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HomeMy WebLinkAboutContract 55840Received Date: 06/14/2021 Received'I�me: 4:21 pm Developer and Pro ject Information Cover Sheet: Developer Company Name: CRP/CHI DOWNING OWNER, L.P., Address, State, Zip Code: 3819 Maple Avenue, Dallas, TX 75219 Phone & Email: 214-661-8341, wmundinger@chindustrial.com Authorized Signatory, Title: William G. Mundinger III , Vice President Project Name: Brief Description: Project Location: Plat Case Number Downing Drive Water, Sewer, Paving and Street Lights Downing Drive & I-35 Frontage Road None Mapsco: CFA Number: CFA21-0039 Plat Name: None Council District: 2 City Project Number: , 03290 City of Fort Worth, Texas StandardCommunity Facilities Agreement Rev.10/5/19 [NPC] �FFICIAL RECORD CITY SECRETARY FT. WORTH, TX CSC No. 55840 STANDARD COMMLJNITY FACILITIES AGREEMENT This COMMLINIT'Y FACILITIES AGREEMENT ("Agreement") is made and entered into by and between The City of Fort Worth ("City"), a home-rule municipal corporation of the State of Texas, acting by and through its duly authorized Assistant City Manager, and CRP/CHI DOW1vING OWNER, L.P., a Delaware limited partnership ("Developer"), acting by and through its duly authorized representative. City and Developer are referred to herein individually as a"party" and collectively as the "parties." WHEREAS, Developer is constructing private improvements or subdividing land within the corporate limits of Fort Worth, Texas or its extraterritorial jurisdiction, for a project known as Downing Drive ("Project"); and WHEREAS, the City desires to ensure that all developments are adequately served by public infrastructure and that the public infrastructure is constructed according to City standards; and WHEREAS, as a condition of approval of the Project, Developer is required to bear a portion of the costs of municipal infrastructure by constructing the public infrastructure necessary for the Project as described in this Agreement ("Community Facilities" or "Improvements"); and WHEREAS, as acondition ofapproval ofthe Project, Developer is requiredto meet the additional obligations contained in this Agreement, and Developer may be required to make dedications of land, pay fees or construction costs, or meet other obligations that are not a part of this Agreement.; and WHEREAS, the City is not participating in the cost of the Improvements or Project; and WHEREAS, the Developer and the City desire to enter into this Agreement in connection with the collective Improvements for the Project; NOW, THEREFORE, for and in consideration of the covenants and conditions contained herein, the City and the Developer do hereby agree as follows: 1. CFA Ordinance The Community Facilities Agreements Ordinance ("CFA Ordinance") effective 6/1/19 as amended, is incorporated into this Agreement by reference, as if it was fully set forth herein. Developer agrees to comply with all provisions of the CFA Ordinance in the performance of Developer's duties and obligations pursuant to this Agreement and to cause all contractors hired by Developer to comply with the CFA Ordinance in connection with the work performed by the contractors. If a conflict exist between the terms and conditions of this Agreement and the CFA Ordinance, the CFA Ordinance shall control. 2. Incorporation of Engineering Plans The engineering plans for the Improvements that have been accepted by the City ("Engineering Plans") are incorporatedinto this Agreement byreference as if fully set out herein. Developer shallprovide City of Fort Worth, Texas StandardCommunity Facilities Agreement Rev.10/5/19 [NPC] OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to construct the Improvements required by this Agreement. 3. Description of Improvements; Fxhibits and Attachments The following exhibits describe the general location, nature and extent of the Improvements that are the subject of this Agreement and are attached hereto and incorporated herein by reference: � Exhibit A: Water � Exhibit A-1: Sew er � Exhibit B: Paving ❑ Exhibit B-1: Storm Drain � Exhibit C: Street Lights & Signs The Location Map and Cost Estimates are also attached hereto and incorporated herein by reference. To the extent that Exhibits A, A-1, B, B-1, C, the Location Map, or the Cost Estimates conflict with the Engineering Plans, the Engineering Plans shall controL If applicable, Attachment 1— Changes to Standard Community Facilities Agreement, Attachment 2— Phased CFA Provisions, and Attachment 3— Concurrent CFA Provisions, are attached hereto and incorporated herein for all purposes. 4. Construction of Improvements Developer agrees to c aus e the c onstruction of the Improvements c ontemplated by this Agreement and that said construction shall be completed in a good and workmanlike manner and in accordance whh all City standards and specifications, the Engineering Plans, the Cost Estimates provided for the Improvements, andthis Agreement. Developer acknowledges that City will not acceptthe Improvements until the City receives affidavits and lien releases signed by Developer's contractors verifying that the contractors, and all subcontractors and material suppliers, have been paid in full for constructing the Improvements, and consent of the surety on payment and performance bonds provided for the Improvements. 