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HomeMy WebLinkAboutContract 56234 Received Date: 08/30/2021 Received Time: 3:09 PM Developer and Project Information Cover Sheet: Developer Company Name: Skyline Prairie Homes, LP Address, State,Zip Code: 2121 N. Pearl St., Ste 300 Dallas,Texas 75201 Phone &Email: (832) 444-9382, DLSAOialaHoldings.com Authorized Signatory, Title: Clay D. Likover, President of the GP Project Name: North Cowtown Crossing -Paving &Drainage Brief Description: Water, Sewer Project Location: 20/171 acres at 8600 Harmon Rd. Plat Case Number: Not Provided Plat Name: North Cowtown Crossing Mapsco: Not Provided Council District: 2 CFA Number: CFA21-0041 City Project Number: 1031961 IPRC21-0021 OFFICIAL RECORD City of Fort Worth,Texas CITY SECRETARY Standard Community Facilities Agreement FT.WORTH,TX Rev.2/21 City Contract Number: 56234 STANDARD COMMUNITY FACILITIES AGREEMENT This COMMUNITY FACILITIES AGREEMENT ("Agreement") is made and entered into by and between the City of Fort Worth ("City"), a home-rule municipal corporation of the State of Texas, acting by and through its duly authorized Assistant City Manager, and Skyline Prairie Homes, LP ("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 North Cowtown Crossing Paving&Drainage ("Project");and WHEREAS, the City desires to ensure that all developments are adequately served by public infrastructure and that the public infrastructure is constructed according to City standards; and WHEREAS, as a condition of approval of the Project, Developer is required to bear a portion of the costs of municipal infrastructure by constructing the public infrastructure necessary for the Project as described in this Agreement("Community Facilities"or"Improvements"); and WHEREAS,as a condition of approval of the Project,Developer is required to meet the additional obligations contained in this Agreement, and Developer may be required to make dedications of land,pay fees or construction costs, or meet other obligations that are not a part of this Agreement.; and WHEREAS,the City 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"),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. OFFICIAL RECORD City of Fort Worth,Texas CITY SECRETARY Standard Community Facilities Agreement FT.WORTH,TX Rev.2/21 2. Incorporation of Engineering Plans The engineering plans for the Improvements that have been approved by the City ("Engineering Plans")are incorporated into this Agreement by reference as if fully set out herein. Developer shall provide at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to construct the Improvements required by this Agreement. 3. Description of Improvements; Exhibits and Attachments The following exhibits describe the general location, nature and extent of the Improvements that are the subject of this Agreement and are attached hereto and incorporated herein by reference: 0 Exhibit A: Water ❑ Exhibit A-1: Sewer 0 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 cause the construction of the Improvements contemplated by this Agreement and that said construction shall be completed in a good and workmanlike manner and in accordance with all City standards and specifications, the Engineering Plans, the Cost Estimates provided for the Improvements,and this Agreement. Developer acknowledges that City will not accept the Improvements until the City receives affidavits and lien releases signed by Developer's contractors verifying that the contractors, and all subcontractors and material suppliers, have been paid in full for constructing the Improvements, and consent of the surety on payment and performance bonds provided for the Improvements. 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. City of Fort Worth,Texas Page 3 of 16 Standard Community Facilities Agreement Rev.2/21 6. Completion Deadline; Extension Periods This Agreement shall be effective on the date this Agreement is executed by the City's Assistant City Manager ("Effective Date"). Developer shall complete construction of the Improvements and obtain the City's acceptance of the Improvements within two (2) years of the Effective Date ("Term"). If construction of the Improvements has started during the Term, the Developer may request that this Agreement be extended for an additional period of time ("Extension Period"). All Extension Periods shall be agreed to in writing by the City and the Developer as set forth in a written amendment to this Agreement. In no event shall the Term of this Agreement plus any Extension Periods be for more than three years. 