HomeMy WebLinkAboutContract 62805Received Date: Feb 20, 202S
Received Time: l:36 p.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, Texas 75234
Phone & Email: 817-822-1132 I Daniel.satsky@ashtonwoods.com
Authorized Signatory, Title: Daniel Satsky, Vice President
Project Name: Cattleman's Crossing Force Main & Lift Station
Brief Description: Sewer Improvements
Project Location: East ofBUS-287 and Southwest ofUS-287; North of Prairie
Ridge Estates
Plat Case Number: Plat Name: I
Mapsco: TAR-4Z Council District:
CFANumber: 24-0126 City Project Number:
City of Fort Worth, Texas
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
7
105377 I IPRC24-0005
Page 1 of21
City Secretary Number: _6_2_so_s ____ _
STANDARD COMMUNITY FACILITIES AGREEMENT WITH CITY PARTICIPATION
This COMMUNITY FACILITIES AGREEMENT ("Agreement") is made and entered into by
and between the City of Fort Worth ("City"), a home-rule municipal corporation of the State of Texas,
acting by and through its duly authorized Assistant City Manager, and Ashton Dallas Residential L.L.C.,
a Texas limited liability company ("Developer"), acting by and through its duly authorized representative.
City and Developer are referred to herein individually as a "party" and collectively as the "parties."
WHEREAS, Developer is constructing private improvements or subdividing land within the
corporate limits of Fort Worth, Texas or its extraterritorial jurisdiction, for a project known as Cattleman's
Crossing Force Main & Lift Station ("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
$744,779.71 to enlarge the scope of the Improvements beyond what Developer is responsible for
constructing by oversizing the expansion of the Hunter Crossroads lift station and oversizing a 10-inch
sewer force main as authorized by City Council through approval of M&C 24-0861 on October 15, 2024
("City Participation"); and
WHEREAS, the City Participation includes reimbursement to Developer in amounts not to exceed
$669,664.06 for construction costs, $13,393.28 for material testing costs, $1,400.17 for IPRC fees,
$3,355.99 for bid advertisement costs, and $830.93 for railroad permits. The remaining City Participation
in the amount of $56,135.28 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;
City of Fort Worth, Texas
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
Pagel of21
NOW, THEREFORE, for and in consideration of the covenants and conditions contained herein,
the City and the Developer do hereby agree as follows:
1.
CFA Ordinance
The Community Facilities Agreements Ordinance ("CFA Ordinance"), as amended, is incorporated
into this Agreement by reference, as if it was fully set forth herein. Developer agrees to comply with all
provisions of the CFA Ordinance in the performance of Developer's duties and obligations pursuant to this
Agreement and to cause all contractors hired by Developer to comply with the CFA Ordinance in
connection with the work performed by the contractors. If a conflict exist between the terms and conditions
of this Agreement and the CFA Ordinance, the CFA Ordinance shall control.
2.
Incorporation of Engineering Plans
The engineering plans for the Improvements that have been approved by the City ("Engineering
Plans") are incorporated into this Agreement by reference as if fully set out herein. Developer shall provide
at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to
construct the Improvements required by this Agreement.
3.
Description of Improvements; Exhibits and Attachments
The following exhibits describe the general location, nature and extent of the Improvements that
are the subject of this Agreement and are attached hereto and incorporated herein by reference:
❑ Exhibit A: Water
❑X Exhibit B: Sewer
❑ Exhibit C: Paving
❑ Exhibit D: Storm Drain
❑ Exhibit E: Street Lights & Signs
❑ Exhibit F: Traffic Signal & Striping
The Location Map and Cost Estimates are also attached hereto and incorporated herein by
reference. To the extent that Exhibits A, B, C, D, E, F, 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
City of Fort Worth, Texas Page 3 of 21
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
Improvements, and consent of the surety on payment and performance bonds provided for the
Improvements. If the Developer's contractors: (a) are not constructing the Improvements in accordance
with the Engineering Plans; (b) the contractors violate federal law, state law or local law, policies, rules
or regulations in connection with the construction of the Improvements; or (c) coordination of the timing
of the construction of adjacent utilities is necessary to avoid having to remove and replace Improvements
that Developer's contractors are about to install, the City may temporarily suspend the construction of
the Improvements by delivering a written notice to Developer and Developer's contractors. The
temporary suspension of the construction of the Improvements shall only occur for the amount of time
necessary for Developer's contractors to correct the violation or for the coordination of the utilities to
be completed, and upon any such suspension, City agrees to reimburse Developer for the City's share
of construction costs for work properly completed through the date City suspended construction.
