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Contract 62004
Received Date: 9/18/2024 Received Time: 11:39 a.m. Developer and Project Information Cover Sheet: Developer Company Name: Pulte Homes of Texas L.P. Address, State, Zip Code: 9111 Cypress Waters Blvd, Suite 100, Coppell, TX 75019 Phone & Email: 972-304-2800; Marc.zett(&multearoun.com Authorized Signatory, Title: Marc Zett, Division Director of Land Development Project Name: Parks at Village Creek Brief Description: Water and Sewer Project Location: Located between the intersection of FM 1187 and Oak Grove Rd and FM 1187 and Redbird Ln Plat Case Number: PP-22-061 Plat Name: Parks at Village Creek Mapsco: 120 J L and K Council District: 8 CFA Number: 24-0073 City Project Number: 104841 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: 62004 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 Pulte Homes of Texas L.P. ("Developer"), a Texas limited partnership, 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 Parks at Village Creek ("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 $202,388.69 to enlarge the scope of the Improvements beyond what Developer is responsible for constructing by oversizing a 12-inch water main to a 16-inch water main as authorized by City Council through approval of M&C 24-0512 on June 11, 2024 ("City Participation"); and WHEREAS, the City Participation includes reimbursement to Developer in an amount not to exceed $190,743.69 for construction costs. The remaining City Participation in the amount of $11,645.00 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 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: OFFICIAL RECORD City of Fort Worth, Texas CITY SECRETARY Page 2 of 18 Standard Community Facilities Agreement with City Participation FT. WORTH, TX Rev. 4/2/20 1. CFA Ordinance The Community Facilities Agreements Ordinance ("CFA Ordinance"), as amended, is incorporated into this Agreement by reference, as if it was fully set forth herein. Developer agrees to comply with all provisions of the CFA Ordinance in the performance of Developer's duties and obligations pursuant to this Agreement and to cause all contractors hired by Developer to comply with the CFA Ordinance in connection with the work performed by the contractors. If a conflict exist between the terms and conditions of this Agreement and the CFA Ordinance, the CFA Ordinance shall control. 2. Incorporation of Engineering Plans The engineering plans for the Improvements that have been approved by the City ("Engineering Plans") are incorporated into this Agreement by reference as if fully set out herein. Developer shall provide at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to construct the Improvements required by this Agreement. 3. Description of Improvements; Exhibits and Attachments The following exhibits describe the general location, nature and extent of the Improvements that are the subject of this Agreement and are attached hereto and incorporated herein by reference: ❑X Exhibit A: Water ® Exhibit A-1: Sewer ❑ Exhibit B: Paving ❑ Exhibit B-1: Storm Drain ❑ Exhibit C: Street Lights & Signs ❑ Exhibit C-1: Traffic Signal & Striping 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, 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 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 City of Fort Worth, Texas Page 3 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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 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. City of Fort Worth, Texas Page 4 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 (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 