5. Financial Guarantee Developer has provided the City with a financial guarantee in the form and amounts set forth in this Agreement which guarantees the construction of the Improvements and payment by Developer of all contractors, subcontractors, and material suppliers for the Improvements ("Financial Guarantee"). Developer shall keep the Financial Guarantee in full force and effect until released by the City and shall not reduce the amount of the Financial Guarantee unless authorized by the City in accordance with the CFA Ordinance. 6. Completion Deadline; Estension Periods This Agreement shall be effective on the date this Agreement is executed by the City's Assistant City Manager ("Effective Date"). Developer shall complete construction of the Improvements and obtain the City's acceptance of the Improvements within two (2) years of the Effective Date ("Term"). City of Fort Worth, Texas Page 3 of 17 StandardCommunity Facilities Agreement Rev.10/5/19 [NPC] If construction of the Improvements has started during the Term, the Developer may request that this Agreement be extended for an additional period of time ("Extension Period"). All Extension Periods shall be agreedto in writingby the City and the Developer as set forth in a written amendmentto this Agreement. In no event shall the Term of this Agreement plus any Extension Periods be for more than three years. 7. Failure to Construct the Improvements (a) The City may utilize the Developer's Financial Guarantee to cause the completion of the construction of the Improvements if at the end of the Term, and any Extension Periods, the Improvements have not been completed and accepted by the City. (b) The City may utilize the Developer's Financial Guarantee to cause the completion of the construction of the Improvements or to cause the payment of costs for construction of the Improvements before the expiration of the Term, and any Extension Period, if the Developer breaches this Agreement and does not cure said breach within reasonable time after written notice from the City, becomes insolvent, or fails to pay costs of construction. (c) If the Financial Guarantee is a Completion Agreement and the Developer's contractors or suppliers are not paid for construction costs or materials supplied for the Improvements the contractors and suppliers may place a lien upon any property which the City does not have an ownership interest that is the subject of the Completion Agreement. (d) Nothing contained herein is intended to limit the Developer's obligations under the CFA Ordinance, this Agreement, the Financial Guarantee, Developer's agreements with Developer's contractors, or other related agreements. 8. Termination If Developer desires to terminate this Agreement before Developer's contractors begin constructing the Improvements, Developer agrees to the following: (a) that Developer and City must execute a termination of this Agreement in writing; (b) that Developer will vacate any final plats that have been filed with the county where the Project is located; and (c) to pay to the City all costs incurred by the City in connection with this Agreement, including time spent by the City's inspectors at preconstruction meetings. 9. Award of Construction Contracts (a) Developer will award all contracts for the construction of the Improvements and cause the Improvements to be constructed in accordance with the CFA Ordinance. (b) Developer will employ construction contractors who meet the requirements ofthe City to construct the Improvements including, but not limited, to being prequalified, insured, licensed and bonded to construct the Improvements in the City. City of Fort Worth, Texas Page 4 of 17 StandardCommunity Facilities Agreement Rev.10/5/19 [NPC] (c) Developer will require Developer's contractors to provide the City with payment and performance bonds nammg the City and the Developer as dual obligees, m the amount of one hundred perce�t (100%) of the cost of the Improvements as required by the CFA Ordinance. The payment and performance bonds shall guarantee construction of the Improvements and payment of all subcontractors and material suppliers. Developer agrees to require Developer's contractors to provide the City with a maintenance bond naming the City as an oblige, in the amount of one hundred percent (100%) of the cost of the Improvements, that guarantees correction of defects in materials and workmanship for the Improvements by the contractor and surety for a period of two (2) years after completion and final acceptance of the Improvements by the City. All bonds must be provided to the City before construction begins and must meet the requirements of the City's Standard Conditions, Chapter 2253 of the Texas