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Contract 61360
Received Date: May 3, 2024 Received Time: 4:42 p.m. Developer and Project Information Cover Sheet: Developer Company Name Address, State, Zip Code: Phone & Email: Authorized Signatory, Title: Project Name: Brief Description: Project Location: Plat Case Number: None Given Mapsco: 116J CFA Number: 24-0030 D.R. Horton — Texas, LTD 6751 North Freeway Fort Worth, Texas 76131 817-230-0805 1 josworth@drhorton.com Justin Bosworth, Assistant Secretary Rock Creek Ranch Lift Station & Force Main Phase 2 Sewer Improvements Northwest of Old Granbury Road and Brewer Blvd. Plat Name: I None Given Council District: 16 City Project Number: 1105040 1 IPRC23-0120 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Page 1 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 City Secretary Number: 61360 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 D.R. Horton - Texas, LTD. ("Developer"), acting by and through its duly authorized representative. City and Developer are referred to herein individually as a "party" and collectively as the "parties." WHEREAS, Developer is constructing private improvements or subdividing land within the corporate limits of Fort Worth, Texas or its extraterritorial jurisdiction, for a project known as Rock Creek Ranch Lift Station & Force Main Phase 2 ("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 and Walton Development & Management TX, LLC entered into an Agreement for Additions to the Sanitary Sewer System for the Rock Creek PID, City Secretary Contract Number 59409 ("Sewer Addition Agreement"); and WHEREAS, the Improvements in this Agreement are being constructed by Developer will satisfy certain requirements in the Sewer Addition Agreement; and WHEREAS, the City desires to participate in this Agreement in an amount not to exceed $7,901,164.69 to enlarge the scope of the Improvements beyond what Developer is responsible for constructing to oversize the lift station and oversize approximately 14,164 linear feet of 24-inch parallel force sewer main as authorized by City Council through approval of M&C 24-0225 on March 19, 2024 ("City Participation"); and WHEREAS, the City Participation includes reimbursement to Developer in amounts not to exceed $7,663,551.33 for construction costs, $153,271.03 for material testing costs, $3,792.60 for IPRC design review fees and $384.78 for the public bidding advertisement. The remaining City Participation in the OFFICIAL RECORD City of Fort Worth, Texas CITY SECRETARY Page 2 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 FT. WORTH, TX amount of $80,164.95 shall not be paid to Developer, but will be used by City to pay for the City's portion of construction inspection service fees, administrative material testing fees, and water lab testing fees; and 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 exist between the terms and conditions of this Agreement and the CFA Ordinance, the CFA Ordinance shall control. 2. Incorporation of Engineering Plans The engineering plans for the Improvements that have been approved by the City ("Engineering Plans") are incorporated into this Agreement by reference as if fully set out herein. Developer shall provide at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to construct the Improvements required by this Agreement. 3. Description of Improvements; Exhibits and Attachments The following exhibits describe the general location, nature and extent of the Improvements that are the subject of this Agreement and are attached hereto and incorporated herein by reference: ❑ Exhibit A: Water ® Exhibit A- 1: Sewer ❑ Exhibit B: Paving ❑ Exhibit B-1: Storm Drain ❑ 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. 4. Construction of Improvements City of Fort Worth, Texas Page 3 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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 the Developer's contractors: (a) are not constructing the Improvements in accordance with the Engineering Plans; (b) the 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. In no event shall the Term of this Agreement plus any Extension Periods be for more than three years. 