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Contract 61327
Received Date: Apr 26, 2024 Received Time: 9:30 a.m. Developer and Project Information Cover Sheet: Developer Company Name: Address, State, Zip Code: Phone & Email: Ashton Dallas Residential L.L.C. 1800 Valley View Lane, Ste 100, Farmers Branch, TX 75234 817-822-1132, daniel.satsky@ashtonwoods.com Authorized Signatory, Title: Daniel Satsky, Vice President Project Name: Cattleman's Crossing Phase 1 Brief Description: Water, sewer, paving, storm drain, and streetlight Project Location: East of BUS-287 and Southwest of US-287; North of Prairie Ridge Estates Plat Case Number: PP-21-064 Plat Name: Cattleman Crossing Phase 1 Mapsco: CFA Number: 4Z Council District: 7 23-0171 City Project Number: CPN 104562 I IPRC23-0086 City of Fort Worth, Texas Standard Community Facilities Agreement with City Participation Rev. 4/2/20 Page 1 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City Secretary Number: 61327 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 ASHTON DALLAS RESIDENTIAL L.L.C., a Texas limited liability company ("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 Cattleman's Crossing Phase 1 ("Project"); and WHEREAS, the City desires to ensure that all developments are adequately served by public infrastructure and that the public infrastructure is constructed according to City standards; and WHEREAS, as a condition of approval of the Project, Developer is required to bear a portion of the costs of municipal infrastructure by constructing the public infrastructure necessary for the Project as described in this Agreement ("Community Facilities" or "Improvements"); and WHEREAS, as a condition of approval of the Project, Developer is required to meet the additional obligations contained in this Agreement, and Developer may be required to make dedications of land, pay fees or construction costs, or meet other obligations that are not a part of this Agreement; and WHEREAS, the City desires to participate in this Agreement in an amount not to exceed $ 1,609,868.66 to enlarge the scope of the Improvements beyond what Developer is responsible for constructing by: (1) oversizing 150 linear feet of a 12-inch water main and 2,467 feet of an 8-inch water main to a 16-inch water main located in the western half of the northern development along Street B; (the "16-inch Main"); (2) oversizing 1,119 linear feet of a 12-inch water main, and 1,582 linear feet of an 8- inch water main, to a 24-inch water main along the northeastern frontage of the development, and oversizing the 24-inch water main an additional 166 linear feet across the railroad tracks (the "24-inch Main"); and (3) oversizing 399 linear feet of a 10-inch sanitary sewer main to a 12-inch sanitary sewer main (the "12-inch Sewer"), as authorized by City Council through approval of M&C 24-0223 on March 19, 2024 ("City Participation"); and WHEREAS, the City Participation includes reimbursement to Developer in amounts not to exceed $1,578,227.52 for construction costs and $29,651.14 for material testing costs. The remaining City Participation in the amount of $1,990.00 shall not be paid to Developer, but will be used by City to pay for the City's portion of construction inspection service fees and administrative material testing fees; and City of Fort Worth, Texas Standard Community Facilities Agreement with City Participation Rev. 4/2/20 Page 2 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX WHEREAS, the Developer and the City desire to enter into this Agreement in connection with the collective Improvements for the Project; NOW, THEREFORE, for and in consideration of the covenants and conditions contained herein, the City and the Developer do hereby agree as follows: 1. CFA Ordinance The Community Facilities Agreements Ordinance ("CFA Ordinance"), as amended, is incorporated into this Agreement by reference, as if it was fully set forth herein. Developer agrees to comply with all provisions of the CFA Ordinance in the performance of Developer's duties and obligations pursuant to this Agreement and to cause all contractors hired by Developer to comply with the CFA Ordinance in connection with the work performed by the contractors. If a conflict exists between the terms and conditions of this Agreement and the CFA Ordinance, the CFA Ordinance shall control. 2. Incorporation of Engineering Plans The engineering plans for the Improvements that have been approved by the City ("Engineering Plans") are incorporated into this Agreement by reference as if fully set out herein. Developer shall provide at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to construct the Improvements required by this Agreement. 3. Description of Improvements; Exhibits and Attachments The following exhibits describe the general location, nature and extent of the Improvements that are the subject of this Agreement and are attached hereto and incorporated herein by reference: E Exhibit A: Water E Exhibit A-1: Wastewater E Exhibit B: Paving E Exhibit B-1: Storm Drain E Exhibit C-1: 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-1, 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. Notwithstanding any statement to the contrary herein, in no event will approval of plans, construction, and/or completion of a lift station and/or force main be a condition to any plat approval for the Project, approval of construction plans, permits, certificates of occupancy, acceptance of Improvements, or any other approval required for the Developer to begin and complete the Project. 4. Construction of Improvements City of Fort Worth, Texas Standard Community Facilities Agreement with City Participation Rev. 4/2/20 Page 3 of 20 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. If: (a) Developer's contractors are not constructing the Improvements in accordance with the Engineering Plans; (b) Developer's contractors violate federal law, state law or local law, policies, rules or regulations in connection with the construction of the Improvements; or (c) coordination of the timing of the construction of adjacent utilities is necessary to avoid having to remove and replace Improvements that Developer's contractors are about to install, the City may temporarily suspend the construction of the Improvements by delivering a written notice to Developer and Developer's contractors. The temporary suspension of the construction of the Improvements shall only occur for the amount of time necessary for Developer's contractors to correct the violation or for the coordination of the utilities to be completed, and upon any such suspension, City agrees to reimburse Developer for the City's share of construction costs for work properly completed through the date City suspended construction. 