Government Code, and the Texas Insurance Code. (d) Developer will require Developer's contractors to provide the City with insurance equal to or in excess of the amounts required by the City's standard specifications and contract documents for developer-awarded infrastructure construction contracts. The City must be named as an additional insured on all insurance policies. The Developer must provide the City with a Certificate of Insurance (ACORD or form approved by the State of Texas), supplied by each contractor's insurance provider, which shallbe made a part of the Project Manual. (e) Developer will require the Developer's contractors to give forty-eight (48) hours' advance notice of their intent to commence construction of the Improvements to the City's Construction Services Division so that City inspection personnel will be available. Developer will require Developer's contractors to allow construction of the Improvements to be subject to inspection at any and all times by the City's inspectors. Developer will require Developer's contractors to not install or relocate any sanitary sewer, storm drain, or water pipe unless a City inspector is present and gives consent to proceed, and to allow such laboratory tests as may be required by the City. (� Developer will not allow Developer's contractors to begin construction of the Improvements unt�1 a notice to proceed to construction is issued by the City. (g) Developer will not allow Developer's contractors to connect buildings to service lines of sewer and water mains constructed pursuant to this Agreement, if any, until said sewer, water mains and service lines have been completed to the satisfaction of the City. 10. Utilities Developer shall cause the installation or adjustment of utilities required to: (1) serve the Project; and (2) to construct the Improvements required herein. City shall not be responsible for payment of any costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with any of the Improvements to be constructed pursuant to this Agreement. 11. Easements and Rights-of-Way Developer agrees to provide, at its expense, all necessary rights-of-way and easements required for the construction and dedication to the City of the Improvements provided for by this Agreement. City of Fort Worth, Texas Page 5 of 17 StandardCommunity Facilities Agreement Rev.10/5/19 [NPC] 12. Liability and Indemnification (a) DEVELOPER HEREBY RELEASES AND AGREES TO INDEMNIF'Y, DEFEND AND HOLD THE CITY HARMLESS FOR ANY INADEQUACIES IN THE PRELIMINARY PLANS, SPECIF7CATIONS, ENGINEERING PLANS, AND COST ESTIMATES SUPPLIED BY THE DEVELOPER FOR THIS AGREEMENT. (b) THE DEVELOPER COVENANTS AND AGREES TO, AND BY THESE PRESENTS DOES HEREBY FULLY INDEMNIF'Y, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTSAND EMPLOYEES FROMALL SUITS, ACTIONS OR CLAIMS OF ANYCHARACTER, WHETHERREAL ORASSERTED, BROUGHT FOR OR ONACCOUNT OFANYINJURIES OR DAMAGES SZISTAINED BYANYPERSONS, INCL UDING DEATH, OR TD ANY PROPERTY, RESULTING FROM OR IN CONNECTIDN WITH THE CONSTRUCTION, DESIGN, PERFORMANCE OR COMPLETION OF ANY WORK TO BE PERFORMED BY SAID DEVELOPER, ITS CONTRACTORS, SUBCONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, OR IN CONSEQZIENCE OF ANY FAIL URE TO PROPERLYSAFEGUARD THE WORK, OR ONACCOUNT OFANYACT, INTENTIONAL OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID DEVELOPER, ITS CONTRACTORS, SUB-CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, WHETHER OR NOT SUCHINJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS, SERYANTS, OR EMPLOYEES. (c) DEVELOPER YT'ILL REQUIRE ITS CONTRACTORS TO INDEMNIF'Y, DEFEND AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, SUITS OR CAUSES OF ACTION OF ANY NATURE WHATSOEVER, WHETHER REAL OR ASSERTED, BRDUGHT FOR OR ON ACCOUNT OF ANY INJURIES OR DAMAGES TD PERSONS OR PROPERTY, INCL UDING DEATH, RESULTING FROM, OR IN ANY WAY CONNECTED WITH, THE CONSTRUCTION OF THE IMPROVEMENTS CONTEMPLATED HEREIN, WHETHER OR NOT SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS, SERVANTS, OR EMPLOYEES. FURTHER, DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES SUFFERED BY THE CITY OR CAUSED AS A RESULT OF SAID CONTRACTORS' FAILURE TO COMPLETE THE WORK AND CONSTRUCT THE IMPROVEMENTS IN A GOOD AND WORKMANLIKE MANNER, PREE FKOM DEFECTS, IN CONFORMANCE WITH THE CPA ORDINANCE, AND IN ACCORDANCE WITH ALL PLANS AND SPECIF'ICATIDNS. 