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Contract 56560
Received Date: 10/28/2021 Received Time•2:13 pm Developer and Project Information Cover Sheet: Developer Company Name: I Pate Ranch Single Family,LP Address, State,Zip Code: 10210 North Central Expressway,Dallas,TX,75231 Phone &Email: 972-762-3900,kyle&texasdre.com Authorized Signatory,Title: Julian Hawes,Jr„Developer Project Name: Tavolo Park Phase 4 Brief Description: Water, Sewer,Paving, Storm Drain, Street Lights Project Location: Southwest Corner of Chisholm Trail parkway&Alta Mesa Plat Case Number: Plat Name: Mapsco: Council District: CFA Number: Cfa21-0095 City Project Number: 1102748 City of Fort Worth,Texas OFFICIAL RECORD Standard Community Facilities Agreement with City Participation Rev.4/2/20 CITY SECRETARY FT.WORTH, TX City Secretary Number: 56560 STANDARD COMMUNITY FACILITIES AGREEMENT WITH CITY PARTICIPATION This COMMUNITY FACILITIES AGREEMENT("Agreement") is made and entered into by and between The City of Fort Worth ("City"), a home-rule municipal corporation of the State of Texas, acting by and through its duly authorized Assistant City Manager, and Pate Ranch Single Family, LP ("Developer"),acting by and through its duly authorized representative. City and Developer are referred to herein individually as a"parry" 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 Tavolo Park Phase 4(Project"); and WHEREAS, the City desires to ensure that all developments are adequately served by public infrastructure and that the public infrastructure is constructed according to City standards; and WHEREAS, as a condition of approval of the Project, Developer is required to bear a portion of the costs of municipal infrastructure by constructing the public infrastructure necessary for the Project as described in this Agreement("Community Facilities"or"Improvements");and WHEREAS,as a condition of approval of the Project,Developer is required to meet the additional obligations contained in this Agreement, and Developer may be required to make dedications of land,pay fees or construction costs,or meet other obligations that are not a part of this Agreement;and WHEREAS, the City desires to participate in this Agreement in an amount not to exceed $169,710.71 to enlarge the scope of the Improvements beyond what Developer is responsible for constructing to oversize approximately 1,200 feet of eight-inch water main Developer is required to construct to a twenty-four inch water main as authorized by City Council through approval of M&C 21- 0766 on September 28,2021 ("City Participation"); and WHEREAS, the City Participation includes reimbursement to Developer in an amount not to exceed$153,745.79 for construction costs,$3,074.92 for material testing costs and$8,265.00 design costs. The remaining City Participation in the amount of$4,625.00 shall not be paid to Developer by the City,but shall be used by the City for the City's portion of construction inspection services fees, administrative material testing services fees and water lab testing fees;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: City of Fort Worth,Texas Page 2 of 17 Standard Community Facilities Agreement with City Participation Rev.4/2/20 1. CFA Ordinance The Community Facilities Agreements Ordinance("CFA Ordinance"),as amended,is incorporated into this Agreement by reference, as if it was fully set forth herein. Developer agrees to comply with all provisions of the CFA Ordinance in the performance of Developer's duties and obligations pursuant to this Agreement and to cause all contractors hired by Developer to comply with the CFA Ordinance in connection with the work performed by the contractors. If a conflict exist between the terms and conditions of this Agreement and the CFA Ordinance,the CFA Ordinance shall control. 2. Incorporation of Engineering Plans The engineering plans for the Improvements that have been approved by the City ("Engineering Plans")are incorporated into this Agreement by reference as if fully set out herein. Developer shall provide at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to construct the Improvements required by this Agreement. 3. Description of Improvements; Exhibits and Attachments The following exhibits describe the general location, nature and extent of the Improvements that are the subject of this Agreement and are attached hereto and incorporated herein by reference: ❑X Exhibit A: Water ❑X Exhibit A-1: Sewer ❑X Exhibit B: Paving ❑X Exhibit B-1: Storm Drain ❑X 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. City of Fort Worth,Texas Page 3 of 17 Standard Community Facilities Agreement with City Participation Rev.4/2/20 5. Financial Guarantee Developer has provided the City with a financial guarantee in the form and amounts set forth in this Agreement which guarantees the construction of the Improvements and payment by Developer of all contractors, subcontractors, and material suppliers for the Improvements ("Financial Guarantee"). Developer shall keep the Financial Guarantee in full force and effect until released by the City and shall not reduce the amount of the Financial Guarantee unless authorized by the City in accordance with the CFA Ordinance. 