7. Failure to Construct the Improvements (a) The City may utilize the Developer's Financial Guarantee to cause the completion of the construction of the Improvements if at the end of the Term, and any Extension Periods, the Improvements have not been completed and accepted by the City. (b) The City may utilize the Developer's Financial Guarantee to cause the completion of the construction of the Improvements or to cause the payment of costs for construction of the Improvements before the expiration of the Term, and any Extension Period, if the Developer breaches this Agreement,becomes insolvent, or fails to pay costs of construction. (c) If the Financial Guarantee is a Completion Agreement and the Developer's contractors or suppliers are not paid for construction costs or materials supplied for the Improvements the contractors and suppliers may place a lien upon any property which the City does not have an ownership interest that is the subject of the Completion Agreement. (d) Nothing contained herein is intended to limit the Developer's obligations under the CFA Ordinance, this Agreement, the Financial Guarantee, Developer's agreements with Developer's contractors, or other related agreements. 8. Termination If Developer desires to terminate this Agreement before Developer's contractors begin constructing the Improvements, Developer agrees to the following: (a) that Developer and City must execute a termination of this Agreement in writing; (b) that Developer will vacate any final plats that have been filed with the county where the Project is located; and (c) to pay to the City all costs incurred by the City in connection with this Agreement, including time spent by the City's inspectors at preconstruction meetings. 9. Award of Construction Contracts City of Fort Worth,Texas Page 4 of 16 Standard Community Facilities Agreement Rev.2/21 (a) Developer will award all contracts for the construction of the Improvements and cause the Improvements to be constructed in accordance with the CFA Ordinance. (b) Developer will employ construction contractors who meet the requirements of the City to construct the Improvements including,but not limited,to being prequalified,insured,licensed and bonded to construct the Improvements in the City. (c) Developer will require Developer's contractors to provide the City with payment and performance bonds naming the City and the Developer as dual obligees, in the amount of one hundred percent (100%) of the cost of the Improvements as required by the CFA Ordinance. The payment and performance bonds shall guarantee construction of the Improvements and payment of all subcontractors and material suppliers. Developer agrees to require Developer's contractors to provide the City with a maintenance bond naming the City as an obligee, in the amount of one hundred percent (100%) of the cost of the Improvements, that guarantees correction of defects in materials and workmanship for the Improvements by the contractor and surety for a period of two (2) years after completion and final acceptance of the Improvements by the City. All bonds must be provided to the City before construction begins and must meet the requirements of the City's Standard Conditions, Chapter 2253 of the Texas Government Code,and the Texas Insurance Code. (d) Developer will require Developer's contractors to provide the City with insurance equal to or in excess of the amounts required by the City's standard specifications and contract documents for developer-awarded infrastructure construction contracts. The City must be named as an additional insured on all insurance policies. The Developer must provide the City with a Certificate of Insurance (ACORD or form approved by the State of Texas), supplied by each contractor's insurance provider,which shall be made a part of the Project Manual. (e) Developer will require the Developer's contractors to give forty-eight (48) hours' advance notice of their intent to commence