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. Subject to any force majeure events, 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 16-inch Main, the 24-inch Main and the 12-inch Sewer are not completed at the end of the Term, and any Extension Periods, there will be no further obligation for City Participation to be paid to the Developer. City of Fort Worth, Texas Standard Community Facilities Agreement with City Participation Rev. 4/2/20 Page 4 of 20 (b) The City may utilize the Developer's Financial Guarantee to cause the completion of the construction of the Improvements or to cause the payment of costs for construction of the Improvements before the expiration of the Term, and any Extension Period, if the Developer breaches this Agreement, becomes insolvent, or fails to pay costs of construction. (c) If the Financial Guarantee is a Completion Agreement and the Developer's contractors or suppliers are not paid for construction costs or materials supplied for the Improvements the contractors and suppliers may place a lien upon any property which the City does not have an ownership interest that is the subject of the Completion Agreement. (d) Nothing contained herein is intended to limit the Developer's obligations under the CFA Ordinance, this Agreement, the Financial Guarantee, Developer's agreements with Developer's contractors, or other related agreements. 8. Termination If Developer desires to terminate this Agreement before Developer's contractors begin constructing the Improvements, Developer agrees to the following: (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. The 16-inch Main, the 24-inch Main, and the 12-inch Sewer will be privately bid and may be part of separate bid packages along with other portions of the Improvements. (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 City of Fort Worth, Texas Standard Community Facilities Agreement with City Participation Rev. 4/2/20 Page 5 of 20 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) (g) 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. 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. City of Fort Worth, Texas Standard Community Facilities Agreement with City Participation Rev. 4/2/20 Page 6 of 20 (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 BY ANY PERSONS, INCLUDING DEATH, OR TO ANY PROPERTY, RESULTING FROM OR IN CONNECTION WITH THE CONSTRUCTION, DESIGN, PERFORMANCE OR COMPLETION OF ANY WORK TO BE PERFORMED BY SAID DEVELOPER, ITS CONTRACTORS, SUBCONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, OR IN CONSEQUENCE OF ANY FAILURE TO PROPERLY SAFEGUARD THE WORK, OR ONACCOUNT OF ANY ACT, INTENTIONAL OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID DEVELOPER, ITS CONTRACTORS, SUB -CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, .. (c) DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, SUITS OR CAUSES OF ACTION OF ANY NATURE WHATSOEVER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ON ACCOUNT OF ANY INJURIES OR DAMAGES TO PERSONS OR PROPERTY, INCLUDING DEATH, RESULTING FROM, OR IN ANY WAY CONNECTED WITH, THE CONSTRUCTION OF THE IMPROVEMENTS CONTEMPLATED HEREIN. FURTHER, DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES SUFFERED BY THE CITY OR CAUSED AS A RESULT OF SAID CONTRACTORS' FAILURE TO COMPLETE THE WORK AND CONSTRUCT THE IMPROVEMENTS IN A GOOD AND WORKMANLIKE MANNER, FREE FROM DEFECTS, IN CONFORMANCE WITH THE CFA ORDINANCE, AND IN ACCORDANCE 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 Developer's portion of the estimated cost of administrative material testing service fees, construction inspection service fees, and water testing lab fees in the amounts set forth in the Cost Summary section of this Agreement. Upon completion of the construction of the Improvements, the City will reconcile the actual cost of administrative material testing service fees, construction inspection service fees, and water testing lab fees with the estimated fees paid by Developer. If the actual costs of the Developer's portion of the fees are more than the estimated payments made by the Developer, the Developer must pay the difference to the City before the Improvements will be accepted by the City. If the actual costs of the 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 City of Fort Worth, Texas Standard Community Facilities Agreement with City Participation Rev. 4/2/20 Page 7 of 20 a refund and the Developer will not be responsible for paying the difference. The financial guarantee will not be released by the City or returned to the Developer until reconciliation has been completed by the City and any fees owed to the City have been paid by the Developer. 15. Material Testing The City maintains a list of pre -approved material testing laboratories. The Developer must contract with material testing laboratories on the City's list. Material testing laboratories will provide copies of all test results directly to the City and the Developer. If the Improvements being constructed fail a test, the Developer must correct or replace the Improvements until the Improvements pass all retests. The Developer must pay the material testing laboratories directly for all material testing and retesting. The City will obtain proof from the material testing laboratories that the material testing laboratories have been paid in full by the Developer before the City will accept the Improvements. 16. Notices All notices required or permitted under this Agreement may be given to a party by hand - delivery or by certified mail with return receipt requested, addressed to such party at the address stated below. Any notice so given by hand -delivery shall be delivered upon receipt. Any notice so given by mail shall be deemed to have been received three (3) days after deposit in the United States mail so addressed with postage prepaid: CITY: Development Coordination Office City of Fort Worth 200 Texas Street 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 DEVELOPER: Ashton Dallas Residential L.L.0 1800 Valley View Lane, Ste 100 Farmers Branch, TX 75234 Attn: Daniel Satsky With copies to: Ashton Woods 3820 Mansell Rd., Suite 400 Alpharetta, Georgia 30022 Attn: Ruth J. Mitchell Or to such other address one party may hereafter designate by notice in writing addressed and mailed or delivered to the other party hereto. City of Fort Worth, Texas Standard Community Facilities Agreement with City Participation Rev. 4/2/20 Page 8 of 20 17. Right to Audit Developer agrees that, until the expiration of three (3) years after acceptance by the City of the Improvements constructed pursuant to this Agreement, that the City shall have access to and the right to examine any directly pertinent books, documents, papers and records of the Developer involving transactions relating to this Agreement. Developer agrees that the City shall have access during normal working hours to all necessary Developer facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Developer reasonable advance notice of intended audits. Developer further agrees to include in all contracts with Developer's contractors for the Improvements a provision to the effect that the contractor agrees that the City shall, until the expiration of three (3) years after final payment under the contract, have access to and the right to examine any directly pertinent books, documents, papers and records of such contractor, involving transactions to the contract, and further, that City shall have access during normal working hours to all of the contractor's facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Developer's contractors reasonable advance notice of intended audits. 