5.
Financial Guarantee
Developer has provided the City with a financial guarantee in the form and amounts set forth in
this Agreement which guarantees the construction of the Improvements and payment by Developer of
all contractors, subcontractors, and material suppliers for the Improvements ("Financial Guarantee").
Developer shall keep the Financial Guarantee in full force and effect until released by the City and shall
not reduce the amount of the Financial Guarantee unless authorized by the City in accordance with the
CFA Ordinance.
6.
Completion Deadline; Extension Periods
This Agreement shall be effective on the date this Agreement is executed by the City's Assistant
City Manager (`Bffective 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 shall be for
no 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
City of Fort Worth, Texas Page 4 of 21
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
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, except for any final plats for the first phase of the Cattleman Crossing development for 77
lots and any infrastructure associated therewith subject to a separate CFA with City ("Phase 1"),
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
City of Fort Worth, Texas Page 5 of 21
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
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.
(b) THE DEVELOPER COVENANTS AND AGREES TO, AND BY THESE PRESENTS DOES
HEREBY FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS
OFFICERS, AGENTS AND EMPLOYEES FROM ALL SUITS, ACTIONS OR CLAIMS OF
ANYCHARACTER, WHETHER REAL ORASSERTED, BROUGHT FOR OR ONACCOUNT
OFANYINJURIES OR DAMAGES SiISTAINED BYANYPERSONS, INCL UDING DEATH,
OR TO ANY PROPERTY, RESULTING FROM OR IN CONNECTION WITH THE
CONSTRUCTION, DESIGN, PERFORMANCE OR COMPLETION OFANY WORK TO BE
City of Fort Worth, Texas Page 6 of 21
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
PERFORMED BY SAID DEVELOPER, ITS CONTRACTORS, SUBCONTRACTORS,
OFFICERS, AGENTS OR EMPLOYEES, OR IN CONSEQUENCE OFANYFAILURE 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, RESIILTING FROM, OR INANY WAY CONNECTED WITH, THE
CONSTR UCTION 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 CAIISED 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
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
City of Fort Worth, Texas Page 7 of 21
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
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 deemed 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
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:
Ashton Dallas Residential L.L.C.
1800 Valley View Lane, Ste 100
Farmers Branch, Texas 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.
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
City of Fort Worth, Texas Page 8 of 21
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
transactions relating to this Agreement. Developer agrees that the City shall have access during normal
working hours to all necessary Developer facilities and shall be provided adequate and appropriate
workspace in order to conduct audits in compliance with the provisions of this section. The City shall give
Developer reasonable advance notice of intended audits.
Developer further agrees to include in all contracts with Developer's contractors for the
Improvements a provision to the effect that the contractor agrees that the City shall, until the expiration of
three (3) years after final payment under the contract, have access to and the right to examine any directly
pertinent books, documents, papers and records of such contractor, involving transactions to the contract,
and further, that City shall have access during normal working hours to all of the contractor's facilities, and
shall be provided adequate and appropriate work space in order to conduct audits in compliance with the
provisions of this section. City shall give Developer's contractors reasonable advance notice of intended
audits.
18.
Independent Contractor
It is eXpressly understood and agreed that Developer and its employees, representative, agents,
servants, officers, contractors, subcontractors, and volunteers shall operate as independent contractors as to
all rights and privileges and work performed under this Agreement, and not as agents, representatives or
employees of the City. Subject to and in accordance with the conditions and provisions of this Agreement,
Developer shall have the exclusive right to control the details of its operations and activities and be solely
responsible for the acts and omissions of its employees, representatives, agents, servants, officers,
contractors, subcontractors, and volunteers. Developer acknowledges that the doctrine of respondeat
superior shall not apply as between the City and its officers, representatives, agents, servants and
employees, and Developer and its employees, representatives, agents, servants, officers, contractors,
subcontractors, and volunteers. Developer further agrees that nothing herein shall be construed as the
creation of a partnership or joint enterprise between City and Developer. It is further understood that the
City shall in no way be considered a co-employer or a joint employer of Developer or any employees,
representatives, agents, servants, officers, contractors, subcontractors, and volunteers of Developer.
Neither Developer, nor any officers, agents, servants, employees or subcontractors of Developer shall be
entitled to any employment benefits from the City. Developer shall be responsible and liable for any and
all payment and reporting of taxes on behalf of itself, and any of employees, representatives, agents,
servants, officers, contractors, subcontractors, and volunteers.