construction of the Improvements to the City's Construction Services Division so that City inspection personnel will be available. Developer will require Developer's contractors to allow construction of the Improvements to be subject to inspection at any and all times by the City's inspectors. Developer will require Developer's contractors to not install or relocate any sanitary sewer, storm drain, or water pipe unless a City inspector is present and gives consent to proceed, and to allow such laboratory tests as may be required by the City. (f) Developer will not allow Developer's contractors to begin construction of the Improvements until a notice to proceed to construction is issued by the City. (g) Developer will not allow Developer's contractors to connect buildings to service lines of sewer and water mains constructed pursuant to this Agreement, if any, until said sewer, water mains and service lines have been completed to the satisfaction of the City. 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. City of Fort Worth,Texas Page 5 of 16 Standard Community Facilities Agreement Rev.2/21 11. Easements and Rights-of-Way Developer agrees to provide,at its expense, all necessary rights-of-way and easements required for the construction and dedication to the City of the Improvements provided for by this Agreement. 12. Liability and Indemnification (a) DEVELOPER HEREBY RELEASES AND AGREES TO INDEMNIFY, DEFEND AND HOLD THE CITY HARMLESS FOR ANY INADEQUACIES IN THE PRELIMINARY PLANS, SPECIFICATIONS, ENGINEERING PLANS, AND COST ESTIMATES SUPPLIED BY THE DEVELOPER FOR THIS AGREEMENT. (b) THE DEVELOPER COVENANTS AND AGREES TO,AND BY THESE PRESENTS DOES HEREBY FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS,AGENTS AND EMPLOYEES FROMALL SUITS,ACTIONS OR CLAIMS OF ANY CHARACTER, WHETHER REAL OR ASSERTED,BROUGHT FOR OR ONACCOUNT OF AN Y INJURIES OR DAMAGES SUSTAINED BYANYPERSONS,INCL UDING DEATH, OR TO ANY PROPERTY, RESULTING FROM OR IN CONNECTION WITH THE CONSTRUCTION, DESIGN,PERFORMANCE OR COMPLETION OFANY WORK TO BE PERFORMED BY SAID DEVELOPER, ITS CONTRACTORS, SUBCONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, OR IN CONSEQ UENCE OF ANY FAIL URE TO PROPERLY SAFEGUARD THE WORK, OR ONACCOUNT OFANYACT, INTENTIONAL OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID DEVELOPER, ITS CONTRACTORS,SUB CONTRACTORS, OFFICERS,AGENTS OR EMPLOYEES,EXCEPT TO THE EXTENT THAT SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE OR IN PART, BY THE GROSS NEGLIGENCE (BUT NOT ORDINARY NEGLIGENCE), BAD FAITH OR WILLFUL MISCONDUCT OF THE CITY OF FORT WORTH,ITS OFFICERS, SERVANTS, OR EMPLOYEES: (c) DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, SUITS OR CAUSES OF ACTION OF ANY NATURE WHATSOEVER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ON ACCOUNT OF ANY INJURIES OR DAMAGES TO PERSONS OR PROPERTY, INCLUDING DEATH,RESULTING FROM, OR INANY WAY CONNECTED WITH, THE CONSTRUCTION OF THE IMPROVEMENTS CONTEMPLATED HEREIN, WHETHER OR NOT SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS, SERVANTS, OR EMPLOYEES. FURTHER, DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES SUFFERED BY THE CITY OR CAUSED AS A RESULT OF SAID CONTRACTORS' FAILURE TO COMPLETE THE WORK AND CONSTRUCT THE IMPROVEMENTS IN A GOOD AND WORKMANLIKE MANNER, FREE FROM DEFECTS,IN CONFORMANCE WITH THE CFA ORDINANCE, AND INACCORDANCE WITH ALL PLANS AND SPECIFICATIONS: 13. Right to Enforce Contracts City of Fort Worth,Texas Page 6 of 16 Standard Community Facilities Agreement Rev.2/21 Upon completion of all work associated with the construction of the Improvements,Developer will assign to the City a non-exclusive right to enforce the contracts entered into by Developer with its contractors,along with an assignment of all warranties given by the contractors,whether express or implied. 