13. Right to Enforce Contracts Upon completion of all work associated with the consiruction of the Improvements, Developer will assign to the City a non-exclusive right to enforce the contracts entered 'mto by Developer with its c ontractors, along with an as signment of all warranties given by the contractors, whether express or implied Further, Developer agrees that all contracts with any contractor shallinclude provisions granting to the City the right to enforce such contracts as an express intended third party beneficiary of such contracts. City of Fort Worth, Texas Page 6 of 17 StandardCommunity Facilities Agreement Rev.10/5/19 [NPC] 14. Fstimated Fees Paid by Developer; Reconciliation Prior to execution of this Agreement, Developer has paid to the City the estimated cost of administrative material testing servicefees, construction inspection servicefees, andwatertestinglab fees in the amounts set forth in the Cost Summary section of this Agreement. Upon completion of the construction of the Improvements, the City will reconcile the actual cost of administrative material testing service fees, construction inspection service fees, and water testing lab fees with the estimated fees paid by Developer. If the actual costs of the fees are more than the estimatedpayments madeby the Developer, the Developer must pay the differenc e to the City before the Improvements w ill be acc epted by the City. If the actual costs ofthe fees areless thantheestimatedpayments madebythe Developer, theCitywillrefund the differenc e to the Developer. If the differencebetween the actual costs andthe estimated payments made bythe Developer is less than fifty dollars ($50.00), the City will not issue a refund and the Developer will not be responsible for paying the difference. The financial guarantee will not be released by the City or returned to the Developer until reconciliation has been completed by the City and any fees owed to the Crty have been paid by the Developer. 15. Material Testing The City maintains a list of pre-approved material testing laborataries. The Developer must contract with material testing laboratories on the City's list. Material testing laboratories will provide copies of all test results directly to the City and the Developer. If the Improvements being constructed fail a test, the Developer must correct or replace the Improvements until the Improvements pass all retests. The Developer must pay the material testing laboratories directly for all material testing and retesting. The Ciry will obtain proof from the material testing laboratories that the material testing laboratories have been paid in full by the Developer before the City will accept the Improvements. 16. Notices All notices required or permitted under this Agreement may be given to a party by hand- delivery or by mail, addressed to suchparty at the address stated below. Any notice so given shall be deemed to have been received when deposited in the United States mail so addressed with postage prepaid: CITY: Development Coordination Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 With copies to: City Attorney's Office City of Fort Worth 200 Texas Street City of Fort Worth, Texas Page 7 of 17 StandardCommunity Facilities Agreement Rev.10/5/19 [NPC] Fort Worth, Texas 76102 and City Manager's Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 DEVELOPER: CRP/CHI DOWNING OWNER, L.P 3819 Maple Avenue Dallas, Texas 75219 Attn: William G. Mundinger, III With a copy to: Winstead PC 500 Winstead Building 2728 N. Harwood Street Dallas, Texas 75201 Attn: Greg A. Zimmerman, Esq. Or to such other address one party may hereafter designate by notice in writing addressed and mailed or delivered to the other party hereto. 17. Right to Audit Developer agrees that, until the expiration of three (3) years after acceptance by the City of the Improvements constructed pursuant to this Agreement, that the City shall have access to and the right to examine any directly pertinent books, documents, papers and records of the Developer involving transactions relating to this Agreement. Developer agrees that the City shall have access during normal working hours to all necessary Developer facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions ofthis section. The City shall give Developer reasonable advance notice of intended audits. Developer further agrees to include in all contracts with Developer's contractors for the Improvements a provision to the effect that the contractor agrees that the City shall, until the expiration of three (3) years after final payment under the contract, have access to and the right to examine any directly pertinent books, documents, papers and records of such contractor, involving transactions to the contract, and further, that City shall have access during normal working hours to all of the contractor's facilities, and shall be provided adequate and appropriate wark space in order to conduct audits in compliance with the provisions of this section. City shall give Developer's contractors reasonable advance notice of intended audits. City of Fort Worth, Texas Page 8 of 17 StandardCommunity Facilities Agreement Rev.10/5/19 [NPC] 18. Independent Contractor It is expressly understood and agreed that Developer and its employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers shall operate as independent contractors as to all rights and privileges and wark performed under this Agreement, and not as agents, representatives or employees of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Developer shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer acknowledges that the doctrine of respondeat supe�^ior shall not apply as between the City and its officers, representatives, agents, servants and employees, and Developer and its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Developer. It is further understood that the City shall in no way be considered a co-employer or a joint employer of Developer or any employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers of Developer. Neither Developer, nor any officers, agents, servants, employees or subcontractors of Developer shall be entitled to any employment benefits from the City. Developer shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. The City, through its authorized representatives and employees, shall have the sole and exclusive right to exercise jurisdiction and control over City employees. 