7. Failure to Construct the Improvements (a) The City may utilize the Developer's Financial Guarantee to cause the completion of the construction of the Improvements if at the end of the Term, and any Extension Periods, the Improvements have not been completed and accepted by the City. If the Improvements are not completed at the end of the Term, and any Extension Periods, there will be no further obligation for City Participation to be paid to the Developer. (b) The City may utilize the Developer's Financial Guarantee to cause the completion of the construction of the Improvements or to cause the payment of costs for construction of the City of Fort Worth, Texas Page 4 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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. (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 City of Fort Worth, Texas Page 5 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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. (g) Developer will not allow Developer's contractors to connect buildings to service lines of sewer and water mains constructed pursuant to this Agreement, if any, until said sewer, water mains and service lines have been completed to the satisfaction of the City. (h) Developer shall ensure the contractors are paid the City's wage rates in effect during construction of the Improvements. 10. Utilities Developer shall cause the installation or adjustment of utilities required to: (1) serve the Project; and (2) to construct the Improvements required herein. City shall not be responsible for payment of any costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with any of the Improvements to be constructed pursuant to this Agreement. 11. Easements and Rights -of -Way Developer agrees to provide, at its expense, all necessary rights -of -way and easements required for the construction and dedication to the City of the Improvements provided for by this Agreement. 12. Liability and Indemnification (a) DEVELOPER HEREBY RELEASES AND AGREES TO INDEMNIFY, DEFEND AND HOLD THE CITY HARMLESS FOR ANY INADEQUACIES IN THE PRELIMINARY PLANS, SPECIFICATIONS, ENGINEERING PLANS, AND COST ESTIMATES SUPPLIED BY THE DEVELOPER FOR THIS AGREEMENT. (b) THE DEVELOPER COVENANTS AND AGREES TO, AND BY THESE PRESENTS DOES HEREBY FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM ALL SUITS, ACTIONS OR CLAIMS OF ANYCHARACTER, WHETHERREAL ORASSERTED, BROUGHTFOR OR ONACCOUNT OFANYINJURIES OR DAMAGES SUSTAINED BYANYPERSONS, INCLUDING DEATH, City of Fort Worth, Texas Page 6 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 OR TO ANY PROPERTY, RESULTING FROM OR IN CONNECTION WITH THE CONSTRUCTION, DESIGN, PERFORMANCE OR COMPLETION OF ANY WORK TO BE PERFORMED BY SAID DEVELOPER, ITS CONTRACTORS, SUBCONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, OR IN CONSEQUENCE OF ANY FAILURE TO PROPERLY SAFEGUARD THE WORK, OR ONACCOUNT OFANYACT, INTENTIONAL OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID DEVELOPER, ITS CONTRACTORS, SUB -CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, WHETHER OR NOT SUCHINJURIES, DEATH OR DAMAGESARE CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS, SERVANTS, OR EMPLOYEES. (c) DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, SUITS OR CAUSES OF ACTION OF ANY NATURE WHATSOEVER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ON ACCOUNT OF ANY INJURIES OR DAMAGES TO PERSONS OR PROPERTY, INCLUDING DEATH, RESULTING FROM, OR INANY WAY CONNECTED WITH, THE CONSTRUCTION OF THE IMPROVEMENTS CONTEMPLATED HEREIN, WHETHER OR NOT SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS, SERVANTS, OR EMPLOYEES. FURTHER, DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES SUFFERED BY THE CITY OR CAUSED AS A RESULT OF SAID CONTRACTORS' FAILURE TO COMPLETE THE WORK AND CONSTRUCT THE IMPROVEMENTS IN A GOOD AND WORKMANLIKE MANNER, FREE FROM DEFECTS, IN CONFORMANCE WITH THE CFA ORDINANCE, AND 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 Page 7 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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 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: 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: D.R. Horton — Texas, LTD 6751 North Freeway Fort Worth, Texas 76131 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 Page 8 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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 Page 9 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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 Page 10 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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 Page 11 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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, DEVELOPER'SEMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Developer, shall have the right to immediately terminate this Agreement for violations of this provision by Developer. 