HomeMy WebLinkAboutContract 48796-A2 09/15/2020
12:00 PM
Developer and Project Information Cover Sheet:
Developer Company Name: Mansions Apartment Homes at Marine Creek LLC
Address, State,Zip Code: Midway Road-suite 102 Dallas,TX 75244
Phone&Email: tbarton@jmjdevelopment.com
Authorized Signatory,Title: Tim Barton,President
Project Name and Brief Shadydell Dr. &Shadydell Cir to serve Mansions at Marine Creek
Description:
Project Location: Shadydell Drive extension on the east side of Huffines Blvd.
Plat Case Number: Not Required Plat Name: Not Required
Mapsco: Council District: 2 City Project Number: 100178
CFA Number: CFA16-0079 DOE Number: Not Required
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
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SECOND AMENDMENT AND RESTATEMENT OF
CITY SECRETARY CONTRACT NUMBER 48796 CSC No.48796-A2
A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT
WORTH AND MANSIONS APARTMENT HOMES AT MARINE CREEK,LLC
This SECOND AMENDMENT AND RESTATEMENT OF CITY SECRETARY
CONTRACT NUMBER 48796("Second Amendment and Restatement") is entered into by and
between the City of Fort Worth, a home-rule municipal corporation of the State of Texas
("City"), and Mansions Apartment Homes at Marine Creek, LLC ("Developer"), each
referred to herein individually as a"party"and collectively as the "parties."
WHEREAS, the City and Mansions at Marine Creek, L.P. entered into a Community
Facilities Agreement, City Secretary Contract No. 48796 ("CFA"), wherein Mansions at Marine
Creek,L.P.was required to construct certain public infrastructure("Improvements")in connection
with the development of Lot 1,Block 1; Lot 1,Block 2; Lot 2,Block 3, and Lot 3,Block 3,Marine
Creek Apartments Addition of the City of Fort Worth ("Property"); and
WHEREAS, the CFA was assigned by Mansions at Marine Creek, L.P. to Developer
pursuant to a Consent to Assignment of Community Facilities Agreement(City Secretary Contract
Number 48796-CAI) and the CFA was amended to allow Developer to submit new construction
plans to the City for approval (City Secretary Contact Number 48796-A1); and
WHEREAS, City and Developer desire to amend and restate the CFA to allow Developer
to complete construction of the Project;
NOW THEREFORE, City and Developer enter into the following agreement, which
amends and restates City Secretary Contract No. 48796 in its entirety as follows:
STANDARD COMMUNITY FACILITIES AGREEMENT
WHEREAS, Mansions Apartment Homes at Marine Creek, LLC ("Developer"), desires
to make certain specific improvements as described below and on the exhibits attached hereto
("Improvements")related to a project generally described as Shadydell Drive and Shadydell Circle
to Serve Mansions at Marine Creek ("Project") within the City or the extraterritorial jurisdiction
of Fort Worth, Texas ("City"); and
WHEREAS, the City has no obligation to participate in the cost of the Improvements or
Project; and OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
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WHEREAS,any future City participation in this CFA is subject to the availability of City
funds and approval by the Fort Worth City Council and shall be memorialized as an amendment
to this Agreement; and
WHEREAS, the Developer and the City desire to enter into this Community Facilities
Agreement ("CFA" or "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 as follows:
General Requirements
A. The Policy for the Installation of Community Facilities ("Policy") dated March 2001,
approved by the City Council of the City of Fort Worth, as amended, is hereby incorporated
into this Agreement as if copied herein verbatim. Developer agrees to comply with all
provisions of said Policy in the performance of its duties and obligations hereunder and to
cause all contractors hired by Developer to comply with the Policy in connection with the
work performed by said contractors.
B. Developer shall provide financial security in conformance with paragraph 6, Section II, of
the Policy and recognizes that there shall be no reduction in the collateral until the Project
has been completed and the City has officially accepted the Improvements. Developer
further acknowledges that said acceptance process requires the Developer's contractor(s)
to submit a signed affidavit of bills paid and consent of Surety signed by its surety to
ensure the contractor has paid any sub-contractor(s) and suppliers in full. Additionally,
the contractor will provide in writing that the contractor has been paid in full by Developer
for all the services provided under this contract.
C. 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 the City-approved construction plans,
specifications and cost estimates provided for the Project and the exhibits attached hereto.
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D. The following checked exhibits describe the Improvements and are incorporated herein:
Water (A) ®, Sewer(A-1) ®, Paving (B) ®, Storm Drain(B-1) ®, Street Lights & Signs
(C) ®.
E. Developer acknowledges and understands that the storm drain Improvements attached
hereto as Exhibit B-I are being constructed within a portion of City-owned property
known as Marine Creek Lake Park, which is located at 4700 Huffines Boulevard, Fort
Worth, Texas 76135. As such, in constructing the storm drain Improvements, Developer
shall abide by the terms and conditions of the Temporary Access Permit and Workspace
Agreement attached hereto as Exhibit D, which is incorporated herein by reference
("Permit"). The terms and conditions of the Permit shall be in additional to those set forth
in the remainder of this Agreement. To the extent that there is a conflict between the
Permit and any other terms of this Agreement, then the Permit shall control.
F. The Developer shall award all contracts for the construction of the Improvements in
accordance with Section II,paragraph 7 of the Policy and the contracts shall be administered
in conformance with paragraph 8, Section II, of the Policy. Developer shall ensure its
contractor(s)pays the then-current City-established wage rates.
G. For all Improvements included in this Agreement for which the Developer awards
construction contract(s), Developer agrees to the following:
i. To employ a construction contractor who is approved by the director of the
department having jurisdiction over the infrastructure to be constructed, said
contractor to meet City's requirements for being prequalified, insured, licensed and
bonded to do work in public ways and/or prequalified to perform water/wastewater
construction as the case may be.
ii. To require its contractor to furnish to the City a payment and performance bond in
the names of the City and the Developer for one hundred percent (100%) of the
contract price of the infrastructure, and a maintenance bond in the name of the City
for one hundred percent (100%) of the contract price of the infrastructure for a
period of two (2) years from the date of final acceptance insuring the maintenance
and repair of the constructed infrastructure during the term of the maintenance
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bond. All bonds to be furnished before work is commenced and to meet the
requirements of Chapter 2253, Texas Government Code.
iii. To require the contractor(s) it hires to perform the construction work contemplated
herein to provide 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 shall be named as additional insured
on all insurance required by said documents and same will be evidenced on the
Certificate of Insurance (ACORD or other state-approved form) supplied by the
contractor's insurance provider and bound in the construction contract book.
iv. To require its contractor to give 48 hours advance notice of intent to commence
construction to the City's Construction Services Division so that City inspection
personnel will be available;to require the contractor to allow the construction to be
subject to inspection at any and all times by City inspection forces,to not install or
relocate any sanitary sewer, storm drain, or water pipe unless a responsible City
inspector is present and gives his consent to proceed, and to make such laboratory
tests of materials being used as may be required by the City.
V. To require its contractor to have fully executed contract documents submitted to
the City in order to schedule a Pre-Construction Meeting. The submittal should
occur no less than 10 working days prior to the desired date of the meeting. No
construction will commence without a City-issued Notice to Proceed to the
Developer's contractor.
vi. To delay connections of buildings to service lines of sewer and water mains
constructed under this Agreement, if any, until said sewer and water mains and
service lines have been completed to the satisfaction of the Water Department.
H. Developer shall provide at its expense, unless otherwise agreed to by City, all engineering
drawings and documents necessary to construct the improvements under this Agreement.
I. Developer shall cause the installation or adjustment of the required utilities to serve the
development or to construct the Improvements required herein.
J. 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 community facilities
to be installed hereunder.
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K. Developer hereby releases and agrees to indemnify, defend and hold the City harmless
for any inadequacies in the preliminary plans,specifications and cost estimates supplied
by the Developer for this Agreement.
L. Developer agrees to provide, at its expense, all necessary rights of way and easements across
property owned by Developer and required for the construction of the current and future
improvements provided for by this Agreement.
M. The Developer further covenants and agrees to, and by these presents does hereby,
fully indemnify,hold harmless and defend the City, its officers, agents,representatives
and employees from and against all suits, causes of action or claims of any nature or
character whatsoever, whether real or asserted, brought for or on account of any
injuries or damages sustained by any persons (including, but not limited to, death) or
to any property, resulting from or in any way connected with the performance or
nonperformance of this Agreement, the construction, design, performance or
completion of any work to be performed by said Developer, its contractors,
subcontractors,officers,agents,representatives or employees,or in consequence of any
failure to properly safeguard the work, or on account of any act, intentional or
otherwise, neglect or misconduct of said Developer, its contractors, sub-contractors,
officers, agents, representatives or employees, whether or not such injuries, death or
damages are caused, in whole or in part, by the alleged negligence of the City of
Fort Worth, its officers, servants, or employees.
N. Developer will further 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 or character whatsoever,whether real or asserted,brought
for or on account of any injuries or damages sustained by any persons (including, but
not limited to, death) or to any property, resulting from, or in any way connected with,
the performance or completion of any work to be performed herein,whether or not such
injuries, death or damages are caused, in whole or in part, by the alleged negligence
of the City of Fort Worth, its officers, representatives, servants, or employees. Further,
Developer will require its contractors to indemnify, and hold harmless the City for any
losses, damages, costs or expenses suffered by the City or caused as a result of said
contractor's failure to complete the work and construct the Improvements in a good and
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workmanlike manner, free from defects, in conformance with the Policy, and in
accordance with all plans and specifications.
O. 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 the Developer with its contractor along with an assignment of all warranties given by the
contractor, 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.
P. Inspection and material testing fees are required as follows:
i. Developer shall pay in cash water and wastewater inspection fees and material
testing fees equal to two percent (2%) for a total of 4% of the developer's share of
the total construction cost as stated in the construction contract.
ii. Developer shall pay in cash paving and storm drain inspection fees equal to four
percent (4%) and material testing fees equal to two percent (2%) for a total of 6%
of the developer's share of the total construction cost as stated in the construction
contract.
iii. Developer shall pay in cash the total cost of streetlights or if the city is not installing
the streetlights, inspection fees equal to four percent (4%) of the developer's share
of the streetlight construction cost as stated in the construction contract.
iv. Developer shall pay in cash the total cost of street signs.
V. Pursuant to the Consent to Assignment of the Community Facilities Agreement,
City Secretary Contract Number 48796-CAI, Developer has estimated material
testing and inspection fees in the amount of$116,117.19 deposited with the City.
Prior to execution of this Second Amendment and Restatement,Developer has paid
$18,966.56 in additional estimated material testing and inspection fees to the City,
for a total of$135,083.75.
Q. COMPLETION WITHIN 2 YEARS
i. Except as set forth in the Permit, Developer shall complete the Improvements
within two (2) years of execution of this Second Amendment and Restatement,
provided, however, if construction of the Improvements has started within the two
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year period,the Developer may request that the CFA be extended for one additional
year.
ii. Nothing contained herein is intended to limit the Developer's obligations
under the Policy, this Agreement, its financial guarantee, its agreement with
its contractor or other related agreements.
iii. The City may utilize the Developer's financial guarantee submitted for this
Agreement to cause the completion of the construction of the Improvements if at
the end of two (2)years from the date of this Agreement(and any extension period)
the Improvements have not been completed and accepted.
iv. 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 same before the expiration of two (2) years if the Developer
breaches this Agreement, becomes insolvent or fails to pay costs of construction
and the financial guarantee is not a Completion Agreement.
V. Developer understands and agrees that Mansions at Marine Creek, L.P. previously
graded the property for the Project pursuant to a Grading Permit or Early Grading
Permit issued by the City, and that such grading may have resulted in the removal
of trees from the property. Developer agrees that the Urban Forestry Permit issued
to Mansions at Marine Creek, L.P. runs with the land and that Developer shall
comply with the requirements of Mansions at Marine Creek, L.P.'s Urban Forestry
Permit and Mansions at Marine Creek, L.P.'s plans that were approved by the City,
including canopy coverage of seventy percent (70%) of required open space.
R. All terms and conditions of the Consent to Assignment of the Community Facilities
Agreement,City Secretary Contract Number 48796-CAI, shall remain in full force and effect.
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Cost Summary Sheet
Project Name: Shadydell Drive and Shadydell Circle to Serve Mansions at Marine Creek
CFA No.: CFA16-0079 City Project No.: 100178
An Engineer's Estimate of Probable Cost is acceptable. However, the construction contract price
will ultimately determine the amount of CFA fees and financial guarantee. The bid price and
any additional CFA payments will be required prior to scheduling a pre-construction meeting.
An itemized estimate corresponding to each project-specific exhibit is required to support the
following information.
Items Developer's Cost
A. Water and Sewer Construction
1. Water Construction $ 134,803.00
2.Sewer Construction $ 22,047.00
Water and Seiner Construction Total $ 156,850.00
B. TPW Construction
1.Street $ 855,785.80
2.Storm Drain $ 1,223,742.00
3.Street Lights Installed by Developer $ 100,952.00
4. Signals $ -
TPW Construction Cost Total $ 2,180,479.80
Total Construction Cost(excluding the fees): $ 2,337,329.80
Construction Fees:
C. Water/Sewer Inspection Fee(2%) $ 3,137.00
D. Water/Sewer Material Testing Fee(2%) $ 3,137.00
Sub-Total for Water Construction Fees $ 6,274.00
E. TPW Inspection Fee(4%) $ 83,181.11
F. TPW Material Testing(2%) $ 41,590.56
G. Street Light Inspsection Cost $ 4,038.08
H. Signals Inspection Cost $ -
H. Street Signs Installation Cost $ -
Sub-Total for TPW Construction Fees $ 128,809.75
Total Construction Fees: $ 135,083.75
Choice
Financial Guarantee Options,choose one Amount ark one
Bond= 100% $ 2,337,329.80 x
Completion Agreement= 100%/Holds Plat $ 2,337,329.80
Cash Escrow Water/Sanitary Sewer- 125% $ 196,062.50
Cash Escrow PwAn /Storm Drain= 125% $ 2,725,599.75
Letter of Credit= 125%w/2yr expiration period $ 2,921,662.25
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ACCORDINGLY, the City and Developer have each caused this instrument to be executed in
each entity's respective name by its duly authorized signatories effective as of the date executed by the
City's City Manager or his/her designee.