19. Applicable Law; Venue This Agreement shall be construed under and in accordance with Texas law. Venue shall be in the state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 20. Non-Waive r The failure of the City to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely on any such term or right on any future occasion. 21. Governmental Powers and Immunities. It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities. 22. Headings The paragraph headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. City of Fort Worth, Texas Page 9 of 17 StandardCommunity Facilities Agreement Rev.10/5/19 [NPC] 23. Severability In the event that any clause or provision of this Agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clanse or provision shall not affect any of the remaining provisions hereof. 24. Review of Counsel City and Developer, and if they so choose, their attorneys, have had the opportunity to review and comment on this document; therefore any rule of contract construction or interpretation that would normally call for the document to be interpreted as against the drafting party shall not apply in interpretation of this Agreement, and each section, portion, and provision of this Agreement shall be construed solely on the basis of the language contained therein, regardless of who authored such language. 25. Prohibition on Boycotting Israel Developer acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company with 10 or more full-time employees that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The term "boycott Israel" bas the meaning ascribed to it by Section 808.001 of the Texas Government Code. The term "company" has the meaning ascribed to it by Section 2270.001 of the Texas Government Code. To the extent that Chapter 2270 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides writtenverification to the City that Developer: (1) does not boycott Israel; and (2) will not boycott Israel during the term of this Agreement. 26. Immigration and Nationality Act Developer shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Developer shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Developer shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Developer employee who is not legally eligible to perform such services. DEVELOPER SHALL INDEMNIF'Y CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILTIIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY DEVELOPEI� DEVELOPER'SEMPLOYEES, SUBCONTRACTORS,AGENTS, ORLICENSEES. City, uponwritten notice to Developer, shall have the right to immediately terminate this Agreement for violations of this provision by Developer. City of Fort Worth, Texas Page 10 of 17 StandardCommunity Facilities Agreement Rev.10/5/19 [NPC] 27. Amendment No amendment, modification, or alteration of the terms of this Agreement shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by the City and Developer. 28. Assignment and Successors Developer shall not assign or subcontract all or any part of its rights, privileges, or duties under tl� Agreement without the prior written consent of City. Any attempted assignment or subcontract without the City's prior written approval shall be void and constitute a breach of this Agreement. 29. No Third-Party Beneficiaries The provisions and conditions of this Agreement are solely for the benefit of the City and Developer, and any lawful assign or successor of Developer, and are not intended to create any rights, contractual or otherwise, to any other person or entity. 30. Compliance with Laws, Ordinances, Rules and Regulations Developer, its officers, agents, servants, employees, and contractors, shall abide by and comply with all laws, federal, state and local, including all ordinances, rules and regulations of City. It is agreed and understood that, if City calls to the attention of Developer any such violation on the part of Developer or any of its officers, agents, servants, employees, or subcontractors, then Developer shall immediately desist from and correct such violation. 31. Signature Authority The person signing this Agreement on behalf of Developer warrants that he or she has the legal authority to execute this Agreement on behalf of the Developer, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The City is fully entitled to rely on this warranty and representation in entering into this Agreement. 