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 City of Fort Worth, Texas Page 5 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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 ANY CHARACTER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ONACCOUNT OFANYINJURIES OR DAMAGES SUSTAINED BYANYPERSONS, 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 ANYACT, INTENTIONAL OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID DEVELOPER, ITS CONTRACTORS, SUB -CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, WHETHER OR NOT SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE City of Fort Worth, Texas Page 6 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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 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 City of Fort Worth, Texas Page 7 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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 100 Fort Worth Trail Fort Worth, Texas 76102 With copies to: City Attorney's Office City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 and City Manager's Office City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 DEVELOPER: Pulte Homes of Texas L.P. 9111 Cypress Waters Blvd, Suite 100 Coppell, TX 75019 Or to such other address one party may hereafter designate by notice in writing addressed and mailed or delivered to the other party hereto. 17. Right to Audit Developer agrees that, until the expiration of three (3) years after acceptance by the City of the Improvements constructed pursuant to this Agreement, that the City shall have access to and the right to examine any directly pertinent books, documents, papers and records of the Developer involving transactions relating to this Agreement. Developer agrees that the City shall have access during normal working hours to all necessary Developer facilities and shall be provided adequate and appropriate City of Fort Worth, Texas Page 8 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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 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. City of Fort Worth, Texas Page 9 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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. 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 City of Fort Worth, Texas Page 10 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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. 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 City of Fort Worth, Texas Page 11 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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 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. City of Fort Worth, Texas Page 12 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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 an amount not to exceed $190,743.69 for construction costs. The remaining City Participation in the amount of $11,645.00 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. 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: City Participation Exhibit- Parks of Wlage Creek IPRC23-0035 CPN 104841 Unit of Qtv CF'W Unit Price Difference (16"-12") Total Measure 12" PVC Water Line LF 5195.00 5 160-00 5160- 5165= $5.00 $ 25,975-00 1 16" PVC Water Line 5 165-00 112" DIP Water Line LF 116.00 5 138-87 $167-73- 5138-87= $28-86 $ 3347-76 1 16" DIP Water Line 5 167-73 1 24" Casing by Open Cut 5 101-15 I30" Casing by Open Cut LF 116.OD 5 318.98 $318-98- $101-15= $217-83 $ 25,268-28 11211 Gate Valve EA 9.00 5 2,390-16 $14,029.23- $2,390.16= $11.639.07 $ 104,751.63 1 16" Crate Valve & vault 5 14,029-23 1 12" Ductile Iron Fittings w restraint 14. 