18. Independent Contractor It is expressly understood and agreed that Developer and its employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers shall operate as independent contractors as to all rights and privileges and work performed under this Agreement, and not as agents, representatives or employees of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Developer shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer acknowledges that the doctrine of respondeat superior shall not apply as between the City and its officers, representatives, agents, servants and employees, and Developer and its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Developer. It is further understood that the City shall in no way be considered a co -employer or a joint employer of Developer or any employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers of Developer. Neither Developer, nor any officers, agents, servants, employees or subcontractors of Developer shall be entitled to any employment benefits from the City. Developer shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. The City, through its authorized representatives and employees, shall have the sole and exclusive right to exercise jurisdiction and control over City employees. 19. Applicable Law; Venue City of Fort Worth, Texas Standard Community Facilities Agreement with City Participation Rev. 4/2/20 Page 9 of 20 This Agreement shall be construed under and in accordance with Texas law. Venue shall be in the state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 20. Non -Waiver The failure of the City to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely on any such term or right on any future occasion. 21. Governmental Powers and Immunities. It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities. 22. Headings The paragraph headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. 23. Severability In the event that any clause or provision of this Agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not affect any of the remaining provisions hereof. 24. Review of Counsel City and Developer, and if they so choose, their attorneys, have had the opportunity to review and comment on this document; therefore any rule of contract construction or interpretation that would normally call for the document to be interpreted as against the drafting party shall not apply in interpretation of this Agreement, and each section, portion, and provision of this Agreement shall be construed solely on the basis of the language contained therein, regardless of who authored such language. 25. Prohibition on Boycotting Israel Developer acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company with 10 or more full-time employees that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" have the meanings ascribed to those terms by Chapter 2271 of the Texas Government Code. City of Fort Worth, Texas Standard Community Facilities Agreement with City Participation Rev. 4/2/20 Page 10 of 20 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 2276 of the Texas Government Code 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. To the extent that Chapter 2276 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. 27. Prohibition on Discrimination Against Firearm and Ammunition Industries Developer acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code 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. 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. City of Fort Worth, Texas Standard Community Facilities Agreement with City Participation Rev. 4/2/20 Page 11 of 20 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, OR DEVELOPER'S EMPLOYEES. City, upon written notice to Developer, shall have the right to immediately terminate this Agreement for violations of this provision by Developer. 30. Amendment No amendment, modification, or alteration of the terms of this Agreement shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by the City and Developer. 31. Assignment and Successors Developer shall not assign or subcontract all or any part of its rights, privileges, or duties under this Agreement without the prior written consent of City, such consent to not be unreasonably withheld by the 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. To the extent the violation is by Developer's contractors, Developer will direct the contractor to desist from and correct the violation, and if the contractor fails to correct the violation, Developer will be in default under this Agreement and may be required to hire a new contractor to complete the construction of the Improvements in order to remedy the breach. 34. Signature Authority City of Fort Worth, Texas Standard Community Facilities Agreement with City Participation Rev. 4/2/20 Page 12 of 20 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 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 in amounts not to exceed $1,578,227.52 for construction costs and $29,651.14 for material testing costs. The remaining City Participation in the amount of $1,990.00 shall not be paid to Developer, but will be used by City to pay for the City's portion of construction inspection service fees and administrative material testing fees. The City will reimburse the City Participation to Developer after presentation of proper documentation by Developer to the City that the Improvements have been constructed and accepted by the City and all contractors and material suppliers have been paid, as evidenced by the execution by the Assistant City Manager of the document commonly referred to as the greensheet. City acceptance of the Improvements will not be unreasonably withheld, conditioned or delayed. Developer must register as a vendor of the City in order for the City Participation to be paid to Developer. The City Participation for construction costs was calculated as follows: [CHART ON FOLLOWING PAGE] City of Fort Worth, Texas Standard Community Facilities Agreement with City Participation Rev. 4/2/20 Page 13 of 20 ['Sy Paltiop261Jn all lhrt- Cattleman's Crossing PlIC23-1:C85 CPN 194562 Unit of Contractor Unit Unit Price WATER Pdr.PR03 n7T Pint 1B (16"111) Measare 2 Price Ord. Unit Price Difference Total 12" PVC' Water Line LF 175.OD $ 10_2.00 5 150.00 $f65-S192= $63 S 11,025.00 16" FVC Water Line $ 185.00 5 165.0D 8" Pt C Water Line LF 2216.00 $ 52.00 5 105.00 $165-552=5113 S 250A08.00 16" PVC