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Home My WebLink AboutContract 61327-CO2DEVELOPER-AWARDED-PROJECT CHANGE ORDERPROJECT NAME:CONTRACT:CFA #CITY PROJECT #CITY SECRETARY CONTRACT #FID #X #FILE #INSPECTOR:Phone No: PROJECT MANAGER:Phone No: Developer CostCity CostDeveloper CostCity CostDeveloper CostCity CostDeveloper CostCity CostDeveloper CostCity CostORIGINAL CONTRACT$956,802.08 $1,570,416.92 $589,193.40 $7,810.60 $830,335.00 $0.00 $1,218,763.00 $0.00 $275,999.00 $0.00 240EXTRAS TO DATE$0.00 $0.00 $5,430.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 CREDITS TO DATE$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 CONTRACT TO DATE$956,802.08 $1,570,416.92 $594,623.40 $7,810.60 $830,335.00 $0.00 $1,218,763.00 $0.00 $275,999.00 $0.00 240AMOUNT OF PROP. CHANGE ORDER($88,497.03)($228,277.97)($485.52)$485.52 $0.00 $0.00 $94,420.00 $0.00 $0.00 $0.00 0REVISED CONTRACT AMOUNT$868,305.05 $1,342,138.95 $594,137.88 $8,296.12 $830,335.00 $0.00 $1,313,183.00 $0.00 $275,999.00 $0.00 240TOTAL REVISED CONTRACT AMOUNT PER UNITREVISED COST SHAREDev. Cost:City Cost:TOTAL REVISED CONTRACTYou are directed to make the following changes in the contract documents:3305.20076(141.00)LF $ 825.00 ($51,814.68)($64,510)($116,325.00)3311.06419(10.00)LF $ 275.00 ($503.25)($2,246.75)($2,750.00)9999.000217(1.00)EA $ 28,500.00 ($5,215.50)($23,284.50)($28,500.00)9999.000418(141.00)LF $ 1,200.00 ($30,963.60)($138,236.40)($169,200.00)(88,497.03)$ (228,277.97)$ (316,775.00)$ PAY ITEM #CITY BID ITEM#QUANTITY UNITCFW Unit Price UNIT PRICE Developer Cost City CostTOTAL3305.2007-19,442.00SF$5.00 $97,210.00 -$97,210.00 3306.20073279.00SY$82.00 $22,878.00 -$22,878.00 3307.20074(279.00)SY$92.00 ($25,668.00)-($25,668.00)$ 94,420.00$ 94,420.00Asterisk (*) indicates New Pay Item3212.0504 7" Asphalt Base Type B3213.0102 7" Conc SidewalkUNIT 4B: OFFSITE PAVING IMPROVEMENTS - U.S. BUSINESS 287 (CREDIT)UNIT 4B: OFFSITE PAVING IMPROVEMENTS - U.S. BUSINESS 287 (CREDIT)9999.0002 4" Air Release Valve UNIT PRICE Developer Cost9999.0004 42" Steel Casing by BoreCFW Unit PriceITEM DESCRIPTION3305.2007 24" PVC Water Carrier Pipe 3311.0641 24" Water PipeWATERCity Cost$5,232,395.00CITY BID ITEM # CONTRACT UNITSTREET LIGHTSPAVING$2,210,444.00 Cody Horton$275,999.00 TOTALDRAINAGE$1,350,435.07 $3,881,959.93 SEWERCFA23-0171682-215-872061327W-2939$602,434.00 PAY ITEM #QUANTITY UNIT$830,335.00 817-392-7380Izeldeen Ahmed UNIT I: WATER IMPROVEMENTS$1,313,183.00 CHANGE ORDER No:2CATTLEMANS CROSSING PHASE 1WATER, SEWER, PAVING, DRAINAGE, AND STREET LIGHT104562CONTRACT DAYSCITY PARTICIPATION:YESX-2783730114-0200431-104562-E07685TOTAL UNIT I: WATER IMPROVEMENTSITEM DESCRIPTION3213.0301 4" Conc SidewalkRevised: 12-17-2018Page 1$ 560.00 Senior Professional EngineerIzeldeen Ahmed P.E.Engineering ManagerSuby Varughese P.EDana BurghdoffAssistant City ManagerRichard McCrackenSenior Assitant Attorney24-022303/19/2024 CITY COUNCIL AGENDA Create New From This M$C . 'i;i�+l �i �_ REFERENCE **M&C 24- 60CATTLEMANS CROSSING DATE: 3/19/2024 NO.: 0223 LOG NAME: PHASE 1 WATER & SEWER IMPROVEMENTS CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 10) Authorize Execution of a Community Facilities Agreement with Ashton Dallas Residential, LLC, with City Participation in theAmount Not to Exceed $1,609,868.66 for Oversizing 8-Inch and 12-Inch Water Mains Along Street B of the Proposed Development to a Continuous 16-Inch Water Main, Oversizing 8-Inch and 12-Inch Water Mains On the Northeastern Frontage of the Development to a 24-Inch Water Main With an Additional 166 Linear Feet of Pipe and Oversizing a 10-Inch Sewer Main to a 12-Inch Sewer Main Along Street B for Cattleman's Crossing Phase 1 Development Located in North West Fort Worth, and Adopt Appropriation Ordinance to Effect a Portion of Water's Contribution to the Fiscal Years 2024-2028 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of a Community Facilities Agreement with Ashton Dallas Residential, LLC with City participation in an amount not to exceed $1,609,868.66 for oversizing 8-inch and 12-inch water mains along Street B of the Development to a continuous 16-inch water main, oversizing 8-inch and 12-inch water mains on the northeastern frontage of the development to a 24-inch water main with an additional 166 linear feet of pipe and oversizing a 10-inch sewer main to a 12-inch sewer main along Street B for Cattleman's Crossing Phase 1 Development located in north west Fort Worth; and 2. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Water & Sewer Capital Project 2018 fund by increasing estimated receipts and appropriations in the Community Facilities Agreement Bucket programmable project (City Project No. P00001) in the amount of $1,925,139.00 and decreasing estimated receipts and appropriations in the Unspecified-All Funds project (City Project No. UNSPEC) by the same amount for the purpose of funding the Community Facilities Agreement - CFA Cattleman's Crossing Ph 1 project (City Project No.104562) and to effect a portion of Water's contribution to the Fiscal Years 2024-2028 Capital Improvements Program. DISCUSSION: Ashton Dallas Residential, LLC (Developer) is constructing the Cattleman's Crossing Phase 1 development project located east of U.S Business 287 and south of Avondale Haslet Road. The City is participating in the water public improvements to oversize an 8-inch and 12-inch water mains to a 16- inch water main located on Street B to serve on-site development. Also, the City is participating in the water public improvements to oversize an 8-inch and 12-inch water mains to a 24-inch water main along the northeastern frontage for the development of which 166 linear feet is an additional pipe to extend across the railroad tracks to meet the City's needs for future capacity. The City will pay 100\% of the price difference for the oversizing of an 8-inch and 12-inch water mains to 2,617 linear feet of a 16-inch water main at an estimated cost of $539,968.03. The City will pay construction cost for 2,867 linear feet of a 24-inch water main is estimated to be allocated at 18.3\% for the Developer and 81.7\% for the City for an estimated cost to the city of $1,028,573.00. Additionally, the City is participating in sewer public improvements to oversize an 10-inch sewer main to 12-inch sewer main to the existing lift station to serve the Cattleman's Crossing Phase 1 Development. The City will pay 100\% of the price difference for the oversizing from a 10-inch to 399 linear feet 12-inch at an estimated cost of $7,810.60. The City's calculation for city participation is in accordance with the City's Community Facilities Agreement (CFA) unit price ordinance number 23657-05-2019. The Cattleman's Crossing Phase 1 project is assigned City Project No. 104562 and Accela System Record IPRC23-0086. In accordance with Chapter 212, Subchapter C of the Texas Local Government Code, the City's participation in the contract is exempt from competitive bidding requirements because the contract is FORT �'�'ORTH -��- for oversizing public improvements being constructed by the Developer, the Developer will execute a performance bond to cover the total project cost, including all of the City's cost participation, and the City's cost participation will be determined in accordance with the City's Community Facilities Agreement (CFA) unit price ordinance. The City's cost participation in oversizing the water and sewer mains is estimated to be in an amount not to exceed $1,609,868.66 as shown in the table below. Payments to the Developer are estimated to be $1,576,351.63 for construction costs and $31,527.03 for material testing. The City's cost participation also includes $1,990.00 to cover the City's portion of construction inspection service fees, administrative material testing fees, and water lab fees. An additional $315,270.33 in the contingency funds will cover the City's portion of any change orders. The following table shows the cost sharing breakdown for the project between all parties: A. Public Improvements 1 A- Water- 100\% Developer 1 B- Water-(8 &12-inch to 16- inch) 1 B- Water- (8 & 12-inch to 24- inch) 2. Sewer- (10-inch to 12-inch) Developer Cost $415, 961.00 City Cost Total Cost $0.00 $415,961.00 $253,880.17 $539,968.03 $793,848.20 $288,836.80 $1,028,573.00 $1,317,409.80 $589,193.40 $7,810.60 $597,004.00 Total Water/Sewer Improvements$1,547,871.37$1,576,351.63$3,124,223.00 Water Contingency 20\% $0.00 $315,270.33 $315,270.33 3. Drainage 4. Paving 5. Street Lighting B. Inspections & Testing Construction Inspection Fee Admin Material