CITY OF FORT WORTH DEVELOPER
Mansions Apartment Homes at Marine
Creek, LLC
'Inwq�Gt�ALl�OF
Dana Burghdoff(S4r14,202dA43 CDT)
Dana Burghdoff x-�*v 84nitv�
Assistant City Manager Tim Barton(Sep 14,202012:21 CDT)
Name: Tim Barton
Date: Sep 14,2020 Title: President
Recommended by: Date: Sep 14,2020
Evelyn Roberfs
Evelyn Roberts(Sep 14,202012:22 CDT)
Evelyn Roberts/Jennifer Ezernack
Project Assistant
Development Services Department
Approved as to Form &Legality:
9�
Richa .McCracken(Sep 14,202012:26 CDT)
Richard A. McCracken
Sr. Assistant City Attorney
M&C No. N/A
Contract Compliance Manager:
Date: By signing, I acknowledge that I am the
person responsible for the monitoring and
Form 1295: N/A administration of this contract, including
444voan�� ensuring all performance and reporting
of F°R °To requirements.
ATTEST: Fj�o° °o�'.�
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Mary J. Kayser/Ronald Gonzales Name: Laurie Lewis
City Secretary/Assistant City Secretary Title: Interim Development Manager
SECOND AMENDED AND RESTATED COMMUNITY FACILITIES AGREEMENT OFFICIAL RECORD
BETWEEN THE CITY OF FORT WORTH AND CITY SECRETARY
MANSIONS APARTMENT HOMES AT MARINE CREEK,LLC FT.WORTH, TX
Check items associated with the project being undertaken; checked items must be
included as Attachments to this Agreement
Included Attachment
® Attachment 1 - Changes to Standard Community Facilities Agreement
® Location Map
® Exhibit A: Water Improvments
® Exhibit A-1: Sewer Improvements
® Exhibit B: Paving Improvements
® Exhibit B-1: Storm Drain Improvements
® Exhibit C: Street Lights and Signs Improvements
® Unit Price Bid/Cost Estimate
® Exhibit D: Temporary Workspace Permit and Workspace Agreement
(Remainder of Page Intentionally Left Blank)
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ATTACIEMENT"I"
Changes to Standard Agreement
Community Facilities Agreement
City Project No. 100178
All revisions are contained within the body of the Agreement.
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EXHIBIT D
TEMPORARY ACCESS PERMIT AND WORKSPACE AGREEMENT
FOR MARINE CREEK LAKE PARK("PERMIT")
RECITALS
WHEREAS, City owns a certain piece of property known as Marine Creek Lake Park("Park"),
4700 Huffines Boulevard,Fort Worth,Texas 76135. The location and boundaries of the Park are depicted
in Exhibit 1,which is attached hereto and incorporated herein for all purposes as though it were set forth at
length.
WHEREAS, as part of the Project, Developer requested to install the public storm drain
Improvements that are attached to the CFA as Exhibit B-1 ("Storm Drain Improvements") within certain
designated portions of the Park.
WHEREAS,on June 28,2016,the Fort Worth City Council approved M&C L-15932,authorizing
the requested use of the Park in accordance with the terms and conditions of this Permit.
AGREEMENT
I.
Term
a. License Period. The term of this Permit shall be for 180 consecutive days("License Period"). The
License Period shall commence on the fifth business day following the date on which Second Amendment
and Restatement of the CFA is executed by the City("Commencement Date") and shall end at 11:59 P.M.
on the 180th day following the Commencement Date("Expiration Date").
b. Extension of License Period. If Developer fails to complete all obligations hereunder in accordance
with this Permit on or before the expiration of the License Period, including, but not limited to, storm
drainage infrastructure, Park Trails, Park Improvements, and Park restoration, then Developer agrees to
extend the License Period on a month-to-month basis until Developer has completed all obligations
pursuant to this Permit. If an extension occurs,then Developer shall pay or cause the City to be paid rent
in the amount of$39,409.00 per month, which will be due and payable on or before the first (1") day of
each extended License Period. Such rent shall be paid to the City without demand and without offset.
1. The extension of the License Period shall occur and renew automatically each month until
Developer receives notice from the City that all of its obligations under the Permit have been
completed, which notice the City shall not unreasonably withhold. Notwithstanding anything to
the contrary,the City may terminate the extended License Period at any time and for any reason.
C. Access. No use of or access to the Park or the Licensed Premises shall be allowed outside of the
designated License Period or applicable extension period. Developer's rights in and to the Licensed
Premises hereunder shall be strictly limited and shall fully and absolutely terminate and be of no further
force and effect at the conclusion of the License Period or applicable extension period. After the License
Period or applicable extension period ends, all rights of Developer in and to the Licensed Premises shall,
automatically and without the need for any further documentation, fully and unconditionally terminate,
whereupon Developer shall have no right of entry or use of the Licensed Premises whatsoever.
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II.
Consideration
a. As consideration for the rights and privileges granted herein, Developer agrees to construct the
following in accordance with the terms and conditions of this Permit: (1) at least $12,300.00 of mutually
agreed upon park improvements within the Park ("Park Improvements") and (2) two public trails
connecting the Developer's adjacent development to the Park's trail system("Park Trails"). The southern
park trail is included in construction plans approved by the Park and Recreation Department. Developer
shall submit construction plans for the northern park trail to the Park and Recreation Department by
November 1,2020.
b. Consideration for any additional use of the Licensed Premises, as hereinafter defined,beyond the
initial 180-day License Period will be in accordance with Section I.
III.
Licensed Premises
a. Subject to the terms and conditions set forth in this Agreement and the City Charter and ordinances,
for and in consideration of the monetary payments to be made hereunder and the other covenants and
promises expressed herein, the City does hereby agree to license to Developer during the License Period
the use of the following portions of the Park for the purposes stated herein:
1. A portion of the Park, the description, location, and boundaries of which are depicted in
Exhibit 2,which is attached hereto and incorporated herein for all purposes("Storm Drain Area"),
for purposes of constructing and installing the Storm Drain Improvements within the Park and for
no other purpose.
2. Portions of the Park, the descriptions, locations, and boundaries of which are depicted in
Exhibit 3, which is attached hereto and incorporated herein for all purposes ("Park Trails Area"),
for the purpose of constructing a two public trails (North Trail and South Trail) on the Park
connecting the Developer adjacent development to the Park's trail system and for no other purpose.
3. A portion of the Park, the description, location, and boundaries of which are depicted in
Exhibit 4,which is attached hereto and incorporated herein for all purposes ("Park Improvements
Area"),for the purpose of constructing and installing mutually agreed upon Park Improvements.
4. The Storm Drain Area, Park Trails Area, and Park Improvements Area are collectively
referred to herein as the"Licensed Premises."
5. Developer's use of the Licensed Premises hereunder shall be solely restricted to
Developer's activities on the Licensed Premises and shall not include the use of the Park or the
Licensed Premises to serve any activities, including, but not limited to, construction activities,
occurring outside of the Licensed Premises. In the event any portion of the Park is occupied or
used, either actively or passively, outside of the Licensed Premises, Developer shall be subject to
a daily fee of one dollar per square foot for any such area used or occupied. Upon notification by
the City, Developer shall immediately cease such use or occupancy and immediately restore any
such Park property in accordance with the applicable provisions set forth in this Agreement.
6. In accessing and using the Licensed Premises, Developer shall comply with all of its
obligations and responsibilities under this Agreement and under any and all applicable, federal,
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state, or local law,rule,or ordinance.
IV.
Construction of the Storm Drain Improvements,
Park Trails, and Park Improvements
a. Storm Drain Improvements. Developer shall construct the Storm Drain Improvements in
accordance with the requirements set forth in this Permit and the CFA, including,but not limited to,those
set forth in Exhibit B-1 of the CFA and those provision in the CFA relating to financial security and payment
and performance bonds.
1. Developer shall conduct a pre-construction meeting with the Director at least three (3)
business days prior to initiating any construction or activity for the Storm Drain Improvements
(including, but not limited to, any excavation work). The pre-construction meeting shall be for
purposes of outlining Developer's plans and schedules regarding: (i)construction of the new Storm
Drain Improvements, (ii) minimizing construction impact on vegetation and the Park, in general,
and(iii)restoration of all affected parkland and amenities.
b. Park Improvements and Park Trails. In addition to any other requirements set forth in this
Agreement, any work performed or contract awarded by Developer or its contractors or subcontractors for
construction and installation of the Park Trails and Park Improvements shall be subject to the following:
1. Developer will perform all construction in accordance: (i) with a set of plans and
specifications pre-approved by City and Developer prior to beginning any construction; (ii) with
all applicable laws, ordinances, rules, regulations, and specifications of all federal, state, county,
city, and other governmental agencies applicable to the Licensed Premises now or hereafter in
effect; (iii) in a good and workman like manner; and(iv)in accordance with industry standards of
care, skill, and diligence.
2. Developer shall submit or cause its contractors to submit all required City permit
applications to the Director of the Park and Recreation Department or that person's authorized
designee("Director")no more than thirty(30)calendar days prior to commencing work on the Park
Trails and Park Improvements. Once approved by that Director, Developer shall submit those
permit applications to the City's Planning and Development Department.
3. Developer shall conduct a pre-construction meeting with the Director at least three (3)
business days prior to initiating any construction or activity for the Park Trails or Park
Improvements(including,but not limited to,any excavation work). The pre-construction meeting
shall be for purposes of outlining Developer's plans and schedules regarding: (i) construction of
the new Park Trails and Park Improvements,(ii)minimizing construction impact on vegetation and
the Park,in general,and(iii)restoration of all affected parkland and amenities.
4. Developer shall do all work and furnish all labor, equipment, and materials necessary to
fully complete all the work as provided for in this Permit.City shall not be responsible for any costs
associated with this Permit, including, but not limited to, any costs for construction, labor,
equipment,or materials.
5. Shall require its contractor to furnish to the City a payment and performance bond in the
names of the City and the Developer for one hundred percent (100%) of the contract price of the
Park Improvements and Park Trails, and a maintenance bond in the name of the City for one
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hundred percent (100%) of the contract price of the same for a period of two (2) years from the
date of final acceptance by the City insuring the maintenance and repair of the constructed
infrastructure during the term of the maintenance bond. This shall survive the expiration or early
termination of this Permit and CFA. All bonds must be furnished before work is commenced and
meet the requirements of Chapter 2253,Texas Government Code.
6. Developer shall notify City at least three(3)days prior to beginning any construction unless
otherwise approved in writing between the parties.
7. City shall have the exclusive right, title, and interest in all permanent improvements
constructed by Developer related to the Park Trails and Park Improvements upon written
acceptance of such by the Director. In the event that any Park Improvements are purchased by the
Developer but not constructed or installed before the expiration or termination of this Permit,then
all such right,title, and interest in such Park Improvements shall vest to City upon the expiration
or termination of this Permit.
8. All work to be completed under this Agreement for the Park Trails and Park Improvements
shall be subject to inspection and approval by the City,which shall not be unreasonably withheld.
9. Approval by City of any plans or designs shall not constitute or be deemed a release of the
responsibility and liability of Developer, its agents, servants, employees, contractors, and
subcontractors for the accuracy and competency of its designs, working drawings, and
specifications or other engineering documents. City, by approving the plans and specifications,
assumes no liability or responsibility for the architectural or engineering design or for any defect
in any the designs,working drawings,and specifications or other engineering documents,building
or improvement constructed from the plans or specifications prepared by Developer, its agents,
servants,employees,contractors and subcontractors(it being the intent of the parties that approval
by City constitutes approval of only the general design concept of the improvements to
be constructed).
10. Developer shall require its design professional to prepare as built drawings based upon
final construction and shall submit two copies of these drawings to City, which shall become
property of City on the date of submission.
11. With regard to the Park Improvements,Developer shall expend or cause to be expended at
least $12,300.00 on mutually agreed upon Park Improvements for the Park. To prove the
expenditures required herein, Developer shall submit to the City a final construction spending
report along with receipts documenting such expenditures on or before the Expiration Date of this
Permit. If Developer fails to expend the full $12,300.00 on the Park Improvements before the
Expiration Date,then Developer shall pay to the City the balance within thirty(30) calendar days
after the City send written notice to Developer. Expenditures by the Developer on the approved
Park Improvements will be applied to offset the required $12,300.00 expenditure on a dollar-per-
dollar basis.
V.
Acceptance of Licensed Premises
a. Developer takes all portions of the Licensed Premises and all appurtenances in"'AS IS" condition
without any express or implied warranty on the part of the City. Developer accepts the Licensed Premises
in their present condition, finds them suitable for the purposes intended, and further acknowledges that
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Developer is thoroughly familiar with such condition by reason of personal inspection and does not rely on
any representations by the City as to the condition of the Licensed Premises or their suitability for the
purposes intended. Developer accepts the Licensed Premises subject to any and all previously recorded
easements that may have been granted on,along,over,under,or across said property,and releases the City
from any and all damages,claims for damages, loss,or liabilities that may be caused to invitees,licensees,
contractors, or trespassers by reason of the exercise of such rights or privileges granted in said easements.
Developer's taking possession of the Licensed Premises shall be conclusive evidence that: (a)the Licensed
Premises are suitable for the purposes and uses for which same are licensed; and(b)the Developer waives
any and all defects in and to the Licensed Premises and all the appurtenances thereto. The City shall not
be liable to Developer,its agents,employees,contractors,subcontractors,invitees,licensees,or guests
for any damage to any person or property due to the acts or omissions of Developer, its agents,
employees, contractors, or subcontractors, unless, and to the extent, such damage is caused by the
gross negligence or willful misconduct of City or its agents, employees, separate contractors, or
subcontractors.
VI.
Use Not Exclusive
a. This Permit and all rights granted to Developer herein are strictly non-exclusive. The City reserves
the right to enter into and grant other and future licenses,leases,and other authorizations for use of the Park
and the Licensed Premises to other persons and entities as the City deems appropriate in accordance with
applicable law;provided,however,that in granting subsequent authorization for use,the City will not allow
a use that will unreasonably interfere with the Developer's use of the Licensed Premises as provided herein.
This Permit does not establish any priority for the use of the Park or the Licensed Premises by the Developer
or by any present or future licensees or other permit holders. In the event of any dispute as to the priority
of use of the Park or the Licensed Premises, the first priority shall be to the public generally, the second
priority to the City in the performance of its various functions, and thereafter, as between licensees and
other permit holders, as determined by the City in the exercise of its powers, including the police power
and other powers reserved to and conferred on it by the State of Texas.
VII.
Limitations on Use
a. Construction on the Licensed Premises is allowed only between 7:00 A.M. and 6:00 P.M. Monday
through Friday. For purposes of this provision, the term "construction," shall include (i)clearing,
excavating,compacting,or grading of land;(ii)delivery of any storm drainage infrastructure and any items
or materials associated with the Park Trails and Park Improvements;and(iii)operation of heavy equipment,
including, but not limited to, a backhoe, backhoe loader, boom truck, bulldozer, compactor, crane, dump
truck, excavator, grader, grapple truck, loader,pile driver, power shovel, roller, scraper, tractor, trencher,
and tunnel boring machine.
b. All Developer equipment and materials shall be placed and maintained solely within the confines
of each respective Licensed Premises for which work is being performed. Developer understands and
acknowledges that access to the Licensed Premises shall be accomplished through Developer's adjacent
property.