14. Estimated Fees Paid by Developer; Reconciliation Prior to execution of this Agreement, Developer has paid to the City the estimated cost of administrative material testing service fees, construction inspection service fees,and water testing lab fees in the amounts set forth in the Cost Summary section of this Agreement. Upon completion of the construction of the Improvements, the City will reconcile the actual cost of administrative material testing service fees, construction inspection service fees, and water testing lab fees with the estimated fees paid by Developer. If the actual costs of the fees are more than the estimated payments made by the Developer, the Developer must pay the difference to the City before the Improvements will be accepted by the City. If the actual costs of the fees are less than the estimated payments made by the Developer,the City will refund the difference to the Developer. If the difference between the actual costs and the estimated payments made by the Developer is less than fifty dollars ($50.00),the City will not issue a refund and the Developer will not be responsible for paying the difference. The financial guarantee will not be released by the City or returned to the Developer until reconciliation has been completed by the City and any fees owed to the City have been paid by the Developer. 15. Material Testing The City maintains a list of pre-approved material testing laboratories. The Developer must contract with material testing laboratories on the City's list. Material testing laboratories will provide copies of all test results directly to the City and the Developer. If the Improvements being constructed fail a test, the Developer must correct or replace the Improvements until the Improvements pass all retests. The Developer must pay the material testing laboratories directly for all material testing and retesting. The City will obtainproof 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 parry by hand- delivery or by mail, addressed to such party at the address stated below. Any notice so given shall be deemed to have been received when deposited in the United States mail so addressed with postage prepaid: CITY: DEVELOPER: Development Coordination Office Skyline Prairie Homes, LP City of Fort Worth 2121 N. Pearl St. 200 Texas Street Suite 300 Fort Worth, Texas 76102 Dallas, Texas 75201 With copies to: City of Fort Worth,Texas Page 7 of 16 Standard Community Facilities Agreement Rev.2/21 City Attorney's Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 and City Manager's Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 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 of this section. The City shall give Developer reasonable advance notice of intended audits. Developer further agrees to include in all contracts with Developer's contractors for the Improvements a provision to the effect that the contractor agrees that the City shall,until the expiration of three (3)years after final payment under the contract,have access to and the right to examine any directly pertinent books, documents, papers and records of such contractor, involving transactions to the contract, and further,that City shall have access during normal working hours to all of the contractor's facilities,and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Developer's contractors reasonable advance notice of intended audits. 18. Independent Contractor It is expressly understood and agreed that Developer and its employees, representative, agents, servants,officers,contractors, subcontractors,and volunteers shall operate as independent contractors as to all rights and privileges and work performed under this Agreement, and not as agents, representatives or employees of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Developer shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer acknowledges that the doctrine of respondeat superior shall not apply as between the City and its officers, representatives, agents, servants and employees, and Developer and its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer further agrees that nothing herein shall be construed as the City of Fort Worth,Texas Page 8 of 16 Standard Community Facilities Agreement Rev.2/21 creation of a partnership or joint enterprise between City and Developer. It is further understood that the City shall in no way be considered a co-employer or a joint employer of Developer or any employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers of Developer. Neither Developer,nor any officers, agents, servants, employees or subcontractors of Developer shall be entitled to any employment benefits from the City. Developer shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. The City, through its authorized representatives and employees, shall have the sole and exclusive right to exercise jurisdiction and control over City employees. 