1 TONS 5 6,750-00 1-71 Tons- 1-14 Tons-57 Tans 5 3,871-13 116" Ductile Iron Fitting whestraint 1-71 I12"Pressure Plug EA 1-00 5 1,153-26 $1-000-$1,15326=-153.26 $ - 1 16" Pressure Plug 5 1,000-00 I Imported Embedment (12" WL) CSS CY 44-40 5 87-02 54-60 CY44-40 CY= 10-20 CY 5 887-60 1 Imported Embedment (16" WL) CSS 54-60 16" Blow off Valve ("100%city cost) EA 1-00 5 11,475.17 $11,475.17 (100% City) 5 11,475-17 12" Combination Air Release Valve (•10060 cost) EA 2-00 5 7,583.56 $7,583.56 (100% City) $ 15,167-12 1 $ 190,743.69 (b) City and Developer have agreed to the City Participation amounts and method of calculation contained in the table in subsection (a) above. By executing this Agreement, Developer agrees that Developer shall not receive any additional reimbursement for oversizing the water main that exceeds the $190,743.69 in City Participation in this Agreement. Developer waives any claim for any additional City Participation, regardless of the cost Developer's contractor charges Developer for oversizing the water main. (c) In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable by any means whatsoever in any fiscal period for payments due under this Agreement, then the City will immediately notify Developer of such occurrence and this Agreement shall be terminated on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except to the portions of annual payments herein agreed upon for which funds shall have been appropriated. City of Fort Worth, Texas Page 13 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 (d) Substantial completion of the Improvements shall occur after Developer's Contractors notify the City that the Improvements are constructed and ready for their intended use, the City and Developer's Contractor inspect the Improvements, and the City concurs that the Improvements are substantially complete. This Agreement does not provide for any retainage to be withheld from the City Participation. [REMAINDER OF PAGE INTENTIONALLY BLANK] City of Fort Worth, Texas Page 14 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 Project Name: Parks at Village Creek CFA No. 24-0073 Ite ms A. Water and Sewer Construction 1. Water Construction 2. Sewer Construction Water and Sewer Construction Total 38 Cost Summary Sheet IPRC No. 23-0035 City Project No. 104841 Developer's Cost City's Cost Total Cost �$ 1,237,135.89 $ 190,743.69 $ 1,427,879.58 $ 668,766.06 $ - $ 668,766.06 $ 1,905,901.95 $ 190,743.69 $ 2,096,645.64 B. TPW Construction 1. Street $ $ $ 2. Storm Drain $ $ $ 3. Street Lights Installed by Developer $ $ $ 4. Signals $ $ $ TPW Construction Cost Total $ $ $ Total Construction Cost (excluding the fees): $ 1,905,901.95 $ Estimated Construction Fees: C. Construction Inspection Service Fee $ 22,500.00 $ D. Administrative Material Testing Service Fee $ 4,165.00 $ E. Water Testing Lab Fee $ 540.00 $ F. Material Testing Cost TBD 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% Escrow Aqreement = 125% Letter of Credit = 125% 190,743.69 $ 11,400.00 �$ 245.00 �$ $ 27,205.00 $ 11,645.00 $ $ 1,933,106.95 '$ 202,388.69 $ Choice (Mark Amount one) $ 2,096,645.64 I X 2,096,645.64 33,900.00 4,410.00 540.00 38,850.00 2,135,495.64 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 �Lir% Dana Burghdoff (Sep 7, 2024145 CDT) Dana Burghdoff Assistant City Manager Date: Sep 17, 2024 Recommended by: M=01100� Bichson Nguyen Contract Compliance Specialist Development Services Department Approved as to Form & Legality: Richard McCracken (Sep 16, 202422:09 CDT) Richard A. McCracken Sr. Assistant City Attorney M&C No. 24-0512 Date: June 11.2024 Form 1295: 2024-1158298 p o�Fonr�a�d ATTEST: a" 0 � a�° �°9°0 d pv =Sp �,nm�. A .tih�Smx� adap�nEXPso4`� Jannette Goodall