VIII.
Public Safety
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a. Developer shall be solely responsible for initiating, maintaining, and supervising all safety
precautions and programs in connection with Developer's use of the Licensed Premises and the Park.
b. At a minimum,Developer shall: (i)install and maintain construction orange mesh fencing and(ii)
erect a controlled-access entry in the perimeter construction fencing in the form of chain-link fencing to
ensure that unauthorized personnel cannot enter the Licensed Premises. The location of the orange mesh
fencing and controlled-access entry within the Licensed Premises shall be determined by the Director.
Following installation of the fencing and controlled-access entrance, Developer shall contact the Director
to inspect for proper installation. The controlled-access entry fencing shall be kept secure when not in use.
At no time shall any fenced area be left open unless staffed by security personnel.
C. In addition,Developer shall provide construction and maintenance signs and sufficient barricades
at work sites to protect the public. The use of traffic control devices shall be consistent with the standards
and provisions of Part VI of the Texas Manual on Uniform Traffic Control Devices.Developer shall utilize
appropriate warning lights at all construction and maintenance sites where one or more traffic lanes are
closed or obstructed during nighttime conditions. Developer shall also take all necessary precautions and
shall provide all necessary protection to prevent damage,injury,or loss to(a)all persons accessing portions
of the Licensed Premises on which any construction is being performed by or on behalf of the Developer;
(b)all work performed on or from the Licensed Premises and all materials and equipment to be incorporated
therein that are under the care, custody,or control of the Developer,or the Developer's employees, agents,
contractors, or subcontractors, regardless of whether such material and equipment is stored on or off the
Licensed Premises; and(c)other property on or adjacent to the Licensed Premises.
IX.
Protection of the Environment
a. Developer hereby represents and warrants that it shall not knowingly,nor permit any third party to,
use, handle, or store any Hazardous Materials on, under, over, or about Park or the Licensed Premises in
violation of any applicable laws. Developer shall not handle or store any Hazardous Materials on the
Licensed Premises or the Park,except that the Developer may,in compliance with applicable environmental
laws and the terms of this paragraph,use and store Hazardous Materials in such amounts and types that are
commonly used in connection with the uses permitted herein, provided, however, that Developer
specifically agrees to remove any and all such Hazardous Materials on or before the final day of the License
Period. Developer shall not introduce, use, generate, store, accept, or dispose of on, under, or about,
transport across,or permit to exist on the Licensed Premises or the Park any"treatment, storage or disposal
facility" or"underground storage tank," as those terms are defined under applicable environmental laws.
For purposes of this Permit, "Hazardous Materials" shall mean potentially dangerous hazardous wastes,
toxic substances, or related materials, including, but not limited to, pollutants; asbestos; polychlorinated
biphenyl (PCB); petroleum or other fuels (including crude oil or any fraction or derivative thereof);
underground storage tanks, and substances considered hazardous, toxic, or the equivalent pursuant to
applicable laws. Any Hazardous Materials used by the Developer on the Licensed Premises shall be posted
on site and a list shall be given to City.
b. Developer shall take commercially reasonable steps to avoid creating or aggravating any condition
at the Park or the Licensed Premises that could present a threat to human health or to the environment.
X.
Documenting Condition of Licensed Premises
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a. Developer must provide Director with videographic documentation of the condition of the Licensed
Premises, including any underground utilities, as they exist both before and after the permitted uses
hereunder. All such video must include a visible date and time stamp indicating when the videography
occurred. Developer must submit documentation of the pre-installation condition prior commencing any
work on the Licensed Premises. Post-installation documentation must be submitted no later than five (5)
business days after the last day of the License Period. Director will distribute copies of the documentation
to all appropriate City personnel to determine whether any damage has been done to the Licensed Premises.
XI.
Minimizing Impact to Vegetation
a. Developer shall not cut or remove any trees on the Licensed Premises unless otherwise specifically
permitted by the City.To minimize damage during construction,Developer shall install chain-link fencing
on the outside drip line of trees and other vegetation specifically identified by the Director at the above-
referenced pre-construction meeting and as outlined in accordance with Exhibit 5,which is attached hereto
and incorporated herein for all purposes. Developer shall notify the Director once the tree and vegetation
protection measures have been installed and allow the Director an opportunity to inspect the work before
construction begins. The City shall have at least two (2)business days following the date on which notice
is received to conduct its inspection. The Developer may begin construction after the second(2nd)business
day following the date on which it provided notice to the City unless the City contacts the Developer and
identifies specific issues that render the tree and vegetation protection measures unacceptable.
b. Developer shall ensure that tree protection fencing remains in place throughout the License Period
or any extended License Period. If any tree within the Park is damaged in connection with Developer's
operations, Developer agrees to undertake remediation efforts, including paying of remediation costs, in
accordance with Exhibit 6,which is attached hereto and incorporated herein for all purposes. Any fencing
shall remain in place until such time as the Licensed Premises are restored pursuant to the terms of this
Permit.
XII.
Minimizing Impact to Utilities
a. Prior to conducting any work on the Licensed Premise,Developer shall use its best efforts to locate
and physically mark all utilities(including,but not limited to,electric lines,waterlines, sewer lines, storm
drains and lines, and gas lines) within the Licensed Premises, which shall include but not be limited to,
conducting a dig tess. With regard to all known water and electric utilities, the Director will work with
Developer to locate and physically mark all such utilities within the Licensed Premises.
b. If Developer encounters any utility infrastructure (including, but not limited to, electric lines,
waterlines, sewer lines, storm drains and lines, or gas lines) in the course of or in connection with
Developer's use of the Licensed Premises, the Developer covenants and agrees to cease construction
operations and install protective matting over or around such utilities in compliance with specifications
approved by the City's Water Department or by the Director. Following installation of the matting,
Developer shall contact the Director to arrange for inspection and approval by appropriate City personnel.
C. Developer shall provide the Director with a copy of the matting specifications and the Water
Department's inspection report within twenty-four (24) hours of receiving the report from the Water
Department and prior to mobilizing its operations on the Park. Developer may begin construction after the
date on which it provided the inspection report and specifications to the Director unless the Director
contacts Developer and identifies specific issues that render the measures unacceptable.
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XIII.
Restoration and Repairs of Improvements
a. To the extent any road, curb, gutter, irrigation system, water line, electrical line, utility line,
barricade, fence, or other improvement is destroyed, damaged, removed, or altered in connection with
Developer's activities under this Permit, as determined in the sole reasonable discretion of the Director,
Developer shall cease all work on the Licensed Premises and immediately contact the Director so that the
Director may assess any such issues. Developer shall be responsible and liable for reconstructing,repairing,
and restoring any such improvement in a good and workmanlike manner to a condition that is equal to or
better than the one in which such improvement existed as of the date this Permit is fully executed, as
evidenced by the pre-installation video required under Section X of this Permit. Any restoration required
under this section must be completed by Developer and inspected and approved by the Director prior to the
expiration of the License Period or the License Period will be extended per Section I. Any certifications or
licenses required to perform the work set forth in this Article must be provided to the Director prior to the
commencement of such work.
XIV.
Restoration of Surface and Subsurface of Licensed Premises
a. To the extent any portion of the surface or subsurface of the Licensed Premises is damaged or
disturbed in connection with Developer's activities under this Permit, as determined by the Director in his
sole reasonable discretion, Developer shall restore the surface or subsurface of the Licensed Premises by:
(i) aerating the soil using a heave-action aerator with six-to-eight inch tines to address compaction caused
during the process of installing the sanitary sewer lines and any associated infrastructure; (ii) replanting
with Common Bermuda sod in accordance with the sod specifications outlined in the attached Exhibit 7,
which is attached hereto and incorporated herein for all purposes; and (iii) watering the sodded areas as
needed until the vegetation is established and has been approved and accepted by the Director. Prior to
planting, Developer shall provide the Director with documentation certifying the type and quality of the
materials to be planted. All planting must be inspected by the Director prior to planting by the Developer.
The Director may, in exercise of reasonable discretion, reject any plant material that does not meet the
requirements of this section or Exhibit 7 or is otherwise unacceptable for one or more specific, clearly
identified reasons. Any restoration required under this section must be completed by Developer in
compliance with the specifications set forth in this section and the attached exhibits and inspected and
approved by the Director,which approval shall not be unreasonably withheld,prior to the expiration of the
License Period or the License Period will be extended per Section I.
XV.
Discretionary Limited Access to Care for and Establish Vegetation
a. Developer may request limited access to the Licensed Premises to water, care for, and establish
replacement vegetation required under Section XIII ("Limited Access"). A request for Limited Access
must be made in writing and delivered to the Director at least ten(10) calendar days prior to the expiration
of the License Period or extended License Period. Replacement vegetation or seed must be in place at the
time the request is made.
b. Director may,in its reasonable discretion,authorize Limited Access for a period not to exceed two
weeks from the expiration of the License Period or extended License Period. During the Limited Access
period, no Developer materials or equipment may remain on the Licensed Premises with the exception of
irrigation directly involved in irrigation and temporary fencing used to protect areas being restored.
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Developer's use of the Licensed Premises under Limited Access in accordance with this Section shall not
invoke any additional extended License Period beyond that which already exists at the time that Limited
Access is granted.
XVI.
Removal of Excavated Materials
a. Developer shall not excavate, drill, dig, or allow any significant erosion of the Licensed Premises.
To the extent that such does occur,Developer shall, in addition to any other requirements set forth in this
Permit, ensure that all drilling mud spoils and all excess material excavated by or for Developer will be
properly disposed of within twenty-four (24) hours of excavation unless such material is stored in a
containment facility. Material stored in a containment facility may remain on the Licensed Premises no
longer than ten(10)calendar days following the date of excavation.
XVII.
Liability:INDEMNIFICATION.
a. Developer agrees to pay City for all damages suffered or incurred by City, either directly or
indirectly, as a result of any operations on or from the Licensed Premises conducted for or by Developer,
its agents, employees or representatives, including, but not limited to, all damage or injury to standing or
fallen timber,buildings, fences, equipment, and all other property, whether real or personal, except to the
extent such damage is caused by the gross negligence or willful misconduct of City or its agents,employees,
separate contractors, or subcontractors.
b. DEVELOPER'S RELEASE AND INDEMNIFICATION REQUIREMENTS SET FORTH
IN THE CIA, WHICH INCLUDE, BUT ARE NOT LIMITED TO, SECTIONS K, M, AND N OF
THE CIA, ARE HEREBY INCORPORATED INTO THIS PERMIT BY REFERENCE AS IF SET
OUT IN FULL. DEVELOPER AGREES TO ABIDE BY SUCH RELEASE AND
INDEMNIFICATION REQUIREMENTS IN THE PERFORMANCE OF THIS PERMIT.
C. Developer covenants and agrees that City shall in no way or under any circumstances be responsible
for any property belonging to Developer, its members, employees, agents, contractors, subcontractors,
invitees, licensees, or trespassers that may be stolen, destroyed, or in any way damaged, and Developer
HEREBY INDEMNIFIES AND HOLDS HARMLESS CITY FROM ANY AND ALL SUCH
CLAIMS,except to the extent such damage is caused by the gross negligence or willful misconduct of City
or its agents,employees, separate contractors,or subcontractors. City does not guarantee police protection
and will not be liable for any loss or damage sustained by Developer, its members, employees, agents,
contractors, subcontractors,invitees,licensees,or trespassers on any of the Premises.
d. Developer agrees that City shall not be liable for any loss, injury or damage whatsoever suffered
or incurred by Developer or Developer's agents, employees or representatives while on the Licensed
Premises,except to the extent such damage is caused by the gross negligence or willful misconduct of City
or its agents,employees, separate contractors,or subcontractors.
XVIII.
Insurance
a. Duty to Acquire and Maintain
1. Developer shall ensure that a policy or policies of insurance are procured and maintained
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at all times,in full force and effect,to provide coverages of the types and amounts specified herein,
naming the City as an additional insured and covering all public risks related to the use,occupancy,
condition, maintenance, existence, or location of the Park and the construction, installation,
operation,maintenance,repair,reconstruction,or condition of the pipeline. The insurance required
hereunder may be met by a combination of self-insurance and primary and excess policies.
Developer shall provide proof of all requirements stated herein to the City prior to beginning any
work pursuant to this Permit.
b. Types and Amounts of Coverage Required
1. Commercial General Liability:
i. $1,000,000.00 per occurrence, $2,000,000.00 aggregate, including coverage for
the following: (i) Premises Liability; (ii) independent contractors; (iii)
products/completed operations; (iv)personal injury; (v) contractual liability; (vi)
explosion, collapse,and underground property damage
2. Property Damage Liability:
i. $1,000,000.00 per occurrence
3. Umbrella Policy
i. $5,000,000.00
4. Environmental Impairment Liability(EIL)&/or Pollution Liability
i. $5,000,000.00 per occurrence
ii. $10,000,000.00 aggregate
5. Automobile Liability:
i. $1,000,000.00 per accident,including,but not limited to, all owned,leased,hired,
or non-owned motor vehicles used in conjunction with the rights granted under
this Permit
6. Worker's Compensation:
i. As required by law
7. Employer's Liability:
i. $1,000,000.00 per accident
C. Revisions to Required Coverage
1. At the reasonable recommendation of the City's Risk Manager, the City may at any time
revise insurance coverage requirements and limits required by this Permit. Developer agrees that
within thirty(30)days of receipt of written notice from the City,Developer will implement all such
revisions requested by the City. Policies shall not have exclusions that nullify or alter the required
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lines of coverage, or decrease the limits of said coverages required by this Permit, unless such
endorsements are approved in writing by the City. The policy or policies of insurance shall be
endorsed to provide that no material changes in coverage,including,but not limited to,cancellation,
termination, non-renewal, or amendment, shall be made without thirty (30) days' prior written
notice to the City.
d. Underwriters and Certificates
1. Developer shall procure and maintain its insurance with underwriters who are authorized
to do business in the State of Texas and who are acceptable to the City in terms of solvency and
financial strength. Within ten (10) business days following execution of this Permit, Developer
shall furnish the City with certificates of insurance signed by the respective companies as proof
that it has obtained the types and amounts of insurance coverage required herein. In addition,
Developer shall, on demand,provide the City with evidence that it has maintained such coverage
in full force and effect.
e. Deductibles
1. Deductible or self-insured retention limits on any line of coverage required herein shall not
exceed$500,000.00 in the annual aggregate unless the limit per occurrence or per line of coverage,
or aggregate is otherwise approved by the City.
f. Waiver of Subrogation
1. Developer shall require any of its contractors' worker's compensation policies to contain
a waiver of subrogation endorsement in favor of the City.
g. No Limitation of Liability
1. The insurance requirements set forth in this section and any recovery by the City of any
sum by reason of any insurance policy required under this Permit shall in no way be construed or
affected to limit or in any way affect Developer liability to the City or other persons as provided
by this Permit or law.