The City, through its authorized representatives and employees, shall have the sole and exclusive
right to exercise jurisdiction and control over City employees.
19.
Applicable Law; Venue
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
City of Fort Worth, Texas Page 9 of 21
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
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. 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
City of Fort Worth, Texas Page 10 of 21
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
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 verif'ication 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
City of Fort Worth, Texas Page ll of 21
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
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 PARAGRAPHBYDEVELOPER, 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
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.
City of Fort Worth, Texas Page 12 of 21
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
Counterparts
This Agreement may be eXecuted in multiple counterparts, each of which will be deemed an
original, but which together will constitute one instrument.
36.
Entire Agreement
This written instrument, together with any attachments, exhibits, and appendices, constitutes the
entire understanding between the City and Developer concerning the work to be performed hereunder, and
any prior or contemporaneous, oral or written agreement that purports to vary from the terms hereof shall
be void.
37.
City Participation; Fiscal Funding Limitation
(a) The City shall reimburse Developer for 40.2% of the construction costs for the project in amounts
not to exceed $308,668.06 for force main construction costs, and $360,996.00 for lift station
construction costs. The City shall reimburse Developer in amounts not to exceed $13,393.28 for
material testing costs, $1,400.17 for IPRC fees, $3,355.99 for bid advertisement costs, and $830.93
for railroad permits. The remaining City Participation in the amount of $56,13 5.28 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. 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:
EPRC:2d-6�65 CPN 165377
Pmjec[ item iniormation Bidders Proposal
�eseription Specificadon Secbon Na. ��� °f Bid Quar�tity llni[ Pnce 8id Value
Measure
$id S�mma
Clll' C�STS 4Q.2 io D��ELUPER CQSTS rora� tosr
59.8 I
UN1T IA SANITaRY SEI�,'ER €MPR�VEMENTS (Force IvEain] 53G8,6fi8.66 �455.162.94 $7G7.83I.flt�
UNIT IB: SANITARY SE1^,`ER IMPRc7VEMENTS (Lift Station 536�,99G.00 �537Oi11.OQ y898,0�7�.001
Total Constaiction Bid 5669,G&4.d6 5996,�66.94 1,665.83i.flfl
(b) As construction of the Improvements commences, Developer will receive applications for payment
from Developer's contractors. Developer shall verify that each application for payment is due and
payable under the construction contract between Developer and the contractor and that the
Improvements that are the subject of the application for payment have been constructed. The City
will reimburse Developer for the costs included in a Payment Request within 30 days of receipt of
such Payment Request. Developer shall submit payment requests to the City, in the form of an
invoice, no more frequently than every thirty days in order to obtain reimbursement of the City
Participation (each a"Payment Request"). Each Payment Request shall be delivered to the City
through the City's Ebuilder software system.
Each Payment Request may seek reimbursement of the City's share of the Improvements that the
City is participating on that have been constructed. Commencing with the second Payment Request,
Developer shall provide an affidavit of payment and lien release signed by the Developer's
contractors covering the amount of the previous Payment Request. Each affidavit and lien release
shall verify Developer's payment to the contractor for the previous Payment Requests and the
contractor's payment to all subcontractors and material suppliers of all amounts owed in connection
City of Fort Worth, Texas Page 13 of 21
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
with the previous Payment Requests. City shall have no obligation to pay Developer for the second
Payment Request or any subsequent Payment Request until Developer provides the City with the
affidavit of payment and lien release signed by Developer's contractors verifying Developer's
payment to the contractors for the previous Payment Requests and the contractors' payment to all
subcontractors and material suppliers of all amounts owed in connection with the previous Payment
Requests. City shall withhold retainage in the amount of 5% of each payment made to Developer.
(c) The City Council has authorized execution of this Agreement and the City Participation set forth
herein in an amount not to exceed $744,779.71, which funds have been appropriated by the City
Council. Any additional City participation would require a written amendment to the Agreement
and 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 been constructed is paid in full.
(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. The City will pay the retainage to Developer after the Improvements are
constructed and accepted by the City and Developer submits an invoice for the retainage.
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.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
City of Fort Worth, Texas Page 14 of 21
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
39.