32. Counterparts This Agreement may be executed in multiple counterparts, each of which will be deemed an origmal, but which together will constitute one mstrument. 33. Fntire Agreement This written instrument, together with any attachments, exhibits, and appendices, constitutes the entire understanding between the City and Developer concerning the wark to be performed hereunder, and any prior or contemporaneous, oral or written agreement that purports to vary from the terms hereof shall City of Fort Worth, Texas Page ll of 17 StandardCommunity Facilities Agreement Rev.10/5/19 [NPC] be void. [REMAINDER OF PAGE INTENTIONALLY BLANK] City of Fort Worth, Texas Page 12 of 17 StandardCommunity Facilities Agreement Rev.10/5/19 [NPC] Project Name: Downing Drive Industrial CFA No.: CFA21-0039 Items A. Water and Sewer Construction 1. Water Construction 2. Sewer Construction Water and Sewer Construction Total B. TPW Construction 1. Street 2. Storm Drain 3. Street Lights Installed by Developer 4. Signals TPW Construction Cost Total Total Construction Cost (excluding the fees): Estimated Construction Fees: C. Construction Inspection Service Fee D. Administrative Material Testing Service Fee E. WaterTesting Lab Fee Total Estimated Construction Fees: Financial Guarantee Options, choose one Bond = 100% Completion Agreement = 100% / Holds Plat Cash Escrow Water/Sanitary Sewer= 125% Cash Escrow Paving/Storm Drain = 125% Letter of Credit = 125% 34. Cost Summary Sheet City Project No.: 103290 Developer's Cost $ 38,260.00 $ 3,200.00 $ 41,460.00 $ 111,595.00 $ 52,650.00 $ - $ 164,245.00 $ 205,705.00 $31,250.00 $1,617.00 $150.00 $ 33,017.00 Choice Amount 205,705.00 205,705.00 51, 825.00 205,306.25 257.131.25 x City of Fort Worth, Texas Page 13 of 17 StandardCommunity Facilities Agreement Rev.10/5/19 [NPC] IN WITNE.SS WHEREOF, the City and Developer have each executed this Agreement by their duly authorized signatories to be effective on the date executed by the City's Assistant City Manager. CITY OF FORT WORTH ��� 3�24i��� Dana Burghdoff (Jun 11, 20 1333 CDT Dana Burghdoff Assistant City Manager Date: � u n 11, 2021 Recommended by: rl1/� �'lr� Evelyn Robei s(Jun 9, 202110:14 CDT) Evelyn Roberts/Jennifer Ezernack Project Assistant Planning and Development Approved as to Fo�n & Legality.• �� Rlchard A. Mdracken (Jun lQ 202113:49 CDT) Richard A. McCracken Sr. Assistant �ity Attorney M&C No. �A Date: Form 1295: _ ATTEST: ��` � G'�` ,d4��on� ,oA'� FORT ��� p �pp000000 N�A ��� o ��0.1 l�° �o�� Pvo °_� o d �p�o o*� d� � o � � °°00000�° � �� �EX ASaaa Mary J. Kayser/ Ronald Gonzales City Secretary / Assistant City Secretary City of Fort Worth, Texas StandardCommunity Facilities Agreement Rev.10/5/19 [NPC] �FFICIAL RECORD CITY SECRETARY FT. WORTH, TX DEVELOPER: CRP/CHI DOWNING OWNER, L.P., a Delaware limited partnership By: CRP/CHI Downing GP, L.L.C., a Delaware limited liability company, its general partner By: CRP/CHI Downing Venture, L.L.C., A Delaware limited liability company, its sole member By: CHI North Texas 108 Downing, L.P., a Delaware partnership, its administrative member By: CHI Development GP, L.L.C., a Delaware lnnited liability company, its general partner Yv'iGG �t�cuc�Ji�e� B`J: WillMund'inger(Jun9,7 109:49CDT) > William G. Mund'mger, III Vice President Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, mcluding ensuring all performance and reporting requirements . Tqvrie s�A�1e�'t� Morqles Janle Scarlett Morales (Jun 1Q 202113:13 CDT) Name: Janie Scarlett Morales Title: Development Manager City of Fort Worth, Texas StandardCommunity Facilities Agreement Rev.10/5/19 [NPC] �FFICIAL RECORD CITY SECRETARY FT. WORTH, TX The following attachments are incorporated into this Agreement. To the extent a conflict exists between the main body of this Agreement and the following attachments, the language in the main body of this Agreement shall be controlling. Included Attachment � Attachment 1- Changes to Standard Community Facilities Agreement ❑ Attachment 2— Phased CFA Provisions ❑ Attachment 3— Concurrent CFA Provisions ❑X Location Map ❑ Exhibit A: Water Improvements ❑ Exhibit A-1: Sewer Improvements � Exhibit B: Paving Improvements ❑ Exhibit B-1: Storm Drain Improvements � Exhibit C: Street Lights and Signs Improvements � Cost Estimates (Remainder of Page Intentionally Left Blank) City of Fort Worth, Texas Page 16 of 17 StandardCommunity Facilities Agreement Rev.10/5/19 [NPC] ATTACHMINT "1" Changes to Standard Community Facilities Agreement City Project No. 103290 None City of Fort Worth, Texas Page 17 of 17 StandardCommunity Facilities Agreement Rev.10/5/19 [NPC] ao a� a3 DAP SIp PROPOSAL Psye I o[3 SECT1dN 00 42 43 Oeveloper Awarded Prajects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Itees Iaformetioa Biddels Proposai Bidlist Itcm Specificarioa Uoit of Bid No. ���pUOn Section No. Measure Quantity Unit Price Bid Vatue UNIT I: WATER IMPROVEMENTS 1 0241.151a Salvage Fire HydrBnt 02 41 