Testing Fee 3. Material Testing Cost 4. Water Lab Fee Total Project Cost $830,335.00 $1,218,763.00 $275,999.00 $88,500.00 $17,885.00 $0.00 $1,440.00 $0.00 $830,335.00 $0.00 $1,218,763.00 $0.00 $275,999.00 $1,500.00 $90,000.00 $490.00 $18,375.00 $31,527.03 $31,527.03 $0.00 $1,440.00 $3,980,793.37 $1,925,138.99 $5,905,932.36 *Numbers will be rounded up for accounting purposes. The reimbursement of the City participation, excluding inspection and material testing fees, is not a lump-sum amount and may be less than the stated amount depending upon the actual quantities and unit prices from the Notice of Final Completion package, commonly referred to as the Green Sheet package. It is the practice of the Water Department to appropriate its CIP plan throughout the Fiscal Year, instead of within the annual budget ordinance, as projects commence, additional funding needs are identified, and to comply with bond covenants. The actions in the Mayor & Council Communication (M&C) will appropriate funds in support of the Water Department's portion of the City of Fort Worth's Fiscal Years 2024-2028 Capital Improvements Program, as follows: 60CATTLEMANS CROSSING PHASE 1 WATER & SEWER IMPROVEMENTS Capital Budget Change Revised FY2024 CIP Fund Project Name Appropriations Authority (Increase/ FY2024 Name Decrease) Budget 56014 — 104562 - CFA- W&S Cattleman's $0.00 This M&C $1,925,139.00 $1,925,139.00 Capital Proj Crossing Ph1 2018 Fund Funding is available in the Unspecified-All Funds project within the Water & Sewer Capital Projects 2018 Fund for the purpose of funding the CFA-Cattleman's Crossing Ph 1 project. Funding for the Community Facility Agreement (CFA) —Cattleman's Crossing Ph 1 project as depicted in the table below: FUND W&S Capital Proj 2018 — Fund 56014 $0.00 $1,925,139.00 $1,925,139.00 Project Total $0.00 $1,925,139.00 $1,925,139.00 *Numbers rounded for presentation purposes. BUSINESS EQUITY Ashton Dallas Residential LLC is in compliance with the City's Business Equity Ordinance by committing to 9\% MWBE participation on this developer project. This project is located in COUNCIL DISTRICT 10. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are currently available in the Unspecified - All Funds project within the W&S Capital Proj 2018 Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in W&S Capital Proj 2018 Fund for the CFA- Cattleman's Crossing Ph 1 project to support the approval of the above recommendations and execution of the agreement. Prior to an expenditure being incurred, the Water Department has the responsibility of verifying the availability of funds. Fund I 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: Additional Information Contact: Existing Additional Project Total* Appropriations Appropriations Chris Harder (5020) Suby Varughese (8009) Melissa Harris (8428) ATTACHMENTS CERTIFICATE OF INTERESTED PARTIES Form 1295.pdf (CFW Internal) city_participation exhibits.pdf (CFW Internal) Received Date: Apr 26, 2024 Received Time: 9�30 a.m. Developer and Project Information Cover Sheet: Developer Company Name: Ashton Dallas Residential L.L.C. Address, State, Zip Code: 1800 Valley View Lane, Ste 100, Farmers Branch, TX 75234 Phone & Email: 817-822-1132, daniel.satsky@ashtonwoods.com Authorized Signatory, Title Project Name: Brief Description: Project Location: Plat Case Number: PP-21-064 Mapsco: CFA Number: 4Z 23-0171 Daniel Satsky, Vice President Cattleman's Crossing Phase 1 Water, sewer, paving, storm drain, and streetlight � East of BUS-287 and Southwest of US-287; North of Prairie Ridge Estates Plat Name: Cattleman Crossing Phase 1 Council District: 7 City Project Number: CPN 104562 � IPRC23-0086 City of Fort Worth, Texas Page 1 of 20 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 City Secretary Number: 61327 STANDARD COMM[JNITY FACILITIES AGREEMENT WITH CITY PARTICIPATION This COMMUNITY FACILITIES AGREEMENT ("Agreement") is made and entered into by and between the City of Fort Worth ("City"), a home-rule municipal corporation of the State of Texas, acting by and through its duly authorized Assistant City Manager, and ASHTON DALLAS RESIDENTIAL L.L.C., a Texas limited liability company ("Developer"), acting by and through its duly authorized representative. City and Developer are referred to herein individually as a"party" and collectively as the "parties." WHEREAS, Developer is constructing private improvements or subdividing land within the corporate limits of Fort Worth, Texas or its extraterritorial jurisdiction, for a project known as Cattleman's Crossing Phase 1 ("Project"); and WHEREAS, the City desires to ensure that all developments are adequately served by public infrastructure and that the public infrastructure is constructed according to City standards; and WHEREAS, as a condition of approval of the Project, Developer is required to bear a portion of the costs of municipal infrastructure by constructing the public infrastructure necessary for the Project as described in this Agreement ("Community Facilities" or "Improvements"); and WHEREAS, as a condition of approval of the Project, Developer is required to meet the additional obligations contained in this Agreement, and Developer may be required to make dedications of land, pay fees or construction costs, or meet other obligations that are not a part of this Agreement; and WHEREAS, the City desires to participate in this Agreement in an amount not to exceed $ 1,609,868.66 to enlarge the scope of the Improvements beyond what Developer is responsible for constructing by: (1) oversizing 150 linear feet of a 12-inch water main and 2,467 feet of an 8-inch water main to a 16-inch water main located in the western half of the northern development along Street B; (the "16-inch Main"); (2) oversizing 1,ll9 linear feet of a 12-inch water main, and 1,582 linear feet of an 8- inch water main, to a 24-inch water main along the northeastern frontage of the development, and oversizing the 24-inch water main an additional 166 linear feet across the railroad tracks (the "24-inch Main"); and (3) oversizing 399 linear feet of a 10-inch sanitary sewer main to a 12-inch sanitary sewer main (the "12-inch Sewer"), as authorized by City Council through approval of M&C 24-0223 on March 19, 2024 ("City Participation"); and WHEREAS, the City Participation includes reimbursement to Developer in amounts not to exceed $1,578,227.52 for construction costs and $29,651.14 for material testing costs. The remaining City Participation in the amount of $1,990.00 shall not be paid to Developer, but will be used by City to pay for the City's portion of construction inspection service fees and administrative material testing fees; and City of Fort Worth, Texas Page 2 of 20 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 WHEREAS, the Developer and the City desire to enter into this Agreement in connection with the collective Improvements for the Project; NOW, THEREFORE, for and in consideration of the covenants and conditions contained herein, the City and the Developer do hereby agree as follows: 1. CFA Ordinance The Community Facilities Agreements Ordinance ("CFA Ordinance"), as amended, is incorporated into this Agreement by reference, as if it was fully set forth herein. Developer agrees to comply with all provisions of the CFA Ordinance in the performance of Developer's duties and obligations pursuant to this Agreement and to cause all contractors hired by Developer to comply with the CFA Ordinance in connection with the work performed by the contractors. If a conflict exists between the terms and conditions of this Agreement and the CFA Ordinance, the CFA Ordinance shall control. 2. Incorporation of Engineering Plans The engineering plans for the Improvements that have been approved by the City ("Engineering Plans") are incorporated into this Agreement by reference as if fully set out herein. Developer shall provide at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to construct the Improvements required by this Agreement. 