Cost Summary Sheet
Project Name: Cattleman's Crossing Force Main & Lift Station
CFA No. 24-0126
Ite ms
A. Water and Sewer Construction
1. Water Construction
2A. Sewer Force Main Construction
2B. Sewer Lift Station Construction
Water and Sew�r Construction Total
B. TPW Construction
1. Street
2. Storm Drain
3. Street Lights Installed by Developer
4. Signals
TPW Construction Cost Total
IPRC No. 24-0005 City Project No.105377
Developer's Cost City's Cost Total Cost
Total Construction Cost (ezcluding the fees)
Estimated Construction Fees:
C. Construction Inspection Service Fee
D. Administrative Material Testing Service Fee
E. Material Testing Cost
F. IPRC Fees
G. Bid Advertisement
H. Railroad Permit
E. Water Testing Lab Fee
Total Estimated Construction Fees:
TOTAL PROIECT COST
$ - $ - $ -
$ 459,162.94 $ 308,668.06 $ 767,831.00
$ 537,004.00 $ 360,996.00 $ 898,000.00
$ 996,166.94 $ 669,664.06 $ 1,665,831.00
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ 996,166.94 $ 669,664.06 $ 1,665,831.00
$ 81,985.80 $ 55,114.20 $ 137,100.00
$ 1,518.92 $ 1,021.08 $ 2,540.00
$ - $ 13,393.28 $ 13,393.28
$ 2,082.83 $ 1,400.17 $ 3,483.00
$ 4,992.24 $ 3,355.99 $ 8,348.23
$ 1,236.07 $ 830.93 $ 2,067.00
$ - $ - $ -
$ 91,815.86 $ 75,115.65 $ 166,931.51
$ 1,087,982.80 $ 744,779.71 $ 1,832,762.51
Financial Guarantee O tions, choose one Amount
BOnd = 100% $ 996,166.94 X
City of Fort Worth, Texas Page 15 of 21
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
Dana BuYfftdoff Dana Burghdoff (Feb 1 �ois 17:11 CST)
Dana Burghdoff
Assistant City Manager
Date: Feb 17, 2025
Recommended by:
Dwayne Hollars
Contract Compliance Specialist
Development Services Department
Approved as to Form & Legality:
Jackson Skinner
Assistant City Attorney
M&C No. 24-0861 Date:
10/15/24
Form 1295: 2024-1210598
ATTEST:
Jannette Goodall
City Secretary
City of Fort Worth, Texas
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
DEVELOPER
Ashton Dallas Residential L.L.C.,
a Texas limited liability company
Name: Daniel Satsky
Title: Vice President
Date: Feb 17, 2025
Contract Compliance Manager:
By signing, I acknowledge that I am the person
responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
Rebecca Owen (Feb 17, 2025 08:44 CST)
Rebecca Diane Owen
Development Manager
Page 16 of21
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
0 Attachment 3— Concurrent CFA Provisions
0 Location Map
❑ Exhibit A: Water Improvements
❑X Exhibit B: Sewer Improvements
❑ Exhibit C: Paving Improvements
❑ Exhibit D: Storm Drain Improvements
❑ Exhibit E: Street Lights and Signs Improvements
❑ Exhibit F: Traffic Signal and Striping Improvements
� Cost Estimates
[REMAINDER OF PAGE INTENTIONALLY BLANK]
City of Fort Worth, Texas Page 17 of 21
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
ATTACHMENT "1"
Changes to Standard Community Facilities Agreement
City ProjectNo. 105377
Negotiated changes contained within the body of the agreement.
City of Fort Worth, Texas Page 18 of 21
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
ATTACHMENT "3"
Concurrent CFA Provision
City Project No. 105377
The improvements being constructed by Developer pursuant to this Agreement will
connect to improvements being constructed by 170 Northstar Ranch Developer, Inc. under a
separate Community Facilities Agreement, City Secretary Contract No. 61689 (Hereinafter the
"Separate CFA"). Developer has requested and the City has agreed to allow Developer to begin
the construction of the improvements contained in this Agreement before the improvements being
constructed under City Secretary Contract No. 61689 are completed and accepted by the City.
Therefore, this Agreement shall be considered a"Concurrent CFA" and the provision contained
in this Attachment shall apply to this Agreement.
The improvements being constructed under the Separate CFA shall be defined as the
"Primary Proj ect." The improvements being constructed by Developer under this Agreement shall
be defined as the "Secondary Project."