City Secretary City of Fort Worth, Texas Standard Community Facilities Agreement with City Participation Rev. 4/2/20 DEVELOPER Pulte Homes of Texas L.P. By: Pulte Nevada I LLC a Delaware limited liability company Its General Partner Marc Z tt (Sep 13, 202416:32 CDT) Marc Zett Division Director of Land Development Date: Sep 13, 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. —UI/A\ Rebecca Owen (Sep 15, 202413:29 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: Street Lights and Signs Improvements ❑ Exhibit C-1: Traffic Signal and Striping 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. 104841 Negotiated changes are contained in the body of this Agreement. City of Fort Worth, Texas Page 18 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 w RISE almll — min i HOf GE H f Tract OD03 W REBECCA PAREDEZ CC# D217142520 0.P.R.T.C.T. L_ TODD L DUNHAM CC# D212058870 0.P.R.T.C.T. VISTA OAK BLVD FIREWORKS SUPERMARKETS OF FORT WORTH LLC 3580 FM RD 1187 HOALDR/DGE CAROLYN B 3540 FM RD 1187 SEVEN OAKS—FW LTD. CC# D21520383J O.P.R.TC.T FERNANDO GUITERREZ CC# D219141526 0.P.R.T.C.T. FM 1187 INTELL/ LLC CC# D215064520 0.P.R.T.C.T. PRA TER ENERG & DEVELOPMENT LC CC# D218135 35 0. P. R. T C. MAPSCO NO. TAR-1201, 120L & 120K DISTRICT #8 OWNER/DEVELOPER PARKS OF VILLAGE CREEK JIMMY CARACHEO OFFSITE WATER & PULTE HOMES OF TEXAS LP 9111 CYPRESS WATERS BLVD, SUITE 100 SEWER EXTENSION COPPELL, TEXAS 75019 CPN 104841 972-304-2800 COPYRIGHT U2023 BY SHIELD ENGINEERING GROUP PLLC. TBPE F-11039 R TBPLS 10193890 I F, BE FAST DRYWALL INC CC# D419044557 U.�'.K.T.C.T. PROJECT LOCATION PARKS OF VILLAGE CRLEK LLC W CC# D2211697L2 Z, PROJECT LOCATION H—I SHIELD ENGINEERING GROUP nre Rr wa�ar•�ru �r �imm� O 0 600 1200 1800 f_ GRAPHIC SCALE IN FEET DATE: AUG. 2024 CONSULTANT KEVIN GLUAB, P.E. SHIELD ENGINEERING GROUP, PLLC 1600 W 7TH ST, SUITE 400 VICINITY MAP FORT WORTH, TX 76102 817-810-0696 t IM0_3 CONNECT TO W EXIST 16" WL Q X-22975 EXIST GATE VALVE EXIST 16" WL X-22975 LEGEND PROP 16" WATERLINE PROP FIRE HYDRANT PROP GATE VALVE EXIST WATER LINE TODD L DUNHAM \ CC# D212058870 0. P. R. T. C. T. FERNANDO GUITERRE CC# D219141526 VISTA OAK BLVD ' O.P.R.TC.T EXIST FIRE XISTING HYDRANT FIREWORKS — s SUPERMARKETS OF FORT WORTH LLC 3580 FM RD 1187 EXIST GATE VALVE HOALDRID�_ _AHOLYN B 3540 FM RD 1187 INTELLI LLC CC# D215064520 0.P.R.T.C.T. MAPSCO NO. TAR-1201, 120L & 120K DISTRICT #8 OWNER/DEVELOPER PARKS OF VILLAGE CREEK JIMMY CARACHEO PULTE HOMES OF TEXAS LP OFFSITE WATER & 9111 CYPRESS WATERS BLVD, SUITE 100 SEWER EXTENSION COPPELL, TEXAS 75019 972-304-2800 C P N 104841 COPYRIGHT ©2023 BY SHIELD ENGINEERING GROUP PLLC. TBPE F-11039 R TBPLS 10193890 w BE FAST DRYWALL INC CC# D419044557 I PARKS OF VILLAGE CFZEEK LLC CC# D221169 -2 Ll CONSULTANT KEVIN GLUAB, P.E. SHIELD ENGINEERING GROUP, PLLC 1600 W 7TH ST, SUITE 400 FORT WORTH, TX 76102 817-810-0696 qkl SHIELD ENGINEERING GROUP men w.nw- wuw O 0 600 1200 1800 I _ GRAPHIC SCALE IN FEET DATE: AUG. 2024 EXHIBIT A WATER PLAN I � U) U) REBECCA PAREDEZ CC# D217142520 N INTELLI LLC PARKS OF VILLAGE CREEK LLC 0. P. R. T C. T CC# D215064520 CC# D221169762 CONNECT TO O.P.R.T.C.T. O.P.R.T.C.T. EXIST U EXIST 27" SS PROP SIPHON BOX / 42" SS X-19041 X-22975 1187 PROPERTIES, LLC s INST. NO. D221 J56286 S 0. P. R. T.C.T. j EXIST 8" SS � X-22975 U) v U) U J SEVEN OAKS-FW N �- PRAYER ENERGY & LTD. p DEVELOPMENT LLC a CC# D215203833 67 o) CC# D218135335 O.P.R.T.C.T. w X O.P.R.TC.T / MAPSCO NO. TAR-1201, 120L & 120K SHIELD DISTRICT #8 ENGINEERING GROUP LEGEND PROP 12" SANITARY SEWER LINE PROP SANITARY SEWER MANHOLE • O 0 100 200 300 EXIST SANITARY SEWER LINE �- GRAPHIC SCALE IN FEET EXIST SANITARY SEWER MANHOLE • DATE: AUG. 2024 OWNER/DEVELOPER PARKS OF VILLAGE CREEK CONSULTANT JIMMY CARACHEO OFFSITE WATER & KEVIN GLUAB, P.E. PULTE HOMES OF TEXAS LP SHIELD ENGINEERING GROUP, PLLC EXHIBIT Al 9111 CYPRESS WATERS BLVD, SUITE 100 SEWER EXTENSION 1600 W 7TH ST, SUITE 400 COPPELL, TEXAS 75019 CPN 104841 FORT WORTH, TX 76102 SANITARY SEWER PLAN 972-304-2800 817-810-0696 COPYRIGHT ©2023 BY SHIELD ENGINEERING GROUP PLLC. TBPE F-11039 R TBPLS 10193890 CFA QTO Matrix DAP-BIDPROPOSAL Page] of4 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Description Specification I Unit of I Bid Unit Price Bid Value No. Section No. Measure Quantity UNIT I: WATER IMPROVEMENTS 1 3312.0106 Connection to Existing 16" Water Main 33 12 25 EA 1 $10,208.00 $10,208.00 2 3311.0541 16" Water Pipe 3311 10,33 LF 5195 $151.68 $787,977.60 3 3305.0202 Imported Embedment/Backfill, CSS 33 05 10 CY 54.6 $148.81 $8,125.03 4 3311.0551 16" DIP Water 3311 10 LF 116 $182.05 $21,117.80 5 3312.3006 16" Gate Valve 33 12 20 EA 9 $23,508.00 $211,572.00 6 3305.1005 30" Casing By Open Cut 33 05 22 LF 116 $338.20 $39,231.20 7 10241.1106 16" Pressure Plug 0241 14 EA 1 $1,200.00 $1,200.00 8 13312.1002 2" Combination Air Valve Assembly for WatE=33 12 30 EA 3 $4,808.00 $14,424.00 9 3312.6002 6" Blow Off Valve 331260 EA 1 $7,185.00 $7,185.00 10 3311.0001 Ductile Iron Water Fittings w/ Restraint 3311 11 TON 1.713 $55,812.00 $95,605.96 11 3312.0001 Fire Hydrant 33 12 40 EA 1 $8,680.00 $8,680.00 12 3137.0104 6" Medium Stone Riprap, dry 31 37 00 SY 995 $165.00 $164,175.00 13 Trench Safety 33 05 10 LF 5311 $1.00 $5,311.00 14 I3305.01109 3305.0110 Utility Markers 33 05 26 LS 12 $450.00 $5,400.00 15 3471.0013 Traffic Control 3471 13 MO 1 $5,542.00 $5,542.00 16 3201.0117 10' Wide Asphalt Pvmt Repair, Residential 3201 17 LF 27 $63.00 $1,701.00 17 3201.0614 Conc Pvmt Repair, Residential 32 01 29 SY 68 $68.00 $4,624.001 19 13110.0105 24" and Larger Tree Removal 31 1000 EA 1 $7,500.00 $7,500.001 20 19999.0000 Remove & Replace Fence 00 00 00 LF 284 $25.00 $7,100.001 21 9999.0000 Gravel Drive Repair, Residential 00 00 00 SY 117 $30.00 $3,510.001 22 9999.0000 Flexamat - Pipeline Armoring 00 00 00 SY 275 $48.40 $13,310.001 23 9999.0000 SWPPP 00 00 00 LS 1 $4,380.00 $4,380.001 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 TOTA . UNIT I: WATER IMPROVEMENTS $1,427,879.581 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER AWARDED PROJECTS Form Version May 22. 2019 00 42 43_Bid Proposal DAP_R" UNIT PRICE BID SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Project Item Information CFA QTO Matrix DAP - BID PROPOSAL Page 2 or4 Bidder's Application Bidder's Proposal Bidlist Item Description I I Specification I Unit of I Bid Unit Price No. Section No. Measure Quantity UNIT IB: WATER IMPROVEMENTS (ALT 12" - FOR CITY CALCULATION ONLY) 2A 12" Water Pipe 3311 10,33 LF 5195 $91.30 4A 13311.0441 3311.0451 12" DIP Water 3311 10 LF 116 $144.20 5A 13312.3005 12" Gate Valve 33 12 20 EA 9 $3,860.00 6A 24" Casing By Open Cut 33 05 22 LF 116 $302.00 7A 13305.1004 0241.1118 4"-12" Pressure Plug 0241 14 EA 1 $820.00 10A 13311.0001 Ductile Iron Water Fittings w/ Restraint 3311 11 TON 1.139 $32,152.00 TOTAL UNIT IB: WATER IMPROVEMENTS (ALT 12" - FOR CITY CALCULATION ONLY) CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 Bid Value $474,303.50 1 $16,727.20 1 $34,740.00 1 $35,032.00 1 $820.00 1 $36.621.131 $598,243.83 1 00 42 43_Bid Proposal_DAP_Rev SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Project Item Information Bidlist Item Description l I Specification No. Section No. UNIT II: SANITARY SEWER IMPROV 1 3331.4208 12" Sewer Pipe 3311 10,33 2 3331.4209 12" Sewer Pipe, CSS Backfill 33 11 10, 33 3 3331.4121 8" DIP