3. Description of Improvements; Exhibits and Attachments The following e�iibits 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 0 Exhibit A-1: Wastewater ❑X Exhibit B: Paving 0 Exhibit B-1: Storm Drain � Exhibit G1: Street Lights & Signs The Location Map and Cost Estimates are also attached hereto and incorporated herein by reference. To the eXtent that E�ibits A, A-1, B, B-1, C-1, the Location Map, or the Cost Estimates conflict with the Engineering Plans, the Engineering Plans shall control. If applicable, Attachment 1— Changes to Standard Community Facilities Agreement, Attachment 2— Phased CFA Provisions, and Attachment 3— Concurrent CFA Provisions, are attached hereto and incorporated herein for all purposes. Notwithstanding any statement to the contrary herein, in no event will approval of plans, construction, and/or completion of a lift station and/or force main be a condition to any plat approval for the Project, approval of construction plans, permits, certificates of occupancy, acceptance of Improvements, or any other approval required for the Developer to begin and complete the Project. 4. Construction of Improvements City of Fort Worth, Texas Page 3 of 20 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: (a) Developer's contractors are not constructing the Improvements in accordance with the Engineering Plans; (b) Developer's contractors violate federal law, state law or local law, policies, rules or regulations in connection with the construction of the Improvements; or (c) coordination of the timing of the construction of adj acent utilities is necessary to avoid having to remove and replace Improvements that Developer's contractors are about to install, the City may temporarily suspend the construction of the Improvements by delivering a written notice to Developer and Developer's contractors. The temporary suspension of the construction of the Improvements shall only occur for the amount of time necessary for Developer's contractors to correct the violation or for the coordination of the utilities to be completed, and upon any such suspension, City agrees to reimburse Developer for the City's share of construction costs for work properly completed through the date City suspended construction. 5. Financial Guarantee Developer has provided the City with a financial guarantee in the form and amounts set forth in this Agreement which guarantees the construction of the Improvements and payment by Developer of all contractors, subcontractors, and material suppliers for the Improvements ("Financial Guarantee"). Developer shall keep the Financial Guarantee in full force and effect until released by the City and shall not reduce the amount of the Financial Guarantee unless authorized by the City in accordance with the CFA Ordinance. 6. Completion Deadline; Extension Periods This Agreement shall be effective on the date this Agreement is eXecuted by the City's Assistant City Manager, ("Effective Date"). Developer shall complete construction of the Improvements and obtain the City's acceptance of the Improvements within two (2) years of the Effective Date, ("Term"). If construction of the Improvements has started during the Term, the Developer may request that this Agreement be extended for an additional period of time ("Extension Period"). All EXtension Periods shall be agreed to in writing by the City and the Developer as set forth in a written amendment to this Agreement. Subject to any force majeure events, the Term of this Agreement plus any EXtension Periods be for more than three years. 7. Failure to Construct the Improvements (a) The City may utilize the Developer's Financial Guarantee to cause the completion of the construction of the Improvements if at the end of the Term, and any Extension Periods, the Improvements have not been completed and accepted by the City. If the 16-inch Main, the 24-inch Main and the 12-inch Sewer are not completed at the end of the Term, and any Extension Periods, there will be no further obligation for City Participation to be paid to the Developer. City of Fort Worth, Texas Page 4 of 20 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 (b) The City may utilize the Developer's Financial Guarantee to cause the completion of the construction of the Improvements or to cause the payment of costs for construction of the Improvements before the expiration of the Term, and any Extension Period, if the Developer breaches this Agreement, becomes insolvent, or fails to pay costs of construction. (c) If the Financial Guarantee is a Completion Agreement and the Developer's contractors or suppliers are not paid for construction costs or materials supplied for the Improvements the contractors and suppliers may place a lien upon any property which the City does not have an ownership interest that is the subject of the Completion Agreement. (d) Nothing contained herein is intended to limit the Developer's obligations under the CFA Ordinance, this Agreement, the Financial Guarantee, Developer's agreements with Developer's contractors, or other related agreements. 8. Termination If Developer desires to terminate this Agreement before Developer's contractors begin constructing the Improvements, Developer agrees to the following: (a) that Developer and City must execute a termination of this Agreement in writing; (b) that Developer will vacate any final plats that have been filed with the county where the Project is located; and (c) to pay to the City all costs incurred by the City in connection with this Agreement, including time spent by the City's inspectors at preconstruction meetings. 9. Award of Construction Contracts (a) Developer will award all contracts for the construction of the Improvements and cause the Improvements to be constructed in accordance with the CFA Ordinance. The 16-inch Main, the 24-inch Main, and the 12-inch Sewer will be privately bid and may be part of separate bid packages along with other portions of the Improvements. (b) Developer will employ construction contractors who meet the requirements of the City to construct the Improvements including, but not limited, to being prequalified, insured, licensed and bonded to construct the Improvements in the City. (c) Developer will require Developer's contractors to provide the City with payment and performance bonds naming the City and the Developer as dual obligees, in the amount of one hundred percent (100%) of the cost of the Improvements as required by the CFA Ordinance. The payment and performance bonds shall guarantee construction of the Improvements and payment of all subcontractors and material suppliers. Developer agrees to require Developer's contractors to provide the City with a maintenance bond naming the City as an obligee, in the amount of one hundred percent (100%) of the cost of the Improvements, that guarantees correction of defects in materials and workmanship for the Improvements by the contractor and surety for a period of two (2) years after completion and �nal acceptance of the Improvements by the City. All bonds must City of Fort Worth, Texas Page 5 of 20 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 be provided to the City before construction begins and must meet the requirements of the City's Standard Conditions, Chapter 2253 of the Texas Government Code, and the Texas Insurance Code. (d) Developer will require Developer's contractors to provide the City with insurance equal to or in excess of the amounts required by the City's standard specifications and contract documents for developer-awarded infrastructure construction contracts. The City must be named as an additional insured on all insurance policies. The Developer must provide the City with a Certificate of Insurance (ACORD or form approved by the State of Texas), supplied by each contractor's insurance provider, which shall be made a part of the Project Manual. (e) Developer will require the Developer's contractors to give forty-eight (48) hours' advance notice of their intent to commence construction of the Improvements to the City's Construction Services Division so that City inspection personnel will be available. Developer will require Developer's contractors to allow construction of the Improvements to be subject to inspection at any and all times by the City's inspectors. Developer will require Developer's contractors to not install or relocate any sanitary sewer, storm drain, or water pipe unless a City inspector is present and gives consent to proceed, and to allow such laboratory tests as may be required by the City. (� 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 Indemni�cation (a) DEVELOPER HEREBY RELEASES AND AGREES TO INDEMNIFY, DEFEND AND HOLD THE CITY HARMLESS FOR ANY INADEQUACIES IN THE PRELIMINARY PLANS, SPECIFICATIONS, ENGINEERING PLANS, AND COST ESTIMATES SUPPLIED BY THE DEVELOPER FOR THIS AGREEMENT. City of Fort Worth, Texas Page 6 of 20 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 (b) THE DEVELOPER COVENANTS AND AGREES TO, AND BY THESE PRESENTS DOES HEREBY FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTSAND EMPLOYEES FROMALL