Developer acknowledges and agrees that due to Developer's election to construct a
Concurrent CFA, the potential exists for technical, delivery, acceptance or performance problems
(hereinafter "Construction Problems"). Construction Problems may include, but are not limited
to: failure of the improvements to comply with the approved plans or City Specifications; failure
of the improvements in the Primary Project and the Secondary Project to properly connect to each
other; changes to the design or construction of the improvements in the Primary Proj ect that impact
the design and construction of the improvements in the Secondary Project; construction delays,
delay claims, or claims for liquidated damages; increased costs for the Developer or the developer
of the Primary Project; failure of the improvements to pass inspection or material testing; or
rejection by the City of some or all of the improvements and Developer or the developer of the
Primary Project having to remove and reconstruct the improvements at the expense of Developer,
developer of the Primary Project, or both. In addition, Developer understands and agrees that
disputes may arise between the contractors or subcontractors for the Primary Project and the
contractors or subcontractors for the Secondary Project relating to responsibility for the
Construction Problems. Developer shall be solely responsible for resolving disputes between
contractors, disputes between contractors and subcontractors and disputes between Developer and
the developer of the Primary Project.
Developer acknowledges and certifies that Developer has entered into a written agreement
with the developer of the Primary Project and said agreement: (1) provides Developer with any
access needed through property owned by the developer of the Primary Proj ect; (2) that Developer
and the developer of the Primary Project shall resolve all disputes regarding the design and
City of Fort Worth, Texas Page 19 of 21
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
construction of the Primary Project and the Secondary Project; and (3) the developer of the Primary
Project will notify Developer of any all changes to the design or construction of the improvements
in the Primary Project, including any field changes.
Developer further acknowledges and agrees that Developer has notified all of Developer's
contractors for the Project that Developer has elected to construct a Concurrent CFA, the
provisions of this Attachment, the risks associated with a Concurrent CFA, and that the City shall
not bear any responsibility for construction of the improvements or Developer's decision to
proceed with a Concurrent CFA.
Developer shall not make the final connection of the improvements in the Secondary
Project to the improvements in the Primary Project until the improvements in the Primary Project
have been constructed and accepted by the City and the City has consented to Developer making
the connection.
Developer agrees that if this Agreement is for improvements relating to the construction,
renovation or modification of one or more single family residential homes or structures, except for
Phase 1, the City will not record the plat related to the Project until the improvements are
constructed and accepted by the City. Developer agrees that if this Agreement is for improvements
relating to the construction, renovation or modification of one or more commercial buildings or
structures, the Developer shall not receive a Certificate of Occupancy from the City for the
building(s) related to the Project until the improvements in this Agreement are constructed and
accepted by the City. Developer further understands and agrees that completion of the
improvements under this Agreement does not entitle Developer to obtain a final plat of the property
until all other requirements of Federal law, State law, or the City Code relating to the filing and
recording of a final plat have been met by Developer.
BYCHOOSING TO CONSTRUCTA CONCURRENT CFA, DEVELOPERASSUMES
ALL RISKS AND DEVELOPER SHALL BE LIABLE AND RESPONSIBLE FOR ANYAND
ALL DAMAGES, INCL UDING B UT NOT LIMITED TO, ANY AND ALL ECONOMIC
DAMAGES, PROPERTY LOSS, PROPERTY DAMAGES AND PERSONAL INJURY
(INCL UDING DEATH), OF ANY KIND OR CHARACTER, WHETHER REAL OR
ASSERTED RELATED TO CONSTRUCTION OF THE IMPROVEMENTS. DEVELOPER
HEREBY EXPRESSLY RELEASES AND DISCHARGES CITY FROM ANY AND ALL
LIABILITY FOR DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL
ECONOMIC DAMAGES, PROPERTY LOSS, PROPERTY DAMAGE AND PERSONAL
INJURY (INCL UDING DEATH) ARISING OUT OF OR IN CONNECTION WITH,
DIRECTL Y OR INDIRECTL Y, THE CONSTR UCTION OF THE IMPROVEMENTS OR
DEVELOPER ' S DECISION TO CONSTRUCT A CONCURRENT CFA. DEVELOPER, AT
ITS SOLE COST AND EXPENSE, AGREES TO AND DOES HEREBY INDEMNIFY,
DEFEND, PROTECT, AND HOLD HARMLESS CITY, AND CITY' S OFFICERS,
City of Fort Worth, Texas Page 20 of 21
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
REPRESENTATIVES, AGENTS, EMPLOYEES, AND SERVANTS FOR, FROM AND
AGAINST ANYAND ALL CLAIMS (WHETHER AT LAW OR IN EQUITY), LIABILITIES,
DAMAGES (INCLUDING ANY AND ALL ECONOMIC DAMAGES, PROPERTY LOSS,
PROPERTY DAMAGES AND PERSONAL INJURIES INCLUDING DEATH ), LOSSES,
LIENS, CAUSES OFACTION, SUITS, JUDGMENTSAND EXPENSES (INCLUDING, BUT
NOT LIMITED TO, COURT COSTS, ATTORNEYS' FEES AND COSTS OF
INVESTIGATION), OFANYNATURE, KIND OR DESCRIPTIONARISING OR ALLEGED
TO ARISE BY OR IN ANY WAY RELEATED TO CONSTRUCTION OF THE
IMPROVEMENTS OR DEVELOPER ' S CHOICE TO CONSTRUCT A CONCURRENT
CFA, OR (2) BYREASON OFANY OTHER CLAIM WHATSOEVER OFANYPERSON OR
PARTY OCCASIONED OR ALLEGED TO BE OCCASIONED IN WHOLE OR IN PART BY
THE CONSTRUCTION OF THE IMPROVEMENTS OR DEVELOPER ' S CHOICE TO
CONSTR UCT A CONCDRRENT CFA.