Water Line $ 185.00 5 165.00 8" DIP Waterline LF 226.00 $ 62.00 5 155.00 $205fi2=T143 S 3',318.00 16" DIP Water Line $ 205.00 5 205.04 12" Gate Vaire EA 1.00 $ 4,500.00 S. 4.600.00 $24500-$4,509=$20,000 5 20,009.00 16' GateValve& vaunt $ 24, 500.00 5 26,000.00 $" Gate Valve EA 8 $ 2,200.00 5 3,500.04 $24,500-$5209=$22J00 $ 178,409.00 I6" Crate Valve $ 24,500.00 5 26,009.00 8" Ductile Iron Fittings w restraint TOILS 0.72 $ 21.000.00 S 6.750.00 .93 Tons. _72 Toots .21 Togs S 1,417.50 16" Ductile Iron Fittings w restraint 0.93 12" Ductile Iron Fittiues w restraint TONS 0.17 $ 25:000.00 5 6,750.00 .20 Toms-.17 Tons = .03 Tons S 202.50 16" Ductile Iron Fitting wArestraint 0.20 CSS Barkfill (lowesmg) convert from LF (8") CY 46.30 $ 200.00 5 87.42 66.40 Tons - 46.39 Ton, 20.10 Tons S 1,749.10 CSS Barkfilt (lowering) convert from LF(16") 66.40 6" Blow off Valve (°.00%r ry- ras¢ EA 2.90 $ 12,500.09 5 11,475.17 100% City Cost S 22 950.34 " Combination Air Release Valve 0"106 rim as4 EA 3.00 $ 14,500.00 5 7,583,56 100°•o City Cost $ 22:750.68 8" Pressure Plug EA 100 $ 1.000.09 5 1,15326 $l 0{10 $100f $0 $0 16" Pressure Plug $ 1500.00 5 1.000.00 Now Ckarssr8ml6'mcd 12m 1fi" Kok, line feakuotion: 100%AirrD wee/ Unit 1B-1 Total $ $41,221.12 WATER LMTPROV MEti7S-1'nit 1B llait of Contractor Unit CFW1.-nit (24" 1i-L} Measare Qt2 Price Price Total 24" PVC Water pipe LF 2724.00 5275.00 5460.00 574-9:650.00 Imported Embedment CY 9.50 5200.00 587.02 $826.69 24" Crate Valve & Vault EA 3.00 546,500.00 $70,000.00 $139_500.00 8" Blowoff Valve EA 2.00 $14,500.00 $22,500.00 $29,00100 Ductile Iran Fittings w restraint joints TONS 0.98 $21,000.00 $28500.00 $24:500.00 4" Air Release Valve EA 2200 $28,500.00 $42,500.00 $57,000.00 Connect to existing 30" Water line EA I.00 $12,500.00 $I1,088.89 $11,088.89 42"Steel Cosine by other than open cut LF 141.4:t0 $1200.00 $1,450.00 $169 200.00 24"Carrier Pipe (DM LF 141.4:t0 5825.00 $560-00 $76960.00 Unit 1B-2 Total S1,259,725.58 Unit 1 -2 City Cost share 81.7§'a $1,029,195.80 Yaw: V"ttmar Una Cast Sho.Cohnf on bared an akeariCy19%.M.-1E,CIy TI'aterlrnprormeutsUnit 1Total $1,579.41692 Unit of Contractor Unit Unit Prue SEWER ThiPROV MRNTS-Unit 2 {11"SSS 3lrasnre price Ord. Unit Price Difference Total 10" INC Sewer Pipe LF 836 $82.00 $44 _ 1 $53.46- $44.21= $9.25 $7,733.00 12" PVC Sewer Pipe $92.00 $33.46 10" PVC Sewer Pi CSS Backtili CY 8.96 $40.00 $87_02 14.46 Torts- 8.96 Tons=1.5 Tons 560.00 12" PVC Sewer Pipe CS5 Backfill 10.46 I0" FVC Sewer Pape CLSM Back&il CY 2.46 $40.00 $87.02 2.9 Tons - 2.46 Tones 44 Torts 517.60 12'PVCSewer PijeCSLMBacklit' 2.9 tiAw: Oror. a20"ro 12' SS isle(Caintizmav:100%ThraD wr... Unit 1- Total S?,819.60 City Pancipation Siintmaty Water Improvments Total 51.570.416.92 Sewer Improvements Total S7.210.60 Total $1.578.227.52 (b) The City Council has authorized execution of this Agreement with City Participation in amount not to exceed $1,609,868.66, which funds have been appropriated by the City Council. Any additional City Participation in this Agreement requires a written amendment to the Agreement and may require additional approval by the City Council. 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. Notwithstanding any statement to the contrary herein, the City' s obligation to pay the City Participation to Developer shall survive the expiration of the Term (including any Extension Period(s)) until the City Participation due and owing to Developer for the Improvements that have City of Fort Worth, Texas Standard Community Facilities Agreement with City Participation Rev. 4/2/20 Page 14 of 20 been constructed is paid in full. (c) Substantial completion of the Improvements shall occur after Developer's Contractors notify the City that the Improvements are constructed and ready for their intended use, the City and Developer's 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. 38. Force Majeure Except for monetary obligations, if either party is unable, either in whole or part, to fulfill its obligations under this Agreement due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; wars; blockades; insurrections; riots; pandemics, epidemics; public health crises; earthquakes; fires; floods; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any state; declaration of a state of disaster or of emergency by the federal, state, county, or City government in accordance with applicable law; issuance of a Level Orange or Level Red Alert by the United States Department of Homeland Security; any arrests and restraints; civil disturbances; or explosions; or some other reason beyond the party's reasonable control (collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure Event will be suspended during the continuance of such event and any deadlines applicable to such obligation will be extended for a period of time equal to the time period such party was delayed due to the Force Majeure Event. 39. Pipeline License from BNSF Railway Company (a) A portion of the Improvements will be constructed on property owned by BNSF Railway Company ("BNSF"). A pipeline license between the City and BNSF is necessary for Developer to construct the portion of the Improvements on BNSF's property ("License"). To date, the License has not been executed. Developer desires to execute this Agreement and begin work outside of BNSF's property pursuant to this Agreement before the License is executed. City consents to Developer beginning the work outside BNSF's property subject to the provisions in this Section 39 and the remaining terms and conditions of this Agreement. (b) Notwithstanding anything to the contrary herein, Developer shall not perform any construction within BNSF's property until the License is executed and Developer has met all requirements of the License to begin construction. Developer shall not enter on BNSF's property until the License is issued. Developer shall ensure its contractors do not enter into or perform any work on BNSF's property until the License is issued. Developer shall ensure that all work performed by its contractors and all entry onto BNSF's property is performed in accordance with the License, and Developer shall require its contractors to fully comply with the License. (c) Developer understands that the City has no control over the issuance of the License and that the Improvements outside BNSF's property may be completed months before the License is issued. Developer further understands that the License may never be executed, in which event, a change order to remove the extension of the sewer on BNSF's property may be required. City shall not be liable in any form for Developer proceeding to construction prior to the License being executed. (d) BY CHOOSING TO PROCEED TO CONSTRUCTION BEFORE THE LICENSE IS EXECUTED, DEVELOPER ASSUMES ALL RISKS AND DEVELOPER SHALL BE City of Fort Worth, Texas Standard Community Facilities Agreement with City Participation Rev. 4/2/20 Page 15 of 20 LIABLE AND RESPONSIBLE FOR ANY AND ALL DAMAGES, INCLUDING BUT NOT LIMITED TO ANYAND ALL ECONOMIC DAMAGES PROPERTY LOSS, PROPERTY DAMAGES AND PERSONAL INJURY, (INCLUDING DEATH), OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED. DEVELOPER HEREBY EXPRESSLY RELEASES AND DISCHARGES CITYFROMANYAND 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 LV CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION OF THE IMPROVEMENTS BEFORE THE LICENSE IS EXECUTED OR DEVELOPER'S DECISION TO PROCEED TO CONSTRUCTION BEFORE THE LICENSE IS EXECUTED. 