XIX.
Prohibition Against Liens
a. Developer shall not do any act or make any contract that may be purported to create or be the
foundation of any lien on or any interest in the Licensed Premises or the Park. Any such act, contract, or
lien attempted to be created shall be void. Should any purported lien on the Licensed Premises be created
or filed,the Developer shall,at its sole expense,liquidate and discharge same within ten(10)business days
after notice from the City to do so.
XX.
Notices
a. All notices required or permitted under this Permit shall be conclusively determined to have been
delivered when(i)hand-delivered to the other party, its agent, employee, servant, or representative, or(ii)
received by the other party by reliable overnight courier or United States Mail, postage prepaid, return
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receipt requested, at the address stated below or to such other address as one party may from time to time
notify the other in writing.
To THE CITY: DEVELOPER
Director
Park and Recreation—City of Fort Worth
4200 South Freeway, Ste 2200
Fort Worth,TX 76115
With a copy to: With a copy to:
Department of Law—City of Fort Worth
200 Texas St
Fort Worth,TX 76102
XXI.
Independent Contractor
a. It is expressly understood and agreed that Developer shall operate as independent entity in each
and every respect hereunder and not as an agent, representative, or employee of the City. Developer shall
have the exclusive control and the exclusive right to control all details and day-to-day operations and
activities relative to operation of the Developer and installation of the sanitary sewer service line and any
associated infrastructure and shall be solely responsible for the acts and omissions of its officers, agents,
servants,employees,contractors,subcontractors,licensees,and invitees. Developer acknowledges that the
doctrine of respondent superior shall not apply as between the City and Developer, its officers, agents,
servants, employees, contractors, subcontractors, licenses, and invitees. Nothing contained in this Permit
shall be construed as the creation of a partnership or joint enterprise between the City and Developer.
XXII.
Prohibition Against Assignment
a. The Developer may not sell,assign, or otherwise transfer any of its rights or obligations under
this Permit without the prior,written consent of the City. Any such attempted assignment without the
City's consent shall be void.
XXIII.
Compliance with Laws and Regulations
a. In operating under this Permit, Developer agrees to comply with all applicable federal, state, and
local laws, regulations, and ordinances, including all City ordinances, charter provisions, and rules,
regulations, and requirements of the City's Police, Fire, Code Compliance, Transportation and Public
Works, and Health Departments.
b. Developer will not knowingly do or suffer to be done anything on said Licensed Premises during
the terms of this Permit in violation of the laws, statutes,ordinances,rules,regulations, charter provisions,
directives or requirements referenced in this Permit. If the City calls the attention of Developer to any such
violation on the part of said Developer or any person employed by or admitted to said Licensed Premises
by Developer, Developer will immediately (or otherwise as soon as reasonably possible) desist from and
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correct such violation and/or vacate the Licensed Premises.
XXIV.
Taxes
a. Developer acknowledges and agrees that it shall be solely responsible for paying all taxes assessed
or imposed by any governmental entity in connection with the construction, installation, operation,
maintenance, repair, or reconstruction of the pipeline and with the use of the Licensed Premises or other
City property related to activities within the scope of this Permit.
XXV.
Third Parties
a. Nothing in this Permit shall be construed in any manner to create a cause of action for the benefit
of any person not a party to this Permit,or to create any rights not otherwise existing at law for the benefit
of any person not a party to this Permit. Nothing in this Permit shall be deemed to constitute a waiver of
any immunity or affirmative defense that may be asserted by Developer or the City as to any claim of any
third party.
XXVI.
Force Majeure; Homeland Security
a. If either party is unable, either in whole or part, to fulfill its obligations under this Permit due to
acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; wars; blockades;
insurrections;riots; 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 an Imminent Threat Alert or Elevated Threat Alert by the United States
Department of Homeland Security or any equivalent alert system that may be instituted by any agency of
the United States; 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 only during the continuance of such event. If a Force Majeure
Event occurs,the City may, in its sole discretion, close or postpone the opening of its community centers,
parks,or other City-owned and operated properties and facilities in the interest of public safety and operate
them as the City sees fit.
XXVII.
Headings
a. The section headings contained herein are solely for convenience in reference and are not intended
to define or limit the scope of any provision of this Permit.
XXVIII.
Choice of Law; Venue
a. This Permit shall be governed by and construed in accordance with the laws of the State of Texas.
If any action,whether real or asserted,at law or in equity,arises on the basis of any provision of this Permit,
venue for such action shall lie in state courts located in Tarrant County,Texas or the United States District
Court for the Northern District of Texas-Fort Worth Division.
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XXIX.
Governmental Powers
a. It is understood and agreed that by execution of this Permit,City does not waive or surrender any
of its governmental powers or immunities.
XXX.
Authorization
a. By executing this Permit, Developer's agent affirms that he or she is authorized by Developer to
execute this Permit and that all representations made herein with regard to Developer's identity, address
and legal status(corporation,partnership,individual,etc.)are true and correct.
XXXI.
CFA and Permit
a. It is understood and agreed between the City and Developer that the terms and conditions of the
Permit are in addition to those set forth in the CFA. To the extent that there is a conflict between the terms
of this Permit and the CFA,then this Permit shall control.
XXXII.
Entirety of Agreement
a. This instrument(including all attachments,schedules,and exhibits attached hereto)constitutes the
entire understanding and agreement of the City and Developer as to use of the Licensed Premises and the
Park.Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent
in conflict with the terms and conditions of this Permit. This Permit shall not be amended unless agreed to
in writing by both parties.
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EXHIBIT I
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SECOND AMENDED AND RESTATED COMMUNITY FACILITIES AGREEMENT Page 27 of 50
BETWEEN THE CITY OF FORT WORTH AND
MANSIONS APARTMENT HOMES AT MARINE CREEK,LLC
EXHIBIT 2
STORM DRAINAGE AREA
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engineering, UNIFIED RESIDENTIAL SITE PLAN
MANSIONS AT MARINE
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CARROLLTON PROPERTIES
H ry or-T-TH--C-M
SECOND AMENDED AND RESTATED COMMUNITY FACILITIES AGREEMENT Page 28 of 50
BETWEEN THE CITY OF FORT WORTH AND
MANSIONS APARTMENT HOMES AT MARINE CREEK,LLC
35'PERMANENT STORM DRAINAGE MAINTENANCE AREA
26,925 SQ. FT. /0.618 AC.
OFF S14ADYDELL DRIVE
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
Being a 26,925 square foot tract of land situated over and across a tract of land conveyed to the City of Fort Worth,by
Deed recorded in Volume 7226, Page 721, Deed Records,Tarrant County,Texas,and being more particularly described
by metes and bounds as follows:
COMMENCING at a 518 inch iron rod found for corner lying in the Southeast right-of-way line of Shadydell Drive(60 foot
right-of-way)and the West corner of Lot 3, Block 3 of Marine Creek Apartments,an Addition to the City of Fort Worth,
Tarrant County,Texas,according to the Plat thereof recorded in Cabinet A,Slide 8820,Tarrant County,Texas,said
corner also being the Northwest corner of said City of Fort Worth tract;
Thence South 68 degrees 07 minutes 25 seconds East,along the Southwest line of said Lot 3,Block 3,a distance of
25.15 feet to the POINT OF BEGINNING;
Thence South 68 degrees 07 minutes 25 seconds East,along the Southwest line of said Lot 3,Block 3,a distance of
216.08 feet to a 1/2 inch iron rod found for corner;
Thence South 79 degrees 37 minutes 24 seconds East,along the Southwest line of said Lot 3,Block 3,a distance of
167.19 feet to a point for corner;
Thence over and across said City of Fort Worth tract the following bearings and distances:
South 34 degrees 56 minutes 28 seconds East,a distance of 110.44 feet to a point for corner;
South 27 degrees 37 minutes 28 seconds East,a distance of 338,39 feet to a point for corner;
North 73 degrees 02 minutes 35 seconds West,a distance of 33.03 feet to a point for corner;
North 89 degrees 42 minutes 48 seconds West,a distance of 4.53 feet to a point for corner;
South 44 degrees 35 minutes 46 seconds West,a distance of 7.85 feet to a point for corner;
North 27 degrees 37 minutes 28 seconds West,a distance of 313.25 feet to a point for corner;
North 34 degrees 56 minutes 28 seconds West,a distance of 93.82 feet to a point for corner;
North 79 degrees 37 minutes 24 seconds West,a distance of 150.33 feet to a paint for corner;
North 68 degrees 07 minutes 25 seconds West,s distance of 151.56 feet to a point for corner;
North 40 degrees 54 minutes 16 seconds West,a distance of 76.52 feet to the POINT OF BEGINNING and
containing 26,925 squaz 't•orE? !F$ re of land.
V 1:
J,R.JANl1 RY.
5382
J.R.Janu RIP .845
�a
�,� TEXAS HERITAGE SURVEYING,INC. Bearings are based on the southeast Jot]#1404771-1PDME
to610 Metric Drive,Suite 124, Dallas,TX 75�43 right-of-way line of Shadydell Drive per plat Date:o4/2812o16
Office 214-340-970o Fax 214-340-9710 recorded as Marine Creek Apartments Drawn:CN
txherita e.com recorded in Cabinet A,Slide 8820,Plat Page 1 of 2
g Records,Tarrant County,Texas.
Firm#1o1693oo (N49'D5'44"E) Scale:In-100'
SECOND AMENDED AND RESTATED COMMUNITY FACILITIES AGREEMENT Page 29 of 50
BETWEEN THE CITY OF FORT WORTH AND
MANSIONS APARTMENT HOMES AT MARINE CREEK,LLC
35'PERMANENT STORM DRAINAGE MAINTENANCE AREA
26,925 SQ. FT. /0.618 AC.
OFF SHADYDELL DRIVE
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
SW IRF
�O 0 5 �� LOT 3,BLOCK 3
Q oQ� - O� MARINE CREEK
APARTMENTS
5$rs, 0Q CAB.A, SLIDE 8820
POC IRF POB P.R.T.C.T.
L47 �7T6, C?s 851 W1Y E 0.76'TO
War IRF FOR RFFFRFNCE
1 112'IRF
Cyrs L36
PERMANENT DRAINAGE
MAINTENANCE EASEMENT L44
LINE TABLE CITY OF FORT WORTH �—� 112"IRF
VOL.7226,PG.721 (CM)
LINE# LENGTH DIRECTION D.R.T.C.T.
L35 216-08' S68°07'25"E
L36 167.19' S79"37'24"E 35'PERMANENT CITY OF FORT WORTH
STORM VOL.7226,PG.721
L37 110.44' S34"56'28"E DRAINAGE D.R.T.C.T.
MAINTENANCE
L38 338.39' S27"37'28"E AREA ! A'
26,925 SQ.FT.
0.618 AC.
L39 33.03' N73°02'35"W c,
L40 4.53' N89142148"W
L41 7.85, S44°35'46"W
L42 31325' N27"37'28"W N
L43 93.82' N34"56'28"W I,�y,�>i
L44 156.33' N79"37'24"W s L40
L45 151.56' N68"07'25"W i
L46 76.52' N40°54'16"W
LEGEND:
L47 25.15' 568"07'25"E CM CONTROLLING MONUMENT
IRF IRON ROD FOUND
100 50 0 50 100 150 200 "SQ.FT SQUARE FEET
R.O.W. RIGHT-OF-WAY
P.R.T.C.T PLAT RECORDS,TARRANT COUNTY,TEXAS
M.R.T.C.T. MAP RECORDS,TARRANT COUNTY,TEXAS
SCALE-1"=100
��' \ TEXA5 HERITAGE SURVEYING,INC. Bearings are based an the Southeast Job#1404771-1PDME
F 1o610 Metric Drive,Suite 124, Dallas,TX 75243 right-of-way line of Shadydell Drive per plat Date:04128f2ot6
Office 21 0- 00 Fax 21 0- 10 recorded as Marine Creek Apartments Drawn:CN
4 34 97 434 97 recorded in Cabinet A,Slide 8820,Plat
1�r►� tXherltage.com Records,Tarrant County,Taxes. Page 2 Of 2
Firm flo16g3oo (N49"05'44"E) Scale:1"-too"
SECOND AMENDED AND RESTATED COMMUNITY FACILITIES AGREEMENT Page 30 of 50
BETWEEN THE CITY OF FORT WORTH AND
MANSIONS APARTMENT HOMES AT MARINE CREEK,LLC
50' TEMPORARY CONSTRUCTION ACCESS AREA
39,409 SQ.FT. /0.90 AC.