By signing below, Developer certifies that all statements contained in this Attachment "3"
Concurrent CFA Provision are true and correct.
DEVELOPER
Ashton Dallas Residential L.L.C.,
a Texas limited liability company
Danlel atsky (Fe 17, 025 0820 CST)
Name: Daniel Satsky
Title: Vice President
Date: Feb 17, 2025
City of Fort Worth, Texas Page 21 of 21
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
Z
'� � ?�
�
w '"' a � � � � w
��ry wdW (� �
� ^ a � ~ �u Z � o w O � � � QC
J�vNi �pZF� Z���� �7 W� � � � O NnQ G
�M�� aOg2vMi ¢W C7W p I� w U� N�H
Z� W� O��Zri �C��wo � O 1 (n �00 }
�¢ wz"'¢� t=i� wF� C! � z � � Q�z
OWO� �l�F%m� Zlli ti W� U Z
F,�g Z Z wa° —
Z ��"'u�N ��C7�� � c�o a a � ¢Va z
U-� � Q J W Z Z � � � Q
>� ¢"'� �, w a � U
� J 0 O '
O LL � �O H ` \
� Ul ~ _ O � ai � /
- U �
J
\��d
d�j,
� O
�\ ��b�:Y
0
\ `y`��/�� /v�d
IO O�6 °�J
ti
�����
/ / ��
oy
—j / / � , \ �b��� yo
'� � / \ `
�b � / \ �� �y
� � � �- �\ �lSb ��
/ �P � � � } s
� � 3 \
�\� O'�� / N I U ii
� � O
/ / J�� � _
�
O �� � �
��� JP � �
����� � �% �
� ' � N ' ` �
� Z � �
WZZ"�
� � � � W
/ � �� ����� � �a
/ ` QU / �3
U � �
wo
/ � �- o '
�- � �
> � �
OY �
� � � —
Q �
�'�,� TTTI ITI ITI ITIT�T1� � ��--
� f (J.VM-� -1HJIb ,09)
1 �IHNl I IH�'d 3�111�
UQ �N i
�� � j z� W� I 3 I
�^, C � I=� Q�� I�I o I
� _
U � � I � I
� U � �
j � Z - I �
= m �
� 7%—� ���� 4J. - 7Ff�l?J A9)
�I�i 1 �i iv�d �me
(,�vm-�o_1H�ia ,oz�) Laz ss�NlsnB sn _ _ —_
-� — —
J~
J �
F N
_�,n
�� �
W M � X
zQW�
O w o �
��3
z Q
W o
0
0
v
w '"'
� N
� �
n
� W X p�
�oz��
aog=�
U M
O
w Z W ¢ �
0=> m .�i
Q a W N
>�
K
O LL
�
V
a �
w��
a �
Z � � � �
�W�W�
� � K � �
tn�jwFm
� Z Z i ti
Up(7��
¢W�
J 0 O
.W. �O
_ ~
�
Z
o C�
�'o� � z�
� � � � w �
Wz� W o� N N Q�
� � lwi O Y
W � N Z � O r� �
H � � W U � £�� �
xz� Q � �� �zo m w
� W � a � Z w U a ^ vJ
O�
� w� � � wa
- � � �
O
— U �
J
\ I
\ � ,
Z � Z i
1tib \ �M�aw i
.�b� � W ��OH
I H� Z� j O
��00. \ ��U�Z�m
� �'b
/ � \ ydd'O�
���� ��O
! y
S�
7� \
Q �b
� 1
� ���� �� � ��� �ti� �
^ �, '�`' � �S`���� \
rL� oF� 4J tt,F'� I� S'`�,(�
� sti� ,�4 � "�
� `C'�"�� 4 �� � � � � a
a
�' �.o �Q-�' � i
J� 5 �` o
� e�5' J`t � i
' ���P Q ��w�' �
� � � ���\7�LL ��� �
/ Y _
/ w o
�
/ F �
�
� � F W QZ � J�.