30. Amendment No amendment, modification, or alteration of the terms of this Agreement shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by the City and Developer. 31. Assignment and Successors Developer shall not assign or subcontract all or any part of its rights, privileges, or duties under this Agreement without the prior written consent of City. Any attempted assignment or subcontract without the City's prior written approval shall be void and constitute a breach of this Agreement. 32. No Third -Party Beneficiaries The provisions and conditions of this Agreement are solely for the benefit of the City and Developer, and any lawful assign or successor of Developer, and are not intended to create any rights, contractual or otherwise, to any other person or entity. 33. Compliance with Laws, Ordinances, Rules and Regulations Developer, its officers, agents, servants, employees, and contractors, shall abide by and comply with all laws, federal, state and local, including all ordinances, rules and regulations of City. It is agreed and understood that, if City calls to the attention of Developer any such violation on the part of Developer or any of its officers, agents, servants, employees, or subcontractors, then Developer shall immediately desist from and correct such violation. 34. Signature Authority The person signing this Agreement on behalf of Developer warrants that he or she has the legal authority to execute this Agreement on behalf of the Developer, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The City is fully entitled City of Fort Worth, Texas Page 12 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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 for 50% of the cost of the lift station and 73% of the cost of the force main (and 50% for any line items that are for both the lift station and the force main) in amounts not to exceed $7,663,551.33 for construction costs, $153,271.03 for material testing costs, $3,792.60 for IPRC design review fees, and $384.78 for the public bidding advertisement. The remaining City Participation in the amount of $80,164.95 shall not be paid to Developer, but will be used by City to pay for the City's portion of construction inspection service fees, administrative material testing fees, and water lab testing fees. Developer shall be responsible for delineating between specific line items that are for the lift station versus specific line items that are for the force main. 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: Bid Summary CFWIDEV % DEV COST UNIT I: FORCE MAIN SEWER IMPROVEMENTS 73127 $1,604,906.84 UNIT II: LIFT STATION IMPROVEMENTS 50150 $3,324,358.78 Total Construction Bid $4,929,265.62 CITY COST TOTAL. $4.339.192.561 $5,944,099.40 $3,324,358.771 $6,648,717.55 $7,663,551.331 $12,592,816.95 (b) As construction of the Improvements commences, Developer will receive applications for payment from its contractor. Developer shall verify that each application for payment is due and payable under the construction contract between Developer and the contractor and that the Improvements that are the subject of the application for payment have been constructed. Developer shall submit payment requests to the City, in the form of an invoice, no more frequently than every ninety (90) days throughout the construction of the Improvements in order to obtain reimbursement of the City Participation (each a "Payment Request"). Each Payment Request shall be delivered to the City through the City's Ebuilder software system. The IPRC design review fees will be paid to Developer after the Improvements have been constructed and accepted by the City. (c) Each Payment Request may seek reimbursement for the City's share of the Improvements as set forth in subsection (a) that have been constructed. Commencing with the second Payment Request, Developer shall provide an affidavit of payment and lien release signed by the Developer's City of Fort Worth, Texas Page 13 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 contractor covering the amount of the previous Payment Request. Each affidavit and lien release shall verify Developer's payment to the contractor for the previous Payment Requests and the contractor's payment to all subcontractors and material