SUITS, ACTIONS OR CLAIMS OF ANYCHARACTER, WHETHERREAL ORASSERTED, BROUGHTFOR OR ONACCOUNT OFANYINJURIES OR DAMAGES SUSTAINED BYANYPERSONS, INCL UDING DEATH, OR TO ANY PROPERTY, RESULTING FROM OR IN CONNECTION WITH THE CONSTR UCTION, 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 FAIL URE TO PROPERLYSAFEGUARD THE WORK, OR ONACCOUNT OFANYACT, INTENTIONAL OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID DEVELOPER, ITS CONTRACTORS, SUB-CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, .. (c) DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, SUITS OR CAUSES OF ACTION OF ANY NATURE WHATSOEVER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ON ACCOUNT OF ANY INJURIES OR DAMAGES TO PERSONS OR PROPERTY, INCL UDING DEATH, RESULTING FROM, OR INANY WAY CONNECTED WITH, THE CONSTRUCTION OF THE IMPROVEMENTS CONTEMPLATED HEREIN. FURTHER, DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES SUFFERED BY THE CITY OR CAUSED AS A RESULT OF SAID CONTRACTORS' FAIL URE TO COMPLETE THE WORK AND CONSTR UCT 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 20 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 certified mail with return receipt requested, addressed to such party at the address stated below. Any notice so given by hand-delivery shall be delivered upon receipt. Any notice so given by mail shall be deemed to have been received three (3) days after deposit in the United States mail so addressed with postage prepaid: CITY: Development Coordination Office City of Fort Worth 200 TeXas Street Fort Worth, Texas 76102 With copies to: City Attorney's Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 and City Manager's Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 DEVELOPER: Ashton Dallas Residential L.L.0 1800 Valley View Lane, Ste 100 Farmers Branch, TX 75234 Attn: Daniel Satsky With copies to: Ashton Woods 3820 Mansell Rd., Suite 400 Alpharetta, Georgia 30022 Attn: Ruth J. Mitchell Or to such other address one party may hereafter designate by notice in writing addressed and mailed or delivered to the other party hereto. City of Fort Worth, Texas Page 8 of 20 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 ofiicers, 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 20 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 20 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 veri�cation 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 iirearm 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 552371 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 552371 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 20 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, OR DEVELOPER'S EMPLOYEES. City, upon written notice to Developer, shall have the right to immediately terminate this Agreement for violations of this provision by Developer. 30. Amendment No amendment, modification, or alteration of the terms of this Agreement shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by the City and Developer. 31. Assignment and Successors Developer shall not assign or subcontract all or any part of its rights, privileges, or duties under this Agreement without the prior written consent of City, such consent to not be unreasonably withheld by the City. Any attempted assignment or subcontract without the City's prior written approval shall be void and constitute a breach of this Agreement. 32. No Third-Party Beneficiaries The provisions and conditions of this Agreement are solely for the benefit of the City and Developer, and any lawful assign or successor of Developer, and are not intended to create any rights, contractual or otherwise, to any other person or entity. 33. Compliance with Laws, Ordinances, Rules and Regulations Developer, its officers, agents, servants, employees, and contractors, shall abide by and comply with all laws, federal, state and local, including all ordinances, rules and regulations of City. It is agreed and understood that, if City calls to the attention of Developer any such violation on the part of Developer or any of its officers, agents, servants, employees, or subcontractors, then Developer shall immediately desist from and correct such violation. To the extent the violation is by Developer's contractors, Developer will direct the contractor to desist from and correct the violation, and if the contractor fails to correct the violation, Developer will be in default under this Agreement and may be required to hire a new contractor to complete the construction of the Improvements in order to remedy the breach. 34. Signature Authority City of Fort Worth, Texas Page 12 of 20 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 The person signing this Agreement on behalf of Developer warrants that he or she has the legal authority to execute this Agreement on behalf of the Developer, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The City is fully entitled to rely on this warranty and representation in entering into this Agreement. 35. Counterparts This Agreement may be executed in multiple counterparts, each of which will be deemed an original, but which together will constitute one instrument. 36. Entire Agreement This written instrument, together with any attachments, exhibits, and appendices, constitutes the entire understanding between the City and Developer concerning the work to be performed hereunder, and any prior or contemporaneous, oral or written agreement that purports to vary from the terms hereof shall be void. 37. City Participation; Fiscal Funding Limitation (a) The City shall reimburse Developer in amounts not to exceed $1,578,227.52 for construction costs and $29,651.14 for material testing costs. The remaining City Participation in the amount of $1,990.00 shall not be paid to Developer, but will be used by City to pay for the City's portion of construction inspection service fees and administrative material testing fees. The City will reimburse the City Participation to Developer after presentation of proper documentation by Developer to the City that the Improvements have been constructed and accepted by the City and all contractors and material suppliers have been paid, as evidenced by the execution by the Assistant City Manager of the document commonly referred to as the greensheet. City acceptance of the Improvements will not be unreasonably withheld, conditioned or delayed. Developer must register as a vendor of the City in order for the City Participation to be paid to Developer. The City Participation for construction costs was calculated as follows: [CHART ON FOLLOWING PAGE] City of Fort Worth, Texas Page 13 of 20 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 '.rty Part,G PdCc n Ek4161[- Ca[[lem3.'I 5 L 105E Ify �PRC23-�6QS LPN 1Mi61 � [iii 9� }�'_�TE& LIIPitdl�fEl-Lt L"�ic 1B ild"Zii} lieasure �� F`� �� j liPi' �[DE 6" ?4'C LL'acer Line L= i" Pl"C il-arei• Liue 6" P'; C' LL'a:er Liue LF �" DIP j�-acr3� Lia�e 6" �IP i["a;rr L'uie LF _' ' {;are � ah e '6�� Gate�'ai�.p 4 ��anit Ey i" Gare �'alre 6" Cn�e 1��itir E y S-' Lh��ole Iran Fittui¢: «� rr��aiu: TOiti S 6" Darrile sau �ittiue� •,y re:�airc '"?icale Jcu=it�ue�ti� rr=.traiar Tp:tiS .6" 7�,icale icuFit�uaz, :e;�amt : 55 Back=:ll r;a�r er�s'� cou•,-e� 7a� LF S S'j :�SSBa�k`:lli:or;eri�a��cn•,-ert�cmLFf16�'1 �� " Pressure 5" Pr:�siue E_v Cantraccar C'nit i-uit Price Qn Price Ord. F"�r Pizee Diffe�euce � 1�)_'.�� 5 160.G6 1'r S. DG � 16 �.5 � p'_= 5F; 5 1&:.D�7 5 165.�0 � =_'16.00 ' � $16�-5�'_=511i 5 18�.D0 5 165.Q0 "6.DC 5 6�.D0 5 155.Q0 F'G5-6_'=51�1= 5 'D�.DO 5 '�J�.Q� 1.�0 5 �.�uP.D9 5 �.600.a0 a�,��04-S�.i��=8z4,660 5 '_S.�uD.DO 5 _'fi.000.Cf] 5 _'.'_OD.DO 5 3.50�J.Q0 5. PO $'_S, i 00-5'--=�J�J= E_'_. i4Q 5 ��.��D.��J 5 _'6A�Jfl.�6 0.'•_' S '_i.D�D.DO 5 6.?S�J.Cf] 9_Tons-.?'_Tom;=.'_3Tans 0.4; �'- 5 �i.DOD.D�J 5 6.?i�J.CO _'6lou�-.1�Tons=.03To�; �.?u �6.�0 5 'OD.D�J 5 5.'•.G_' fi6.�DTans-#5._�JTnns=_'p.li dS.�C - Iou� '.v"G 5 _'.:96.00 S 11.�'�,1' 10+�`o Ci�•Cas, ;.uG 5 1�. ��J�J ��G S ?.�S!,:6 100` o Cin� Cos: 1.i70 4 =.O�lD.DO 5 l.li�.'5 �1��C�-c��OD=50 5 :.�OD.O�J 5 1.+70�J.6�7 �4:iIEA �iPROE�iE�75-E`nir 1S 1_'a" 1i i) iperted Emoe�nienr 4" C� te L'a:^.r :� L'aiil: ' Blrnsoi:l'z93� i:ctle Iroa Fittinqs u� re :�aiut ; a��s ' .yir �? ele�:e S'alre �nuect �a eustine ;n" Rater Lwe `"Steel Casnie hr other tk:an o7sea cut ['nit of lleasure L= C �- E_a E_� Ta15 E� E� Qn Caniractar E`uir CFIl L-nif �atal Price Frice ;'_6.G"u 5_'�;.99 Sy60.0�� 3;�5.6�p. �.�C 5'_CO.OD SS�.G? 59'fi �^� 5�1�.7�O.OD �;C."000�] �1=5.ip�. 51!.iGO.�}0 �?'_.5000�] 8-4.ua�. 0.55 a?i.000.OD j_'3.�00.0+� R«.