19. Applicable Law; Venue This Agreement shall be construed under and in accordance with Texas law. Venue shall be in the state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 20. Non-Waiver The failure of the City to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely on any such term or right on any future occasion. 21. Governmental Powers and Immunities. It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities. 22. Headings The paragraph headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. 23. Severability In the event that any clause or provision of this Agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not affect any of the remaining provisions hereof. 24. Review of Counsel City and Developer, and if they so choose, their attorneys, have had the opportunity to review and comment on this document;therefore any rule of contract construction or interpretation that would City of Fort Worth,Texas Page 9 of 16 Standard Community Facilities Agreement Rev.2/21 normally call for the document to be interpreted as against the drafting party shall not apply in interpretation of this Agreement, and each section, portion, and provision of this Agreement shall be construed solely on the basis of the language contained therein, regardless of who authored such language. 25. Prohibition on Boycotting Israel Developer acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company with 10 or more full-time employees that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company"has the meaning ascribed to those terms by Chapter 2271 of the Texas Government Code. To the extent that Chapter 2271 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not boycott Israel; and(2) will not boycott Israel during the term of this Agreement. 26. 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 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Developer shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Developer employee who is not legally eligible to perform such services.DEVELOPER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY DEVELOPER, DEVELOPER'S EMPLOYEES,SUBCONTRACTORS,AGENTS,OR LICENSEES. City,upon written notice to Developer, shall have the right to immediately terminate this Agreement for violations of this provision by Developer. 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 this Agreement without the prior written consent of City, it being understood, however, that Developer may engage contractors and subcontractors to perform the actual work contemplated by this Agreement. 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 City of Fort Worth,Texas Page 10 of 16 Standard Community Facilities Agreement Rev.2/21 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 original, but which together will constitute one instrument. 33. Entire Agreement This written instrument, together with any attachments, exhibits, and appendices, constitutes the entire understanding between the City and Developer concerning the work to be performed hereunder,and any prior or contemporaneous, oral or written agreement that purports to vary from the terms hereof shall be void. [REMAINDER OF PAGE INTENTIONALLY BLANK] City of Fort Worth,Texas Page 11 of 16 Standard Community Facilities Agreement Rev.2/21 34. Cost Summary Sheet Project Name: North Cowtown Crossing -Paving &Drainage CFA No.: CFA21-0041 City Project No.: 103196 1PRC No.: IPRC21-0021 Items Developer's Cost A. Water and Sewer Construction 1. Water Construction $ 157,425.00 2. Sewer Construction $ 164,685.00 Water and Sewer Construction Total $ 322,110.00 B. TPW Construction 1. Street $ - 2. Storm Drain $ - 3. Street Lights Installed by Developer $ - 4. Signals $ - TPW Construction Cost Total $ - Total Construction Cost(excluding the fees): $ 322,110.00 Estimated Construction Fees: C. Construction Inspection Service Fee $15,750.00 D. Administrative Material Testing Service Fee $1,617.00 E. Water Testing Lab Fee $300.00 Total Estimated Construction Fees: $ 17,667.00 Choice Financial Guarantee Options,choose one Amount Mark one Bond= 100% $ 322,110.00 