OFF SHADYDELL DRIVE
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
Being a 39,409 square foot tract of land situated over and across a tract of land conveyed to the City of Fort Worth, by
Deed recorded in Volume 7226, Page 721, Deed Records,Tarrant County,Texas,and being more particularly described
by metes and bounds as follows:
COMMENCING at a 5/8 inch iron rod found for corner lying in the Southeast right-of-way line of Shadydell Drive(60 foot
right-of-way)and the West corner of Lot 3, Block 3 of Marine Creek Apartments,an Addition to the City of Fort Worth,
Tarrant County,Texas, according to the Plat thereof recorded in Cabinet A.Slide 8820,Tarrant County,Texas,said
corner also being the Northwest corner of said City of Fort Worth tract;
Thence South 68 degrees 07 minutes 25 seconds East,a€eng the Southwest line of said Lot 3,Black 3,a distance of
25.15 feet to the POINT OF BEGINNING;
Thence South 68 degrees 07 minutes 25 seconds East,along the Southwest Ilne of said Lot 3,Block 3,a distance of
216.08 feet to a 112 inch iron rod found for corner;
Thence South 79 degrees 37 minutes 24 seconds East,along the Southwest line of said Lot 3,Block 3,a distance of
188.52 feet to a point for corner;
Thence over and across said City of Fort Worth tract the following bearings and distances:
South 34 degrees 56 minutes 28 seconds East, a distance of 96.24 feet to a point for corner;
South 27 degrees 37 minutes 28 seconds East, a distance of 175.75 feet to a point for corner;
North 62 degrees 22 minutes 32 seconds East,a distance of 20.00 feet to a point for corner;
South 27 degrees 37 minutes 28 seconds East, a distance of 90.00 feet to a point for corner;
South 62 degrees 22 minutes 32 seconds West,a distance of 20,00 feet to a point for corner;
South 27 degrees 37 minutes 28 seconds East, a distance of 64.37 feet to a point for corner;
South 79 degrees 21 minutes 56 seconds East,a distance of 35.83 feet to a point for corner;
South 10 degrees 13 minutes 07 seconds West,a distance of 19.32 feet to a point for corner;
North 66 degrees 07 minutes 29 seconds West, a distance of 5.90 feet to a point for corner;
North 80 degrees 54 minutes 48 seconds West,a distance of 18.80 feet to a point for corner;
North 73 degrees 02 minutes 35 seconds West, a distance of 50.63 feet to a point for corner;
North 89 degrees 42 minutes 48 seconds West,a distance of 4.53 feet to a point for corner;
South 44 degrees 35 minutes 46 seconds West,a distance of 21.03 feet to a point for corner;
€t TEXAS HERITAGE SURVEYING,INC. Bearings are based on the Southeast Job#1 4 0 47 71-1TCE
1o610 Metric Drive,Suite 124, Dallas,TX 75243 right-of-way line of Shadydell Drive per plat Date:0412712016
Office 214-340-g700 Fax 214 340 9710 recorded as Marine Creek Apartments Drawn:CN
txherita e.com recorded T Cabinet A,slide as. Piet Page 1 of
1��� g Records,Tarrant County,Texas. g 4
Firm#lo1693oo (N49°0544^E) Scale:1" 10o'
SECOND AMENDED AND RESTATED COMMUNITY FACILITIES AGREEMENT Page 31 of 50
BETWEEN THE CITY OF FORT WORTH AND
MANSIONS APARTMENT HOMES AT MARINE CREEK,LLC
50' TEMPORARY CONSTRUCTION ACCESS AREA
39,409 SQ.FT.I0.90 AC.
OFF SHADYDELL DRIVE
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
South 09 degrees 36 minutes 17 seconds West,a distance of 19.24 feet to a point for corner;
South 07 degrees 05 minutes 14 seconds East,a distance of 21.62 feet to a point for corner;
South 24 degrees 25 minutes 45 seconds East,a distance of 7.31 feet to a point for corner;
South 36 degrees 09 minutes 05 seconds East,a distance of 16.05 feet to a point for corner;
South 39 degrees 50 minutes 52 seconds East,a distance of 13.93 feet to a point for corner;
South 31 degrees 44 minutes 51 seconds East,a distance of 8.69 feet to a point for corner,
South 62 degrees 17 minutes 21 seconds West,a distance of 13.77 feet to a point for corner;
North 27 degrees 42 minutes 39 seconds West,a distance of 72.30 feet to a point for corner,
North 19 degrees 57 minutes 11 seconds East,a distance of 54.33 feet to a point for corner;
North 27 degrees 37 minutes 28 seconds West,a distance of 86.13 feet to a point for corner;
South 62 degrees 22 minutes 32 seconds West,a distance of 50.00 feet to a point for corner;
North 27 degrees 37 minutes 28 seconds West,a distance of 40.00 feet to a point for corner;
North 62 degrees 22 minutes 32 seconds East,a distance of 50.00 feet to a point for corner,
North 27 degrees 37 minutes 28 seconds West,a distance of 163.23 feet to a point for corner;
North 34 degrees 56 minutes 28 seconds West,a distance of 93.82 feet to a point for corner;
North 79 degrees 37 minutes 24 seconds West,a distance of 156.33 feet to a point for corner;
North 68 degrees 07 minutes 25 seconds West,a distance of 151.56 feet to a point for corner;
North 40 degrees 54 minutes 16 seconds West,a distance of 76.52 feet to the POINT OF BEGINNING and
containing 39,409 square feet or 0.9q acre of land.
332 5 .
rq�U�
ESS in..
J.R.January, .L.S. 5382 .2f
TEXAS HERITAGE SURVEYING,INC. Bearings are based on the Southeast Jpb#1404771-ITCE
10610 Metric Drive,Suite 124, Dallas,TX 75243 right-of--way Ifne of Shadydell Drive per plat
Date:o4J27/2ot6
Office 274 340-970o Fax 214 340-9710 recorded as Marine Creek Apartments Drawn:CN
recorded in Cabinet A,Slide 8820,Plat
r txheritage.com Records,Tarrant County,Texas. Page 2 Of 4
Firm#1o169300 (N49°05'44"E) scale:i e-too,
SECOND AMENDED AND RESTATED COMMUNITY FACILITIES AGREEMENT Page 32 of 50
BETWEEN THE CITY OF FORT WORTH AND
MANSIONS APARTMENT HOMES AT MARINE CREEK,LLC
50' TEMPORARY CONSTRUCTION ACCESS AREA
39,409 SQ.FT./0.90 AC.
OFF SHADYDELL DRIVE
!!CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
W IRF
LOT 3,BLOCK 3
MARINE CREEK
5 518-; �P APARTMENTS
POC POB CAB.A,SLIDE 8820
P.R.T.C.T.
L1 � 42 861,6911W.E 0.78,TO
618'IRF FOR REFERENCE
C „27 IRF L3
33
L32
CITY OF FORT WORTH `57 v(CIRF
(CM)
VOL.7226,PG.721
❑.R.T.C.T.
501 TEMPORARY CITY OF FORT WORTH
CON
ACCESS ARIEA `(f VOL,7226,PG.721
39,409 SQ.FT. ` D,R.T.C.T.
0.90 AC.
�6
w Irmo�E
s
�CP
L 15�`Q
100 50 0 50 100 150 200 L 10
v L14 L11
L1 L16 L12
LEGEND: SCALE-1" 100 L13
CM CONTROLLING MONUMENT 37 L1 L1$
IRF IRON ROD FOUND L20
SQ.FT SQUARE FEET I
R.O.W RIGHT-OF-WAY L23 L21
D.R.T.C.T DEED RECORDS,TARRANT COUNTY,TEXAS L22
P.R.T.C.T, PLAT RECORDS,TARRANT COUNTY,TEXAS
��t� TEXAS HERITAGE SURVEYING,INC. Bearings are based on the Southeast Job#1404771-110E
right-of-way line of Shadydell Drive per plat Date:0 412 71 2 01 6
1o610 Metric Drive,Suite 124, Dallas,TX 75243 recorded as Marine Creek Apartments
Office 214-340.9700 Fax 214-340-9710 recorded In Cabinet A,Slide 8820,Plat Drawn:CN
txherltage.com Records,Tarrant County,Texas. page 3 Of 4
Firm#1o1693oo (N49°05'44°E) Scale:i"-10o'
SECOND AMENDED AND RESTATED COMMUNITY FACILITIES AGREEMENT Page 33 of 50
BETWEEN THE CITY OF FORT WORTH AND
MANSIONS APARTMENT HOMES AT MARINE CREEK,LLC
50' TEMPORARY CONSTRUCTION ACCESS AREA
39,409 SQ.FT./0.90 AC.
OFF SHADYDELL DRIVE
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
TEMPORARY CONSTRUCTION TEMPORARY CONSTRUCTION
EASEMENT LINE TABLE EASEMENT LINE TABLE
LINE# LENGTH DIRECTION LINE# LENGTH DIRECTION
L1 25.15' S68'07125"E L21 13.93' S39'50'52"E
L2 216.08' S68'07'25"E L22 8,69, 831'44'51"E
L3 188-52' S79'37'24"E L23 13.77' S62'1T21"W
L4 96.24' S34'56'28"E L24 72,30' N27'42'39"W
L5 175.75' S27'3728"E L25 54.33' N19'57'11"E
L6 20.00' N62'22'32"E L26 86.13' N27'37'28"W
L7 90.00' 327'37'28"E L27 50.00' S62'22'32"W
L8 20.00' S62'22'32"W L28 40.00' N27'37'28"W
L9 64.37' S27'37'28"E L29 50.00' N62'22'32"E
L10 35.83' S79'21'56"E L30 163.23' N27'37'28"W
L11 19.32' S10'13'07"W L31 93.82' N34'56'28"W
L12 5.90' N66'07'29"W L32 156.33' N79'37'24"W
L13 18.80' N80'54'48"W L33 151.56' N68'07'25"W
L14 50.63' N73'02'35"W L34 76.52' N4W54116"W
L15 4.53' N89'4248"W
L16 21.03' S44'35'46"W
L17 19.24' S9'36'17"W
L18 21.62' S7'05'14"E
L19 7.31' S24'25'45"E
L20 16.05' S36'09'05"E
TEXAS HERITAGE SURVEYING,INC. Bearings are based on the Southeast Job#1 4 0 47 71-1TCE
io610 Metric Drive,SUite 124, Dallas,TX 75243 right-of-way line of Shadydell Drive per plat Date:o4j27j2o16
Office 214-340-97oo Fax 214-340-9710 recorded as Marine Creek Apartments Drawn:CN
recorded In Cabinet A,Slide 8820,Plat
txheritage.com Records,Tarrant County,Texas, Page 4 of 4
Firm#1oi693oc (N49"05'44"B) Scale-I"-100'
SECOND AMENDED AND RESTATED COMMUNITY FACILITIES AGREEMENT Page 34 of 50
BETWEEN THE CITY OF FORT WORTH AND
MANSIONS APARTMENT HOMES AT MARINE CREEK,LLC
EXHIBIT 3
PARK TRAILS AREA
South Trail
Marine Creek Lake Park
°YA VF +�A!A
I Fwt
W71,
/ 1
Approximate location of new trail to
be constructed within this 110 foot x 680
Location of future trail off of ,, foot area.
Shadydell Circle /
A --a }
lip-
t�
SECOND AMENDED AND RESTATED COMMUNITY FACILITIES AGREEMENT Page 35 of 50
BETWEEN THE CITY OF FORT WORTH AND
MANSIONS APARTMENT HOMES AT MARINE CREEK,LLC
North Trail
Marine Creek Lake Park
UNA WA
Ir
Sw
Approximate location of new trail to
I e.I. ! o be constructed in this 1,551 foot x 215
_ foot area.
mr
1'�I:�rirl�rr_�:r !;t�r��i►r,t ��'�
1 1070.00 ft -
Location of future trail is 1,070 feet
from Huffines Blvd.
I. now�� 1
1 ; u -.
`.. .Or
it l '
SECOND AMENDED AND RESTATED COMMUNITY FACILITIES AGREEMENT Page 36 of 50
BETWEEN THE CITY OF FORT WORTH AND
MANSIONS APARTMENT HOMES AT MARINE CREEK,LLC
EXHIBIT 4
PARK IMPROVEMENTS AREA
Marine Creek Lake Park
ka.-��N*
Park Improvements Area will follow
along the entire main trail within
the Park and extend out 25 feet on
both sides.The agreed upon Park �•' ���
Improvements shall be constructed /� @•, ����®
within this area. Portions of the
main trail are shown by way of
arrows.
pop
Ma " e Creek La Park
A "
jF
SECOND AMENDED AND RESTATED COMMUNITY FACILITIES AGREEMENT Page 37 of 50
BETWEEN THE CITY OF FORT WORTH AND
MANSIONS APARTMENT HOMES AT MARINE CREEK,LLC
EXHIBIT 5
TREE PROTECTION
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SECOND AMENDED AND RESTATED COMMUNITY FACILITIES AGREEMENT Page 38 of 50
BETWEEN THE CITY OF FORT WORTH AND
MANSIONS APARTMENT HOMES AT MARINE CREEK,LLC
5' R 97
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SECOND AMENDED AND RESTATED COMMUNITY FACILITIES AGREEMENT Page 39 of 50
BETWEEN THE CITY OF FORT WORTH AND
MANSIONS APARTMENT HOMES AT MARINE CREEK,LLC
EXHIBIT 6
DAMAGE TO CITY TREES
NO PRUNING OF ANY CITY TREE SHALL BE PERMITTED, UNLESS SPECIFIED
OTHERWISE IN THESE SPECIFICATIONS. Severe damage to trees will result in replacement or
compensation of trees by the DEVELOPER. Failure to replace damaged trees shall be considered a breach of
contract and DEVELOPER shall be assessed for damages. Slight or moderate damage to trees will result in
assessment of damages.
ASSESSMENT OF DAMAGES TO TREES
I.I. Developer will check trees in the Licensed Premises before contract work begins, any damage will
be noted and reported to the Director.
1.2. The Director may conduct random checks of the trees during the License Period.
1.3. A check of all trees may be made at the end of the License Period. The City Forester,Director,and
Developer will attend the inspection.
1.4. Damages shall be documented by memo to the City Forester with copy to contract file and the
Contractor.
1.5. Developer may have the option of replacement or payment for severely damaged trees at a location
to be designated by PACS. Replacement shall be made on caliper inch per caliper inch basis with a
minimum size of replacement tree of 2" in caliper for trees damaged or removed less than 30"
diameter at breast height(DBH) and 2"per inch on trees 30"DBH or greater. Developer shall be
responsible for any planting,watering,mulching and maintenance of replacement trees for a period
of not less than 2 years. Developer shall compensate the City at a rate of$200 per caliper inch for
any tree that does not survive the 2 year establishment period.
1.6. Slight Damage shall be defined as damage, in the opinion of the City Forester, that may heal.
Examples include,but are not limited to,scaring of the trunk into the cambial layer%2"to 2"in width
but less than 1/3 trunk circumference or breaking of limbs less than 2"in diameter or limbs less than
1/3 trunk caliper, whichever is less. Slight damage shall also include removal or lying down of
protective tree fencing prior to the end of construction, storing equipment or supplies within the
critical root zone(CRZ),or disposing of paint or concrete within the CRZ but not closer to the trunk
than 50% radius of the CRZ. Slight damage to trees shall be assessed at a rate of$100.00 for each
instance.For each day that tree fencing is not properly placed,equipment or supplies are stored within
CRZ, or fill is stored within the CRZ, shall be considered one instance.
1.7. Moderate damage shall be defined as damage,in the opinion of the City Forester,that contributes to
the poor health and reduced longevity of the tree,and examples include,but are not limited to,scaring
of the trunk into the cambial layer greater than 2" but less than 1/3 of the trunk circumference or
breaking of limbs more than 2"in diameter but less than 1/3 trunk caliper. Moderate damage shall
also include compaction of soil,grading or filling in 20%of the CRZ on one of four sides but outside
the 50%radius of the CRZ,or disposing of paint or concrete within 50%radius of the CRZ.Moderate
damages shall be calculated at a rate of%2 the assessed value of the tree per each instance of damage.
1.8. Severe damage or removal of trees is subject to a penalty of$200 per diameter inch of trees removed
or damaged for trees less than 30" DBH and$400 per diameter inch of trees 30"DBH or greater.