��U. =.v"G $?3.700.�]D 3d=_S�C.�O �� .00U. l.v"G 51'_.7u0.00 511.�J33.39 51;.C98. a SE1i ER LiiPRO�l_ fEti75-�nir ? [l="55] nS'� Se•,t�zr Piue [T, r'=:_r i 9.. ro ::' S 9 iS�c:Cr.,: i.rarcx� ; JYa3r�rs �Lleasure LF C3' CY C� n S�E 11._:Y.:_:.J�Y 51.�)'9.L9�.50 Piice Ord. �`�� Erire L7ifiereuce 71 +�S?.G3 $T;.' _ ��:.�ifi- 5�.' 1= 59. �; b - 7�..r saC.ffO b5'.6_' 1�J.�f6 Toss- 3.96 Ta�� 1.7 Tans S��.C3 qg-.�'_ �.4ions-'.�fTons= S1T�s Total ' 1.D' �. '�0.��5. ?',� 15. 1 O O � � v a � 1'• S,-�0�7.00 1.�1;.�D _' G_'. � 6 1.�55.16 �=.9iG.3� " -�0.5� Iotai $ � '3 �.00 5 GU. �G 51'• .60 S['ater I�nprocaients rota] 51.�'�.�16.9_' Sz�r�r Iiu�ro-:e�ents Tnta] �'.810.tiC T3ia1 51.�75.,,7.�, (b) The City Council has authorized execution of this Agreement with City Participation in amount not to exceed $1,609,868.66, which funds have been appropriated by the City Council. Any additional City Participation in this Agreement requires a written amendment to the Agreement and may require additional approval by the City CounciL In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable by any means whatsoever in any fiscal period for payments due under this Agreement, then the City will immediately notify Developer of such occurrence and this Agreement shall be terminated on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except to the portions of annual payments herein agreed upon for which funds shall have been appropriated. Notwithstanding any statement to the contrary herein, the City's obligation to pay the City Participation to Developer shall survive the expiration of the Term (including any Extension Period(s)) until the City Participation due and owing to Developer for the Improvements that have City of Fort Worth, Texas Page 14 of 20 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 been constructed is paid in full. (c) Substantial completion of the Improvements shall occur after Developer's Contractors notify the City that the lmprovements are constructed and ready for their intended use, the City and Developer's Contractor inspect the Improvements, and the City concurs that the Improvements are substantially complete. This Agreement does not provide for any retainage to be withheld from the City Participation. 38. Force Majeure Except for monetary obligations, if either party is unable, either in whole or part, to fulfill its obligations under this Agreement due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; wars; blockades; insurrections; riots; pandemics, epidemics; public health crises; earthquakes; fires; floods; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any state; declaration of a state of disaster or of emergency by the federal, state, county, or City government in accordance with applicable law; issuance of a Level Orange or Level Red Alert by the United States Department of Homeland Security; any arrests and restraints; civil disturbances; or explosions; or some other reason beyond the party's reasonable control (collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure Event will be suspended during the continuance of such event and any deadlines applicable to such obligation will be eXtended for a period of time equal to the time period such party was delayed due to the Force Majeure Event. 39. Pipeline License from BNSF Railway Company (a) A portion of the Improvements will be constructed on property owned by BNSF Railway Company (`BNSF"). A pipeline license between the City and BNSF is necessary for Developer to construct the portion of the Improvements on BNSF's property ("License"). To date, the License has not been executed. Developer desires to execute this Agreement and begin work outside of BNSF's property pursuant to this Agreement before the License is executed. City consents to Developer beginning the work outside BNSF's property subject to the provisions in this Section 39 and the remaining terms and conditions of this Agreement. (b) Notwithstanding anything to the contrary herein, Developer shall not perform any construction within BNSF's property until the License is executed and Developer has met all requirements of the License to begin construction. Developer shall not enter on BNSF's property until the License is issued. Developer shall ensure its contractors do not enter into or perform any work on BNSF's property until the License is issued. Developer shall ensure that all work performed by its contractors and all entry onto BNSF's property is performed in accordance with the License, and Developer shall require its contractors to fully comply with the License. (c) Developer understands that the City has no control over the issuance of the License and that the Improvements outside BNSF's property may be completed months before the License is issued. Developer further understands that the License may never be executed, in which event, a change order to remove the extension of the sewer on BNSF's property may be required. City shall not be liable in any form for Developer proceeding to construction prior to the License being executed. (d) BY CHOOSING TO PROCEED TO CONSTRUCTION BEFORE THE LICENSE IS EXECUTED, DEVELOPER ASSUMES ALL RISKS AND DEVELOPER SHALL BE City of Fort Worth, Texas Page 15 of 20 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 LIABLEAND RESPONSIBLEFOR ANYAND ALL DAMAGES, INCLUDINGBUTNOT LIMITED TOANYANDALL ECONOMICDAMAGESPROPERTYLOSS, PROPERTY DAMAGES AND PERSONAL INJURY, (INCLUDING DEATH), OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED. DEVELOPER HEREBY EXPRESSLYXELEASESAND DISCHARGES CITYFROMANYAND ALL LIABILITY FOR DAMAGES, INCLUDING, BUT NOT LIMITED TO ANYAND ALL ECONOMIC DAMAGES, PROPERTY LOSS, PROPERTY DAMAGE AND PERSONAL INJURY (INCLUDINGDEATH) ARISING OUT OF OR INCONNECTION WITH, DIRECTLYOR INDIRECTLY, THE CONSTRUCTION OF THE IMPROVEMENTS BEFORE THE LICENSE IS EXECUTED OR DEVELOPER'S DECISION TO PROCEED TO CONSTRUCTION BEFORE THE LICENSE IS EXECUTED. DEVELOPEK, AT II'S SOLE COSTAND EXPENSE, AGREES TOAND DOESHEREBYINDEMNIFY, DEFEND PROTECT, AND HOLD HARMLESS CITY, AND CITY'S OFFICERS, REPRESENTATIVES, AGENTS, EMPLOYEES, AND SEKVANTS FOX, FROM AND AGAINST ANY AND ALL CLAIMS (WHETHER AT LAW OR IN EQUITY), LIABILITIES, DAMAGES (INCLUDING ANY AND ALL ECONOMIC DAMAGES, PROPERTY LOSS, PROPERTY DAMAGES AND PERSONAL INJURIES INCLUDING DEATI�, LOSSES, LIENS, CAlTSES OF ACTION, SUITS, .1lIDGMENTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, COURT COSTS, ATTORNEYS' FEESAND COSTS OFINVESTIGATION), OFANYNATURE, KIND OR DESCRIPTION ARISING OR ALLEGED TO ARISE BY OK IN ANY WAY KELATED TO (1) CONSTRUCTION OF THE IMPROVEMENTS BEFORE THE LICENSE IS EXECUTED OR DEVELOPER'S CHOICE TO CONSTRUCT THE IMPROVEMENTS BEFORE THE LICENSE IS EXECUTED, OR (2) BY REASON OF ANY OTHER CLAIM WHATSOEVER OFANYPERSON OR PARTY OCCASIONED OR ALLEGED TO BE OCCASIONED IN WHOLE OR IN PART BY THE CONSTRUCTION OF THE IMPROVEMENTS BEFORE THE LICENSE IS EXECUTED OR DEVELOPER'S CHOICE TO CONSTRUCT THE IMPROVEMENTS BEFORE THE LICENSE IS EXECUTED, WHETHER OR NOT SUCH INJURIES, DEATH OR DAMAGES ARE CA USED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OFFORT WORTH, ITS OFFICERS, SERVANTS, OR EMPLOYEES. [REMAINDER OF PAGE INTENTIONALLY BLANK] City of Fort Worth, Texas Page 16 of 20 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 40. Cost Summary Sheet Project Name: Cattleman's Crossing Phase 1 CFA No. 23-0099 IPRC No. 23-0086 City Project No.104562 Items Developer's Cost City's Cost Total Cost A. Water and Sewer Construction 1 a. Water Construction - 100% Developer 1 b. Water Construction (partially funded by City) 2. Sewer Construction Water and Sewer Construction Total $ 415,961.00 $ - $ 415,961.00 $ 540,841.08 $ 1,570,416.92 $ 2,111,258.00 $ 589,193.40 $ 7,810.60 $ 597,004.00 $ 1,545,995.48 $ 1,578,227.52 $ 3,124,223.00 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): Estimated Construction Fees: C. Construction Inspection Service Fee D. Administrative Material Testing Service Fee E. Material Testing Cost F. Water Testing Lab Fee Total Estimated Construction Fees: TOTAL PROJECT COST Financial Guarantee Options, choose one Bond = 100% Escrow Agreement = 125% Cash Escrow Water/Sanitary Sewer= 125% (�ach Fcrrn�u Pavinn/C4nrm flrain - 19�i�/ � City of Fort Worth, Texas Standard Community Facilities Agreement with City Participation Rev. 4/2/20 $ 1,218,763.00 $ - $ 1,218,763.00 $ 830,335.00 $ - $ 830,335.00 $ 275,999.00 $ - $ 275,999.00 $ - $ - $ - $ 2,325,097.00 $ - $ 2,325,097.00 $ 3,871,092.48 $ 1,578,227.52 $ 5,449,320.00 $ 88,500.00 $ 1,500.00 $ 90,000.00 $ 17,885.00 $ 490.00 $ 18,375.00 $ - $ 29,651.14 $ 29,651.14 $ 1,440.00 $ - $ 1,440.00 $ 107,825.00 $ 31,641.14 $ 139,466.14 $ 3,978,917.48 $ 1,609,868.66 $ 5,588,786.14 Choice Amount (Mark one) 449,320.00 X 811,650.00 905,278.75 906,371.25 Page 17 of 20 IN WITNESS WHEREOF, the City and Developer have each executed this Agreement by their duly authorized signatories to be effective on the date executed by the City's Assistant City Manager. CITY OF FORT WORTH D�ha Bu��H�off Ddna Burghdoff (Apr2 , 20241635 CDT) Dana Burghdoff Assistant City Manager Date: Apr 25, 2024 DEVELOPER Ashton Dallas Residential L.L.C, a Texas limited liability company B�.Dai�atsky Apr24,202410:30CDT) Name: Daniel Satsky Title: Vice President Recommended by: CZ_,�.a.. � Dwayne Hollars (Apr24, 20241039 CDT) Dwayne HollarsBichson Nguyen Contract Compliance Specialist Development Services Department Approved as to Form & Legality: �� Richard McCracken (Apr24, 20242L20 CDT) Richard A. McCracken Sr. Assistant City Attorney M&C No. 24-0223 Date: 3/19/2024 Form 1295: 2024-1110905 ATTEST: � /� � Jannette Goodall City Secretary City of Fort Worth, Texas Standard Community Facilities Agreement with City Participation Rev. 4/2/20 Date: Apr 24, 2024 Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. 