HomeMy WebLinkAboutContract 56235 Received Date: 08/30/2021
Received Time:3:15 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, Paving, Street Lights
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: CFA21-0051 City Project Number: 1032841 IPRC21-0032
OFFICIAL RECORD
CITY SECRETARY
City of Fort Worth,Texas
Standard Community Facilities Agreement FT.WORTH,TX
Rev.2/21
City Contract Number: 56235
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 SECRETARY
City of Fort Worth,Texas
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
0 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.
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Standard Community Facilities Agreement
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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
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Standard Community Facilities Agreement
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(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 15
Standard Community Facilities Agreement
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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
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Standard Community Facilities Agreement
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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 15
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 parry 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 15
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 15
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 15
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 15
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34.
Cost Summary Sheet
Project Name: North Cowtown Crossing -Paving &Drainage
CFA No.: CFA21-00521 City Project No.: 103284 IPRC No.: IPRC21-0032
Items Developer's Cost
A. Water and Sewer Construction
1. Water Construction $ 13,300.00
2. Sewer Construction $ -
Water and Sever Construction Total $ 13,300.00
B. TPW Construction
1. Street $ 598,464.20
2. Storm Drain $ -
3. Street Lights Installed by Developer $ 66,174.00
4. Signals $ -
TPW Construction Cost Total $ 664,638.20
Total Construction Cost(excluding the fees): $ 677,938.20
Estimated Construction Fees:
C. Construction Inspection Service Fee $15,750.00
D. Administrative Material Testing Service Fee $2,352.00
E. Water Testing Lab Fee $0.00
Total Estimated Construction Fees: $ 18,102.00
Choice
Rnancial Guarantee Options,choose one Amount Mark one
Bond = 100% $ 677,938.20
Completion Agreement= 100%/Holds Plat $ 677,938.20
Cash Escrow Water/Sanitary Sewer= 125% $ 16,625.00
Cash Escrow Paving/Storm Drain= 125% $ 830,797.75
Letter of Credit= 125% $ 847,422.75 X
City of Fort Worth,Texas Page 12 of 15
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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
Dana Burg hdoff(Aug30,20 15:09 CDT By: Ojala Skyline Prairie Homes GP, LLC,
Dana Burghdoff its General Partner
Assistant City Manager
Clay II over(Aug3a,2021 a6'S7 PDT)
Date: Aug 30,2021 Clay D. Likover, President
Recommended by: Date: Aug 30,2021
Evelyn Roberts
Evelyn Roberts(Aug 30,202111:09 CDT]
Evelyn Roberts/Jennifer Ezemack
Project Assistant
Planning and Development
Approved as to Form&Legality:
Richard A.McCracken(Aug 30,2021 12:52 CDT)
Richard A. McCracken Contract Compliance Manager:
Sr. Assistant City�1ltorney
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: N/A ensuring all performance and reporting
requirements.
4,d444annIl
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Ronald P.Gonzales(Aug 30,202115:15 CDT) 10,*o°°° Janie Scarlett Morales
Ronald P. Gonzales aaa�nli, Development Manager
Acting City Secretary
OFFICIAL RECORD
CITY SECRETARY
City of Fort Worth,Texas
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
0 Exhibit C: Street Lights and Signs Improvements
0 Cost Estimates
(Remainder of Page Intentionally Left Blank)
City of Fort Worth,Texas Page 14 of 15
Standard Community Facilities Agreement
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ATTACHMENT"I"
Changes to Standard Community Facilities Agreement
City Project No. 103284
None
City of Fort Worth,Texas Page 15 of 15
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00 42 43
DAP-BID PROPOSAL
Page]of 4