Severe damage or removal shall include,but is not limited to,scaring of the trunk to the cambial layer
greater than 1/3 the trunk circumference, uprooting or causing a tree to lean, or damage to a
scaffolding branch or branch greater than 1/3 of trunk caliper. Severe damage shall also include
SECOND AMENDED AND RESTATED COMMUNITY FACILITIES AGREEMENT Page 40 of 50
BETWEEN THE CITY OF FORT WORTH AND
MANSIONS APARTMENT HOMES AT MARINE CREEK,LLC
compaction of soil,grading or filling more than 20%of the CRZ,or within 50%radius of the CRZ or
on more than one of 4 sides. Cutting 1/3 of the buttress roots within 3 times the distance of the DBH
of the trunk,or cutting 4 roots 4"or greater in diameter within 4'of the trunk shall also be considered
severe damage.
1.9. Branches shall be measured at the point of attachment or at the lateral to which the branch would be
pruned back to according to ANSI standards. Trees caliper shall be measured according to accepted
industry standards. Trees greater than 6"in caliper shall be measured using DBH. Trees that must
be removed due to damage caused by Developer shall be removed by the Parks and Community
Services Department's Forestry Section Tree Removal Contractor at Developer's expense.
1.10 All damages shall be paid to the City Tree Fund. Failure to replace or pay for damaged trees shall
result in a breach of contract and Developer will be automatically assessed damages. Damages as
described herein shall be deducted from payments otherwise due to Developer.
1.11 Remediation costs assessed hereunder constitute contractual damages intended to compensate the
City,as property owner,and have no bearing on whether or to what extent any fines may be due under
the Urban Forestry Ordinance of the Fort Worth Zoning Ordinance.
SECOND AMENDED AND RESTATED COMMUNITY FACILITIES AGREEMENT Page 41 of 50
BETWEEN THE CITY OF FORT WORTH AND
MANSIONS APARTMENT HOMES AT MARINE CREEK,LLC
EXHIBIT 7
SEEDING AND SODDING SPECIFICATIONS
SECTION 02930- SEEDING
PART 1 -GENERAL
1.01 DESCRIPTION
A. Work Included: Seeding of grass seed or wildflower seed, as specified on the plans.
B. Related Work Specified Elsewhere: Section 02300,Earthwork.
1.02 REFERENCE STANDARDS
A. Standardized Plant Names
1. For exotic plant materials: American Joint Committee of Horticultural
Nomenclature, Second Edition, 1942.
2. For native materials
a. Manual of the Vascular Plants of Texas by Correll and Johnston
b. Check List of Vascular Plants of Texas by Hatch
c. Flora of North Central Texas by Shinners and Moller
B. Texas Highway Department: Standard Specifications for Construction, Item 164,
"Seeding for Erosion Control"and Item 180, "Wildflower Seeding".
1.03 SUBMITTALS
A. Seed
1. Vendors' certification that seeds meet Texas State seed law including:
a. Testing and labeling for pure live seed(PLS)
b. Name and type of seed
2. If using native grass or wildflower seed, seed must have been harvested within one
hundred(100)miles of the construction site.
3. All seed shall be tested in a laboratory with certified results presented to the City, in
writing,prior to planting.
4. All seed to be of the previous season's crop and the date on the container shall be
within twelve months of the seeding date.
5. Each species of seed shall be supplied in a separate,labeled container for acceptance
by the City.
B. Fertilizer
1. Unopened bags labeled with the analysis
2. Conform to Texas fertilizer law
1.04 JOB CONDITIONS
A. Planting Season: The season varies according to species(see Part 2 -Products). Do not
seed when soil is excessively wet or dry or when wind exceeds ten(10)miles per hour.
SECOND AMENDED AND RESTATED COMMUNITY FACILITIES AGREEMENT Page 42 of 50
BETWEEN THE CITY OF FORT WORTH AND
MANSIONS APARTMENT HOMES AT MARINE CREEK,LLC
B. Schedule After All Other Construction and planting is complete.
C. Protect and Maintain Seeded Areas
1. From erosion
2. From traffic and all other use
3. Until seeding is complete and accepted
1.05 QUALITY CONTROL
The contractor who plants the seeds,whether the general contractor or a subcontractor, is
responsible for daily supervision of his crew,and for the planting and maintaining of seedlings
until acceptable,viable growth is achieved and the project accepted by the City.
PART 2—PRODUCTS
2.01 MATERIALS
A. Seed
All seed shall be planted at rates based on pure live seed(PLS=purity x germination)per
acre.
Substitution of individual seed types due to lack of availability shall be made only by the
City at the time of planting. The Contractor shall notify the City,prior to bidding,of
difficulties locating certain species. Only those areas indicated on the plans and areas
disturbed by construction shall be seeded. Prior to seeding,each area shall be marked in
the field and approved by the City. Any adjustment of area location by the City shall be
considered incidental and shall not entitle the Contractor to additional compensation.
Weed seed shall not exceed ten percent(10%) by weight of the total of pure live seed
(PLS)and other material in the mixture. Johnsongrass and nutgrass seed shall not be
allowed.
The seed shall be clean,dry and harvested within one year of planting.
1.Non-native grass seed shall consist of-
If planted between April 15 and September 10:
Lbs./Acre Common Name Scientific Name Pgfi1y Germination
25 Bermuda(unhulled) Cynodon dactylon 85% 90%
75 Bermuda(hulled) Cynodon dactylon 95% 90%
Substitute the following if planted between September 10 and April 15:
220 Rye Grass Lolium multiflorum 82% 80%
40 Bermuda(unhulled) Cynodon dactylon 84% 85%
2 Native grass seed-The seed shall be planted between February 1 and October 1
and shall consist of:
SECOND AMENDED AND RESTATED COMMUNITY FACILITIES AGREEMENT Page 43 of 50
BETWEEN THE CITY OF FORT WORTH AND
MANSIONS APARTMENT HOMES AT MARINE CREEK,LLC
Lbs.PLS/Acre Common Name Botanical Name
1.6 Green Sprangletop Leptochloa dubia
5.5 Sideoats Grama* Bouteloua curtipendula
3.7 Little Bluestem* Schizachyrium scoparium
17.0 Buffalograss Buchloe dactyloides
1.8 Indian Grass* Sorghastrum nutans
0.5 Sand Lovegrass* Eragrostis trichodes
6.0 Big Bluestem Andropogon gerardii
8.0 Eastern Grama Tripscacum dactyloides
1.2 Blue Grama Bouteloua gracilis
1.8 Switchgrass Panicum virgatum
10.0 Prairie Wildrye* Elymus canadensis
*These grasses are not to be planted within ten feet of a road or parking lot or
within three(3)feet of a walkway.
3 Wildflower seed-All wildflower seeds are to be hand broadcast,(see 3.02,A).
The seed shall be planted between March 5 and May 31 or between September 1
and December I and shall consist of:
Lbs.PLS/Acre Common Name Botanical Name
3.0 Bush Sunflower Sinsia calva
5.0 Butterfly Weed Asclepias tuberosa
2.0 Clasping Coneflower* Rudbeckia amplexicaulis
3.0 Golden-Wave Coreopsis basalis
13.4 Illinois Bundleflower Desmanthus illinoensis
13.6 Partridge Pea Cassia fasciculata
2.0 Prairie Verbena Verbena bipinnatifida
8.0 Texas Yellow Star Lindheimeri texana
8.0 Winecup Callirhoe involcrata
2.0 Black-eyed Susan I. Rudbeckia hirta
18.0 Cutleaf Daisy II. Engelmannia
pinnatifida
2.0 Obedient Plant III. Physostegia intermedia
3.0 Pitcher Sage IV. Salvia azurea
2.0 Plains Coreopsis V. Coreopsis tinctoria
8.0 Scarlet Sage VI. Salvia coccinea
*These wildflowers are not to be planted within ten feet of a road or parking lot
or within three feet of a walkway.
4. Temporary erosion control seed
When specified on the plans,temporary control measures shall be performed.
These measures shall consist of the sowing of cool season plant seeds and the
work and materials as required in this section.
B. Mulch
I. Mulch should be designed for use with conventional mechanical or hydraulic
planting of seed, either alone or with fertilizer.
SECOND AMENDED AND RESTATED COMMUNITY FACILITIES AGREEMENT Page 44 of 50
BETWEEN THE CITY OF FORT WORTH AND
MANSIONS APARTMENT HOMES AT MARINE CREEK,LLC
2. Mulch should be wood cellulose fiber produced from virgin wood or recycled
paper-by-products(waste products from paper mills or recycled newspaper).
3. Mulch should contain no growth or germination inhibiting factors.
4. Mulch should contain no more than ten percent(10%)moisture,air dry weight
basis.
5. Additives shall include a binder in powder form.
6. Material shall form a strong moisture retaining mat.
C. Fertilizer
1. All fertilizer shall be delivered in bags or containers clearly labeled showing the
analysis.
2. All fertilizer shall be in acceptable condition for distribution and shall be applied
uniformly over the planted area.
3. Analysis of 16-20-0, 16-8-8,or as designated on the plans. Fertilizer rate:
a. No fertilizer is required for wildflower seeding.
b. Where applying fertilizer on newly established seeding areas- 100 pounds
of Nitrogen per acre.
C. Where applying fertilizer on established seeding areas- 150 pounds of
Nitrogen per acre.
D. Erosion Control Measures
1. For seeding application in areas up to 3:1 slope,use cellulose,fiber or recycled
paper mulch,(see 2.01,B.Mulch and 3.03).
2. For seeding application in areas 3:1 slope or greater,use the following soil
retention blanket(Follow the manufacturer's directions):
"Curlex I" from American Excelsior, 900 Ave. H East,Post Office Box 5624,
Arlington,Texas 76001, 1-800-777-SOIL.
2.02 MIXING
Seed,mulch,fertilizer and water may be mixed provided that:
1. Mixture is uniformly suspended to form a homogenous slurry.
2. Mixture forms a blotter-like ground cover impregnated uniformly with grass seed.
3. Mixture is applied within thirty(30)minutes after placed in the equipment.
PART 3—EXECUTION
3.01 SEEDED PREPARATION
A. Clear Surface of All Materials, Such As:
1. Stumps, stones,and other objects larger than one inch.
2. Roots,brush,wire, stakes,etc.
3. Any objects that may interfere with seeding or maintenance.
B. Tilling
1. In all compacted areas till one inch(1")deep.
2. If area is sloped greater than 3:1,run a tractor parallel to slope to provide less
seed/water run-off.
3. In areas near trees: Do not till deeper than one half(1/2") inch inside"drip line"
of trees.
SECOND AMENDED AND RESTATED COMMUNITY FACILITIES AGREEMENT Page 45 of 50
BETWEEN THE CITY OF FORT WORTH AND
MANSIONS APARTMENT HOMES AT MARINE CREEK,LLC
C. Water: Shall be furnished by the Contractor as an ancillary cost to the Contract by the
Contractor by means of temporary metering/irrigation,water truck or by any other
method necessary to achieve viable,acceptable stand of turf as noted in 3.04.B. of this
specification. The water source shall be clean and free of industrial wastes or other
substances harmful to the germination of the seed or to the growth of the vegetation. The
amount of water will vary according to the weather variables. Generally, an amount of
water that is equal to the average amount of rainfall plus one half inch(1/2")per week
should be applied until such time 100%full growth coverage is achieved and one
mowing cycle is performed by the Contractor and accepted by the Owner.
Watering: Soil should be watered to a minimum depth of four inches within forty eight
(48) hours of seeding.
3.02 SEEDING
A. If Sowing Seed By Hand
1. Broadcast seed in two directions at right angles to each other.
2. Harrow or rake lightly to cover seed.
3. Never cover seed with more soil than twice its diameter.
4. For wildflower plantings, scalp existing grasses to one (1")inch,remove grass
clippings, so seed can make contact with the soil.
B. Mechanically Seeding(Drilling):
If mechanically seeding(drilling)the seed or seed mixture,the quantity specified shall be
uniformly distributed over the areas shown on the plans or where directed. All varieties
of seed, as well as fertilizer,may be distributed at the same time provided that each
component is uniformly applied at the specified rate. Seed shall be drilled at a depth of
from one quarter inch to three eighth inch(1/4"-3/8")utilizing a pasture or rangeland
type drill. All drilling is to be on the contour. After planting,the area shall be rolled with
a roller integral to the seed drill,or a corrugated roller of the "Cultipacker"type. All
rolling of slope areas shall be on the contour.
3.03 MULCHING
A. Apply uniformly after completion of seeding in areas up to 3:1 slope. Mulch may be
applied concurrently with fertilizer and seed,if desired.
B. Apply at the following rates unless otherwise shown on plans:
1. Sandy soils, flat surfaces-minimum 1,500 lbs./acre.
2. Sandy soils, sloping surfaces-minimum 1,800 lbs./acre.
3. Clay soils, flat surfaces-minimum 2,500 lbs./acre.
4. Clay soils, sloping surfaces-minimum 3,000 lbs./acre.
5. "Flat"and"sloping" surfaces will be shown on the plans if not visually obvious.
C. Apply within thirty(30) minutes after placement in equipment. Keep mulch moist,by
daily water application,if necessary:
1. For approximately twenty-one(21) days,or
2. Until seeds have germinated and have rooted in soil,(see 3.04.B.2.)and project
has been accepted by the City.
SECOND AMENDED AND RESTATED COMMUNITY FACILITIES AGREEMENT Page 46 of 50
BETWEEN THE CITY OF FORT WORTH AND
MANSIONS APARTMENT HOMES AT MARINE CREEK,LLC
3.04 ESTABLISHMENT,MAINTENANCE AND ACCEPTANCE
A. Includes initial seed and/or sod application and establishment,protection,replanting as
necessary,maintaining grades and immediate repair of erosion damage until the project
receives final acceptance. Refer to Part 2—2.01 —D. for watering requirements to be
executed by the contractor.
B. Initial full coverage turf establishment shall be considered as 100% grow in to a height of
three(3")inches with one mow cycle performed by the Contractor on all newly
established areas prior to consideration of acceptance by the Owner..
C. Replanting
1. Replant areas where a stand of grass or wildflowers are not present in a
reasonable length of time, as determined by the City.
2. A"stand" shall be defined as:
a. Bermuda/Rye grasses: See 3.04 B
b. Native grass and wildflowers: eighty percent(80%) coverage of growing
plants within seeded area within twenty-one days of seeding date on a
smooth bed free of foreign material and rocks or clods larger than one
inch diameter.