9(L.a,n Rebecca Owen (Apr24, 20241339 CDT) Rebecca Diane Owen Development Manager Page 18 of 20 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 ❑X Location Map � Exhibit A: Water Improvements � Exhibit A-1: Wastewater Improvements � Exhibit B: Paving Improvements 0 EXhibit B-1: Storm Drain Improvements 0 E�ibit C-1: Street Lights and Signs Improvements 0 Cost Estimates (Remainder of Page Intentionally Left Blank) City of Fort Worth, Texas Page 19 of 20 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 ATTACHMENT "1" Changes to Standard Community Facilities Agreement City Project No. 104562 Negotiated changes are incorporated into the body of the Agreement. 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Bm PROPOSAL Page 1 oF9 SECTION DO 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Infoima[iou Sidders Proposal Bidlist Description Specification Section No. Unit of B�d l7oit Price Bid Value Item No. Measure Quantity UNIT 1A: WATER IMPROVEMENTS 1 0241.1118 4" -12" Pressure Plu 02 41 14 EA 10 51 000.00 10 000.00 2 2605.3031 4" CONDT PVC SCH 4D fT) 26 D5 33 LF 390 $20.00 S7 800.00 3 3005.0003 8" Waterline Lowerin 33 OS 12 EA 5 54,500.00 �22.500.00 4 3305.0109 Trench Safet�� 33 D5 10 LF 3,197 51.00 53 197.00 5 3311.0001 Ductile Iron Water Fittin s wl Restraint 33 11 11 TON 1.32 a8 500.00 �11 220.00 6 3311.0261 8" PVC Water Pipe 33 11 12 LF 3,197 552.00 $166244.00 7 3312.0001 Fire Hydrant w/ Gate Valve 33 12 40 EA 5 �,5 200.00 $26 000.00 S 13312.2003 1" Water Service prri ationl 33 12 10 EA 3 �1 300.00 53.900.00 9 ('3312.20031"WaterService Domestici 331210 EA 77 $1200.00 �92.400.00 10 �33'12.2003 1" Water Service (PH 2!3 Irri ation 33 12 10 EA 2 $1,300.00 �2.600.00 11 3312.2003 1" Water Service (PH 2/3 Domestic 33 12 10 EA 36 g1,300.00 S46.800.00 12 3312.2203 2" Water Service fPH 2/3 Irri ation) 33 12 10 EA 1 53,200.00 S3 200.00 13 3312.3003 8" Gate Valve & Box 33 12 20 EA 8 $2 20D.00 517,600.00 14 3471.0013 Traffic Control 34 71 13 EA 1 2 500.00 $2,500.00 15 16 17 18 19 20 21 22 za za a3 2fi 27 28 29 ao - - - 31 32 33 34 - - - ---- - - 35 3S 37 38 �� 39 40 - TOTAL UNIT 1A: WATER IMPROVENIENTS $415,961.OD CIIY OF FORT WOR7H STANDARD CONST2UCTIDN SPECIFICATfON �OCI7MEN'IS -DE VE[APER AWARDED PROIEC7'S Form Versim May 22, ?019 CATILEMANS CROSSING PHASE I 00 42 43 DAP - BID PROPOSAL Pege 2 ot9 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Infotmation Bidder's Proposal Bidlist Desaiption SpecificationSectiouNo. Unitof Bid UuitPrice BidValue Item No. Measuro QuantiTy UN3T 16: ONSITElOFFSITE WATER IMPROVEMENTS PARTIAL CITY 1 0241.1106 16" Pressure Plu 02 41 14 EA 1 �1 500.00 51.500.00 2 0241.� 109 24" Pressure Plup 02 41 14 EA 1 52 500.00 52.500.00 3 3311.0001 Ductile Iron Water Fittin s w/ Restraint 33 11 11 TON 2.11 $25,000.00 �52,750.00 4 3305.0109 Trench Safety 33 0510 LF 5,484 $2.00 $10 968.00 5 3305.0202 Imported EmbedmenUBackfill, CSS 33 0510 LF 205 540.00 �8 200.00 6 33052007 24" PVC Water Carcier Pi e 33 05 24 LF 141 �825.00 5116-325.00 7 33� 1.0541 16" Water PiG;e 33 11 10, 3311 12 LF 2,391 185.00 5A42 335.00 8 3311.0551 16" DIP Water 33 11 10 LF 226 $205.00 546 330.00 9 3311.0641 24" Water Pipe 33 11 10, 33 11 12, 33 11 13, 33 11 14 LF 2,726 5275.00 5749-650.001 10 3312.0109 Connect to Existina 30" Water Main 33 12 25 EA 1 312.500.00 $12 500.001 11 3312.3006 16" Gate Valve w! Vault 33 12 20 EA 8 $24.500.00 5196 000.00 12 3312.3008 24" Gate Valve w/ Vault 33 12 20 EA 3 $46 500.00 S139 500.00 13 3312.6002 6" Blow Off Valve 33 12 60 EA 2 $12.500.00 �25 000.00 14 3312.6003 S" Blow Off Valve 33 12 60 EA 2 $14.500.OD '329 D00.00 15 3471.0013 Traffic Control 34 71 13 EA 1 $2,500.D0 S2 500.00 16 9999.0001 2" Air Release Valve 00 00 00 EA 3 14 500.00 $43,500.00 17 9999.0002 4" Air Release Valve 00 00 00 EA 2 28 500.00 357 000.00 18 9999.0003 Connect to Prop 24" Water 00 00 00 EA 1 $6 500.00 �6 500.00 19 9999.0004 42" Steel Casin B Bore 00 00 00 LF 141 $1 200.OD 5169200.00 20 21 -22- - - - 23 - - 24 25 - 26 - ---- - - -27- 28 --29- - 30 31-- - -0- -- 32 33 � 34 35 36 37 38 39 40 � � TOTAL UNIT 1B: ONSITElOFFSITE WATER IMPROVEMENTS PARTIAL CITY $2,1'11,258.00 C1TY OF FORT WORTH STANDARD CON57RUCTfON SPEC�ICA710N DOCUMEN75 - DEVEIAPE[t AWAR�ED PAOIECTS Fa=m Vasiov May 22, 2019 CA77I.F.MANS CROSSAIG P}IASE 1 0o az as DAP -BID PROPOSAL Page 3 of9 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Infrrmation Bidder's Proposal Bidlist Descriptioa SpeciScation Sectiou No. Unit of Bid Unit Price Bid Value Item No. Measure Quautity UNIT 2: SANITARY SEWER IMPROVEMENTS 1 3136.0103 Welded Gabion Mattresses 02 10 14 CY 27 $400.00 510,800.00 2 3301.0002 Post-CCN Inspection 33 01 31 LF 4,660 $4.00 518.640.00 3 3301.0101 Manhole Vacuum Testing 33 01 30 EA 15 $150.00 $2250.00 4 3305.0109 Trench Safety 33 05 10 LF 4,660 �2.00 $9 320.00I 5 3305.0202 Im �orted EmbedmentlBackfill CSS 33 05 70 LF 240 $40.00 g9,600.00 6 3331.3101 4" Sewer Service 33 31 50 EA 77 5900.00 S69,300.00 7 333'1.3101 4" Sewer Service iFuture 33 31 50 EA 6 900.00 55 400.00 8 3331.4115 8" Sewer Pipe 33 31 20 LF 3,819 562.00 $236.778.00 9 3331.4116 8" Sewer Pipe, CSS Backfili 34 31 20 LF 215 572.00 $15 480.00 10 3331.4201 10" Sewer Pipe 33 11 10, 33 31 12, 33 31 20 LF 5 582.00 410.00 11 3331.4208 12" Sewer Pipe 33 11 10, 33 31 12, 33 31 20 LF 836 592.00 576.912.00 12 3331.4209 12" Sewer Pipe, GSS Backfill 33 11 10, 33 31 12, 33 31 20 LF 72 $102.00 57.344.00 13 3331.575'I 12" Sewer Pipe, CLSM Backfill 34 11 10, 33 31 12, 33 31 20 LF 20 $112.00 2.240.00 14 3339.0001 E oxv Manhole Liner 33 39 60 VF 53 $485.00 $25.705.00 15 3339.1001 4' Manhole 33 39 10 EA 14 5�4 800.00 �67,200.00 16 3339.1002 4' Drop Manhole 33 39 10, 33 39 20 EA 1 $6,000.00 56 000.00 17 3339.1003 Extra Depth Manhole (> 6.0') 33 39 10 VF 85 �225.00 819 125.00 18 3471.0013 Traffic Control 34 71 13 MO 1 $2 500.00 S2 500.00 19 9999.0005 Water TiQht MH Cover 60 00 00 EA 2 52.000.00 54,000.00 20 9999.0006 Connect to Existing 8" Sewer Main d0 �Q 00 EA 1 $3.500.00 3 500.00 21 9999.0007 Hydraulic Slide oa o0 0o EA 1 �4,500.00 54,500.00 22 _ _ 23 -24 - --- -- 25 - --- 26 - � _. 27 - - 28 _ 29 - 30 � 31 -3L - - - 33 � � 34 35 36 37 38 39 ..