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Ap pHcation
Project Item Information Bidder's Proposal
Bidlist Item Description Specification Unit of Bid Unit Price Bid Value
No. Section No. Measure Quantity
UNIT I:WATER IMPROVEMENTS
1 3305.0102 Cathodic Protection Test Station Adjustment 33 05 14 EA 1 $2,800.00 $2,800.00
2 3305.0114 Manhole Adjustment,Major w/Cover _3405114 EA 1 $4,000.00 $4,000.00
3 3312.1003 Vent Piping and Vent for Ex Air Release 33 12 30 EA 1
$6,500.00 $6,500.00
TOTAL UNIT I:WATER IMPROVEMENTS $13,300.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version May 22,2019 Bid Proposal-Horseman Road
00 42 43
DAP-BID PROPOSAL
Page 2 or4
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PMCE SM 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 II: PAVING IMPROVEMENTS
1 0241.1000 Remove Conc Pvmt 0241 15 SY 607 $25.00 $15,175.00
2 3211.0400 Hydrated Lime 32 11 29 TN 105 $205.00 $21,525.00
3 3211.0501 6"Lime Treatment 3211 29 SY 293 $14.00 $4,102.00
4 3211.0502 8"Lime Treatment 321129 SY 5858 $7.50 $43,935.00
5 3213.0101 6"Conc Pvmt 32 13 13 SY 81 $84.00 $6,804.00
6 3213.0102 7"Conc Pvmt 32 13 13 SY 265 $85.00 $22,525.00
7 3213.0103 8"Conc Pvmt 32 13 13 SY 5495 $67.00 $368,165.00
8 3213.0301 4"Conc Sidewalk 32 13 20 SF 7149 $7.00 $50,043.00
9 3213.0501 Barrier Free Ramp,Type R-1 32 13 20 EA 1 $4,400.00 $4,400.00
10 3213.0504 Barrier Free Ramp,Type M-2 32 13 20 EA 1 $2,500.00 $2,500.00
11 3213.0506 Barrier Free Ramp,Type P-1 32 13 20 EA _ 7 $1,850.00_ $12,950.00
12 3217.0001 4"SLD Pvmt Marking HAS(W) 32 17 23 LF 113 $1.30_ $146.90
13 3217.0002 4"SLD Pvmt Marking HAS(Y) 32 17 23 LF 1457 $1.30 _ $1,894.10
14 3217.0501 24"SLD Pvmt Marking HAE(W) 32 17 23 LF 128 $17.00 $2,176.00
15 3217.1002 Lane Legend Arrow 32 17 23 EA 1 $250.00 $250.00
16 3217.1004 Lane Legend Only 32 17 23 EA 1 $300.00 $300.00
17 3217.2102 REFL Raise Marker TY 1-C 32 17 23 EA 6 $5.00 $30.00
18 3217.2103 REFL Raise Marker TY II-A-A 32 17 23 EA 52 $5.00 $260.00
19 3217.4301 Remove 4"Pvmt Marking 32 17 23 LF 322 $2.50 $805.00
20 3291.0100 Topsoil 3291 19 ! SY 3339 $5.00 $16,695.00
21 3292.01.00 Block Sod Placement 32 92 13 SY 643 $6.00 $3,858.00
22 3292.0400 Seeding, Hydromulch 32 92 13 SY 3339 $1.80 $6,010.20
23 3441.4003 Furnish/Install Alum Sign Ground Mount 3441 30 EA 6 $450.00 $2,700.00
24 3441.4004 Furnish/Install Alum Sign Ex.Pole Mount 34 41 30 EA _ 1 $90.00 $90.00
25 3441.4109 Remove Sign Panel 354130 EA 5 $125.00 $625.00
26 3471.0001 Traffic Control 13471 13 MO 4 $2,625.001 $10,500.00
TOTAL UNIT II: PAVING IMPROVEMENTS $598,464.20
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Fomi Version May 22,2019 Bid Proposal-Horseman Road
00 42 43
DAP-BID PROPOSAL
Page 3 of 4
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNH u PRICE [AID Bodder°s AppHcation
Project Item Information Bidders Proposal
Bidlist Item Specification Unit of Bid
No. Description Section No. Measure Quantity Unit Price Bid Value
UNIT III:STREET LIGHTING IMPROVEMENTS
1 2605.3118 Furnish/Install Conduit-Schedule 80 PVC 2 26 05 33 LF 1118 $27.00 $30,186.00
_ 2 3441.1408 NO 6 Insulated Elec Condr 3441 10 LF 1118 $1.00 $1,118.00
3 3441.1501 Ground Box Type B 3441 10 EA 7 $1,000.00 $7,000.00
4 3441.1638 Install Type 33 B Arm 3441 20 EA 6 $400.00 $2,400.00
5 3441.3301 Rdwy Ilium Foundation TY 1,2,and 4 34 41 20 EA 6 $1,350.00 $8,100.00
3441.3050 Furnish/Install LED Lighting Fixture(70 watt
6 ATBO Cobra Head) 3441
20 EA 6 $395.00 $2,370.00
7 3441.3351 Furnish/Install Rdway Ilium TY 11 Pole 34 41 20 EA 6 $2,500.00 $15,000.00
TOTAL UNIT III:STREET LIGHTING IMPROVEMENTS $66,174.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version May 22,2019 Bid Proposal-Horseman Road
004243
DAP-BID PROPOSAL
Page 4 of 4
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Applicatoon
Project Item Information Bidder's Proposal
Bidlist Item Specification Unit of Bid
No. Description Section No. Measure Quantity Unit Price Bid Value
Bid Summary
UNIT I:WATER IMPROVEMENTS $13,300.00
UNIT II: PAVING IMPROVEMENTS $598,464.20
UNIT III:STREET LIGHTING IMPROVEMENTS $66,174.00
Total Construction Bid $677,938.20
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
Form Version May 22,2019 Bid Proposal-Horseman Road
I _
— 0 150 300 600 N
LASATER ADDMON PH.1-SEC.s W ® E
D.O.E.Na 3676 Z
FILE ND.W-1213 —I 1 inch = 300 ft.