Completion Agreement= 100%/Holds Plat $ 322,110.00 Cash Escrow Water/Sanitary Sewer= 125% $ 402,637.50 Cash Escrow Paving/Storm Drain = 125% $ - Letter of Credit= 125% $ 402,637.50 X City of Fort Worth,Texas Page 12 of 16 Standard Community Facilities Agreement Rev.2/21 IN WITNESS WHEREOF,the City and Developer have each executed this Agreement by their duly authorized signatories to be effective on the date executed by the City's Assistant City Manager. CITY OF FORT WORTH DEVELOPER Skyline Prairie Homes, LP b i-BteAGuJa>� Dana Burgndott( ig 30,20 15:04 CDT) By: Ojala Skyline Prairie Homes GP, LLC, Dana Burghdoff its General Partner Assistant City Manager Clay D.L' ver(Aug 30,2021 11:46 CDT) Date: Aug 30,2021 Clay D. Likover, President Recommended by: Date: Aug 30,2021 Ljl-�L allgef Evelyn Ro erts(Aug 30,202112:36 CDT) Evelyn Roberts/Jennifer Ezemack Project Assistant Planning and Development Approved as to Form&Legality: Ric�A.McCracken(Aug 30,202112:53 CDT) Richard A. McCracken Contract Compliance Manager: Sr. Assistant City Attorney M&C No. By signing, I acknowledge that I am the person Date: responsible for the monitoring and administration of this contract, including Form 1295: ensuring all performance and reporting requirements. ATTEST: Ronald P.Gonzales(Aug 30,2 15:1 ) Janie Scarlett Morales Ronald P. Gonzales �-`t Foar 4� Development Manager Acting City Secretary �aadv~ °0o �,pg0 o Zd 00 04 aa�a0 nEX oo54 XY OFFICIAL RECORD City of Fort Worth,Texas CITY SECRETARY Standard Community Facilities Agreement FT.WORTH,TX Rev.2/21 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 0 Attachment 1 - Changes to Standard Community Facilities Agreement ❑ Attachment 2—Phased CFA Provisions ❑ Attachment 3 — Concurrent CFA Provisions 0 Location Map 0 Exhibit A: Water Improvements ❑ Exhibit A-1: Sewer Improvements 0 Exhibit B: Paving Improvements ❑ Exhibit B-1: Storm Drain Improvements ❑ Exhibit C: Street Lights and Signs Improvements 0 Cost Estimates (Remainder of Page Intentionally Left Blank) City of Fort Worth,Texas Page 14 of 16 Standard Community Facilities Agreement Rev.2/21 ATTACHMENT"I" Changes to Standard Community Facilities Agreement City Project No. 103196 None City of Fort Worth,Texas Page 15 of 16 Standard Community Facilities Agreement Rev.2/21 City of Fort Worth,Texas Page 16 of 16 Standard Community Facilities Agreement Rev.2/21 00 42 43 DAP-BID PROPOSAL Pagel of3 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UHT 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 I:WATER IMPROVEMENTS 1 3292.0201 Utility Service Surface Restoration Seeding 3292 13 SY 450 - -- -- - --- — $2.00 $900.00 2 3305.0003 8"Waterline Lowering_ 33 0512 EA 2 $9,500.00 $19,000.00 3 3305.0109 Trench Safety 33 05 10 LF 375 $1.00 $375.00 4 3311.0001 Ductile Iron Water Fittings w/Restraint 3311 11 TON 2 $5,000.00 $10,000.00 5 3311.0241 8"Water Pipe 3311 10,33 LF 170 $110.00 $18 700.00 6 3311.0251 8"DIP Water 3311 10 LF 52 $170.00 $8,840.00 7 3311.0441 12"Water Pipe 3311 10,33 LF 152 $100.00 $15,200.00 8 3312.0001 Fire Hydrant 33 12 40 EA 2 $5,000.00 $10,000.00 9 3312.2203 2"Water Service 33 12 10 EA 2 $3,500.00 $7,000.00 10 3312.2803 6"Water Meter and Vault 33 12 11 EA 1 $30,000.00 $30,000.00 11 3312.3002 6"Gate Valve 33 12 20 EA 2 $1,150.00 $2,300.00 12 3312.3003 8"Gate Valve 33 12 20 EA 2 $1,500.00 $3,000.00 13 3312.3005 12"Gate Valve 33 12 20 EA 2 $2,500.00 $5,000.00 14 3312.3103 8"Cut-in Gate Valve 33 12 20 EA 1 $8,000.00 $8,000.00 15 3312.4107 12"x 8"Tapping Sleeve&Valve 33 12 25 EA 2 $7,555.00 $15,110.00 16 13471.0001 Traffic Control 13471 13 MO 1 $4,000.00 $4,000.00 TOTAL UNIT I:WATER IMPROVEMENTS1 $157,425.