� � �W� N � �3
% `� �- � � o - �- �
� � w v' � � � � vi '.`
� w o
� i " VU '. �c=.�
j 'J SHH2I,LS SII� y �
/ � � ��
Q
d �
� p�ZF.ET K x 1.'�321.[S ].nd " .
N F�� S � � � �-
£ �St1Hd � � I
WQ Z� r 13axss �n3 ? � (tivM-� -1H�ia .os;
� ,, �. � �ival i ivad 3�1.
� � �
( (n � W ��U -
` p O z ' � ` >^
L� J I .13�21.LS.1f]d I�
i
� `� S�\� � �x
� U c � Z 3SVHd � i����s.cna I �"
z�� �I�l�3Stf �
� m ; _ � ���� � n
= Q � Q i�7TIyS F, (AVM-�0-1HJI21 ,09)
`= lIV2LL 31 IV�Jd 3Fl�&
�
, r —
� � ��
_ _ v ���ats �
_ � (�,vM-do-lH�ia ,oa�) L8Z SS3NISf18 Sfl _ �
-� — — - — w
� �
W
��
W> W
N�z J
�UJ
I
I
L1J
w Z
Z J
J �
� j
w �
W
w � }
� } �
Q
Q � �"\ 0
� Z � j
Z� Q'/� � Q
'^ v, T m
��� N � W
vJ � O �
X � op =
W L� .... �
1 �
M
I �
� O
I �
J
a
m
�
� �
�
M
O
LL
w � m
Z Z H
J � �
� � � a
W W � z o
W W a � �
c�
C� (� � Q �
w
�' �' � � z
� � m ~ � w
L.L H o
QZ Q � JUJ x
� � �
O� (V (n (�w a
a U �� a O o
�O � � �� �
d LL � � � � a
0
U
a� az a3
Unl'-fSIU Mt0{C�tiAI.
Pagc 10(1
SECTION 00 42 43
Developer Awarded Projects - PROPOSAL FORM
UNIT PRICE BID
Biddefs Appllcation
Bid
Total Construction 8id� ' �
� l, 6� S, 83 �-
This Bid is submittetl by the eMky named below:
BIDDER: ���� vN��2���/K(� BY: MIC,(�_ �P Gi�/K�J,3
�/
TITLE: ,p� r� ��,,�T
DATE: � ��G�''
8�/ %Z�i-
Controctor agrees to complete WORK far PINAL ACCEPTANCE wittYn �� working days after
CONTRACT commencea lo run aa providod in tho Gcncral Cv�dHlona.
END OF SECTION
CIIY UF It)RT WOIt I71
STANDARD CONSIRUCIION SPECIFlCA'iION D(%:UMF:N7R- UIiVlLOPER AWAINfU PROJECCS
Fo�m Venian May 22, 2UI V
CAT'f1.f.Ml��ISCR(i511hfihC)NC'F MAPILII�TSTATI(1N
Ciq' Pra�ja� Nn 10579]
IkwRcvicw�_RidPmrnsd WurkMokTnmplme.sk
City of Fort Worth,
Mayor and
Texas
Council Communication
DATE: 10/15/24 M&C FILE NUMBER: M&C 24-0861
LOG NAME: 60CATTLEMANS CROSSING LIFT STATION & FORCE MAIN
SUBJECT
(CD 10) Authorize Execution of a Community Facilities Agreement with Ashton Dallas Residential L.L.C., with City Participation in the Amount Not
to Exceed $744,779.71, for Oversizing the Expansion of the Hunter Crossroads Lift Station and Oversizing a 10-Inch Sewer Force Main Located
in North West Fort Worth, and Adopt Appropriation Ordinance to Effect a Portion of Water's Contribution to the Fiscal Years 2025-2029 Capital
Improvement Program
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of a Community Facilities Agreement with Ashton Dallas Residential L.L.C., with City participation in an amount not
to exceed $744,779.71, for oversizing the expansion of the Hunter Crossroads lift station and oversizing a 10-inch sewer force main located
in northwest Fort Worth; and
2. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Water & Sewer Revenue Bonds Series
2023 Fund by increasing estimated receipts and appropriations in the Community Facilities Agreement Bucket programmable project (City
Project No.P00001) in the amount of $878,713.00 and decreasing estimated receipts and appropriations in the Commercial Paper project
(City Project No. UCMLPR ) by the same amount for the purpose of funding the Community Facilities Agreement CFA-Cattleman's Crossing
LS&FM project (City Project No.105377) and to effect a portion of Water's contribution to the Fiscal Years 2025-2029 Capital
Improvement Program.