WATER PROJECT NO.P161-060161152070
m SEWER PRMCT NO.P1 71-0701 7113 21 20
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OPTRTCT
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LASATER ADDITION PH.1-SEC.4
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WATER PROJECT No.P162-WM62151510 C
SEWER PROJECT ND.P172-070171131510 0�t
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— I -WI Lot 2.BIk 3
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SEWER PROECT TK-23ZO. 30z33663
TYPROECO3
I 11 A
I � BRAHORNLANE
I
OWNER
NTP35, LP
j — — 500 Throckmorton Street
Suite 900
1 1 Fort Worth, Texas 76102
L— — — —GIIIFORDLANE \ Telephone: (817) 236-6100
� I I T�I T \ Contact: Steve McKeever
VICINITY MAP DEVELOPER
City Project No. 103284 Skyline Prairie Homes, LP
NORTH COWTOWN CROSSING 2121 North Pearl Street
IVSPIARS Suite 300
PAVING & DRAINAGE - HORSEMAN ROAD Dallas, Texas 75201
ENGINEERING&SURVEYING MAPSCO NO. 20N Telephone: (214) 865-7926
7BPENo�F-21121a- TT01P5Na F10W3100'•'st ww.0 CITY COUNCIL DISTRICT NO. 2 Contact: Daniel Smith
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� 3 a
0 100 200 400 N
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1 inch = 200 ft.
CRESTED 15UM DRIVE � S
North Cowr~Crossing
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Doc.No.0216219=2
OPTRTCT
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I'
0
w I
m
LITTLE DEER LANE — — —� I Bdetilmg 4&'Water Una Vault
to tV I.011l
=705.79
L.ASATER ADDITION PH.1-SEC.4
0.0E No.3988
FILE NO.W-1255
WATER PROJECT NO.P182-OSM62151510
SEWER PROJECT NO,P172-070172131510
X-19314
Noah Cowtown Crossing
o� Let 2.BIk 3
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f �
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Ex Uer line
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� � I- .-,.....,9'63.5\2�06.26`TW=7i8.54'i8.61717.80I7.60i6.73�i4.60'i0.9C
46 W
46'W 48'W
-----------
TBM 11
Fm OLD PECOS TRAIL
PARRTKUST OWNER
ANGEIN LANE - WEST FORK RANCHED NTP35, LP
FlLE Ha-72=1 500 Throckmorton Street
PFORTRANCUST SE TER RoOJECTNO.POJECT NO, 275-702130260088663 _ Suite 900
WEST FORK RANCH 8B
O.O.E.N0.7MI CITY PROJECT N0.02808
FILE No.x-22742 x-23175 Fort Worth, Texas 76102
WATER PROJECT Na P2115-eMI5112="'II SEWER PROJECT N Telephone: 817 236-6100
NO.P275-7021302 MM P
att PROJECT NO.02= - Contact: Steve McKeever
K-2327
CityProject No. 103284 DEVELOPER
� NORTH COWTOWN CROSSING Skyline Prairie Homes, LP
PAVING & DRAINAGE - HORSEMAN ROAD 2121 North Pearl Street
IVSPIARS Suite 300
EXHIBIT A Dallas, Texas 75201
ENGINEERING&SURVEYING Telephone: (214) 865-7926
1P�.Kw "*T10o • Nwulw5Q1F . w'.e n WATER IMPROVEMENTS Contact: Daniel Smith
10R NO F2121 7WW5 Na FIOCR3IW wwwapknrl6tem
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_I 0 100 200 400 N
1 1 1 inch = 200 ft.