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Form Version May 22,2019 Bid Proposal-Water Sewer 00 42 43 DAP-BID PROPOSAL Page 2 of 3 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UM u PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification Unit of Bid No. Description Section No. I Measure Quantity Unit Price Bid Value UNIT II:SANITARY SEWER IMPROVEMENTS 1 3201.0614 Conc Pvmt Repair, Residential 3201 29 SY 323 $180.00 $58,140.00 2 3292.0201 Utility Service Surface Restoration Seeding 32 92 13 SY 290 $7.00 $2,030.00 3 3301.0002 Post-CCTV Inspection 3301 31 LF 415 $4.00 $1,660.00 4 3301.0101 Manhole Vacuum Testing 33 01 30 EA 5 $226.00 $1,130.00 5 3305.0109 Trench Safety 33 05 10 LF 415 $1.00 $415.00 6 3305.0112 Concrete Collar 33 05 17 EA 3 $200.00 $600.00 7 3305.0113 Trench Water Stops 33 05 15 EA 1 $1,600.00 $1,600.00 8 3305.0203 Imported Embedment/Backfill,CLSM 33 05 10 CY 20 $125.00 $2,500.00 9 3331.3311 4"Sewer Service,Reconnection 3331 50 EA 3 $2,400.00 $7,200.00 10 3331.4115 8"Sewer Pipe 3311 10,33 LF 150 $90.00 $13,500.00 11 3331.4115 8"Pressure Sewer Pipe 33 31 20 LF 118 $85.00 $10,030.00 12 3331.4116 8"Sewer Pipe,CSS Backfill 3311 10,33 LF 30 $240.00 $7,200.00 13 3331.4208 12"Sewer Pipe 3311 10,33 LF 117 $150.00 $17,550.00 14 3339.0001 Epoxy Manhole Liner 33 39 60 VF 10 $345.00 $3,450.00 15 3339.0003 Wastewater Access Chamber 33 39 40 EA 1 $3,500.00 $3,500.00 16 3339.1001 4'Manhole 33 39 10,33 EA 4 $5,920.00 $23,680.00 17 3339.1002 4'Drop Manhole 33 39 10,33 EA 1 $7,500.00 $7,500.00 18 3471.0001 Traffic Control 13471 13 M0 1 $3,000.00 $3,000.00 TOTAL UNIT II:SANITARY SEWER IMPROVEMENTS $164,685.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Form Version May 22,2019 Bid Proposal-Water Sewer 00 42 43 DAP-BID PROPOSAL Page 3 of 3 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UM u PRICE BID Bidder's Application Project Item Information Bidders Proposal Bidlist Item Specification Unit of Bid No Description Section No. Measure Quantity Unit Price Bid Value Bid Summary UNIT I:WATER IMPROVEMENTS $157,425.00 UNIT II:SANITARY SEWER IMPROVEMENTS $164,685.00 Total Construction Bid $322,110.00 This Bid is submitted by the entity named below: BIDDER: BY:Troy L.Jackson Jackson Construction,Ltd. 5112 Sun Valley Drive Fort Worth,Texas 76119 TITLE: President DATE: July 12,2021 Contractor agrees to complete WORK for FINAL ACCEPTANCE within 50 working days after the date when the CONTRACT commences to run as provided in the General Conditions. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Forth Version May 22,2019 Bid Proposal-Water Sewer 0 250 500 1000 N NE W ® E UME DEER LA IASATERADMIONFKI-SEQ4 O.O.E.Na s966 1 inch = 500 ft. FLE N0.W-1255 ATER PROJECT NO.P192-OOMS2151510 WER PROJECT NO.P172-M72131510 N01*Cowt,="Cvmft X-19314 Lot 2.Sk 3 WIND DANCER TRAR. PMOJECf SI?E wHIrEFEAn�RwE ----- ll11 - M #, IT I TI T �1 IT rEcoWTRAR _ — TTT PARRTRUST I -1 PARRn LANE WEST FORK RANCH96 PARR71CUBi WEST FORK RANCH85 I_ D.O.E.a 23 �' I '� WEST FM RANCH GA O.OE No,7251 WATER PROJECT N0.P295-60215026 FLE NO,W-2424 FILE N0.X-22742 - SEWER PROJECT N0.P27 5-70 21 3021k WATER PROJECT N0.BMI-0500430-100472-001580 WATER PROJECT N0.P295-902150233983 CITY PROJECT N0.026M SEVER PROJECT NO.SHM-0700430-100472-001390 SEWER PROJECT N0.P275-702130233883 X-23175 / CITY PROJECT N0.10D472 CITY PROJECT NO-023M.AHORN LANE X-23781 I I I I I 7 TOFOSA DRNE - CHIFW LANE I r I I PARR TRUST wESTFORKRANCH - - HOISTMWAY PHAMM O.O.E.N0.74U FLE N0.W-74W WATER PROJECT NQ P285-902150298253 SEWER PROJECT N0.P275-70 21 3028 8 28 3 CITY PROJECT NO.0240.7 X-23175 ty� PARRTRUST WESTFORKRANCH PHASEMI DARa0NA DRNE 0.0.E N0.7338 FILE N0.W-2340 /j- WATER PROJECT N0.P265-802150240383 `8 SEVER PROJECT N0.P275-702130240383 CITY PROJECT N0.02403 'Fy,+ X-22857 SENEFOI.WAY PARR TRUST WESTFORKRANCH PHASE 2A D.O.E.N0.68" FILE N0.W-2227 RED WRANG(O WATER PROJECT N0.P285-602150121283 7RNL SEWER PROJECT N0.P275-702130191283 CITY PROJECT N0.01212 X-21895 _ MAN ACNE OWNER I T-I I l4 NTP35, LP 500 Throckmorton Street YPLACE Suite 900 PROJECT5ITE Fort Worth, Texas 76102 Telephone: (817) 236-6100 I Contact: Steve McKeever CANCHWISTIW VICINITY MAP DEVELOPER City Project No. 103196 Skyline Prairie Homes, LP NORTH COWTOWN CROSSING 2121 North Pearl Street IVSPIARS (LOT 2, BLOCK 3) Suite 300 Dallas, Texas 75201 ENGINEERING&SURVEYING MAPSCO NO. 20N Telephone: (214) 865-7926 ,.