Sewer Pipe, CSS Backfill 3311 10 4 3331.4112 6" DIP Sewer Pipe, CSS Backfill 3311 10 5 3305.1002 20" Casing By Open Cut 33 05 22 6 3339.1105 5' Type A Manhole 33 39 10, 33 7 3339.1001 4' Manhole 33 39 10 8 3339.0001 Epoxy Manhole Liner 33 39 60 9 3301.0101 Manhole Vacuum Testing 33 01 30 10 3137.0104 Medium Stone Riprap, dry 31 37 00 11 3305.0109 Trench Safety 33 05 10 12 3305.0110 Utility Markers 33 05 26 13 3301.0002 Post -CCTV inspection 33 01 31 14 3303.0001 Bypass Pumping 33 03 10 15 9999.0000 Concrete Siphon Box A 00 00 00 16 9999.0000 Concrete Siphon Box B 00 00 00 17 9999.0000 Flexamat - Pipeline Armoring 00 00 00 18 9999.0000 6" Gravel Access Drive 00 00 00 19 9999.0000 Odor Control Unit 00 00 00 20 9999.0000 Concrete Pad for Odor Control 00 00 00 21 9999.0000 SW PPP 00 00 00 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 CFA QTO Matrix DAP -BIDPROPOSAL Page 3 of 4 Bidder's Application Bidder's Proposal Unit of Measure Bid Quantity Unit Price Bid Value MENTS LF 584' $84.49' $49,342.16 LF 20 $145.30 $2,906.00 LF 164 $132.28 $21,693.92 LF 164 $115.68 $18,971.52 LF 160 $265.43 $42,468.80 EA 1 $17,905.00 $17,905.00 EA 2 $6,430.00 $12,860.00 VF 24 $459.00 $11,016.00 EA 3 $350.00 $1,050.00 SY 171 $165.00 $28,215.00 LF 772 $2.00 $1,544.00 LS 3 $225.00 $675.00 LF 772 $3.00 $2,316.00 LS 1 $191,683.00 $191,683.00 EA 1 $93,015.28 $93,015.28 EA 1 $93,015.28 $93,015.28 SY 290 $63.09 $18,296.10 SY 1900 $17.52 $33,288.00 EA 2 $11,562.50 $23,125.00 EA 2 $500.00 $1,000.00 LS 1 $4,380.00 $4,380.00 TOTAL UNIT II: SANITARY SEWER IMPROVEMENTS CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Fmm Version May 22, 2019 $668, 766.06 00 42 43. Bid Proposal_DAP_Rev CFA QTO Matrix DAP -BID PROPOSAL Page,tof 4 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item I Description Specification I Unit of Bid No. Section No. Measure QuantityUnit Price Bid Value Bid SummarF TOTAL UNIT I: WATER IMPROVEMENTS $1,427,879.58 TOTAL UNIT II: SANITARY SEWER IMPROVEMENTS $668,766.06I Total Construction Bid $2,096,645.641 This Bid is submitted by the entity named below: BIDDER: Contractor agrees to complete WORK for FINAL ACCEPTANCE within CONTRACT commences to run as provided in the General Conditions. BY: TITLE: S�j ✓ DATE: 90 working days after the date when the END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form V mion May 22, 2019 00 42 43_Bid Proposa1_DAP_Re City of Fort Worth, Texas Mayor and Council Communication DATE: 06/11/24 M&C FILE NUMBER: M&C 24-0512 LOG NAME: 60PARKS OF VILLAGE CREEK OFFSITE WATER IMPROVEMENTS SUBJECT (ETJ near CD 8) Authorize Execution of a Community Facilities Agreement with PULTE HOMES OF TEXAS, L.P., with City Participation in an Amount Not to Exceed $206,203.56 for Oversizing a 12-Inch Water Main to a 16-Inch Water Main for Future Anticipated Growth in South 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: 1. Authorize the execution of a Community Facilities Agreement with PULTE HOMES OF TEXAS, L.P., with City participation in an amount not to exceed $206,203.56 for oversizing a 12-inch water main to a 16-inch water main for future anticipated growth in south Fort Worth; and 2. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Water & Sewer Bond 2020A Fund by increasing estimated receipts and appropriations in the Community Facilities Agreement Bucket programmable project (City Project No. P00001) in the amount of $244,353.00 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 — Parks of Village Creek off (City Project No.104841) and to effect a portion of Water's contribution to the Fiscal Years 2024-2028 Capital Improvements Program. DISCUSSION: PULTE HOMES OF TEXAS, L.P., (Developer) is constructing the Parks of Village Creek development project located south of Farm Market Road 1187 and west of Redbird Ln. The City is participating in the project to oversize approximately 5,228 linear feet of a 12-inch water main to a 16-inch water main Parks of Village Creek Development and for anticipated future growth in the area. The Parks of Village Creek Offsite Water and Sewer project is assigned City Project No. 104841 and Accela System Record IPRC23-0035. In accordance with Chapter 212, Subchapter C of the Texas Local Government Code, the City's participation in the contract is exempt from competitive bidding requirements because the contract is for oversizing public improvements being constructed by the Developer, the Developer will execute a performance bond to cover the total project cost, including all of the City's cost participation, and the City's cost participation will be determined in accordance with the City's community facilities agreement (CFA) unit price ordinance. The City's cost participation in oversizing of the water main is estimated to be in an amount not to exceed $206,203.56 as shown in the table below. Payments to the Developer are estimated to be $190,743.69 for construction costs and $3,814.87 for material testing costs. The City's cost participation also includes $11,645.00 to cover the City's portion of construction inspection service fees, administrative material testing fees, and water lab testing fees. An additional $38,148.74 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 11. Water 12. Sewer (Water Contingency IB. Inspections & Testing 11. Construction Inspection Fee 12. Admin Material Testing Fee 13. Material Testing Cost 14. Water Lab Fee (Total Project Cost Developer City Cost Total Cost Cost $1,256,665.34 $190,743.69 $1,447,409.03 $853,617.56 $0.00 $853,617.56 $0.00 $38,148.74 $38,148.74 $63,600.00 $11,400.00 $75,000.00 $4,165.00 $245.00 $4,410.00 $0.00 $3,814.87 $3,814.87 $540.00 $0.00 $540.00 $2,178,587.90 $244,352.30 $2,422,940.20 '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 (FY), 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: 60PARKS OF VILLAGE CREEK OFFSITE WATER IMPROVEMENTS: Capital Project FY2024 CIP Authority Budget Revised Fund Name Change FY2024 Name Appropriations (Increase/ Budget Decrease) Water & 104841 - Sewer CFA- Bond 2020A - Parks of Fund Village $0.00 This M&C $244,353.00 $244,353.00 56017 Creek off Funding is available in the Unspecified -All Funds project within the Water & Sewer Bond 2020A Fund for the purpose of funding the CFA- Parks of Village Creek off project. Funding for the Community Facility Agreement (CFA) — Parks of Village Creek off project is as depicted in the table below: FUND Existing Additional Project Appropriations Appropriations Total* Water & Sewer Bond 2020A - $0.00 $244,353.00 $244,353.00 Fund 56017 Project Total $0.00 $244,353.00 $244,353.00 *Numbers rounded for presentation purposes. BUSINESS EQUITY- A goal is not required under Business Equity Ordinance 25165-10-2021 when City spending participation on Community Facilities Agreements are less than $1,000,000.00. This project is located in Extraterritorial Jurisdiction near CD 8. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are currently available in the Unspecified - All Funds project within the Water & Sewer Bond 2020A Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in Water & Sewer Bond 2020A Fund for the CFA- Parks of Village Creek off 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. Submitted for Citv Manaaer's Office bv: Fernando Costa 6122 Oriainatina Business Unit Head: Chris Harder 5020 Additional Information Contact: Suby Varughese 8009 Isabel Sierra 6430