-- 40 --i- TOTAL UNIT 2: SANITARY SEWER IMPROVEMENTS $597,004.00 CIIY OF FORT WORTH STANDA[iD CON57RUCT10N SPEC�'ICATION DOC[1MEN7S -DEVEIAPER AWARDED PROJECI'S Fo�m Version May 22, 2019 CA7TI.EMANS CAOSSING PHASE 1 00 42 43 DAP - BID PROPOSAL Page 4 of9 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Iuformation Biddei's Proposal Bidlist Description Specification Section No. Unit of Bid Unit Price Bid Valve I[em No. Measure Quanrity UNIT 3: DRAINAGE IMPROVEMENTS 1 3125.0101 SW PPP z i Acre 31 25 00 LS 1 55 500.OD $5 500.00 2 3137.0102 Larqe Stone Ri�xap, dr 31 37 00 SY 361 �145.00 52,345.D0 3 3305.0109 Trench Safet 33 05 10 LF 3,275 $1.00 53275.00 4 3341.0201 21" RCP, Class III 33 41 10 LF 242 $80.00 'b19 360.00 5 3341.0205 24" RCP, Class III 34 41 10 LF 1,074 590.00 $96.660.00 6 3341.0206 24" RCP, Class IV 33 41 10 LF 116 $105.00 �12 180.OD 7 ,3341.0208 27" RCP, Class III 33 41 10 LF 25 S95.00 52 375.00 8 3341.0309 36" RCP, C3ass III 33 41 10 LF 270 5140.00 �37 SOD.00 9 p3341.0402 42" RCP, Ciass Iil 33 41 10 LF 363 $175.00 563.525.00 1Q 3341.0409 48" RCP. Class III 33 41 10 LF 976 g205.00 5200.080.00 11 �3341.0502 54" RCP, Class III 33 41 10 LF 141 5275.00 538775.00 12 3341.1201 5' X 3' Bax Culvert 33 41 10 LF 68 $395.00 526 860.00 13 3349.0001 4' Storm Junction Box 33 49 10 EA 4 $6.5D0.00 �26 000.00 14 3349.0002 5' Storm Junction Box 33 49 10 EA 5 $7 5D0.00 337 500.00 15 3349.5001 10' Curb Inlet 33 49 20 EA 17 g4 600.00 �78 200.00 16 3349J002 4' Dro Inlet 33 49 20 EA 1 $6,500.00 56,500.00 17 3471.0013 Traffic Control 34 71 13 MO 1 2 500.00 $2.5D0.00 18 3471.0013 Traffic Control rBusiness 2871 34 71 13 MO 1 $3b00.00 �3 500.00 19 9999.0008 24" Slo ino Headwall oo ao 0o EA 3 $4 D00.00 W12 000.00 20 9999.0009 48" Slo in Headwall 00 00 00 ER 1 6.500.00 56 500.00 21 9999.0010 5' x 3' Parallel Headwall oo aa oo EA 2 �24.500.00 549 OD0.00 22 9999.0011 54" Parallel Headwall OD 06 00 EA 1 $22 500.00 S22 500.00 23 9999.0012 Remove 3' X 3' Culvert 00 OQ 00 LF 52 5200.00 510,400.00 24 9999.0013 Remove 2 BBL 3'X3' Headwall OD 00 OD EA 2 53.500.00 57 000.00 25 9999.0014 PermanentAsphalt Repair (TXDOTj 00 OQ 00 SY 75 a120.00 59,000.00 26 9999.0015 36" RCP Pluq 00 00 00 EA 1 51 OOO.OD S'I 000.00 27 28 - Z9 - 30 - -- - - - - 31 - - --. _.. - _ -� -�� _� _-------_ 32 ,.33 - - - -- - 34 35 36 37 38 39 40 � TOTAL UNIT 3: DRAINAGE IMPROVEMENTS $830,335.00 CCIY OFFORT WORTH STANDARD CON51R[1CT10N SPECIFICATTON DOCUbfEN'IS -DEVEIAPER AWARDED PROlEC1S Fo�m Version May?2, 2019 CATTf.EMANS CROSSING PHASE ] 00 42 43 DAP -HID PROPOSAL Pege 5 of9 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Infotmation Bidde�'s Proposal Bidlis[ Description SpceificationSectionNo. Unitof B�d Uni[Price BidValue Item No. Measure Quantity UNIT4A: PAVING IMPROVEMENTS 1 3211.0400 Hydrated Lime 32 11 29 TON 247 5245.00 $60,515.OD 2 3211.050'I 6" Lime Treatment 32 11 29 SY 12,370 54.00 549,480.00 3 3213.0101 6" Conc Pvmt 32 13 13 SY 11 245 $62.00 5697,190.00 4 3213.0302 4" Conc Sidewalk f Bv Develoner 32 13 20 SF 6 670 a5.00 $33 350.00 5 3213.0501 Barrier Free Ramp, TVpe R-1 32 13 20 EA 4 $2.200.00 �8,800.OD 6 3213.0506 Barrier Free Ramp, Type P-1 33 13 20 EA 10 S2 400.00 524 000.00 7 3291.0100 Topsoil 32 91 19 CY 129 548.00 $6 200.00 8 3292.0100 Block Sod Placement 32 92 13 SY 775 310.00 g7750.00 9 3292.0400 Seeding, Hydromulch (Open Space) 32 92 13 SY 12.625 52.00 525250.00 10 3441.4003 Furnishllnstall Alum Si n Ground Mount Ci Std. 34 41 30 EA 7 5850.00 55,950.OD 11 3471.0001 Traffic Control 34 71 13 MO 1 3,500.OD �3 500.00 12 9999.0001 Install EOR Barricade 00 00 00 EA 2 51,200.00 52 400.00 13 9999.0002 Connect to Exist Pavement 00 00 00 EA 2 52 500.00 $5 000.00 14 -15_. -�5- 17 - - -18- - - - -- - - 19- - - -20- - --- - - 2�,- - - - - -22- - 23 - � 24 25._ _ , � 2S - 27 T 28 - - - - --29 - -- ---- 30 i 31 32 33 34 35 36 37 38 39 40 -�- - -_ _ -- - �.�. TOTAL UNIT 4A: PAVING IMPROVEMENTS $929,355.00 CCIY OF FOR7 WOR'CH STANDARD CONS'IRUCTION SPECIF1CA770N DOCUMEN7S -DEVE[APER AWARDED PROJECIS Form Version May 22, 2019 CATTI.EMANS CROSSING Plv SE 7 ao az as DAP -BID PROPOSAL Page 6 of 9 UNIT PRICE BID SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Bidder's Application Project Item Info:mation Bidde2s Proposal Bidlis[ Descriptio¢ Spceification Section No. Unit of B�a Unit Price Bid Value Itcm No. Measure Qua¢[iry UNIT 4B: OFFSITE PAVING IMPROVEMENTS - U.S. BUSINESS 287 CREDIT 1 3211.0400 Hvdrated Lime 32 9 i 29 TON 48 $Z45.00 S11 760.00 2 3211.0501 6" Lime Treatment 3: �? 29 SY 2 418 56.00 �14 508.00 3 3212.0504 7" Asphalt Base Type B 32 t 2 1 o SY 1.919 S82.00 8157 358.00 4 3213.0102 7" Conc Pvmt 33 13 t 3 SY 279 592.00 Q25 668.00 5 3217.0004 4" BRK Pvmt Markin HAS (Y 32 17 23 LF 4,330 54.00 317.32D.00 6 3217.0102 6" SLD Pvmt Markin HAS fY1 32 17 23 LF 3 944 5.00 $19.720.00 7 3217.0201 8" SLD Pvmt Marking HAS fW i 32 17 23 LF 2 670 6.00 $16,020.00 8 3217.2104 REFL Raised Marker TY II-C-R 32 17 23 EA 88 58.00 �704.00 9 3217.4302 Remove 6" Pvmt Markino 32 17 23 LF I 4330 52.00 58 660.00 10 3292.0400 Seedin�, Hvdromulch 32 92 13 SY 5080 52.00 Y�10 160.00 11 3441.41 �0 Remove and Reinstall Si n Panel and Post 34 41 30 EA 1 �1 000.00 51 _000.00 12 3471.0001 Traffic Control 34 71 13 MO 1 56 500.00 $6.500.00 13 -14 - - ,15- - �s- - i� i -�8- - 19 - Z�- - - - - 21 -22- - 23'- - - -24 - - �25 --ZS - --2� - - - 28 - - _.29- - -- 30 � , 31� -- - 3z- - - 33 - - - - 34 35 36 37 38 39 40 --- _�:. - - - �_ - - TOTAL UNIT 46: OFFSITE PAVING IMPROVEMENTS - U.S. BUSINESS 287 CREDIT $289 378.00 CTTY OF FORT WDRTH �TANDARD CONSTRUC770N SPEC7F[CA770N DOCUhIENl'S -DEVEIAPER A WARDED PROJECTS Form Version May 22, 2019 CA711£MANS CROSSIlVGPHASE l 00 4? 43 DAP-BIDPROPOSAL Page 7 of 9 UNIT PRICE BID SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Bidder's Application Project Item Information Biddefs Proposal Bidlist Description Specification Seclion No. Uuit of $�d Uuit Price Bid Value I[em No. Measure Quantity UNIT 5A: STREET LIGHTING IMPROVEMENTS 1 2605.3015 2" CONDT PVC SCH 80(T) 26 05 33 LF 1758 $15.00 $26,370.00� 2 3441.1410 NO 10 Insulated Elec Condr 34 41 10 LF 5 274 52.00 $10 548.00 3 3441.1646 Furnishllnstall Type 336 Arm 34 41 20 EA 17 5950.00 a16,150.00 4 3441.3050 Furnish/lnstall LED Lighting Fixture I70 watt ATBO 34 41 20 EA 17 $750.00 512750.00 5 3441.3301 Rdwy Illum Foundation N 1,2, and 4 34 41 20 EA 17 $1 400.00 ,"*.23 800.00 6 3441.3351 Furnish/Install Rdway Illum TY 11 Pole 34 41 20 ER 17 52 400.00 fi40 800.00 7 —8_ — _9_ _� 10— -- — -- — 11 —....._.. - — 12 _,., 3 _ —14— — — 15 16 --� � — —18 - — —19 _. 20 — - :21 _� — z2 23 � � — 24 - 25 — zfi � - - - - - Z� - — 28 — _ 29 _ 30 - — — --- 31 _......_. . 32 33 -- — -- 34 35 36 J 37 38 39 40 _�_ TOTAL UNIT 5A: STREET LIGHTING IMPROVEMENTS $130,418.00 C7Il' OF FORT WORTH STANDARD CONS7RUCT[ON SPECIFICATTON DOCUMEN7S - DEVEIAPER A WARDED PROlEC1'S FOIm Vecsion May 22, 2019 CATTLCMANS CROSSPIG PfIeISE 1 DO 42 43 DAP-BIDPROPOSAL Page 8 oC9 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Infoimation Biddets Proposal Bidlist Desc[iption Specification Section No. Uoit of B�d Unit Price Bid Value Item No. Measute Quau[ity UNIT SB: U.S. BUSINESS 287 STREET LIGHTING IMPROVEMENTS CREDIT 1 2605.3015 2" CONDT PVC SCH 80(T) 26 05 33 LF 2 103 $15.00 531 545.00 2 3441.1405 NO 2 Insulated Elec Condr 34 41 10 LF 6 309 ,4.00 525,236.00� 3 3441.�646 Furnish/Install Type 33B Arm 34 41 20 EA 12 :�950.00 511 A00.00 4 3441.3D50 Furnish/lnstall LED Lighting Fixture (70 watt ATBO �34 41 20 EA 12 5950.00 S11 400.00 5 3441.3303 Rdw� Illum Foundation TY 18,18A,19, and D-40 34 41 20 EA 12 $1.800.00 521.600.00 6 9999.0001 Furnishllnstall Rdway Illum TY 18 Pole 34 41 20 EA 12 $3.700.00 $44 400.00 7 —8 .9� _ �O- - 11 — — - - —12— — u 13� _ --14 _ ^ — ��5 — - - - 16 — — � 1 � —,. --18 — — 19 —20— — � .21 � 22 - - 23 — 24 _ _ 25 _ _ 26 - 27 28 _ 29 _ 30 31 32 — - —33 � - — 34 35 36 37 38 39 40 — �-- -_ - TOTAL UNIT 5B: OFFISTE U.S BUSINESS 287 STREET LIGHTING IMPROVEMENTS GREDIT $145,581.00 CIIY OP FORT WORTH S7ANDARD CONSIRUCYION SPEC�ICATTON DOCUMENIS -DEVEIAPER A WARDED PRO.IL�C7S Fo�m Versioo May 22, 2019 CA711.EMANS CROSSMG PEiA$E 1 00 42 43 DAP-BIDPROPOSAL Page 9 of9 secnoN oo a2 as Developer Awarded Projects - PROPOSAL FORM 7'6is Bid is su6mitted by the entity named below: BIDDER: Conatser Construcdon 7'X, L.P. 5327 Wichita St. Fort Worth, TX 76119 BY: Bro/ck jHnovine i:�i7.f/C� NC� .. ` vz T1TI.E: President DATE: Contracror agrees to compkte WORK tor FINAI. ACCEPTANCE within 2—[ � worWng daya aker t� date wheu the CONTRACT commences to rm as p�vvlded in the Gmenl Conditlona. END OF SECTION � � CIIY OF FORT WOR7H STANDARD CONSIRUCI70N SPEC�ICATION UOCUMENI`S -DEVEIAPHR AWARDID PROIECfS Fmm Vasian May 22, 2019 CATTIEMAN5CRO55WGPHASEI UNIT PRICE BID Bidder's Application 4/23/24, 1:16 PM CITY COUNCIL AGENDA Create New From This M8�C DATE: F��T��o�rii �- REFERENCE **M&C 24- 60CATTLEMANS CROSSING 3/19/2024 NO.: 0223 LOG NAME: PHASE 1 WATER & SEWER IMPROVEMENTS CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 10) Authorize Execution of a Community Facilities Agreement with Ashton Dallas Residential, LLC, with City Participation in the Amount Not to Exceed $1,609,868.66 for Oversizing 8-Inch and 12-Inch Water Mains Along Street B of the Proposed Development to a Continuous 16-Inch Water Main, Oversizing 8-Inch and 12-Inch Water Mains On the Northeastern Frontage of the Development to a 24-Inch Water Main With an Additional 166 Linear Feet of Pipe and Oversizing a 10-Inch Sewer Main to a 12-Inch Sewer Main Along Street B for Cattleman's Crossing Phase 1 Development Located in North West Fort Worth, and Adopt Appropriation Ordinance to Effect a Portion of Water's Contribution to the Fiscal Years 2024-2028 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of a Community Facilities Agreement with Ashton Dallas Residential, LLC with City participation in an amount not to exceed $1,609,868.66 for oversizing 8-inch and 12-inch water mains along Street B of the Development to a continuous 16-inch water main, oversizing 8-inch and 12-inch water mains on the northeastern frontage of the development to a 24-inch water main with an additional 166 linear feet of pipe and oversizing a 10-inch sewer main to a 12-inch sewer main along Street B for Cattleman's Crossing Phase 1 Development located in north west Fort Worth; and 2. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Water & Sewer Capital Project 2018 fund by increasing estimated receipts and appropriations in the Community Facilities Agreement Bucket programmable project (City Project No. P00001) in the amount of $1,925,139.00 and decreasing estimated receipts and appropriations in the Unspecified-All Funds project (City Project No. UNSPEC) by the same amount for the purpose of funding the Community Facilities Agreement — CFA Cattleman's Crossing Ph 1 project (City Project No.104562) and to effect a portion of Water's contribution to the Fiscal Years 2024-2028 Capital Improvements Program. DISCUSSION: Ashton Dallas Residential, LLC (Developer) is constructing the Cattleman's Crossing Phase 1 development project located east of U.S Business 287 and south of Avondale Haslet Road. The City is participating in the water public improvements to oversize an 8-inch and 12-inch water mains to a 16- inch water main located on Street B to serve on-site development. Also, the City is participating in the water public improvements to oversize an 8-inch and 12-inch water mains to a 24-inch water main along the northeastern frontage for the development of which 166 linear feet is an additional pipe to extend across the railroad tracks to meet the City's needs for future capacity. The City will pay 100\% of the price difference for the oversizing of an 8-inch and 12-inch water mains to 2,617 linear feet of a 16-inch water main at an estimated cost of $539,968.03. The City will pay construction cost for 2,867 linear feet of a 24-inch water main is estimated to be allocated at 18.3\% for the Developer and 81.7\% for the City for an estimated cost to the city of $1,028,573.00. Additionally, the City is participating in sewer public improvements to oversize an 10-inch sewer main to 12-inch sewer main to the existing lift station to serve the Cattleman's Crossing Phase 1 Development. The City will pay 100\% of the price difference for the oversizing from a 10-inch to 399 linear feet 12-inch at an estimated cost of $7,810.60. The City's calculation for city participation is in accordance with the City's Community M&C Review apps.cfwnet.org/council_packeUmc_review.asp?ID=31930&councildate=3/19/2024 1 /3 4/23/24, 1:16 PM Developer Cost $415,961.00 Facilities Agreement (CFA) unit price ordinance number 23657-05-2019. The Cattleman's Crossing Phase 1 project is assigned City Project No. 104562 and Accela System Record IPRC23-0086. In accordance with Chapter 212, Subchapter C of the Texas Local Government Code, the City's participation in the contract is exempt from competitive bidding requirements because the contract is for oversizing public improvements being constructed by the Developer, the Developer will execute a performance bond to cover the total project cost, including all of the City's cost participation, and the City's cost participation will be determined in accordance with the City's Community Facilities Agreement (CFA) unit price ordinance. The City's cost participation in oversizing the water and sewer mains is estimated to be in an amount not to exceed $1,609,868.66 as shown in the table below. Payments to the Developer are estimated to be $1,576,351.63 for construction costs and $31,527.03 for material testing. The City's cost participation also includes $1,990.00 to cover the City's portion of construction inspection service fees, administrative material testing fees, and water lab fees. An additional $315,270.33 in the contingency funds will cover the City's portion of any change orders. The following table shows the cost sharing breakdown for the project between all parties: A. Public Improvements 1A- Water- 100\% Developer 1 B- Water-(8 &12-inch to 16- inch) 1 B- Water- (8 & 12-inch to 24- inch) 2. Sewer- (10-inch to 12-inch) M&C Review $0.00 $415,961.00 $253,880.17 $539,968.03 $793,848.20 $288,836.80 $1,028,573.00 $1,317,409.80 $589,193.40 $7,810.60 $597,004.00 Total Water/Sewer Improvements $1,547,871.37 $1,576,351.63 $3,124,223.00 Water Contingency 20\% $0.00 $315,270.33 $315,270.33 3. Drainage $830,335.00 $0.00 $830,335.00 $0.00 $1,218,763.00 $0.00 $275,999.00 4. Paving $1,218,763.00 5. Street Lighting $275,999.00 B. Inspections & Testing 1. Construction Inspection Fee 2. Admin Material Testing Fee 3. Material Testing Cost 4. Water Lab Fee Total Project Cost $88,500.00 $1,500.00 $90,000.00 $17, 885.00 $490.00 $18, 375.00 $0.00 $31,527.03 $31,527.03 $1,440.00 $0.00 $1,440.00 $3,980,793.37 $1,925,138.99 $5,905,932.36 *Numbers will be rounded up for accounting purposes. The reimbursement of the City participation, excluding inspection and material testing fees, is not a lump-sum amount and may be less than the stated amount depending upon the actual quantities and unit prices from the Notice of Final Completion package, commonly referred to as the Green Sheet package. It is the practice of the Water Department to appropriate its CIP plan throughout the Fiscal Year, instead of within the annual budget ordinance, as projects commence, additional funding needs are identified, and to comply with bond covenants. The actions in the Mayor & Council Communication (M&C) will appropriate funds in support of the Water Department's portion of the City of Fort Worth's Fiscal Years 2024-2028 Capital Improvements Program, as follows: 60CATTLEMANS CROSSING PHASE 1 WATER & SEWER IMPROVEMENTS Capital Budget Change Revised FY2024 CIP Fund Project Name Appropriations Authority (Increase/ FY2024 Name Decrease) Budget City Cost Total Cost apps.cfwnet.org/council_packeUmc_review.asp?ID=31930&councildate=3/19/2024 2/3 4/23/24, 1:16 PM M&C Review 56014 — 104562 - CFA- W&S Cattleman's $0.00 This M&C $1,925,139.00 $1,925,139.00 Capital Proj Crossing Ph1 2018 Fund Funding is available in the Unspecified-All Funds project within the Water & Sewer Capital Projects 2018 Fund for the purpose of funding the CFA-Cattleman's Crossing Ph 1 project. Funding for the Community Facility Agreement (CFA) —Cattleman's Crossing Ph 1 project as depicted in the table below: FUND Existing Additional Project Total* Appropriations Appropriations W&S Capital Proj 2018 — Fund 56014 Project Total �Numbers rounded for presentation purposes. $0.00 $0.00 $1,925,139.00 $1,925,139.00 $1,925,139.00 $1,925,139.00 BUSINESS EQUITY Ashton Dallas Residential LLC is in compliance with the City's Business Equity Ordinance by committing to 9\% MWBE participation on this developer project. This project is located in COUNCIL DISTRICT 10. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are currently available in the Unspecified -All Funds project within the W&S Capital Proj 2018 Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in W&S Capital Proj 2018 Fund for the CFA- Cattleman's Crossing Ph 1 project to support the approval of the above recommendations and execution of the agreement. Prior to an expenditure being incurred, the Water Department has the responsibility of verifying the availability of funds. TO CFund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) , Submitted for City Manager's Office by_ Originating Department Head: Additional Information Contact: ATTACHMENTS Fernando Costa (6122) Chris Harder (5020) Suby Varughese (8009) Melissa Harris (8428) CERTIFICATE OF INTERESTED PARTIES Form 1295.pdf (CFW Internal) city_participation exhibits.pdf (CFW Internal) apps.cfwnet.org/council_packeUmc_review.asp?ID=31930&councildate=3/19/2024 3/3 A.�7 a� s � � � W"� �� W W � Z xW� � � z 0 � � � I I I I I I I I a z z � Q Q w W LL 0 � W = W O a Q tt � u � U' - ¢ m � w w w a a I � z O O 2 2 J Q Z Q � � rc rc z a w w w w y y > > � ¢ a a a w > � uQi vai m w � � ' � h �� a w w a a �� - p�Q��m - i ooao$$ ° �°a�=wOo�a �� 05��LL�a�z w� �°-�; °LL wo _oo°�go��W ��n _ aoQ� �� a�>- �� --a��`�z� �_��ooaLL�p g A O E �S ` W � � v � m' ...,,,� b3�y��1 ��e�� -�5f� . 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