END OF SECTION
SECOND AMENDED AND RESTATED COMMUNITY FACILITIES AGREEMENT Page 47 of 50
BETWEEN THE CITY OF FORT WORTH AND
MANSIONS APARTMENT HOMES AT MARINE CREEK,LLC
SECTION 32 92 13
SODDING
Part 1 - GENERAL
1.1 SUMMARY
A.Section Includes:
1. Furnishing and installing grass sod.
B.Related Standard City Specification Sections include,but are not necessarily limited
to:
1. Section 32 9119- Topsoil
2. Section 32 84 23-Irrigation
1.6 informational submittals
A. Certificates and Samples
1. Certificates and specifications of sod,fertilizer,compost,soil amendments or
other materials as requested by the City.
1.10 delivery, storage, and handling
A.Block Sod
1. Protect from exposure to wind,sun and freezing.
2. Keep stacked sod moist consistently throughout stack
3. Sod upon delivery shall be inspected by City provision of certificate from vender
to he provided to City indicating sod free of all weeds.
4. Harvesting and planting operations shall be coordinated with not more than
forty-eight hours elapsing between harvesting and placement,rolling and
tamping,and watering ofsod
1.11 field [site] conditions
A. Grading of site and installation of topsoil must be approved by City prior to
application of sod
Part 2 - PRODUCTS
2.1 MATERIALS AND EQUIPMENT
A.Materials
1. Block Sod
a. Sod Varieties
1) Cynodon dactylon 'TIF419'or Cynodon dactylon 'TIFWAr
2) OR an approved Zoysia grass
b. Sod must contain stolons,leaf blades,rhizomes and roots.
c. Sod shall be alive,healthy and free of insects,disease,stones,undesirable foreign
materials and weeds and grasses deleterious to its growth or which might affect
its subsistence or hardiness when transplanted.
d. Minimum sod thickness: 1"inch minimum.
SECOND AMENDED AND RESTATED COMMUNITY FACILITIES AGREEMENT Page 48 of 50
BETWEEN THE CITY OF FORT WORTH AND
MANSIONS APARTMENT HOMES AT MARINE CREEK,LLC
e. Maximum grass height: 2 inches
f. Sod shall have been produced on growing beds of clay or clay loam topsoil.
g. Sod must not be harvested or planted when its moisture condition is so
excessively wet or dry that its survival will be affected.
h. If sod is stacked,it shall be kept moist and shall be stacked roots to roots and
grass to grass.
i. Acceptable growing beds
1) Bermuda grasses and zoysia grasses:sand or sandy loam soils
j. Broken or torn sod or sod with uneven ends shall be rejected.
k. Temporary Erosion Control Seed
1) Consist of the sowing of cool season plant sod.
2. Topsoil. See Section 32 9119.
3. Water.clean and free of industrial wastes or other substances harmful to the
germination of the seed or to the growth of the vegetation.
2.2 Accessories
a. Sod pins
1) Metal
2) Wood pegs.
Part 3 - EXECUTION
3.1 EXAMINATION
A.Sod shall be inspected by City upon delivery.
B.Contractor must coordinate inspection 72 hours prior to cutting of sod and delivery
3.3 PREPARATION
A.Surface Preparation: clear surface of all material including:
1. Scarify subgrade to a depth of 2-inches before depositing the required topsoil.For
simple row repair only scarify to 1-inch.
2. Stumps,stones,and other objects larger than one inch.
3. Roots,brush,wire,stakes,etc.
4. Any objects that may interfere with planting sod or maintenance.
B.Cleaning
1. Soil shall be further prepared by the removal of debris,building materials,
rubbish,weeds,and rock 1-inch and greater.
C.Fine Grading:
1. After tillage and clearing,all areas to be planted shall be leveled,fine graded,and
a weighted spike and harrow or float drag. The required shall be the elimination
of ruts,depressions,humps,and objectionable soil clods. This shall he the final soil
preparation step to he completed prior to inspection before planting.
2. Areas near trees. Do not till inside dripline of trees or over exposed roots
SECOND AMENDED AND RESTATED COMMUNITY FACILITIES AGREEMENT Page 49 of 50
BETWEEN THE CITY OF FORT WORTH AND
MANSIONS APARTMENT HOMES AT MARINE CREEK,LLC
3.4 INSTALLATION
A. Block Sodding
1. General
a. Do not lay sod when ground is frozen.
b. Over-seeding with annual rye is acceptable from November 1 until February 1.
B.Installation
1. Plant sod specified after the area has been inspected and accepted by City for
planting.
2. Till 2" of subgrade and place 3"of topsoil on areas to receive sod or as directed by
City.
3. Sod to be laid parallel to the contours in areas as specified.Sod to be laid
perpendicular to slopes greater than 3:1.
4. Use care to retain native soil on the roots of the sod during the process of
excavating,hauling and planting.
5. Keep sod material moist from the time it is dug until planted.
6. Fill in slumped areas due to watering to keep sod moist.
7. Place sod so that the entire area designated for sodding is covered with no gaps or
overlapping material.
8. Fill voids left in the solid sodding with additional sod and tamp.
9. Roll and tamp sod so that sod is in complete contact with topsoil at a uniform slope.
By pedestrian mechanical process (no motorized vehicles/equipment)
10. Peg sod with wooden pegs (or wire staple) driven through the sod block to the
firm earth in areas that may slide due to the height or slope of the surface or nature
of the soil.
C.Watering and Finishing
1. Thoroughly water sod immediately after placed and tamped and rolled.
2. Generally,as recommended by the vendor.Water source shall be clean and free of
industrial waste or other substances harmful to the germination of the seed or
growth of the vegetation.
END OF SECTION
SECOND AMENDED AND RESTATED COMMUNITY FACILITIES AGREEMENT Page 50 of 50
BETWEEN THE CITY OF FORT WORTH AND
MANSIONS APARTMENT HOMES AT MARINE CREEK,LLC
00 42 43
DAP-BID PROPOSAL
Page I of 8
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
Shadydell Drive and Shadydell Circle Proj.No.100178
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Description Specification Unit of Bid
No. Section No. Measure Quantity Unit Price Bid Value
UNIT I:WATER IMPROVEMENTS
1 12"X8"TEE EA 5 $4,384.00 $21,920.00
2 6"GATE VALVE EA 2 $1,232.00 $2,464.00
3 8"GATE VALVE EA 4 $1,363.00 $5,452.00
4 1.5"PVC WATER LINE LF 111 $38.00 $4,218.00
5 6"PVC WATER LINE LF 162 $37.00 $5,994.00
6 8"PVC WATER LINE LF 200 $42.00 $8,400.00
7 12"PVC WATER LINE LF 556 $47.00 $26,132.00
8 ADJUST EX.WATER VALVE FLUSH WITH GRADE 33 05 12-D162 EA 4 $424.00 $1,696.00
9 ADJUST EX.FIRE HYDRANT FLUSH WITH GRADE EA 3 $1,571.00 $4,713.00
10 CONCRETE EXCASEMENT FOR UTILITY PIPE 33 05 10-DO17 LF 40 $100.00 $4,000.00
11 1.5"TAPPING SADDLE EA 3 $1,349.00 $4,047.00
12 8"X6"TAPPING SADDLE EA 3 $3,088.00 $9,264.00
13 12"X8"REDUCER EA 2 $800.00 $1,600.00
14 1.5"PLUG EA 3 $150.00 $450.00
15 6"PLUG EA 4 $350.00 $1,400.00
16 8"PLUG EA 4 $375.00 $1,500.00
17 8"WATER LINE LOWERING EA 1 $1,287.00 $1,287.00
18 8"WATER LINE REMOVAL LF 590 $13.00 $7,670.00
19 2"PVC WATER LINE LF 88 $29.00 $2,552.00
20 2"TAPPING SADDLE EA 1 $1,349.00 $1,349.00
21 2"TOP ACCESS DOUBLE CHECK VALVE ASSEMBLY EA 2 $1,250.00 $2,500.00
22 2"PLUG EA 2 $250.00 $500.00
23 8"X3"REDUCER EA 2 $350.00 $700.00
24 3"WATER METER VAULT EA 1 $14,995.00 $14,995.00
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
TOTAL UNIT I:WATER IMPROVEMENTS1 $134,803.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version May 22,2019 AXIA 18 218-Bid Proposal 4-7-2020 Engineer Form V2
00 42 43
DAP-BID PROPOSAL
Page 2 of 8
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
Shadydell Drive and Shadydell Circle Proj.No.100178
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Specification Unit of Bid
No. Description Unit Price Bid Value
Section No. Measure Quantity
UNIT II:SANITARY SEWER IMPROVEMENTS
1 EXISTING MANHOLE ADJUSTMENT EA 3 $3,349.00 $10,047.00
2 CONCRETE ENCASEMENT FOR UTILITY PIPE LF 120 $100.00 $12,000.00
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
TOTAL UNIT II:SANITARY SEWER IMPROVEMENTS1 $22,047.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Tom Version May 22,2019 AXIA 18-218-Bid Proposal 4-7-2020 Engineer Forth V2
00 42 43
DAP-BID PROPOSAL
Page 3 of 8
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
Shadydell Drive and Shadydell Circle Proj.No.100178
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Specification Unit of Bid
No. Description Unit Price Bid Value
Section No. Measure Quantity
UNIT III:DRAINAGE IMPROVEMENTS
1 ROCK RIP RAP SY 400 $234.00 $93,600.00
2 TRENCH SAFETY LF 2582 $1.00 $2,582.00
3 CONC.COLLAR FOR STORMCEPTOR ASSEMBLY EA 1 $19,652.00 $19,652.00
4 REMOVE EXISTING HEADWALL EA 1 $1,101.00 $1,101.00
5 21"RCP LF 147 $54.00 $7,938.00
6 24"RCP LF 35 $64.00 $2,240.00
7 36"RCP LF 884 $122.00 $107,848.00
8 48"RCP LF 266 $192.00 $51,072.00
9 60"RCP LF 378 $295.00 $111,510.00
10 72"RCP LF 427 $416.00 $177,632.00
11 5'X5'RCB LF 375 $359.00 $134,625.00
12 8'X6'CONCRETE BOX CULVERT LF 70 $593.00 $41,510.00
13 10'CURB INLET EA 4 $6,031.00 $24,124.00
14 15'CURB INLET EA 1 $7,526.00 $7,526.00
15 20'CURB INLET EA 1 $9,331.00 $9,331.00
16 4'X4'JUNCTION BOX(STD.4'SQUARE JUNCTION BOX) 33 49 10-D409 EA 2 $6,496.00 $12,992.00
17 5'X5'JUNCTION BOX(STD.5'SQUARE JUNCTION BOX) 33 49 10-D410 EA 2 $7,876.00 $15,752.00
18 6'X6'JUNCTION BOX(STD.6'SQUARE JUNCTION BOX) 33 49 10-D411 EA 1 $9,217.00 $9,217.00
19 TYPE 1 JUNCTION BOX STRUCTURE(TXDOT) JB-1-02(FW) EA 2 $13,015.00 $26,030.00
20 10'X10'JUNCTION BOX(FORTERRA) EA 1 $32,516.00 $32,516.00
21 STM WQ DEVICE(RINKER STC16000) EA 1 $183,466.00 $183,466.00
22 CUSTON WINGWALL FOR 8'X6'RCB EA 1 $40,778.00 $40,778.00
23 PLUG FOR 24"RCP EA 1 $400.00 $400.00
24 PLUG FOR 36"RCP EA 2 $650.00 $1,300.00
25 PLUG FOR 48"RCP EA 1 $938.00 $938.00
26 HYDROMULCH SY 33,000 $2.50 $82,500.00
27 Remove and Replace Concrete Trail SF 656 $17.00 $11,152.00
28 Temporary Asphalt Trail SF 1441 $10.00 $14,410.00
29
30
31
32
33
34
35
36
37
38
39
40
41
42
TOTAL UNIT III:DRAINAGE IMPROVEMENTS $1,223,742.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version May 22,2019 AXIA 18-218-Bid Proposal 4-7-2020 Engineer Fmm V2
00 42 43
DAP-BID PROPOSAL
Page 4 of 8
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
Shadydell Drive and Shadydell Circle Proj.No.100178
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Specification Unit of Bid
Description Unit Price Bid Value
No. Section No. Measure Quantity
UNIT IV:PAVING IMPROVEMENTS
1 HYDRATE LIME(54#/SY) TN 280 $203.00 $56,840.00
2 8"LIME STABILIZED SUBGRADE SY 10330 $4.45 $45,968.50
3 8"THICK 3,600 PSI REINFORCED CONC.PVMT SY 9580 $51.25 $490,975.00
4 4"THICK 6'WIDE SIDEWALK SF 25300 $5.60 $141,680.00
5 SAWCUT AND REMOVE EX.CURB AND GUTTER LF 180 $6.00 $1,080.00
6 CONNECT TO EX.STREET/PAVEMENT LF 180
7 BARRIER FREE RAMP(P-1) 32 13 20-D540 EA 6 $1,943.33 $11,660.00
8 EROSION CONTROL LS 1 $30,733.00 $30,733.00
9 TRAFFIC CONTROL 34 71 13-D660 MO 3 $2,000.00 $6,000.00
10 STOPSIGN EA 3 $210.00 $630.00
11 PAVEMENT MARKINGS LS 3 $6,565.00 $19,695.00
12 ROAD SIGN EA 2 $210.00 $420.00
13 5"THICK 8'WIDE PROPOSED TRAIL SF 5263 $6.10 $32,104.30
14 GUARD RAIL LF 450 $40.00 $18,000.00
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
TOTAL UNIT IV:PAVING IMPROVEMENTS1 $855,785.80
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version May 22,2019 AXIA 18-218-Bid Proposal 4-7-2020 Engineer Form V2
00 42 43
DAP-BID PROPOSAL
Page 5 of 8
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
Shadydell Drive and Shadydell Circle Proj.No.100178
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Specification Unit of Bid
No. Description Section No. Measure Quantity Unit Price Bid Value
UNIT V:STREET LIGHTING IMPROVEMENTS
1 2"PVC CONDUIT SCH 80 LF 1860 $11.15 $20,739.00
2 LUMINAIRE(ATBO 20BLEDE70 MVOLT R2(/R4)3K MP NL P7)
R2 EA 13 $425.00 $5,525.00
R4 EA 1 $425.00 $425.00
3 TYPE 11 POLE W/TYPE 33B ARM 34 41 20-D621 EA 14 $2,575.00 $36,050.00
4 TYPE 1 FOUNDATION FOR POLE ASSEMBLY 34 41 20-D622 EA 14 $1,385.00 $19,390.00
5 COPPER WIRE(3 wire pair) LF 1860 $5.55 $10,323.00
6 GROUND BOX EA 2 $825.00 $1,650.00
7 Electric Service Ped. EA 1 $6,850.00 $6,850.00
8
9
10
11
12
13
14
15
16
17
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 V:STREET LIGHTING IMPROVEMENTS1 $100,952.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version May 22,2019 AXIA 18-218-Bid Proposal 4-7-2020 Engineer Foam V2
00 42 43
DAP-BID PROPOSAL
Page 6 of 8
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
Shadydell Drive and Shadydell Circle Proj.No.100178
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Specification Unit of Bid
No. Description Section No. Measure Quantity Unit Pricq Bid Value
UNIT VI:TRAFFIC SIGNAL IMPROVEMENTS
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
TOTAL UNIT VI:TRAFFIC SIGNAL IMPROVEMENTS
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version May 22,2019 AXIA 18-218-Bid Proposal 4-7-2020 Engineer Form V2
00 42 43
DAP-BID PROPOSAL
Page 7 of 8
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
Shadydell Drive and Shadydell Circle Proj.No.100178
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Description Specification Unit of Bid Unit Price Bid Value
No. Section No. Measure Quantity
Bid Summary
UNIT I:WATER IMPROVEMENTS $134,803.00
UNIT II:SANITARY SEWER IMPROVEMENTS $22,047.00
UNIT III:DRAINAGE IMPROVEMENTS $1,223,742.00
UNIT IV:PAVING IMPROVEMENTS $855,785.80
UNIT V:STREET LIGHTING IMPROVEMENTS $100,952.00
UNIT VI:TRAFFIC SIGNAL IMPROVEMENTS
Total Construction Bidl $2,337,329.80
This Bid is submitted by the entity named below:
BIDDER: BY:
Axia Contracting,LLC
3435 56th Street South left Sct=aumaun
Suite 200 TITLE: Secretart-Treasurer
Fargo,ND 58104 DATE:4/l/2020
Contractor agrees to complete WORK for FINAL ACCEPTANCE within 120 working days after the date when the
CONTRACT commences to run as provided in the General Conditions.