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 SERVANTS FOR, FROM AND AGAINST ANY AND ALL CLAIMS (WHETHER AT LAW OR IN EQUITY), LIABILITIES, DAMAGES (INCLUDING ANY AND ALL ECONOMIC DAMAGES, PROPERTY LOSS, PROPERTY DAMAGES 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 OFINVESTIGATION), OFANY NATURE, KIND OR DESCRIPTION ARISING OR ALLEGED TO ARISE BY OR IN ANY WAY RELATED TO (1) CONSTRUCTION OF THE IMPROVEMENTS BEFORE THE LICENSE IS EXECUTED OR DEVELOPER'S CHOICE TO CONSTRUCT THE IMPROVEMENTS BEFORE THE LICENSE IS EXECUTED, 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 CONSTRUCTION OF THE IMPROVEMENTS BEFORE THE LICENSE IS EXECUTED OR DEVELOPER'S CHOICE TO CONSTRUCT THE IMPROVEMENTS BEFORE THE LICENSE IS EXECUTED, 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. [REMAINDER OF PAGE INTENTIONALLY BLANK] City of Fort Worth, Texas Standard Community Facilities Agreement with City Participation Rev. 4/2/20 Page 16 of 20 40. Cost Summary Sheet Project Name: Cattleman's Crossing Phase 1 CFA No. 23-0099 IPRC No. 23-0086 City Project No.104562 Items Developer's Cost City's Cost Total Cost A. Water and Sewer Construction la. Water Construction - 100% Developer 1 b. Water Construction (partially funded by City) 2. Sewer Construction Water and Sewer Construction Total $ 1,545,995.48 $ 1,578,227.52 $ 3,124,223.00 $ 415,961.00 $ - $ 415,961.00 $ 540,841.08 $ 1,570,416.92 $ 2,111,258.00 $ 589,193.40 $ 7,810.60 $ 597,004.00 B. TPW Construction 1. Street 2. Storm Drain 3. Street Lights Installed by Developer 4. Signals TPW Construction Cost Total $ 2,325,097.00 $ $ 1,218,763.00 $ $ 1,218,763.00 $ 830,335.00 $ $ 830,335.00 $ 275,999.00 $ $ 275,999.00 $ - $ $ Total Construction Cost (excluding the fees): Estimated Construction Fees: C. Construction Inspection Service Fee D. Administrative Material Testing Service Fee E. Material Testing Cost F. Water Testing Lab Fee Total Estimated Construction Fees: TOTAL PROJECT COST Financial Guarantee Options, choose one - $ 2,325,097.00 $ 3,871,092.48 $ 1,578,227.52 $ 5,449,320.00 $ 88,500.00 $ 1,500.00 $ 90,000.00 $ 17,885.00 $ 490.00 $ 18,375.00 $ - $ 29,651.14 $ 29,651.14 $ 1,440.00 $ - $ 1,440.00 $ 107,825.00 $ 31,641.14 $ 139,466.14 $ 3,978,917.48 $ 1,609,868.66 $ 5,588,786.14 Choice (Mark one) Amount Bond = 100% $ 5,449,320.00 X Escrow Agreement = 125% $ 6,811,650.00 Cash Escrow Water/Sanitary Sewer= 125% $ 3,905,278.75 Cash Escrow Paving/Storm Drain = 125% $ 2,906,371.25 Letter of Credit = 125% $ 6,811,650.00 City of Fort Worth, Texas Standard Community Facilities Agreement with City Participation Rev. 4/2/20 Page 17 of 20 IN WITNESS WHEREOF, the City and Developer have each executed this Agreement by their duly authorized signatories to be effective on the date executed by the City's Assistant City Manager. CITY OF FORT WORTH Dana Burghdoff Dana Burghdoff (Apr 02416:35 CDT) Dana Burghdoff Assistant City Manager Date: Apr 25, 2024 Recommended by: Dwayne Hollars (Apr 24, 202410:39 CDT) Dwayne Hollars/Bichson Nguyen Contract Compliance Specialist Development Services Department Approved as to Form & Legality: Richard McCracken (Apr 24, 2024 21:20 CDT) Richard A. McCracken Sr. Assistant City Attorney M&C No. 24-0223 Date: 3/19/2024 Form 1295: 2024-1110905 ATTEST: Jannette Goodall City Secretary City of Fort Worth, Texas Standard Community Facilities Agreement with City Participation Rev. 4/2/20 DEVELOPER Ashton Dallas Residential L.L.C, a Texas limited liability company By:Daniel SatskyT,'Apr24, 2024 10:30 CDT) Name: Daniel Satsky Title: Vice President Date: Apr 24, 2024 Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Rebecca Owen (Apr 24, 202413:39 CDT) Rebecca Diane Owen Development Manager Page 18 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX The following attachments are incorporated into this Agreement. To the extent a conflict exists between the main body of this Agreement and the following attachments, the language in the main body of this Agreement shall be controlling. Included Attachment ® 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-1: Street Lights and Signs Improvements Cost Estimates (Remainder of Page Intentionally Left Blank) City of Fort Worth, Texas Standard Community Facilities Agreement with City Participation Rev. 4/2/20 Page 19 of 20 ATTACHMENT "1" Changes to Standard Community Facilities Agreement City Project No. 104562 Negotiated changes are incorporated into the body of the Agreement. City of Fort Worth, Texas Standard Community Facilities Agreement with City Participation Rev. 4/2/20 Page 20 of 20 VICINITY MAP COPYRIGHT ©2021 BY SHIELD ENGINEERING GROUP PLLC. TBPE F-11039 & TBPLS 10193890 EXIST SANITARY SEWER MANHOLE PROP 8" SANITARY SEWER LINE EXIST SANITARY SEWER LINE PROP 12" SANITARY SEWER LINE PHASE BOUNDARY PROP 10" SANITARY SEWER LINE PROP SANITARY SEWER MANHOLE COPYRIGHT ©2021 BY SHIELD ENGINEERING GROUP PLLC. TBPE F-11039 & TBPLS 10193890 llll©ISvH91111l m m llliOl1 lillllMEM] t:14 191111111111111 1 A 11111-= SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID 00 42 43 DAP - BID PROPOSAL Page 1 of9 Bidder's Application Project Item Information Bidder's Proposal Bidlist Item No. Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value UNIT 1A: WATER IMPROVEMENTS 1 0241.1118 4" - 12" Pressure Plug 02 41 14 EA 10 51,000.00 $10,000.00 2 2605.3031 4" CONDT PVC SCH 40 IT) 26 05 33 LF 390 $20.00 $7,800.00 3 3005.0003 8" Waterline Lowering 33 05 12 EA 5 54,500.00 $22,500.00 4 3305.0109 Trench Safety 33 0510 LF 3,197 $1.00 $3,197.00 5 3311.0001 Ductile Iron Water Fittings w/ Restraint 33 11 11 TON 1.32 $8,500.00 $11 220.00 6 3311.0261 8" PVC Water Pipe 33 11 12 LF 3,197 $52.00 $166,244.00 7 3312.0001 Fire Hydrant w/ Gate Valve 33 12 40 EA 5 $5,200.00 $26,000.00 8 3312.2003 1" Water Service (Irrigation) 33 12 10 EA 3 $1,300.00 $3,900.00 9 3312.2003 1" Water Service (Domestic) 33 1210 EA 77 $1,200.00 $92,400.00 10 3312.2003 1" Water Service (PH 2/3 Irrigation) 33 12 10 EA 2 $1,300.00 $2,600.00 11 3312.2003 1" Water Service (PH 2/3 Domestic) 33 12 10 EA 36 $1,300.00 $46,800.00 12 3312.2203 2" Water Service (PH 2/3 Irrigation) 33 12 10 EA 1 $3,200.00 $3 200.00 13 3312.3003 8" Gate Valve & Box 33 12 20 EA 8 $2,200.00 $17,600.00 14 3471.0013 Traffic Control 34 71 13 EA 1 $2,500.00 $2,500.00 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _ 29 3D 31 32 _ 33 ' 34 _. _ 35 36 37 38 39 40 TOTAL UNIT IA: WATER IMPROVEMENTS $415,961.