14 EA 2 $55U.00 $1,100.00 2 3305.0111 Va1ve BoxAdjustment 33 05 14 EA 4 $280.00 $1,120.00 3 3311.Oifi1 6" PVC Water Pipe 33 i 1 12 LF 12 $20.00 a240.00 4 33i2.2203 2" Water 5ervice 33 72 10 EA 4 $2,75D.00 $11,000.00 5 3312.30U2 6" Gate Valve 33 12 20 EA 2 $1,000.40 $2,000.00 fi 3312.0117 Connection to Ex. 12" Water Main 33 12 25 EA 2 $7,500.00 $15,OOQ.00 7 3312.0001 Fire H drant 33 12 4Q EA 2 3 900.00 7 800.00 TOTAL UNIT 1: WATER IMPRQVEMENTS $38,2fi0.00 CRY QF FORT WORTH STANDARD CONSTRULTION 5PECSF[CAT'ION DOCITMENI'S - D�LOPFR AWARLED P0.0lECCS Fmm Vcaion Mry 22, 2019 00 42 43 Bid Aoposal DAP 00 42 41 DAP - Bm PROP0.SAL Pa�e 2 of 5 secnoN oo as as developer Awarded Projects - PRpPQSAL FORM UNIT PRICE BID Bidder's Application Projet[ Item infoimadou Biddets Proposal Sidlist [tem Specification Uoit of Bid No. Destriptiou $echon PIo. Measure Quantity U�t Price Bid Value UNIT 11: SANITARY SEWER IMPROVEMENTS 1 0241.2001 Sanitary Line Grouting 02 41 i4 CY 1 $8D0.00 $800.00 2 3305.1003 20" Casing By Open Cut 33 p5 22 LF 16 150.00 $2 400.06 TOTAL UNIT II: SANlTARY S�IfYER IMPRONEMENTS $3,200.00 CITY OF FORT WORTH STMl�ARD CONS'i'RUCTI6N SPFCffICATtON DOC[7MENT5 b6VEtOPER AWpRpE� PROJECfS Potm Vcraion Mry 22, 2019 00 4d 43 Bid Proposal DAP 0o aa es DAP-BIDPROPOSAL Pa�e 3 of 3 secnoN oo az as Develaper Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Pro}at toea, Inrnrmaaon a�aaer's ecoposa� 9idlis� [tem SpeciScatioa Unit of 8id No. Description Sactioa No. M�asure (���p�y Uait Price Bid Value UN1T IV: PAVING IMPROVEMENTS 1 a241.7300 Remove Concrete Curb and Gutter 02 49 15 LF 874 $7.50 $6,555.00 2 3213.0301 4" Concrete Sidewafk 32 13 20 SY 1110 $50.00 $55,500.00 3 3213.0402 7" Concrete Driveway 32 13 20 SF 5B50 $5.50 $32,175.00 4 3213.0506 Berrier Free Ramp, Type P-1 32 13 20 EA 12 $230.00 $2,760.00 5 3z16.0101 6" Concrete Curb and Gutter 32 16 13 LF 348 $15.00 $5,220.00 6 3291.0100 Topsoil 32 91 19 CY 229 $35.00 $8,015.00 7 3292.0400 Seedin , Hydromulch 32 92 13 SY 685 $2.D0 1 370.00 TOTAL UNIT IV: PAVING IMPROVEMEN7S $171,595.00 CITYOFFORT WOR'fH STANDARD CONSTRUCTION SPEC�ICATfON DOC[1MENT5 �EVEfAPER pWARpED PROlEClS Foim Vmion Mry 22, 2019 0042 43 Bid Anposal_DAP 00/2 q3 DAP - Hlp pROPOSAL PeQe 4 of S sEcnoN ao az aa Developer Awarded Projects - PROPOSAL FORM UNIT PRiCE BID Bidder's Application Pro�ect Ium Infarmatiun Hiddars Propvsal Sidlist Item Specificatioa Unit of Bid No. �npbO° Section No. Measure Qusntity Unit Price Bid Value UNIT V: STREET LIGH7ING IMPROVEMENTS 1 3441.1405 NO 2 Insulated Elec Condr 34 41 10 LF 6648 $3.00 $19,944.00 2 3444.1501 Ground 6ox Type B 34 41 10 EA 7 $700.00 $4,900.00 3 3441.1772 Fumishllnstall 240-480 Volt Single Phase � 41 20 EA 1 $6,500.00 $6,500.00 Transocket Metered Pedestal 4 Rdwy 111um Assm6ly TY 18, 18A, 19, and D-4D 34 14 20 EA 11 $2,350.00 $25,850.00 5 R Iflum Foundation TY 3, 5, 6, and 8 34 41 20 F11 11 1 400.00 15 400.00 TOTAL UNIT V: � LI G IMPROVEMEN $52,650.00 C(fY OF FDRT WORTH STANDARD CON57RUCT[pN SpECQ�'ICATION DOCUMENTS - UEVELOPER AWAR�FD PROlF.CTS Forta Yusion May ]7, 2019 0042 43 Sid Pmpo�a! DAP 00 42 43 UAP-BIDPROAOSAL P+�e 3 oi S sEcnoN oa az aa Develaper Arvarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project tum Informatian Bidder's Proposal B=�� I� Descti hon 5peciStatiou Unit of 8id No. p SxNon No. Measure �u�h�y Unit Pria Bid Value Bld 5ummary UNIT I: WA7�R IMPROVEMENTS UNIT !1: SANITARY SEWER IMPROVEMENTS UNIT IV: PAYING IMPROVEMEN7S UN1T V: S7REET IIGMTING IMPROVEMENTS TotaF CoastrucHoo This Bid is aubmitted by the entity named below: BIDDER: RIdgemont Commescial Coastracdon lSZQ W Walout HiLL Lane Irving, Te�as 7i038 ContrActor agrees to complete WORK for FINAI. ACCEPTANCE wlthin CONTRACT commences to run aa pror[ded in the Geaeral Coaditloas. BY: Kevla MezQer iZ �� 'fITLE: D' etor af Relail & utomorive/Priuclpal bATE: 9/2D21 END dF SECT[ON CffY QF FORT WORTH STN4DARO CONSTRUCTION SPECffICAT10N DpC[7MEN1'S - DE VELOYER AWAADED PROl8CT5 Form Vcrtion May 22, 2019 180 worldng dsya after the date when tLe 705.Oa 00 42 43 Bid Praposa!_OAp $38,260.pp $3 200.00 111,595.00 $52,650.00 LOCATION MAP MAPSCO NO. 49T (p. 1049) CITY PROJECT NO. 103290 o �000� z000� GRAPHIC SCALE - 1 "=1000' N ■■ DOWNING DRIVE INDUSTRIAL OWNED/DEVELOPED BY: ��� HALFF FORTWORTH,TEXAS CROW HOLDINGS INDUSTRIAL CONTACL BRAD COOPER 3819 MAPLE AVENUE 4000 FOSSIL CREEK BLVD F°RTW°RT",TE""S'6,3'-2'2° DATE: 04/26/2021 AVO: 38747 oA��As' TX �5z,9 TEL(817)8474a22 TEC (214) 661-5094 TBPEFIRM#F-312 EMAIL: BCOOPER@CHINDUSTRIAL.COM EXHIBIT A.01 - WATER IMPROVEMENTS — — - - OHE - - - - - - OHE ; PRIVATE 10" . WATER LINE : i- - - - - - - - - - - �- - - X a � Y � Q a > Y K a � LEGEND: PROPOSED WATER EXISTING WATER 0 200' 400' GRAPHIC SCALB - 7 "=200' -,�� _ - F - - OHE PRNATE 10" _. . , .. — OHE — WATER LINE ,— � �WTR —�8'-'-oJTR---� �°°" P�a BUILDING 1 292,5�6 SF N O d � W F � W W � W Z J _ U Q � � � o.o uriury EnsEMENr I ... d. �— I.. � �i. � = -- EXISTING 12" I WATER LINE �` DOWNWG DRNE , .. . g, N ■■ DOWNING DRIVE INDUSTRIAL OWNED/DEVELOPED BY: ��� HALFF FORTWORTH,TEXAS CROW HOLDINGS INDUSTRIAL CONTACL BRAD COOPER 3819 MAPLE AVENUE 4000 FOSSIL CREEK BLVD F°RTW°RT",TE""S'6,3'-2'2° DATE: 04/26/2021 AVO: 38747 oA��As' TX �5z,9 TEL(817)8474a22 TEC (214) 661-5094 TBPEFIRM#F-312 EMAIL: BCOOPER@CHINDUSTRIAL.COM EXHIBIT A.02 - WATER IMPROVEMENTS E,�... .. {E — — � �— � � � — al � W Q w w � w z _ — U Q � PRIVATE 3" WATER SERVI �� ' — — _ - s g ! DOWNING DRIVE � � o saq _ _ — HE — — — PRIVATE 10" — �HE - WATER LINE � — — � — 0"—WTR — - �q � `a, � c`� I � �� BUILDING 2 . !