suppliers of all amounts owed in connection with the previous Payment Requests. The City shall pay the amount of each Payment Request to Developer within 30 days after receiving the invoice. City shall have no obligation to pay Developer for the second Payment Request or any subsequent Payment Request until Developer provides the City with the affidavit of payment and lien release signed by Developer's contractor verifying Developer's payment to the contractor for the previous Payment Requests and the contractor's payment to all subcontractors and material suppliers of all amounts owed in connection with the previous Payment Requests. (d) In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable by any means whatsoever in any fiscal period for payments due under this Agreement, then the City will immediately notify Developer of such occurrence and this Agreement shall be terminated on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except to the portions of annual payments herein agreed upon for which funds shall have been appropriated. (e) 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. [REMAINDER OF PAGE INTENTIONALLY BLANK] City of Fort Worth, Texas Page 14 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 38 Cost Summary Sheet Project Name: Rock Creek Ranch Lift Station & Force Main Phase 2 CFA No. 24-0030 Ite ms A. Water and Sewer Construction 1. Water Construction 2. Sewer - Force Main (27%/73%) 3. Sewer - Lift Station (50%/50%) Water and Sewer Construction Total B. TPW Construction 1. Street 2. Storm Drain 3. Street Lights Installed by Developer 4. Signals TPW Construction Cost Total IPRC No. 23-0120 City Project No.105040 Developer's Cost` City's Cost Total Cost Total Construction Cost (excluding the fees) Estimated Construction Fees: C. Construction Inspection Service Fee D. Administrative Material Testing Service Fee E. Water Testing Lab Fee F. Material Testing Cost G. IPRC Design Review Fees H. Public Bidding Advertisement Total Estimated Construction Fees: TOTAL PROJECT COST Financial Guarantee Options, choose one Bond = 100% Cash Escrow Water/Sanitary Sewer= 125% Cash Escrow Pavinq/Storm Drain = 125% Letter of Credit = 125% $ 1,604,906.84 $4,339,192.56 $ 5,944,099.40 $ 3,324,358.78 $ 3,324,358.77 $ 6,648,717.55 $ 4,929,265.62 $ 7,663,551.33 $ 12,592,816.95 $ 4,929,265.62 $ 7,663,551.33 $ 12,592,816.95 $ 27,864.00 $ 75,336.00 $ 103,200.00 $ 1,786.05 $ 4,828.95 $ 6,615.00 $ - $ 153,271.03 $ 153,271.03 $ 15,170.40 $ 3,792.60 $ 18,963.00 $ 1,539.12 $ 384.78 $ 1,923.90 $ 46,359.57 $ 237,613.36 $ 283,972.93 $ 4,975,625.19 $ 7,901,164.69 $ 12,876,789.88 Choice Amount (Mark one) $ 4,929,265.62 I X $ 6,161,582.03 $ $ 6,161,582.03 *Residual PID Bond proceeds have been allocated for the PID capacity portion of this project. A payment request would need to be submitted to and processed by City staff, including the Financial Management Services Department. City of Fort Worth, Texas Page 15 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 IN WITNESS WHEREOF, the City and Developer have each executed this Agreement by their duly authorized signatories to be effective on the date executed by the City's Assistant City Manager. CITY OF FORT WORTH ,9ana Bur_gHdoff Dana Burghdoff (May , 02416:23 CDT) Dana Burghdoff Assistant City Manager Date: May 2, 2024 Recommended by: a-'d:=r Dwayne HoUa rs (May 1, 2024 08:34 CDT) Dwayne Hollars Contract Compliance Specialist Development Services Department Approved as to Form & Legality: Richard McCracken (May 1, 202413:36 CDT) Richard A. McCracken Sr. Assistant City Attorney M&C No. 24-0225 Date: 3/19/24 Form 1295: 2024-1121868 a444bn� a�., FORT 0a0, ATTEST: c° °o9.r$ Pvo �=d b .,�Qaxs Paan nezASaap Jannette Goodall City Secretary City of Fort Worth, Texas Standard Community Facilities Agreement with City Participation Rev. 4/2/20 DEVELOPER D.R. Horton - Texas, LTD., a Texas limited partnership By: D.R. Horton, Inc., a Delaware Corporation, its authorized agent By. :- Justin Bosworth Assistant Secretary Date: May 1, 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 (May 1, 2024 08:35 CDT) Rebecca Diane Owen Development Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 16 of 18 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-1: Street Lights and Signs Improvements ® Cost Estimates (Remainder of Page Intentionally Left Blank) City of Fort Worth, Texas Page 17 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 ATTACHMENT "I" Changes to