:PAVING IMPROVEMENTS $3,310,137.25
UNIT V:STREET LIGHTING IMPROVEMENTS $368,450.00
UNIT VI:ern FFIG SIGNAL IMPROVEMENTS
Total Base Bid $8,743,757.00
This Bid is submitted by the entity named below:
BIDDER: Jackson Construction,Ltd. By:Larry H.Jackson
5112 Sun Valley Drive
Fort Worth,Texas 76119 �
TITLE:Vice-Presiden
DATE:January 18,2022
Contractor agrees to complete WORK for FINAL ACCEPTANCE within 416 working days after the date when the
CONTRACT commences to run as provided in the General Conditions.
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version May 22,2019 00 42 43_Bid Proposal_DAPS
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoRT�WORT_H_
Create New From This M&C
DATE: 5/10/2022 REFERENCE **M&C 22- LOG NAME: 60EMS HIGH SCHOOL NOA
NO.: 0356 AMEND
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT. (CD 7)Amend Mayor and Council Communication 22-0176,Authorizing Execution of an
Interlocal Agreement with Eagle Mountain Saginaw Independent School District to
Increase the City Participation to$470,236.43 for Oversizing a 12-Inch Water Main to a 16-
inch Water Main,and Adopt Attached Appropriation Ordinance to Effect an Additional
Portion of Water's Contribution to the Fiscal Years 2022-2026 Capital Improvement
Program
RECOMMENDATION:
It is recommended that the City Council:
1. Amend Mayor and Council Communication 22-0176, authorizing execution of an Interlocal Agreement with Eagle Mountain
Saginaw Independent School District to increase City participation to $470,236.43 for oversizing a 12-inch water main to a 16-
inch water main in the vicinity east of Business Highway 287 and south of Bonds Ranch Road to serve Eagle Mountain Saginaw
Independent School District High School #4 and anticipated future growth in north Fort Worth; and
2. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Water&Sewer Bond 2017A
Fund, by increasing estimated receipts and appropriations in the Community Facilities Agreement Bucket programmable project
(City Project No.1300001) in the amount of$350,756.00 and decreasing estimated receipts and appropriations in the
Unspecified project (City Project No. UNSPEC) by the same amount, for the purpose of funding the Interlocal Agreement- EMS
ISD High School #4 (City Project No.103535) and to effect an additional portion of Water's contribution to the Fiscal Years
2022-2026 Capital Improvement Program.
DISCUSSION:
On March 8, 2022, Mayor&Council Communication, (M&C)22-0176,the City Council authorized the execution of a Community Facilities
Agreement(CFA)with Eagle Mountain Saginaw Independent School District(EMS ISD),with City participation in an amount of
$204,640.35 for oversizing a 12-inch water main to a 16-inch water main in the vicinity east of Business Highway 287 and south of Bonds
Ranch Road.The amount of City participation was based on an engineer's estimate of the project cost.The Water Department is seeking
additional funding for the increased cost share in the amount of$350,755.93 based on the signed bid proposal from the contractor who
was awarded the public bid.The funding increase includes a 25\%contingency to cover the City's portion of any change orders.
Eagle Mountain Saginaw Independent School District has publicly bid the project.The City's cost participation in the construction and
oversizing of the water main is estimated to be in an amount not to exceed$470,236.43 as shown in the table below. Payments to the
Developer are estimated to be$461,016.11 for construction costs and$9,220.32 for material testing.The remaining City participation for
contingency in the estimated amount of$115,254.03 will cover the City's portion of any change orders.
A. Public Improvements Developer Cost City Cost Total Cost
1.Water- 16" $2,139,324.90 $461,016.11 $2,600,341.00
Contingency $0.00 $115,254.03 $115,254.03
2.Sewer $1,306,584.25 $0.00 $1,306,584.25
3. Drainage $1,158,244.50 $0.00 $1,158,244.50
4. Paving $3,310,137.25 $0.00 $3,310,137.25
5.Street Lighting $368,450.00 $0.00 $368,450.00
B. Inspections&Testing
1.Construction Inspection Fee $130,000.00 $0.00 $130,000.00
2.Admin Material Testing Fee $22,295.00 $0.00 $22,295.00
3. Material Testing Cost $0.00 $9,220.32 $9,220.32
4.Water Lab Fee $2,040.00 $0.00 $2,040.00
Total Project Cost $8,437,075.90 $585,490.46 $9,022,566.35
*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.
Capital Fund Name Project Name FY2022 CIP Authority Budget Change Revised
Appropriations (Increase/Decrease) FY2022 Budget
Govt Community Facilities P00001-CFA Bucket $1,100,000.00 $1,100,000.00
Agmt-Fund 30111
CFA Developer-Fund 30114 P00001-CFA Bucket $6,000,000.00 $6,000,000.00
Water/Sewer Bond 2016-Fund P00001-CFA Bucket $0.00 M&C 21- $1,211,467.00 $1,211,467.00
56005 0917
M&C 21- $112,280.00 $112,280.00
0919
M&C 21- $55,061.00 $55,061.00
0918
M&C 22- $234,735.00 $234,735.00
0176
M&C 22- $180,752.00 $180,752.00
0177
Water&Sewer Bond 2017A- P00001-CFA Bucket $0.00 M&C 22 $200,857.00 $200,857.00
Fund 56011 0175
This M&C $350,756.00 $350,756.00
Total P00001-CFW Bucket
Appropriations $7,100,000.00 $2,345,908.00 $9,445,908.00
It is the practice of the Water Department to appropriate its CIP plan throughout the fiscal year, instead of within the annual budget
ordinance, as projects commence,additional funding needs are identified,and to comply with bond covenants.The actions in the Mayor&
Council Communication will appropriate funds in support of the Water's portion of the City of Fort Worth's Fiscal Years 2022-2026 Capital
Improvements Program. Funding for the Community Facility Agreement(CFA)—EMS ISD High School#4 is as depicted in the table
below:
Fund Existing Additional project Total*
Appropriations Appropriations
Water/Sewer Bond 2016- $234,735.00 $0.00
Fund 56005 $234,735.00
Water&Sewer Bond $0.00 $350,756.00 $350,756.00
2017A—Fund 56011
Project Total $234,735.00 $350,756.00 $585,491.00
"Numbers rounded for presentation purposes.
This development is located in Council District 7.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are currently available in the Unspecified-All Funds project within the Water&Sewer Bond
2017A Fund and upon approval of the above recommendation and adoption of the attached appropriation ordinance,funds will be
available in the Water&Sewer 2017A Fund for the CFA Bucket programmable project to support the approval of the above
recommendation and execution of the agreement. Prior to an expenditure being incurred,the Water Department has the responsibility of
verifying the availability of funds.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
Submitted for City Manager's Office by_ Dana Burghdoff(8018)
Originating Department Head: Chris Harder(5020)
Additional Information Contact: Vishal Sood (8055)
ATTACHMENTS
#J-P00001 template for FY2022.xlsx (CFW Internal)
60 CFA EMS ISD#2 FID Table(NN 03.31.22).xlsx (CFW Internal)
60 CFA EMS ISD#2 PBS CPN P00001.pdf (Public)
60EMS HIGH SCHOOL NO.4 AMEND funds availability..pdf (CFW Internal)
60EMS HIGH SCHOOL NO.4 AMEND 56011 A022(r2).docx (Public)
EMS Project Layout.pdf (Public)