DISCUSSION:
Ashton Dallas Residential L.L.C. (Developer) is constructing the Cattleman's Crossing development project located east of Highway 287 and
north of West Blue Mound Road. The City is participating in the public sewer improvements to oversize the expansion of Hunter Crossroads lift
station and oversize the 10-inch sewer force main (3,400 linear feet) to create additional capacity for future growth in the vicinity. The cost
allocation is estimated to be at 59.8% for the Developer and 40.2% for the City.
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 lift station and force main project is assigned City Project No. 105377 and Accela System Record
Infrastructure Plan Review Center (IPRC) 24-0005.
This project has been publicly bid. The City's cost participation in oversizing the expansion of Hunter Crossroad lift station and oversizing a 10-inch
sewer force main is estimated to be in an amount not to exceed $744,779.71 as shown in the table below. Payments to the Developer are
estimated to be $669,664.06 for construction costs, $1,400.17 for IPRC plan review fees, $3,355.99 for public bid advertisement costs, $830.93
for a railroad permit, and $13,393.28 for material testing. The City's cost participation also includes $56,135.28 to cover the City's portion of
construction inspection service fees and administrative material testing fees. An additional $133,932.81 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. Construction Developer City Cost Total Cost
Cost (59.8%) (40.2%)
Unit 1A Sewer-Force Main $459,162.94 $308,668.06 $767,831.00
Unit 1 B Sewer - Lift Station $537,004.00 $360,996.00 $898,000.00
Total $996,166.94 $669,664.06 $1,665,831.00
Contingency $0.00 $133,932.81 $133,932.81
Construction Fees
Construction Inspection Fee $81,985.80 $55,114.20 $137,100.
Admin Material Testing Fee $1,518.92 $1,021.08 $2,540.
C. Water Testing Lab Fee $0.00 $0.00 $0.00
D. Material Testing Cost $0.00 $13,393.28 $13,393.28
E.IPRCfees $2,082.83 $1,400.17 $3,483.00
F. Bid Advertisement $4,992.24 $3,355.99 $8,348.23
G. Railroad Permit $1,236.07 $830.93 $2,067.00
Total Project Cost $1,087,982.80 $878,712.52 $1,966,695.32
*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 DepartmenYs portion of the City of Fort Worth's Fiscal Years 2025-2029
Capital Improvement Program, as follows:
60CATTLEMANS CROSSING LIFT STATION/FORCE MAIN
"�r'��' Project FY2025 CIP
Fund Name Appropriatior
Name
6021
W&S 105377 -
ev CFA
onds Cattleman's
eries Crossing
023 LS&FM
Budget
Revised
Change
ority FY2025
(Increase /
Budget
Decrease)
$O.00��This M&C��$878,713.00I�$878,713.00
Funding is available in the Commercial Paper project within the Water & Sewer Rev Bonds Series 2023 Fund for the purpose of funding the CFA
Cattleman's Crossing LS&FM project.
Funding for the Community Facilities Agreement (CFA) — Cattleman's Crossing LS&FM project as depicted in the table below:
Existing Additional project
Fund Total
Appropriations Appropriations
56014 - W&S Capital ��g 769.00 $0.00 $78,769.00
Proj 2018
56021 - W&S Rev $0.00 $878,713.00 $878,713.00
Bonds Series 2023
Project Total $78,769.00 $878,713.00 $957,482.00
*Numbers rounded for presentation purposes.
BUSINESS EQUITY- A goal is not required under Business Equity Ordinance 25165-102021 when City spending participation on Community
Facilities Agreements are less than $1,000,000.00 dollars.
This project is located in COUNCIL DISTRICT 10.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that funds are currently available in the Commercial Paper project within the W&S Rev Bonds Series 2023 Fund
and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in W&S Rev
Bonds Series 2023 Fund for the CFA-Cattleman's Crossing LS&FM 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 City Manager's Office bk Fernando Costa 6122
Originating Business Unit Head: Chris Harder 5020
Additional Information Contact: Suby Varughese 8009
Melissa Harris 8428