Standard Community Facilities Agreement City Project No. 105040 None City of Fort Worth, Texas Page 18 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 MAPSO PAGE 746 COUNCIL DISTRICT NO. 6 NORTH NOT TO SCALE OWNER: D.R.HORTON 6751 NORTH FREEWAY FORT WORTH, TX 76131 CONTACT: JUSTIN BOSWORTH PHONE #: 817.230.0805 LOCATION MAP ROCK CREEK RANCH LIFT STATION & FORCE MAIN PHASE 2 DATE: 11 /28/2023 IPRC23-0120 CPN 105040 Vill ii;i! M�LA�ON 9800 HILLWOOD PARKWAY SUITE 250 FORT WORTH, TX 76177 CONTACT: BEN RAEF PHONE: 817-562-3350 EXISTING - LIFT STATION / ,Q I- W W '2 H Lu Z_ J H Q 75 EXISTING 18" SANITARY SEWER X-24440 LEGEND � J / r PROPOSED FORCE MAIN LINE EX SS - EXISTING SANITARY SEWER LINE NOTES: 1. ALL PROPOSED FORCE MAIN LINES ARE 24" UNLESS OTHERWISE NOTED. EXHIBIT Al - SEWER - 001 ll�"D OWNER: 0 NORTH 500' D.R.HORTON 6751 NORTH FREEWAY FORT WORTH, TX 76131 GRAPHIC SCALE CONTACT: JUSTIN BOSWORTH PHONE #: 817.230.0805 ROCK CREEK RANCH LIFT STATION & FORCE MAIN PHASE 2 DATE: 11 /28/2023 L I F. -N r_ Z m m N O ' O H W W 2 U) - 24" PVC W Z_ 'U H I PRC23-0120 CPN 105040 PELOTON i 11 . wr.mu.emwro" s 9800 HILLWOOD PARKWAY SUITE 250 FORT WORTH, TX 76177 CONTACT: BEN RAEF PHONE: 817-562-3350 0 0 H w w w z � ---- LEGEND D n JC' �— -----_ _ m zP m _m PROPOSED FORCE MAIN LINE Exss EXISTING SANITARY SEWER LINE NOTES: 1. ALL PROPOSED FORCE MAIN LINES ARE 24" UNLESS OTHERWISE NOTED. EXHIBIT Al - SEWER - 002 OWNER: 0 NORTH 500, D.R.HORTON 6751 NORTH FREEWAY FORT WORTH, TX 76131 GRAPHIC SCALE CONTACT: JUSTIN BOSWORTH PHONE #: 817.230.0805 94'_Pv_- EXISTING 36" SS CPN 101142 X-24701 ROCK CREEK RANCH LIFT STATION & FORCE MAIN PHASE 2 DATE: 11 /28/2023 IPRC23-0120 CPN 105040 iEEil PELOTON . w.ewem �wro� s 9800 HILLWOOD PARKWAY SUITE 250 FORT WORTH, TX 76177 CONTACT: BEN RAEF PHONE: 817-562-3350 Rock Creek Ranch Lift Station and Force Main Phase 2 C13N 105040 UNIT PRICE BID SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM 00 42 43 WV - 131D PROPOSAL Page I of3 Bidder's Application Project Item Information Bidder's Proposal Bidtist Item Description Specification Unit of Bid Unit Price Bid Value No. Section No Measure Quantity UNIT I: FORCE MAIN SEWER IMPROVEMENTS 1 3331.4317 24" Sewer Pressure Pipe 3311 10,33 LF 13779 $275.00 $3,789,225.00 2 3331.4321 24" DIP Pressure Sewer 3311 10 LF 385 $392.00 $150,920.00 3 3305.1108 48" Casing By Other Than Open Cut 33 05 22 LF 350 $1,400.00 $490,000.00 4 3339.1201 6' Manhole 33 39 10, 33 EA 1 $33,000.00 $33,000.00 5 3312.1004 4" Combination Air Valve Assembly for 33 12 30 EA 6 $60,000.00 $360,000.00 6 3312.6003 8" Blow Off Valve 33 12 60 EA 5 $26,565.00 $-132,825.00 7 0241.0100 Remove Sidewalk 0241 13 SY 53 $38.00 $2,014.00 8 3213.0301 4" Conc Sidewalk 32 1320 SY 53 $128.00 $6,784.00 9 0241.1000 Remove Conc Pvmt 02 41 15 SY 345 $.38.00 $13,110.00 10 6" 3213.0101 Conc Pvmt 32 13 13 SY 317 $127.00 $40,259.00 11 0241.1100 Remove Asphalt Pvmt 0241 15 SY 28 $153.00 $4,284.00 12 3201.0137 10' Wide As Pvmt Repair, Industrial 3201 17 LF 28 $177.00 $4,956.00 13 3213.0105 10" Conc Pvmt 32 13 13 SY 28 $128.00 $3,584.00 14 0241.2202 Remove 5' Sewer Manhole 0241 14 EA 1 $2,544.00 $2,544.00 15 3339.0061 Epoxy Manhole Liner 33 39 60 VF 16 $363.00 $5,808.00 16 3136.0104 Twisted Gabion Mattresses 31 36 00 CY 140 $414.00 $57,960.00 17 3311.0001 Ductile Iron Water Fittings w/ Restraint 3311 11 TON 13.3 $36,600.00 $486,011.40 18 3471.0001 Traffic Control 347 1 13 MO 1 $7,635.00 $7,635.00 19 9696,001 CSS Encasement for Utility Pipes 00 00 00 LF 410 $109.00 $44,690:00 20 3305.011 Utility Markers 33 05 26 LS 1 $6,006.00 $6,006.00 21 30 35.0109 Trench Safety 33 0510 LF 14164 $1.00 $111 4,164.00 22 9999.0001 Remove and Replace Gravel Road 0241 15 SY 13 $82.00 $1,066.00 23 0241.0500 Remove and Replace Fence 6241 13 LS 1 $7,763.00 $7.763.00 24 9999.0002 Temporary Fence 00 00 00 LS 1 $12,472.00 $12,472.00 25 6999.0004 Connect 24" PVC to 24" DIP 00 00 00 EA 1 $12,433.00 $12,433.00 26 9969.0005 Remove and Replace 4" Conc. Flume 32 1320 SY 12 $357.00 $4,284.00 27 9999.0006 Goose Neck w/ Odor Control 006000 EA 1 $12,522,00 $12,522.00 28 3303.0001 Bypass Pumping 33 03 10 LS 1 $58,537.00 $58,5137.00 29 9999.0007 Dirt Work for Lift Station Site Leveling 00 00 00 LS 1 $7,000.00 $7,000.00 30 9999.0008 Remove & Replace Security Fence & Gate 00 00 00 LF 50 $116.00 $5,800.00 31 9999.0009 Remove & Replace Ex. Blow -Off Valve 00 00 00 EA 1 $26,728.00 $26,728.00 32 3292.0400 Seeding, Hydromulch 32 92 13 SY 22965 $3.00 $68,895.00 33 3301.0002 Post -CCTV Inspection 3301 31 LF 14164 $5.00 $70,820.00 34 35 36 37 38 39 40 41 42 43 44 45 TOTAL UNIT I: FORCE MAIN SEWER IMPROVEMENTS $5,944,099.40 CITY OF FOR r WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMP.N t S - DEVELOPER AWARDED PROJECTS Form V,m= May 22, 2019 Addendum 3 00 42 43 Bid I'mp-I DAP Rock Creek Ranch lift Stnlion and Force Main Phase 2 CPN 105040 00 42 43 DAP - BID PROPOSAL Page 2 o r 3 UNIT II: LIFT ST_AT'ON_ IMPROVEMENTS 1 Excavation - Wet Well/ Meter Vault/ Yard Piping CY 1130 $10.00 $11,296.67 2 Structural Bedding - 24in below Wet Well/ Meter Vault CY 24 $261.00 $6,185.70 3 Structural Backfill CY 780 $261.00 $203,580.00 4 Gravel SF 4780 $10.00 $47,800.00 5 Grade Smooth SF 4780 $7.00 $33,460.00 6 Dewatering CY 119 $432.00 $51,200.64 7 Road/ concrete asphalt paving SF 825 $17.00 $14,025.00 8 60"x42" Access Hatch (Alum) with Fall Protection EA 3 $1,464.00 $4,392.00 9 36"x36" Access Hatch (Alum) with Fall Protection EA 1 $1,464.00 $1,464.00 10 36"x36" Access Hatch (Alum) grating, fabricated EA 4 $1,464.00 $5,856.00 11 Galvanized Steel Grating SF 370 $64.00 $23,680.00 12 Galvanized Steel Grating Supports L6x4x3/8 LF 80 $128.00 $10,240.00 13 Reinforced Cooncrete Slab on Grade - Electrical CY 10 $1,145.00 $11,450.00 14 Reinforced Cooncrete Slab on Grade - MCC CY 4 $1,145.00 $4,580.00 15 Reinforced Cooncrete Slab on Grade - Odor Control CY 3 $1,145.00 $3,435.00 16 Reinforced Cooncrete Slab on Grade - Utility CY 1 $1,145.00 $1,145.00 17 Cast -In -Place Concrete Wetwell/Valve Vault CY 176 $1,156.00 $202,942.54 18 14'x8' Precast Meter Vault (Intl. sump, base, etc) EA 1 $39,755.00 $39,755.00 19 Demo Existing Wall, 4'-O"x4'-O" Opening _- p 9 EA 1 $6,_363.00 $6,363.00 20 Core Drill (vent piping, discharge piping) EA 9 $1,273.00 $11,457.00 21 Electrical equip pad, shade canopy LS 1 $44,540.00 $44,540.00 22 Anchor, Inserts and Dowels LS 1 $29,687.00 $29,687.00 23 Aluminum 48"x48" Slide Gate with Operator EA 1 $25,451.00 $25,451.00 24 Joint Sealant LS 1 $6,363.00 $6,363.00 25 Painting SF 424 $64.00 $27,136.00 26 Coat Wet Well SF 2680 $25.00 $67,000.00 27 Identification/Signage LS 1 $1,273.00 $1,273.00 28 Submersible Sewage Pumps, 350 hp EA 2 $317,000.00 $634,000.00 29 Odor Control Unit and Associated Piping EA 1 $229,200.00 $229,200.00 30 Sump Pump EA 2 _ _... $12 725.00 $25 450.00 31 Adjusting and Balancing Odor Control System LS 1 $1,400.00 $1,400.00 32 IP 20" DProtecto 401 (Intl. Bends, Fittings, Installation) LF 100 $I,500.00 $150,000,00 33 24" DIP Protecto 401 (Intl; Bends, Fittings, Installation) LF 80 $1,690.00 $135,200.00 34 2" PVC Drain Line from Sump Pump LF 60 $123.00 $7,380.00 35 20" Magnetic Flowmeter EA 1 $71,264.00 $71,264.00 36 Link Seal EA 10 $580.00 $5,800.00 37 Level Floats LS 1 $1,528.00 $1,528.00 38 Level indicator/Transmitter LS 1 $4,454.00 $4,454.00 39 Pressure Transducer EA 2 $4,454.00 $8,908.00 40 Pipe Supports EA 12 $2,148.00 $25,776.00 41 ARV Assembly EA 4 $17.325.00 $69,300.00 42 Hose Bibb and Hose Rack EA 1 $4,806.00 $4,806.00 43 24" Gate Valve - HW Operator EA 4 $44,693.00 $178,772.00 44 20" Swing Check Valve EA 3 $36,421.00 $109,263.00 45 Odor Control Vents with Dampener EA 2 $35,893.00 $71,786.00 46 Pipe Testing LS 1 $9,545.00 $9,545.00 CITY OF FORT WORTH S I'ANDARD CONSTRUCTION SPECIFICAT ION DOCUMENTS - DEVELOPER AWARDED PRO1ECl S Fo— Vermm May 22, 20I9 Addendum 3 00 42 43 Bid Pmpo5a1 DAP Rock Creek Ranch Lift Station and Force Main Phase 2 00,1243 CPN 105040 DAP -]no PROPOSAL Page 3 of 3 47 Pump Control Panel LS 1 $53,448.00 $53,448.00 48 Soft -Start Drives EA 2 $82,717.00 $165,434.00 49 Site Electrical Equpment (Incl. SES, MCC, Power LS 1 $562,471.00 $562,471.00 50 Site Electrical Equpment (Incl. Conduit, Wire, Pullboxes, LS 1 $1,565,457.00 $1,565,457.00 51 System Integration LS 1 $223,970.00 $223,970.00 52 Stand-by Generator, 1250kW LS 1 $1,100,763.00 $1,100,763.00 53 Genetor Aluminum Handrail/Stairs LS 1 $35,632.00 $35,632.00 54 20" gate Valve - HW Operator EA 3 $31,687.00 $95 061.00 55 24" Gate valve (buried) - Nut Operator EA 4 $43,573.00 $174,292.00 56 6"BypassAssembly EA 4 $8,150.00 $32,600.00 57 58 59 TOTAL UNIT II: LIFT STATION IMPROVEMENTS $6,648,717.55 Bid Summary UNIT I: FORCE MAIN SEWER IMPROVEMENTS _ $5,944,099.40I UNIT II: LIFT STATION IMPROVEMENTS $6,648,717.55 Total Construction Rid $12,592,816.95 1 This Rid is submitted by the entity named below: BIDDER: BY: BRAD CATLETT W. S SERVICES LLC 351 W 351 1VOUTHLAI{E RLVD SOUTHLAKE, TX. 76092 TITLE: PREODENP DATE: 2/l/2024 Contractor agrees to complete WORI{ for FINAL ACCEPTANCE within CONTRACT commences to rum as provided in the General Conditions. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SI'EciFfCATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 275 working days after the date when the Addendum 3 00 42 43 Did Proposal DAP 3/20/24. 8:33 AM M&C Review CITY COUNCIL AGENDA Create New From This M&C DATE: 3/19/2024 REFERENCE NO.. CODE: C TYPE Official site of the City of Fort Worth, Texas FoRTWORTili **M&C 24- 60ROCK CREEK RANCH 0225 LOG NAME: LIFT STATION FORCE MAIN CFA PUBLIC CONSENT HEARING: NO SUBJECT: (CD 6) Authorize Execution of a Community Facilities Agreement with D.R. HORTON- TEXAS, LTD., with City Participation in an Amount Up to $7,901,164.69 for Oversizing the Rock Creek Ranch Lift Station and Oversizing a 24-Inch Parallel Sanitary Sewer Force Main Located in Southwest Fort Worth, and Adopt Appropriation Ordinances 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: 1. Authorize the execution of a Community Facilities Agreement with D.R HORTON-TEXAS, LTD., with City participation in the amount up to $7,901,164.69 for oversizing the Rock Creek Ranch lift station and oversizing a 24-inch force main located in southwest Fort Worth; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water and Sewer Community Facilities Agreements Fund in the amount of $2,340,000.00, from available funds, for the purpose of funding the Community Facilities Agreements Bucket programmable project (City Project No. P00001) to fund the CFA-Rock Creek Ranch Lift Station project (City Project No. 105040); 3. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Water and 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 $900,000.00 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 Rock Creek Ranch lift station project (City Project No. 105040); and 4. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Water and Sewer Capital Project 2019 Fund by increasing estimated receipts and appropriations in the Community Facilities Agreement Bucket programmable project (City Project No. P00001) in the amount of $6,193,875.00 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 Rock Creek Ranch lift station project (City Project No. 105040) and to effect a portion of Water's contribution to Fiscal Years 2024-2028 Capital Improvement Program. DISCUSSION: D.R HORTON-TEXAS, LTD., (Developer) is constructing sewer improvements in connection with the Rock Creek Ranch Phase 2 development project located west of Chisholm Trail Parkway and north of Farm to Market 1187. These sewer improvements will provide missing capacity for Public Improvement District No. 17 - Rock Creek Ranch (the PID) in accordance with Fort Worth City Secretary Contract No. 59409 and additional capacity for denser development than was envisioned when the PID was originally established. The City is participating in the project to oversize the lift station and oversize approximately 14,164 linear feet of 24-inch parallel force sewer main for the City's long-term service planning area outside the PID. The construction cost for the lift station is estimated to be allocated at 50\% for the Developer and 50\% for the City and the force main is estimated to be apps.cfwnet.org/counci I_packet/mc_review.asp? I D=31932&counci ddate=3/19/2024 1 /4 3/20/24. 8:33 AM M&C Review allocated at 27\% for the Developer and 73\% for the City. The Rock Creek Ranch lift station and force main project is assigned City Project No. 105040 and Accela System Record IPRC23-0120. The project has been publicly bid. The City's cost participation in oversizing the lift station and sewer main is estimated to be in an amount not to exceed $7,901,164.69 as shown in the table below. Payments to the Developer are estimated to be $7,663,551.33 for construction costs, $3,792.60 for Infrastructure Plan Review Center (IPRC) fees, $384.78 for public bid advertisement, and $153,271.03 for material testing costs. The City's cost participation also includes $80,164.95 to cover the City's portion of construction inspection service fees and administrative material testing fees. An additional $1,532,710.27 in contingency funds will cover the City's portion of any change orders. The following table shows the cost -sharing breakdown for the project between all parties: A. Public Improvements 11. Sewer- Force Main (27\%/73\%) 12. Sewer- Lift Station (50\%/50\%) Total