S
- —CRESTED BUTTE DRNE- -
North Lavtawn Crossing
Let 1.81k 3
2W 5-115 Prop
— Concrete Pavement
RmesklaerePNTfW LP
Doc.No.0216282322
_ — OPTRTCT
_ TWO HAWKS DRNE_ — I
® 4" Topsoil and Seed/Sod
W 6' Wide Conc, Sidewalk
N _ ® 6" Conc, Paving
J� I I—
LITTLEDEEKLANE _ 7" Conc, Paving
I
8" Conc, Paving
LASATER ADDITION PH.1-SEC.4
O.OE No.3988 Q A D A Ramp
FILE Na W-1255
WATER PROJECT NO.P182-OSM62151510
SEWER PROJECT NO.P172-070172131510
X-19314
North Cowr~Crossing
F o� Let 2.BIk 3
WIND DANCER TRAIL M
-FTI I I I I 57 D-6 Prop
Concrete Pavement
i 29'D-B Prop
L Concnate PavemerrC
-WHITE FEATHER LANE
�I
------------------
_ _ I I`TBM 11
I I � OLD PELOS TRAIL
I
PARRTKUST OWNER
ANGEIN LANE — - WEST FORK RANCH90 NTP35, LP
ALE Ha-2393 500 Throckmorton Street
PARR TRUSTSE TER RoOJECTNO,POJECT NO, 275-702130260088883 Suite 900
WEST FORK RANCH 8B
O.O.E.N0. 2 I CITY PROJECT N0.02808
FlLE No.x-22742 x-23175 Fort Worth, Texas 76102
WATER PROJECT NO.P265-SM150233M3 Telephone: 817 236-6100
SEWER PROJECT NO.P275-702130233883 P
att PROJECT Na 02330 Contact: Steve McKeever
K-2327
CityProject No. 103284 DEVELOPER
� NORTH COWTOWN CROSSING Skyline Prairie Homes, LP
PAVING & DRAINAGE - HORSEMAN ROAD 2121 North Pearl Street
IVSPIARS Suite 300
EXHIBIT B Dallas, Texas 75201
ENGINEERING&SURVEYING Telephone: (214) 865-7926
MSCM Wo-49.k.10c - MmT275M - 9n,4UW" PAVING IMPROVEMENTS Contact: Daniel Smith
TOPENe F-2121 - TOWSNm F-10043100 - —pWrswg an
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_I 0 100 200 400 N
W ® E
1 inch = 200 ft.
— —CRESTED 15U1TE DRIVE
North Lowtawn Crossing
-FTTLet 1,81k 3
Street&✓to Road Closed Sign
Sion on End of Road 6anicads
STREET LIGHT#6
N 7008906.85
E 2327127.69 RmnsWw oP NTP35•LP
I Doc.No.0216292322
OPTRTCT
STREET LIGHT/5
�TWO HAWKS DRIVE_ — — I N 7008654.25
- E 2327131.DB
0
w
of -
I I �
I
LITTLE DEER LANE — —�
- ' I STREET LIGHT/4
N 7008404.27
E 2327134.44
LASATER ADDITION PH.1-SEC.4
0.0E No.3988
FWE NO.W-1255 I STREET LIGHT#3
WATER PROJECT NO.P182-OSM62151510 N 7008212.79
SEWER PROJECT NO.P172-070172131510 E 2327137.02
X-19314
North Cowr~Crossing
o� Let 2,61k 3
NAND DANCER TRAIL
771 I I � I I STREET LIGHT/2
N 7008012.80
I + E 2327139.70
—AIL POINT OF SERVICE
(EX.POWER POLE
W/EX. TRANSFORMER)
I I I I I I N 7007942.44
E 2327082.94
BM 12. STREET uGHT/1
N 7007851.12
WHITE FEATHER LANE E 2327142.D6
Add Street&S)61,n1-
ANGEIN
Sign to Ex Light ,
Pedestrian CrossiIII _
I TBM #1
I I OLD PECOS TRAIL
� I
I
PARRTKUST OWNER
LANE WEST FORK RANCH9B NTP35, LP
FILE Ha-72=1 500 Throckmorton Street
PFORTRUSTANC gg�RoOJECTNO,POJECT NO, 275-70 2130 26�J Suite 900
WEST FORK RANCH 8B0.0E N0.227 Cltt PROJECT N0.02808
FILE No.x-22742 x-23175 Fort Worth, Texas 76102
WATER PROJECT NO.P205-BUIS0233883 Telephone: 817 236-6100
SEWER PROJECT Na P275-70213o233S47 P
att PROJECT NO.02338 Contact: Steve McKeever
K-2327
CityProject No. 103284 DEVELOPER
� NORTH COWTOWN CROSSING Skyline Prairie Homes, LP
PAVING & DRAINAGE - HORSEMAN ROAD 2121 North Pearl Street
IVSPIARS Suite 300
EXHIBIT C 1 Dallas, Texas 75201
ENGINEERING&SURVEYING Telephone: (214) 865-7926
>��-KwA5ub,00 • N.pT 15QF • ��, STREET LIGHT & SIGN IMPROVEMENTS Contact: Daniel Smith
10R NO F2121 TM Na r-Ima1cc • ww mw..e—
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