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROM IJ Form Version May 22, 2019 CATTLEMAN'S CROSSING PHASE I SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID 00 42 43 DAP - BID PROPOSAL Page 2 ot9 Bidder's Application Project Item Information Biddefs Proposal Bidlist Item No. Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value UNIT 18: ONSITE/OFFSITE WATER IMPROVEMENTS (PARTIAL C TYI 1 0241.1106 16" Pressure Plug 02 41 14 EA 1 $1,500.00 $1,500.00 2 0241.1109 24" Pressure Plug 02 41 14 EA 1 $2.500.00 $2,500.00 3 3311.0001 Ductile Iron Water Fittings w/ Restraint 33 11 11 TON 2.11 $25,000.00 $52,750.00 4 3305.0109 Trench Safety 33 0510 LF 5,484 $2.00 $10 968.00 5 3305.0202 Imported EmbedmenUBackfill, CSS 33 0510 LF 205 $40.00 $8,200.00 $116,325.00 6 3305.2007 24" PVC Water Carrier Pipe 33 05 24 LF 141 $825.00 7 3311.0541 16" Water Pipe 33 11 10, 3311 12 LF 2,391 $185.00 $442,335.00 8 3311.0551 16" DIP Water 33 11 10 LF 226 $205.00 $46.330.00 9 3311.0641 24" Water Pipe 33 1110, 331112, 3311 13, 331114 LF 2,726 $275.00 5749,650.00 10 3312.0109 Connect to Existing 30" Water Main 33 12 25 EA 1 $12,500.00 $12.500.00 11 3312.3006 16" Gate Valve w/ Vault 33 12 20 EA 8 $24,500.00 $196,000.00 12 3312.3008 24" Gate Valve w/ Vault 33 12 20 EA 3 $46,500.00 $139,500.00 13 3312.6002 6" Blow Off Valve 3312 60 EA 2 $12,500.00 $25,000.00 14 3312.6003 8" Blow Off Valve 3312 60 EA 2 $14,500.00 $29 000.00 15 3471.0013 Traffic Control 34 71 13 EA 1 $2,500.00 $2,500.00 16 9999.0001 2" Air Release Valve 00 00 00 EA 3 $14,500.00 $43,500.00 17 9999.0002 4" Air Release Valve 00 00 00 EA 2 $28,500.00 $57,000.00 18 9999.0003 Connect to Prop 24" Water 00 00 00 EA 1 $6,500.00 $6,500.00 19 9999.0004 42" Steel Casing By Bore 00 00 00 LF 141 $1,200.00 $169.200.00 20 _ 21 — 22 - —— 23 — 24 _ 25 _ 26 _. 27 _ _ — 28 --29— _30_ _31_ 32 33 _-34. _ 35 36 37 38 39 40 — -- TOTAL UNIT 1B: ONSITE/OFFSITE WATER IMPROVEMENTS (PARTIAL CITY( $2,111,25800 CnY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVEWPER AWARDED PROJECTS Fong Version May22, 2019 CATTLEMAN'S CROSSING PHASE 1 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID 00 42 43 DAP -BID PROPOSAL Page 3 of 9 Bidder's Application Project Item Information Bidder's Proposal Bidlist Item No. Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value UNIT 2: SANITARY SEWER IMPROVEMENTS 1 3136.0103 Welded Gabion Mattresses 0210 14 CY 27 $400.00 510,800.00 2 3301.0002 Post -CCTV Inspection 33 01 31 LF 4,660 $4.00 $18,640.00 3 3301.0101 Manhole Vacuum Testing 33 01 30 EA 15 $150.00 $2,250.00 4 3305.0109 Trench Safety 33 05 10 LF 4,660 $2.00 $9,320.00 5 3305.0202 Imported Embedment/Backfill, CSS 33 05 10 LF 240 $40.00 $9,600.00 6 3331.3101 4" Sewer Service 33 31 50 EA 77 $900.00 $69 300.00 7 3331.3101 4" Sewer Service (Future) 33 31 50 EA 6 $900.00 $5.400.00 8 3331.4115 8" Sewer Pipe 33 31 20 LF 3,819 $62.00 $236,778.00 9 3331.4116 8" Sewer Pipe, CSS Backfill 34 31 20 LF 215 $72.00 $15 480.00 10 3331.4201 10" Sewer Pipe 3311 10, 33 31 12, 33 31 20 LF 5 582.00 $410.00 11 3331.420812" Sewer Pipe 33 11 10, 33 31 12, 33 31 20 LF 836 $92.00 376,912.00 12 3331.420912" Sewer Pipe, CSS Backfill 33 11 10, 33 31 12, 33 31 20 LF 72 $102.00 $7,344.00 13 3331.5751 12" Sewer Pipe, CLSM Backfill 34 11 10, 33 31 12, 33 31 20 LF 20 $112.00 $2,240.00 14 3339.0001 Epoxy Manhole Liner 33 39 60 VF 53 $485.00 $25.705.00 15 3339.1001 4' Manhole 33 39 10 EA 14 $4,800.00 367,200.00 16 3339.1002 4' Drop Manhole 33 39 10, 33 39 20 EA 1 $6 000.00 $6 000.00 17 3339.1003 Extra Depth Manhole (> 6.0') 33 3910 - VF 85 5225.00 $19,125.00 18 3471.0013 Traffic Control 34 71 13 MO 1 $2,500.00 $2,500.00 19 9999.0005 Water Tight MH Cover 00 00 00 EA 2 $2,000.00 $4,000.00 20 9999.0006 Connect to Existing 8" Sewer Main 00 00 00 EA 1 $3,500.00 $3,500.00 21 9999.0007 Hydraulic Slide 00 00 00 EA 1 $4,500.00 $4,500.00 22 23 ___4 _ 25 - -- 26 27 28 29 ... _, - - 31 - 32 - - - - 33 _ _ _ _ 34 35 36 _ 37 38 39 40 __s.. TOTAL UNIT 2: SANITARY SEWER IMPROVEMENTS $597,004.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 CATTIEMANS CROSSING PHASE I SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID 00 42 43 DAP - BID PROPOSAL Page 4 of 9 Bidder's Application Project Item Information Bidder's Proposal Bidlist Item No. Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value UNIT 3: DRAINAGE IMPROVEMENTS 1 3125.0101 SWPPP a 1 Acre 31 25 00 LS 1 $5,500.00 $5,500.00 2 3137.0102 Large Stone Riprap, dry 31 37 00 SY 361 $145.00 $52,345.00 $3.275.00 3 3305.0109 Trench Safety 33 05 10 LF 3,275 $1.00 4 3341.0201 21" RCP, Class III 33 41 10 LF 242 $80.00 $19 360.00 5 3341.0205 24" RCP, Class III 34 41 10 LF 1,074 $90.00 $96,660.00 6 3341.0206 24" RCP, Class IV 33 41 10 LF 116 $105.00 $12,180.00 7 3341.0208 27" RCP, Class III 33 41 10 LF 25 595.00 $2 375.00 8 3341.0309 36" RCP, Class III 33 41 10 LF 270 $140.00 $37,800.00 9 3341.0402 42" RCP, Class III 33 41 10 LF 363 $175.00 $63.525.00 10 3341.0409 48" RCP, Class III 33 41 10 LF 976 $205.00 $200.080.00 11 3341.0502 54" RCP, Class III 33 41 10 LF 141 $275.00 $38,775.00 12 3341.1201 5' X 3' Box Culvert 33 41 10 LF 68 $395.00 $26,860.00 13 3349.0001 4' Storm Junction Box 33 4910 EA 4 $6,500.00 $26,000.00 14 3349.0002 5' Storm Junction Box 33 4910 EA 5 $7,500.00 $37,500.00 15 3349.5001 10' Curb Inlet 33 49 20 EA 17 $4,600.00 $78.200.00 16 3349.7002 4' Drop Inlet 33 49 20 EA 1 $6,500.00 $6.500.00 17 3471.0013 Traffic Control 34 71 13 MO 1 $2 500.00 $2.500.00 18 3471.0013 Traffic Control (Business 287) 34 71 13 MO 1 $3,500.00 $3 500.00 19 9999.0008 24" Sloping Headwall 00 00 00 EA 3 $4,000.00 $12.000.00 20 9999.0009 48" Sloping Headwall 00 00 00 EA 1 $6.500.00 $6,500.00 21 9999.0010 5' x 3' Parallel Headwall 00 00 00 EA 2 $24.500.00 $49,000.00 22 9999.0011 54" Parallel Headwall 00 00 00 EA 1 $22.500.00 S22.500.00 23 9999.0012 Remove 3' X 3' Culvert 00 00 00 LF 52 $200.00 $10,400.00 24 9999.0013 Remove 2 BBL 3'X3' Headwall 00 00 00 EA 2 $3.500.00 $7,000.00 25 9999.0014 Permanent Asphalt Repair (TXDOT) 00 00 00 SY 75 $120.00 $9,000.00 $1,000.00 26 9999.0015 36" RCP Plu:: 00 00 00 EA 1 $1,000.00 27 _. 8 _.. 2 29 30 31- -_ 32 33 - 34 35 36 37 38 39 40 - - --. - s TOTAL UNIT 3: DRAINAGE IMPROVEMENTS1 $830,335.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 CATTLEMAN'S CROSSING PHASE] SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID 00 42 43 DAP -BID PROPOSAL Pogo 5 of 9 Bidder's Application Project Item Information Bidder's Proposal Bidlist Item No. Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value UNIT4A: PAVING IMPROVEMENTS 1 3211.0400 Hydrated Lime 32 11 29 TON 247 S245.00 $60,515.00 2 3211.0501 6" Lime Treatment 32 11 29 SY 12 370 $4.00 $49,480.00 3 3213.0101 6" Conc Pvmt 32 13 13 SY 11.245 $62.00 $697,190.00 4 3213.0302 4" Conc Sidewalk (By Developer) 3213 20 SF 6.670 $5.00 $33,350.00 5 3213.0501 Barrier Free Ramp, Type R-1 32 13 20 EA 4 $2,200.00 $8,800.00 6 3213.0506 Barrier Free Ramp, Type P-1 33 13 20 EA 10 $2,400.00 $24,000.00 7 3291.0100 Topsoil 32 91 19 CY 129 $48.00 $6,200.00 8 3292.0100 Block Sod Placement 32 92 13 SY 775 $10.00 $7.750.00 9 3292.0400 Seeding, Hydromulch (Open Space) 32 92 13 SY 12.625 $2.00 $25,250.00 10 3441.4003 Furnish/Install Alum Sign Ground Mount City Std. 34 41 30 EA 7 $850.00 $5,950.00 11 3471.0001 Traffic Control 34 71 13 MO 1 $3,500.00 $3,500.00 12 9999.0001 Install FOR Barricade 00 00 00 EA 2 $1,200.00 $2,400.00 13 9999.0002 Connect to Exist Pavement 00 00 00 EA 2 $2.500.00 $5,000.00 14 _15^ 16 17 18 19 — 20 21_ — 2'2 23 24 r 25 27 — — — — 28 29 - 30 31 32 — —32 34 35 36 37 38 39 40 — — — _ TOTAL UNIT 4A: PAVING IMPROVEMENTS $929,385.00 CRY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 CATTLEMAN'S CROSSING PHASE SECTION 00 42 43 Deve!oper Awarded Projects - PROPOSAL FORM UNIT PRICE BID 00 42 43 DM -BID PROPOSAL Page 6 of 9 Bidder's Application Project Item Information Bidder's Proposal Bidlist Item No. Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value UNIT 4B: QFFSITE PAVING ,aAPROVEMENTS - US —BUSINESS 287 (CREDIT) 1 3211.0400 Hydrated Lime 3211 29 TON 48 $245.00 $11,760.00 2 3211.0501 6" Lime Treatment 32 11 29 SY 2,418 $6.00 $14,508.00 $157,358.00 3 3212.0504 7" Asphalt Base Type B 32 12 16 SY 1,919 $82.00 4 3213.0102 7" Conc Pvmt 33 13 13 SY 279 $92.00 $25,668.00 $17,320.00 5 3217.0004 4" BRK Pvmt Marking HAS (Y) 32 17 23 LF 4,330 $4.00 6 3217.0102 6" SLD Pvmt Marking HAS (Y) 32 17 23 LF 3,944 $5.00 $19,720.00 7 3217.0201 8" SLD Pvmt Marking HAS (W) 32 17 23 LF 2,670 $6.00 $16,020.00 8 3217.2104 REFL Raised Marker TY II-C-R 32 17 23 EA 88 $8.00 $704.00 9 3217.4302 Remove 6" Pvmt Marking 32 17 23 LF 4330 $2.00 $8,660.00 10 3292.0400 Seeding, Hydromulch 32 92 13 SY 5080 52.00 $10 160.00 11 3441.4110 Remove and Reinstall Sign Panel and Post 34 41 30 EA 1 $1,000.00 $1,000.00 12 3471.0001 Traffic Control 34 71 13 MO 1 $6.500.00 $6.500.00 13 — 4- _ 14 15 16 17 18 —19-- ..— 20 -- 21 _.23._ --24 _. 25 .--26 - . - _ — — _ -27- _ 28 29 30 3_ 32 --3s�.. 34 35 36 37 38 39 40 _. _ TOTAL UNIT 4B: OFFSITE PAVING IMPROVEMENTS - U.S. BUSINESS 287 CREDIT $289 378.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 CATTLEMAN'S CROSSING PHASE l SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID 0D 42 43 DAP- BID PROPOSAL Page of 9 Bidder's Application Project Item Information Bidder's Proposal Bidlist Description Specification Section No. Unit of Bid Unit Price Bid Value Item No. Measure Quantity UNIT 5A: STREET LIGHTING IMPROVEMENTS 1 2605.3015 2" CONDT PVC SCH 80(T) 26 05 33 LF 1,758 $15.00 $26,370.00 2 3441.1410 NO 10 Insulated Elec Condr 34 41 10 LF 5,274 $2.00 $10 548.00 3 3441.1646 Furnish/Install Type 33B Arm 34 41 20 EA 17 5950.00 $16,150.00 4 3441.3050 Furnish/Install LED Lighting Fixture (70 watt ATBO 34 41 20 EA 17 $750.00 $12,750.00 5 3441.3301 Rdwy Illum Foundation TY 1,2, and 4 34 41 20 EA 17 $1,400.00 $23,800.00 6 3441.3351 Furnish/Install Rdway Ilium TY 11 Pole 34 41 20 EA 17 $2,400.00 $40,800.00 7 _ .4 10 - - - 11 12 13 14 15 1S—.. r 17 1-0 20 .__21_ —.21 _23_- 24 25 . _ 26 — 27_. _ 28 -- .2_. 9 30- - 81 32 33 ______ ____ — 34 35 36 37 38 39 40 1 TOTAL UNIT 5A: STREET LIGHTING IMPROVEMENTS $130 418.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 CATTLEMANS CROSSING PHASE 1 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID 00 42 43 DAP -BID PROPOSAL Page 8 of Bidder's Application Project Item Information Bidder's Proposal Bidlist Item No. Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value NIT 5B: U.S. BUSINESS 287 STREET LIGHTING IMPROVEMENTS (CREDIT) 1 2605.3015 2" CONDT PVC SCH 80(T) 26 05 33 LF 2.103 $15.00 $31,545.00 2 3441.1405 NO 2 Insulated Elec Condr 34 41 10 LF 6.309 $4.00 $25,236.00 3 3441.1646 Furnish/Install Type 33B Arm 34 41 20 EA 12 $950.00 511,400.00 4 3441.3050 Furnish/Install LED Lighting Fixture (70 watt ATBO 34 41 20 EA 12 $950.00 S11.400.00 5 3441.3303 Rdwy Ilium Foundation TY 18,18A,19, and D-40 34 41 20 EA 12 $1.800.00 $21,600.00 6 9999.0001 Furnish/Install Rdway Ilium TY 18 Pole 34 41 20 EA 12 $3,700.00 $44,400.00 7 —8 - .9- — — — - ,D- 1.1 12 — 13 14 15� 16 17 18 20 21 22 -- 23 _ 24 ._ z5 26 — 27 ig. - 2 30 3i .- 8— 2 32 34 35 _ 36 37 38 39 40 — -- - - — — — _ _ -- —- _ _ — _ — - TOTAL UNIT 5B: OFFISTE U.S BUSINESS 287 STREET LIGHTING IMPROVEMENTS (CREDIT) $145 581.00 CTtY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 CATILEMANS CROSSING PHASE 1 SECTION OD 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID 00 42 43 DAP- BID PROPOSAL Page 9 or9 Bidder's Application Project Item Information Bidder' Proposal Item Bidlist Description Specification Section No. More Quantity Unit Price Bid Value Bid Summary UNIT 1A: WATER IMPROVEMENTS $415,961.00 TOTAL UNIT 1B: ONSITE/OFFSITE WATER IMPROVEMENTS (PARTIAL CITY) $2,111,258.00 TOTAL UNIT 2: SANITARY SEWER IMPROVEMENTS $597,004.00 TOTAL UNIT 3: DRAINAGE IMPROVEMENTS $830,335.00 TOTAL UNIT 4A: PAVING IMPROVEMENTS $929,385.00 TOTAL UNIT 4B: OFFSITE PAVING IMPROVEMENTS - U.S. BUSINESS 287 (CREDIT) $289,378.00 TOTAL UNIT 5A: STREET LIGHTING IMPROVEMENTS $130,418.00 TOTAL UNIT 5B: OFFISTE U.S BUSINESS 287 STREET LIGHTING IMPROVEMENTS (CREDIT) $145,581.00 Total Construction Bid $5,449,320.00 This Bid is submitted by the entity named below: BIDDER Conatser Construction TX, L.P. 5327 Wichita St. Fort Worth, TX 76119 TITLE: President DATE: BY: Brock Huggins L� 12'�"'' 1"rf/i Contractor agrees to complete WORK for FINAL ACCEPTANCE within 24 O working days after the date when the CONTRACT commences to rum 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 CATITEMANN CROSSING PHASE 1 4/23/24, 1:16 PM M&C Review CITY COUNCIL AGENDA Create New From This M&C DATE: 3/19/2024 REFERENCE **M&C 24- NO.: 0223 CODE: SUBJECT: C TYPE: CONSENT Official site of the City of Fort Worth, Texas FORT r 60CATTLEMANS CROSSING LOG NAME: PHASE 1 WATER & SEWER IMPROVEMENTS PUBLIC HEARING: (CD 10) Authorize Execution of a Community Facilities Agreement with Ashton Dallas Residential, LLC, with City Participation in the Amount Not to Exceed $1,609,868.66 for Oversizing 8-Inch and 12-Inch Water Mains Along Street B of the Proposed Development to a Continuous 16-Inch Water Main, Oversizing 8-Inch and 12-Inch Water Mains On the Northeastern Frontage of the Development to a 24-Inch Water Main With an Additional 166 Linear Feet of Pipe and Oversizing a 10-Inch Sewer Main to a 12-Inch Sewer Main Along Street B for Cattleman's Crossing Phase 1 Development Located in North West Fort Worth, and Adopt Appropriation Ordinance to Effect a Portion of Water's Contribution to the Fiscal Years 2024-2028 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: NO 1. Authorize the execution of a Community Facilities Agreement with Ashton Dallas Residential, LLC with City participation in an amount not to exceed $1,609,868.66 for oversizing 8-inch and 12-inch water mains along Street B of the Development to a continuous 16-inch water main, oversizing 8-inch and 12-inch water mains on the northeastern frontage of the development to a 24-inch water main with an additional 166 linear feet of pipe and oversizing a 10-inch sewer main to a 12-inch sewer main along Street B for Cattleman's Crossing Phase 1 Development located in north west Fort Worth; and 2. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Water & Sewer Capital Project 2018 fund by increasing estimated receipts and appropriations in the Community Facilities Agreement Bucket programmable project (City Project No. P00001) in the amount of $1,925,139.00 and decreasing estimated receipts and appropriations in the Unspecified -All Funds project (City Project No. UNSPEC) by the same amount for the purpose of funding the Community Facilities Agreement — CFA Cattleman's Crossing Ph 1 project (City Project No.104562) and to effect a portion of Water's contribution to the Fiscal Years 2024-2028 Capital Improvements Program. DISCUSSION: Ashton Dallas Residential, LLC (Developer) is constructing the Cattleman's Crossing Phase 1 development project located east of U.S Business 287 and south of Avondale Haslet Road. The City is participating in the water public improvements to oversize an 8-inch and 12-inch water mains to a 16- inch water main located on Street B to serve on -site development. Also, the City is participating in the water public improvements to oversize an 8-inch and 12-inch water mains to a 24-inch water main along the northeastern frontage for the development of which 166 linear feet is an additional pipe to extend across the railroad tracks to meet the City's needs for future capacity. The City will pay 100\% of the price difference for the oversizing of an 8-inch and 12-inch water mains to 2,617 linear feet of a 16-inch water main at an estimated cost of $539,968.03. The City will pay construction cost for 2,867 linear feet of a 24-inch water main is estimated to be allocated at 18.3\% for the Developer and 81.7\% for the City for an estimated cost to the city of $1,028,573.00. Additionally, the City is participating in sewer public improvements to oversize an 10-inch sewer main to 12-inch sewer main to the existing lift station to serve the Cattleman's Crossing Phase 1 Development. The City will pay 100\% of the price difference for the oversizing from a 10-inch to 399 linear feet 12-inch at an estimated cost of $7,810.60. The City's calculation for city participation is in accordance with the City's Community apps.cfwnet.org/council_packet/mc_review.asp?ID=31930&councildate=3/19/2024 1/3 4/23/24, 1:16 PM M&C Review Facilities Agreement (CFA) unit price ordinance number 23657-05-2019. The Cattleman's Crossing Phase 1 project is assigned City Project No. 104562 and Accela System Record IPRC23-0086. 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 the water and sewer mains is estimated to be in an amount not to exceed $1,609,868.66 as shown in the table below. Payments to the Developer are estimated to be $1,576,351.63 for construction costs and $31,527.03 for material testing. The City's cost participation also includes $1,990.00 to cover the City's portion of construction inspection service fees, administrative material testing fees, and water lab fees. An additional $315,270.33 in the 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. Public Improvements 1A- Water- 100\% Developer 1 B- Water-(8 &12-inch to 16- inch) 1 B- Water- (8 & 12-inch to 24- Developer City Cost Cost $415,961.00 $0.00 $415,961.00 Total Cost $253,880.17 $539,968.03 $793,848.20 inch) $288,836.80 $1,028,573.00 $1,317,409.80 2. Sewer- (10-inch to 12-inch) $589,193.40 $7,810.60 $597,004.00 Total Water/Sewer Improvements $1,547,871.37 $1,576,351.63 $3,124,223.00 Water Contingency 20\% $0.00 $315,270.33 $315,270.33 3. Drainage $830,335.00 $0.00 $830,335.00 4. Paving $1,218,763.00 $0.00 $1,218,763.00 5. Street Lighting $275,999.00 $0.00 $275,999.00 B. Inspections & Testing 1. Construction Inspection Fee 2. Admin Material Testing Fee 3. Material Testing Cost 4. Water Lab Fee Total Project Cost $88,500.00 $1,500.00 $90,000.00 $17,885.00 $490.00 $18,375.00 $0.00 $31,527.03 $31,527.03 $1,440.00 $0.00 $1,440.00 $3,980,793.37 $1,925,138.99 $5,905,932.36 *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. It is the practice of the Water Department to appropriate its CIP plan throughout the Fiscal Year, instead of within the annual budget ordinance, as projects commence, additional funding needs are identified, and to comply with bond covenants. The actions in the Mayor & Council Communication (M&C) will appropriate funds in support of the Water Department's portion of the City of Fort Worth's Fiscal Years 2024-2028 Capital Improvements Program, as follows: 60CATTLEMANS CROSSING PHASE 1 WATER & SEWER IMPROVEMENTS Capital FY2024 CIP Fund Project Name Appropriations Name Budget Change Authority (Increase/ Decrease) Revised FY2024 Budget apps.cfwnet.org/council_packet/mc_review.asp?ID=31930&councildate=3/19/2024 2/3 4/23/24, 1:16 PM 56014 — 104562 - CFA- W&S Cattleman's Capital Proj Crossing Ph1 2018 Fund M&C Review $0.00 This M&C $1,925,139.00 $1,925,139.00 Funding is available in the Unspecified-AII Funds project within the Water & Sewer Capital Projects 2018 Fund for the purpose of funding the CFA-Cattleman's Crossing Ph 1 project. Funding for the Community Facility Agreement (CFA) —Cattleman's Crossing Ph 1 project as depicted in the table below: FUND Existing Additional Appropriations Appropriations W&S Capital Proj 2018 — Fund 56014 Project Total *Numbers rounded for presentation purposes. BUSINESS EQUITY -Ashton Dallas Residential LLC is in compliance with the City's Business Equity Ordinance by committing to 9\% MWBE participation on this developer project. This project is located in COUNCIL DISTRICT 10. Project Total* $0.00 $1,925,139.00 $1,925,139.00 $0.00 $1,925,139.00 $1,925,139.00 FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are currently available in the Unspecified -All Funds project within the W&S Capital Proj 2018 Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in W&S Capital Proj 2018 Fund for the CFA- Cattleman's Crossing Ph 1 project to support the approval of the above recommendations and execution of the agreement. Prior to an expenditure being incurred, the Water Department has the responsibility of verifying the availability of funds. TO Fund Department ID Account Project ID Program Activity Budget Year Reference # (Chartfield 2) Amount FROM Fund Department ID Account Project ID Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: Program Activity Budget Year Reference # (Chartfield 2) Amount Fernando Costa (6122) Chris Harder (5020) Suby Varughese (8009) Melissa Harris (8428) ATTACHMENTS CERTIFICATE OF INTERESTED PARTIES Form 1295.pdf (CFW Internal) city participation exhibits.pdf (CFW Internal) apps.cfwnet.org/council_packet/mc_review.asp?ID=31930&councildate=3/19/2024 3/3