***Note: This excludes installation of lighting poles,which has an 18-20 week lead time.***
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version May 22,2019 AXIA 18 218-Bid Proposal 4-7-2020 Engineer Form V2
Northwest
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5339 ALPHA ROAD, SUITE 300 DALLAS, TEXAS 75240 STREET IMPROVEMENTS
N� 972.701.9636 • 972.701.9639 FAX CITY OF FORT WORTH,TARRANT COUNTY,TEXAS
q TX REGISTERED ENGINEERING FIRM F-12600 PROJECT# 100178
www.hpcivileng.com _
— SHEET CONTENTS: SHEET NO. HP JOB NO.
j% The engineering works depicted herein are the sole property of HPcivil engineering,-I-C.and may not be constructed or used without its express
written permission.No permission to modify or reproduce any of the engineering works,Including without limitation the construction of any `�1/� 17V engineerof aecord: JAL
iC s improvement,is expressed or should be implied from delivery of preliminary drawings or unsealed construction drawings.Permission to construct the t VICINITY � 1
1. P P 9 expressly v payment EXHIBIT I I I 18-218 I orew�by oAK
1. m rovements depicted in sealed construction drawings is ex ressl conditioned on the full and time) a ment of all fees otherwise due HPcivil
engineering,-I-C.and.,in the absence of any written agreement to the contrary,is limited to a one-time use on the site indicated on these plans. s Dare Plovea 091171 o
SE
OWER
GRAPHIC SCALE RAIFIRELHYDRANTS&NG
VALVE AS NEEDED
160 0 80 160 WITH ROAD IMP.
PROP. 1j" IRR. PROP. 12" WATER
SERVICE / \
( IN FEET ) PROP. 8" // Ex I WATER
1 inch = 160 ft. DOM. SERVICE /
PROP. 8"
AOL FIRE SERVICE PROP. 1}" IRR.
LOT 2, BLOCK C 3 SERVICE
PROP. DOM.
(TRACT 2)
1(TR ACRES SERVICE
"y PROP. 8" FIRE
LOT 1R, BLOCK 3 /� SERVICE
MARINE CREEK APARTMENTS 11 `
CAB. A, SL. 8912 LOT 3, BLOCK 3
M.R.T.C.T. Q� (TRACT 1)
BLUE LAKE AT MARINE CREEK, LP. PROP. 12" WATER 13.43 ACRES
INST. NO. D203460230 ��
D.R.T.C.T. PO �
/ CITY OF FORT WORTH
EX 8" WATER / VOL. 7226, PG. 721
D.R.T.C.T.
/ SH EX 8" WATER
YDELL DR. LOWERING
_ LEGEND
- Ex•'w EXISTING WATER LINE
RAISE/LOWER EXISTING PROPOSED WATER LINE
RAISE/LOWER EXISTING FIRE HYDRANT & 14 EXISTING GATE VALVE
VALVE AS NEEDED VALVE AS NEEDED EXISTING FIRE HYDRANT
WITH ROAD IMP. WITH ROAD IMP. I
I I \
X 12" WATER LOT 1, BLOCK 2 \\
(TRACT\ ACRES
I I \5.35 ACREE S
�\ EX 8" WATER �\
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FIRE HYDRANT & PROP 41' B—B SECTION
VALVE AS NEEDED
WITH ROAD IMP. !v
ad <L PROP. 6"FIRE PROP. 6" DOM.
SERVICE SERVICE
i LOT 1, BLOCK 1
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PROP. 6" DOM. �
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RAISE/LOWER EXISTING
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LOT 1, BLOCK 1
CROSSPOINT CHURCH ADDITION
I 1� \ I / INST. NO. D214243867
D.R.T.C.T.
° / CROSSPOINT CHURCH OF THE NAZARENE
L ° NST. NO. D209253003
D.R.T.C.T.
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xa =civil engineering, LLC. SHADYDELL DRIVE &
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odl5339 ALPHA ROAD, SUITE 300 DALLAS, TEXAS 75240 STREET IMPROVEMENTS
oN 972.701.9636 972.701.9639 FAX CITY OF FORT WORTH,TARRANT COUNTY,TEXAS
N TX REGISTERED ENGINEERING FIRM F-12600 PROJECT# 100178
v� www.hpcivileng.com
°o SHEET CONTENTS: SHEET NO. HP JOB NO.
j% The engineering works depicted herein are the sale properly of HPcivil engineering,LLC.and may not be constructed or used without its express
written permission.No permission to modify or reproduce any of the engineering works.,including without limitation the construction of any IIntlineeror Re cord: JAL
x i improvement Is expressed or should be implied from delivery of preliminary drawings or unsealed construction drawings.Permission to construct the > WATER EXHIBIT 3 18-218
To—by DAK
w w improvements depicted in sealed construction drawings is expressly conditioned on the full and timely payment of all fees otherwise due HPcivil on
v= engineering,LLC.and,in the absence of any written agreement to the contrary,is limited to a one-time use on the site indicated on these plans. I s Dare Plovetl: 09/17/2019
GRAPHIC SCALE
160 0 80 160
( IN FEET )
1 inch = 160 ft. LOT 2, BLOCK 3
\ (TRACT 2)
15.00 ACRES
LOT 1R, BLOCK 3 ���� LOTTRACT I 3
MARINE CREEK APARTMENTS ��� 1&43 ACRES
CAB. A. SL 8912
M.R.T.0 T. APO
EX 8' PRIV.
BLUE LAKE AT MARINE CREEK, LP. SANITARY \
INST. NO. D203480230 �,
O.R.T.QT. �, \
CITY OF FORT WORTH
VOL 7228, PG. 721
i O.R.T.QT.
� SHAD
1'DELL DR. EX 8"
_ SANITARY
SEWER LEGEND
EXIS7INC SEM LINE
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SEWER MANHOLES TO \f�.
CURRENT CTY STANDARDS I I � EX 8"
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PROP 41' B-8 SECTION
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4� (TRACT 4
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CROSSPCNT CHURCH ADDITION
INST. NO. 0214243867
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Nm =civil engineering, LLC. SHADYDELL CIRCLE
5339 ALPHA ROAD, SUITE 300 DALLAS, TEXAS 75240 STREET IMPROVEMENTS
NN 972.701.9636 972.701.9639 FAX CITY OF FORT WORTH,TARRANT COUNTY,TEXAS
q TX REGISTERED ENGINEERING FIRM F-12600 PROJECT# 100178
www.hpcivileng.com _
— SHEET CONTENTS: SHEET NO. HP JOB NO.
j% The engineering works depicted herein are the sale properly of HPcivil engineering,-LC.and may not be constructed or used without its express
written permission.No permission to modify or reproduce any of the engineering works.,including without limitation the construction of any Engineer of aecord: JAL
x i improvement Is expressed or should be implied from delivery of preliminary drawings or unsealed construction drawings.Permission to construct the t
SEWER EXHIBIT I 2 I 18 218 I oaw y: oAK
improvements depicted in sealed construction drawings is expressly conditioned on the full and timely payment of all fees otherwise due HPcivilcan
engineering,LLC.and,is the absence of any written agreement to the contrary,is limited to a one-time use on the site indicated on these plans. I s Dare Plovetl: 09/17/2019
GRAPHIC SCALE
160 0 80 160 \ 1
PROPOSED /
STORM 36' RCP
( IN FEET ) S11AT 8 P.L. 5'x5'I
1 inch = 160 ft. LOT $ BLOCK 3PROPOSED STORM
1$A C1ACRS TXDOT AT P.L.
STORM WATER
LOT 1R, BLOCK 3 2W QUALITY DEVICE
MARINE CREEK APARTMENTS CONNECT TO
CAB. A. SL 8912 EX 36" RCP
M.R.T.QT. PROPOSED
BLUE LAKE AT MARINE CREEK, I.P. 48" RCP
INST. NO. 0203460230 P / \�
O.R.T.C.T. PROPOSED
5 72' RCP
SHAD�L DR.
/ PROPOSED r MATCHUNE
80" RCP
_ W
PROPOSED PROP-05ED 1� 0, a CITY OF FORT WORTH
= VOL 7226, PG. 721
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2tn�� EXISTING AT P.L. PROeO �
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LOT 1, BLOCK 2 \
\ (TRACT 3)
5.35 ACRES 4'%c4F� ycSTl�JB�
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PROPOSED STORM
t 5�P 72�R� �\ EX EXISTING
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yzl CITY OF FORT WORTH \\
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=civil engineering, LLC. SHADYDELL DRIVE &
N� SHADYDELL CIRCLE
5339 ALPHA ROAD, SUITE 300 DALLAS, TEXAS 75240 STREET IMPROVEMENTS
NN 972.701.9636 972.701.9639 FAX CITY OF FORT WORTH,TARRANT COUNTY,TEXAS
q TX REGISTERED ENGINEERING FIRM F-12600 PROJECT# 100178
www.hpcivileng.com _
— SHEET CONTENTS: SHEET NO. HP JOB NO.
jq The engineering works depicted herein are the sale properly of HPcivil engineering,LLC.and may not be constructed or used without its express
written permission.No permission to modify or reproduce any of the engineering works.,including without limitation the construction of any p�� El,ineerof Re cord: JAL
x t improvement Is expressed or should be implied from delivery of preliminary drawings or unsealed construction drawings.Permission to construct the DRAINAGS
.. P P 9 expressly vP v EXHI8R I I 18-218 I Drawn by oAK
improvements de icted in sealed construction drawings is ex ressl conditioned on the full and time) payment of all fees otherwise due HPcivil
engineering,LLC.and,is the absence of any written agreement to the contrary,is limited to a one-time use on the site indicated on these plans. I s Dare Plovetl: 09/17/2019
60' R.O.W. GRAPHIC SCALE
' 160 0 80 160
r r
9.5' 41' B—B 9.5'
4.5' � 4.5' 4'
�41
LK 20' LANE 20' LANE WALK.5 o.s' 2% IN FEETAX' z% 1 inch = 160 ft.
5" THICK 8' REINFORCED PROFILE
SIDEWALK CONCRETE PAVING CONTROL POINT _ PROP 6' SIDEWALK
(�) (3500 PSI) 8" LIME—STABILIZATED
SUBGRADE (54 LBS/SY)
TYPICAL SECTION
LOT 2, BLOCK 3 LOT 3, BLOCK 3
(TRACT 2) � (TRACT 1)
15.00 ACRES 13.43 ACRES
LOT 1 R, BLOCK 3
MARINE CREEK APARTMENTS
CAB. SL. 8912
M.R.R.T.C.T.
BLUE LAKE AT MARINE CREEK, LP.
INST. NO. D203460230
D.R.T.C.T.
B.F.R.
B.F.R. SHADYDELL DR. PROP 41' B—B SECTION
CITY OF FORT WORTH
VOL. 7226, PG. 721
PROP 41' B—B SECTION D.R.T.C.T.
B.F.R.
PROP 6' SIDEWALK
AWCUT & REMOVE
EXISTING CURB &
SIDEWALK 0 DRIVE LOT 1, BLOCK 2
CONNECTION (TRACT 3) \
5.35 ACRES \
3 yG� PROP 6' SIDEWALK
r 2
w
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ad
u
<O SAWCUT & REMOVE Q
i EXISTING CURB & /
- SIDEWALK 0 DRIVE
CONNECTION
LL LOT 1, BLOCK 1 /
i (TRACT 4) /
P 6.71 ACRES
3
C /
3 B.F.R.
0
LEGEND
Q
PROPOSED 41" B—B
SECTION
\ PROPOSED 6' SIDEWALK
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xo =civil engineering, LLC. SHADYDELL DRIVE &
SHADYDELL CIRCLE
odl5339 ALPHA ROAD, SUITE 300 DALLAS, TEXAS 75240 STREET IMPROVEMENTS
oN 972.701.9636 972.701.9639 FAX CITY OF FORT WORTH,TARRANT COUNTY,TEXAS
N TX REGISTERED ENGINEERING FIRM F-12600 PROJECT# 100178
v� www.hpcivileng.com
°o SHEET CONTENTS: SHEET NO. HP JOB NO.
j% The engineering works depicted herein are the sale properly of HPcivil engineering,-LC.and may not be constructed or used without its express
written permission.No permission to modify or reproduce any of the engineering works.,including without limitation the construction of any I., JAL
x i improvement Is expressed or should be implied from delivery of preliminary drawings or unsealed construction drawings.Permission to construct the PAVING EXHIBIT 4 18-218
Drawn by DAK
w w improvements depicted in sealed construction drawings is expressly conditioned on the full and timely payment of all fees otherwise due HPcivil m
if engineering,LLC.and,is the absence of any written agreement to the contrary,is limited to a one-time use on the site indicated on these plans, s Dare Plovetl: 09/17/2019