�E`N "��"TGUMNaF000100075~:� CITY COUNCIL DISTRICT NO. 2 Contact: Daniel Smith Growing:G\2020 JOBS\20-164 The Standard at Harmon Fbmes\AOMIN—ENGINEERNG\CFA and Spec Books\Water Sewer\CFA\W SS CFAawg Sawa By: rbomett Save Tme:6/21/2021 1:6Fa41e PWy: tbamett Plot Date: 6/25/2021 2:14 Pm 0 250 500 1000 N = LITRE DEER LANE 3 W ® E LASATERADDITIONPH.r-SM4 1 inch = 500 ft. aaE.Na 3966 SNMH=705.79 ALE Na W12W ATER PROJECT Na P162-060162151510 TIER PROJECT N0.P172-M72131510 North Ca1V2.S Cro999g X-19314 Let 2.Blk 3 WIND DAN=W WATER LEGEND I �� I Ex Water lne 8"W-1 V,W 8 Prop.Water Nan LI I I I I I I m® )WMH=695.52 12N W 2 4a W J:7TITIT 3 la — f OLD PECOS 71UU1 I I I m PARRTRUST I 11 PARk — WEST FORK WwCH96O.O PARRTRUBt WEST FORK KANCH0 — FILE No,E. 7�66 QQ O.O.E.N0.7281 FV.E N0.v-2l93 WESTFORKRANCH9A FILE N0.X-22742 _ ACT N0.P255-60215026 FIE N0.W-2424 WATER PROJECT N0.P265-60215027368J SEVER PROJECT N0.P27 5-70 21 302& WATER PROJECT N0.59901-0900430-100472-001580 SEVER PROJECT N0.P275-7021 50 233WT CITY PROJECT N0.02M SEVEN PROJECT N0.59607-0700430-100472-001360 CITY PROJECT NSO 00-V LANE / X-23175It x / / CITY PROJECT N0.100472 Qq X-23781 I I I I I A �� TOPOSA DRIVE — Ti CHFM LANE I r I a� I I / PARR TRUST WESTFORKRANCH — - HOISTEWWAY PHASESA O.O.E.NO,7466 FILE N0.W-74N WATER PROJECT N0.P265-002150268263 SEVER PROJECT NO,P275-70 21 3026 6 28 3 CITY PROJECT N0.02403 X-2J175 I I t I lit PARKYN ST WEST FIM IKANCH PHASE4A SARZONA DRNE O.O.E.N0.7338 FILE Na W-2340 ,y WATER PROJECT N0.P265-602150240J6J `8 SEVER PROJECT N0.P275-702130240J63 tY CITY PROJECT NO,024W X-22657 SMWM WAY PARR TRUST WESTFMRANCH PHASE?A D.O.E.N0.68" FILE Na W-2227 RED DRA S" WATER PROJECT NO,P285-602150121283 71GUL SEVEN PROJECT N0.P275-702130191283 CITY PROJECT N0.01212 II X-21895 _ ILOHAH LANE OWNER I I I T NTP35, LP — I 500 Throckmorton Street — GELMYPLACE E-6 W Suite 900 Fort Worth, Texas 76102 Telephone: (817) 236-6100 Contact: Steve McKeever E-B"W CANCM STREET City Project No. 103196 NORTH COWTOWN CROSSING Skyline Prai e0 HEmes, LP (LOT 2, BLOCK 3) 2121 North Pearl Street IVSPIARS Suite 300 EXHIBIT A Dallas, Texas 75201 ENGINEERING&SURVEYING Telephone: (214) 865-7926 'MC P-d,SMIu100 . MmTX751M . 9MA2UX" WATER IMPROVEMENTS Contact: Daniel Smith TONENe F2121 • TOASNaFMU100 • N1N MWIV21114a Drawing:G\2020 JOBS\20-164 The Standard at Harmon Fbmes\A➢MIN-ENGINEERNG\CFA and Spec Books\Water Sewer\CFA\W SS CFAawg Sawa By: rbomett Save Tme:6/21/2021 1:0 1e&Wy: tbamett Plot Date: 6/25/2021 2:15 PM LITTLE PEEK LANE 0 250 500 1000 LASATERADDtt1ON PH.1-SEC.4 N O.O.E.NQ 39H FILE Na W-1255 WATER PROJECT N0.P162-0601621 ma2-070172131510 SEWER PROJECT NO.P1 7 Wow X-19314 "°t''„ ;°"'"° 1 inch = 500ft. W E _ wwooANcoETRAa. , ~ WASTEWATER LEGEND S Ex Sanitary Sew xnatE FEfilNffll LANE �J'S-1 Prop.SanitarySuer Main 11 1 T I T I TT n IT I T `" - - - - - < T�i PARRikUST gDP�EWS7KAIL � - PARKT1amT LMlE NIESTFM RANCH SaoD.O PARRTRUSf WEB,FP0MRANCHft FILE Na 7486RANCH SA O.O.E.Na 7281 PROJECT N0. 265-O I WEST FORKNO,W-2424 FIE NO.X-22742 _ WATER PROJECT Na P26S-8021502E FILE NO,W-2424 WATER PROJECT N0.P285-602150233893 ��PROJECT NO.P275-702130261 WATER PROECT Na 59601-0600430-100472-001580 ar PROECT N0.02808 SEWER PROJECT NO,59607-0700430-100472-001380 SEWER PROJECT JE P275-702130233883 s X-27175 / CITY PROJECT 100472 CITY PROJECT NCI 159 / \` /// X-23761 61 K-2DRAFIOROKN LANE TOPOSAPME ITFMI - - - CHIFORD LANE ,, � I I 1 PARR TRUST WES'MIMRANCH HOLSII W WAY_ PH � O.D.O.E.NO.74E.Na 74e6 FILE NO,W-7466 WATER PROJECT NO P285-802150268283 SEWER PROJECT Na P27S-702130288287 CITY PROJECT Na 02403 x-23175 PARR TRUST NIESTF=KANCH PHASE4A SARMNA MWE O.O.E.NO.7336 FILE Na W-2346 WATER PROJECT NQ P265-602150240383 `8 I SEWER PROECT N0.P275-70 21 302 4 0 7 83 CITY PROJECT N0.02403 X-22657 SEN81M WAY 1J PARRT IM WEST FORK RANCH Fie d22i RED DRANf>w8 WATER PROJECTNO,P265-SM1 501 91 28 3 VAL SEWER PROJECT Na P275-702130121283 II CITY PROJECT NO,01012 X-21895 iLOHAN I LANE nr I I GELMYFLACE OWNER _ it 6.5-3 NTP35, LP —( 500 Throckmorton Street I I I I I I Suite 900 CANCWSTREE1`- Fort Worth, Texas 76102 (� MW N�FORxRA►uai = Telephone: (817) 236-6100 I� PHASEMP Contact: Steve McKeever MOM N0.W24 ME NQ W-2186 UU City Project No. 103196 NORTH COWTOWN CROSSING Skyline Prai e0 HEmes, LP (LOT 2, BLOCK 3) 2121 North Pearl Street IVSPIARS Suite 300 EXHIBIT A-1 Dallas, Texas 75201 ENGINEERING TX75M -SURVEYING SANITARY SEWER IMPROVEMENTS Telephone:tt:(Daniel$65-7926 Smith 765 avar RWJ,5ub100 ar10.T%FiOF 972A22.007f TONENe F2121 • TOIPSNa M0043100 • IYNI VWIVfYN[CIt1 Drawing:G\2020 JOBS\20-164 The Standard at Harmon Fbmes\A➢MIN-ENGINEEERNG\CFA and Spec Books\Water Sewer\CFA\W SS CFAawg S—d By: rbomett Save Tme:6/21/2021 1:0 1e&Wy: tbamett Plot Date: 6/25/2021 2:16 PM