Sewer Improvements Water Contingency 1B. Inspections & Testing 11. Construction Inspection Fee 12. Admin Material Testing Fee 13. Material Testing Cost 14. Water Lab Fee 15. IPRC Plan Rev Fees 16. Public Bidding Advertisement Total Project Cost Developer City Cost Cost Total Cost $1,604,906.84$4,339,192.56 $5,944,099.401 $3,324,358.78 $3,324,358.77 $6,648,717.551 $4,929,265.62 $7,663,551.33 $12,592,816.951 $0.00$1,532,710.27 $1,532,710.271 $27,864.00 $75,336.00 1 $103,200.001 $1,786.05 $4,828.95 $6,615.001 $0.00 $153,271.03 $153,271.031 $0.00 $0.00 $0.001 $15,170.40 $3,792.60 $18,963.001 $1,539.12 $384.78 $1,923.901 $4,975,625.19 $9,433,874.96 $14,409,500.141 *Numbers will be rounded up for accounting purposes. **Developer costs for the sewer improvements will be offset by an estimated $263,797.48 in residual funds from the sale of 2017 Major Improvement bonds backed by PID assessments and $17,378.57 in previous developer contributions collected when the first part of the PID sewer improvements were built. Walton Development & Management TX, LLC, which sponsored the PID and is responsible for ensuring construction of the missing PID sewer capacity per CSC 59409 has consented to use of these residuals for these sewer improvements. 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: 60ROCK CREEK RANCH LIFT STATION FORCE MAIN CFA Capital project Fund Name Name FY2024 C I P Appropriations Authority Budget Revised Adjustment FY2024 Budget apps.cfwnet.org/counci I_packet/mc_review.asp? I D=31932&counci (date=3/19/2024 2/4 3/20/24, 8:33 AM M&C Review W&S 105040- Community CFA Facilities Rock Agmt- Creek Fund Ranch 56008 lift stat 105040- W&S CFA Capital Proj 2018- Rock Creek Fund F Ranch 56014 lift stat 105040- WS Capital CFA Project Rock 2019- Creek 56016 Ranch lift stat $0.00 This M&C $2,340,000.00 $2,340,000.00 $0.00 This M&C $900,000.00 $900,000.00 $0.00 This M&C $6,193,875.00 $6,193,875.00 Funding is currently available in the Unspecified -All Funds project within the W&S Community Facilities Agmt Fund, the W&S Capital Proj 2018 Fund, and the WS Capital Project 2019 Fund for the purpose of funding the CFA- Rock Creek Ranch lift stat project. Funding for the Community Facility Agreement (CFA) — Rock Creek Ranch lift stat project as depicted in the table below: Fund W&S Community Facilities Agmt- Fund 56008 W&S Capital Proj 2018- Fund 56014 WS Capital Project 2019 - Fund 5616 Existing Additional project Total* Appropriations Appropriations $0.00 $2,340,000.00 $2,340,000.00 $0.00 $900,000.00 $900,000.00 $0.00 $6,193,875.00 $6,193,875.00 Project Total $0.00 $9,433,875.00 $9,433,875.00 *Numbers rounded for presentation purposes. BUSINESS EQUITY -Acadia Services, LLC is in compliance with the City's Business Equity Ordinance by committing to 13\% MWBE participation on this project. The City's MWBE goal on this project is 13\%. This project is located in COUNCIL DISTRICT 6. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are currently available in the Unspecified - All Funds project within the W&S Community Facilities Agmt Fund, the W&S Capital Proj 2018 Fund, and the WS Capital Project 2019 Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the W&S Community Facilities Agmt Fund, the W&S Capital Proj 2018 Fund, and the WS Capital Project 2019 Fund for the CFA- Rock Creek Ranch lift stat project to support the approval of the above recommendations and execution of apps.cfwnet.org/counci I_packet/mc_review.asp? I D=31932&counci (date=3/19/2024 3/4 3/20/24, 8:33 AM M&C Review 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_ Fernando Costa (6122) Originating Department Head: Chris Harder (5020) Additional Information Contact: Suby Varughese (8009) Melissa Harris (8428) ATTACHMENTS 105040 Rock Creek Ranch Lift Station & Force Main Comp Memo Sianed RL.pdf (CFW Internal) 2024-2-8 IPRC23-0120 Form 1295-RCR FM and LS.pdf (CFW Internal) 60ROCK CREEK RANCH LIFT STATION FORCE MAIN CFA funds availabilitv.pdf (CFW Internal) 60ROCK CREEK RANCH LS AND FM CFA FID Table (WCF 02.26.24).xlsx (CFW Internal) ORD.APP 60ROCK CREEK RANCH LIFT STATION FORCE MAIN CFA 56008 A024(r2).docx (Public) ORD.APP 60ROCK CREEK RANCH LIFT STATION FORCE MAIN CFA 56014 A024(r3).docx (Public) ORD.APP 60ROCK CREEK RANCH LIFT STATION FORCE MAIN CFA 56016 A024(r4).docx (Public) pbs cpn 105040.pdf (CFW Internal) Rock Creek Forcemain Exhibit.pdf (CFW Internal) apps.cfwnet.org/counci I_packet/mc_review.asp? I D=31932&counci ddate=3/19/2024 4/4