� � � 248.814 SF ;"WI I � � � PRIVATE 10" _ - '-` �� WATER LINE � ,,id�� _ J� �� � �' � EXISTING 12" I��I�� � ,a.ounurvensemervr WATER LINE �— _ LEGEND PROPOSED WATER EXISTING WATER 0 200' 400' GRAPHIC SCALB - 7 "=200' � o ���� , � �; il aPA.rc.r. � . (r N ■■ DOWNING DRIVE INDUSTRIAL OWNED/DEVELOPED BY: ��� HALFF FORTWORTH,TEXAS CROW HOLDINGS INDUSTRIAL CONTACL BRAD COOPER 3819 MAPLE AVENUE 4000 FOSSIL CREEK BLVD F°RTW°RT",TE""S'6,3'-2'2° DATE: 04/26/2021 AVO: 38747 oA��As' TX �5z,9 TEL(817)8474a22 TEC (214) 661-5094 TBPEFIRM#F-312 EMAIL: BCOOPER@CHINDUSTRIAL.COM EXHIBIT A1 - SEWER IMPROVEMENTS �� _ �� � _ I I j I I � }9' lN�-- ��J:.� —'^.�+i� — , . _ , --- � _ _ —�.'T-NTf� 1C'WVFF�— � __ II BUILDING 2 �� � 248.814 SF I z Il�i I PRNATE � ! PROPOSED 8" SEWER I I � ��--_ PROPOSED I I I I ,00OT1'T'E"sE 20"STEEL MENT� ENCASEMENT � � =��T_— c - — ON EXISTING a — _ g _ � � DOWNING DRNE _ PUBLIC A��� SAN ITARY — x �— —�— SEWER LEGEND: PROPOSED SEWER EXISTING SEWER 0 200' 400' GRAPHIC SCALB - 7 "=200' N ■■ DOWNING DRIVE INDUSTRIAL OWNED/DEVELOPED BY: ��� HALFF FORTWORTH,TEXAS CROW HOLDINGS INDUSTRIAL CONTACL BRAD COOPER 3819 MAPLE AVENUE 4000 FOSSIL CREEK BLVD F°RTW°RT",TE""S'6,3'-2'2° DATE: 04/26/2021 AVO: 38747 oA��As' TX �5z,9 TEL(817)8474a22 TEC (214) 661-5094 TBPEFIRM#F-312 EMAIL: BCOOPER@CHINDUSTRIAL.COM EXHIBIT B.01 - PAVING IMPROVEMENTS — — OHE — — OHE — � I I I — — X i � -- -- - - - -- =�I � =� � . ,.. .. _ . y a � Y � Q a > Y K a � OHE — ���,� �.��,E OHE °a"' ...HE � OHE — — OHE — — — — OHE�a;;p�,o��� OHE r T f- � aLLq �, . �oo� � poa �.�,� � � � BUILDMG 1 O 292,5� 6 SF m w� o.rtr�.-. � I Z �i � a ia w w � w z � �. � a � n I_ P-1 RAMPS - 6' SIDEWALK ii I �_ � ;z.. -- - - �- x .��. - � - - - ., — DOWNINO DRNE �o g, - � � .. LEGEND: PROPOSED SIDEWALK � PROPOSED DRIVEWAY PROPOSED CURB AND GUTTER XXX REMOVAL 0 200' 400' GRAPHIC SCALE - 1 "=200' EXHIBIT B.02 - PAVING IMPROVEMENTS E �r� oa� OHE HE " oA���_ OHE — i= _ _ ( i O - m � w a-Ri-_r. ... Z > Q a w w cn w , z- J _ - U � � I i 6' SIDEWALK _ � — — _ _ ... n — � LEGEND: PROPOSED SIDEWALK PROPOSED DRIVEWAY PROPOSED CURB AND GUTTER REMOVAL 0 200' 400' GRAPHIC SCALE - 1 "=200' - OHE OHE — � ppr —a OHE �.� - — — — — — — �� �`,� BUILDING 2 � ¢ 248,814 SF � � W � _ a 0 � � _ ,ilij j � I �; P-1 RAMPS � 6' SIDEWALK �� o�� ���I � � DOWNINGDRIVE � --- 6�°� 11 r� I N ■■ DOWNING DRIVE INDUSTRIAL OWNED/DEVELOPED BY: ��� HALFF FORTWORTH,TEXAS CROW HOLDINGS INDUSTRIAL CONTACL BRAD COOPER 3819 MAPLE AVENUE 4000 FOSSIL CREEK BLVD F°RTW°RT",TE""S'6,3'-2'2° D TE: 03/�f$ff2fl4/26/2021 AVO: 38747 oA��As' TX �5z,9 TEL(817)8474a22 TEC (214) 661-5094 TBPEFIRM#F-312 EMAIL: BCOOPER@CHINDUSTRIAL.COM EXHIBIT C1.01 — STREET LIGHT IMPROVEMENTS - - X '�� s,aEEr I� r � aEE � P�ASEME,ERPEOEs.a� Fo��o,,,oN � Fo��oA.�o� �, — � � �o��oA.�o� RE�o �Ro��oaox � � o tioaox � — — — �Ro��oao. � DOWNING DRIVE — �. _.. � - � • . y a � Y � Q a > Y K a � LEGEND: �: PRaPoseo ucHr Po�e m PROPOSED GROUND BOX PROPOSED CONDUIT � EXISTING LIGHT POLE � PROPOSED METER PEDESTAL 0 200' 400' GRAPHIC SCALE - I "=200' N O U F 2 I� J I � W W I � F i � W W � W I z J _ U F a � N ■■ DOWNING DRIVE INDUSTRIAL OWNED/DEVELOPED BY: ��� HALFF FORTWORTH,TEXAS CROW HOLDINGS INDUSTRIAL CONTACL BRAD COOPER 3819 MAPLE AVENUE 4000 FOSSIL CREEK BLVD F°RTW°RT",TE""S'6,3'-2'2° DATE: 04/26/2021 AVO: 38747 oA��As' TX �5z,9 TEL(817)8474a22 TEC (214) 661-5094 TBPEFIRM#F-312 EMAIL: BCOOPER@CHINDUSTRIAL.COM OHE — — — — OHE — OHE — — — — — OHE — E — — — -- C�HF OHE °a'`. ..,HE OHE — � Pa.�. e OHE EXHIBIT C1.02 - STREET LIGHT IMPROVEMENTS E .�, ry R;o;� 000°:�AE� riE oa,<, 0 U F 2 � J F W W � F � W W � W Z 2 U a � �_ OHE - OHE mo�:-N" s90 OHE OHE — � ppr ° OHE — � �. — �� ��IIIIIII � �I I� �, � I I�.. II iill I � s,REE,��Mo",�'oa;oNl i i i i i I I i i ,- E Fo�NOA,�oN � — — — � s,REE,��Mb",�'oa;oN � I I I I I I , ,��MNaREa — —�— �--o-�� ��Ro��oeox� � caooNoe DOWNING DRIVE — caouNoeox 1L = ,W.,� � 6 N� • — • �\\ _ ��. �, LEGEND: q; PROPosEo ucHT Po�E a PROPOSED GROUND BOX PROPOSED CONDUIT � EXISTING LIGHT POLE � PROPOSED METER PEDESTAL 0 200' 400' GRAPHIC SCALB - 7 "=200' o s i i aPRr�, � � �-;_- - ��1 i �j� i, � ,`', il� I i ;' I1 � i� � I I i ���� � N ■■ DOWNING DRIVE INDUSTRIAL OWNED/DEVELOPED BY: ��� HALFF FORTWORTH,TEXAS CROW HOLDINGS INDUSTRIAL CONTACL BRAD COOPER 3819 MAPLE AVENUE 4000 FOSSIL CREEK BLVD F°RTW°RT",TE""S'6,3'-2'2° DATE: 04/26/2021 AVO: 38747 oA��As' TX �5z,9 TEL(817)8474a22 TEC (214) 661-5094 TBPEFIRM#F-312 EMAIL: BCOOPER@CHINDUSTRIAL.COM