6. Completion Deadline; Extension Periods This Agreement shall be effective on the date this Agreement is executed by the City's Assistant City Manager ("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. If the Improvements are not completed at the end of the Term, and any Extension Periods, there will be no further obligation for City Participation to be paid to the Developer. (b) The City may utilize the Developer's Financial Guarantee to cause the completion of the construction of the Improvements or to cause the payment of costs for construction of the Improvements before the expiration of the Term, and any Extension Period, if the Developer breaches this Agreement,becomes insolvent,or fails to pay costs of construction. (c) If the Financial Guarantee is a Completion Agreement and the Developer's contractors or suppliers are not paid for construction costs or materials supplied for the Improvements the contractors and 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: City of Fort Worth,Texas Page 4 of 17 Standard Community Facilities Agreement with City Participation Rev.4/2/20 (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 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. City of Fort Worth,Texas Page 5 of 17 Standard Community Facilities Agreement with City Participation Rev.4/2/20 (g) Developer will not allow Developer's contractors to connect buildings to service lines of sewer and water mains constructed pursuant to this Agreement, if any, until said sewer, water mains and service lines have been completed to the satisfaction of the City. (h) Developer shall ensure the contractors are paid the City's wage rates in effect during construction of the Improvements. 10. Utilities Developer shall cause the installation or adjustment of utilities required to: (1) serve the Project; and (2) to construct the Improvements required herein. City shall not be responsible for payment of any costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with any of the Improvements to be constructed pursuant to this Agreement. II. 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 FROM ALL SUITS,ACTIONS OR CLAIMS OF ANY CHARACTER, WHETHER REAL OR ASSERTED,BROUGHT FOR OR ONACCOUNT OFANYINJURIES OR DAMAGES SUSTAINED B YANY PERSONS,INCL UDING DEATH, OR TO ANY PROPERTY, RESULTING FROM OR IN CONNECTION 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 CONSEQUENCE OF ANY FAILURE TO PROPERL Y SAFEGUARD THE WORK, OR ON ACCOUNT OF ANY ACT,INTENTIONAL OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID DEVELOPER, ITS CONTRACTORS, SUB-CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, WHETHER OR NOT SUCHINJURIES,DEATH OR DAMAGESARE CAUSED,IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE 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, City of Fort Worth,Texas Page 6 of 17 Standard Community Facilities Agreement with City Participation Rev.4/2/20 INCLUDING 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, FREE FROM DEFECTS,IN CONFORMANCE WITH THE CFA ORDINANCE, AND INACCORDANCE WITH ALL PLANS AND SPECIFICATIONS. 13. Right to Enforce Contracts Upon completion of all work associated with the construction of the Improvements,Developer will assign to the City a non-exclusive right to enforce the contracts entered into by Developer with its contractors,along with an assignment of all warranties given by the contractors,whether express or implied. Further,Developer agrees that all contracts with any contractor shall include provisions granting to the City the right to enforce such contracts as an express intended third party beneficiary of such contracts. 14. Estimated Fees Paid by Developer; Reconciliation Prior to execution of this Agreement, Developer has paid to the City the 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 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. City of Fort Worth,Texas Page 7 of 17 Standard Community Facilities Agreement with City Participation Rev.4/2/20 16. Notices All notices required or permitted under this Agreement may be given to a party 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 Pate Ranch Single Family, LP City of Fort Worth 10210 North Central Expressway 200 Texas Street Dallas, TX, 75231 Fort Worth, Texas 76102 With copies to: 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, City of Fort Worth,Texas Page 8 of 17 Standard Community Facilities Agreement with City Participation Rev.4/2/20 and further,that City shall have access during normal working hours to all of the contractor's facilities,and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Developer's contractors reasonable advance notice of intended audits. 18. Independent Contractor It is expressly understood and agreed that Developer and its employees, representative, agents, servants,officers,contractors,subcontractors,and volunteers shall operate as independent contractors as to all rights and privileges and work performed under this Agreement, and not as agents, representatives or employees of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Developer shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer acknowledges that the doctrine of respondeat superior shall not apply as between the City and its officers, representatives, agents, servants and employees, and Developer and its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Developer. It is further understood that the City shall in no way be considered a co-employer or a joint employer of Developer or any employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers of Developer. Neither Developer,nor any officers,agents, servants,employees or subcontractors of Developer shall be entitled to any employment benefits from the City. Developer shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of employees, representatives, agents, servants,officers,contractors, subcontractors,and volunteers. The City,through its authorized representatives and employees, shall have the sole and exclusive right to exercise jurisdiction and control over City employees. 19. Applicable Law; Venue This Agreement shall be construed under and in accordance with Texas law. Venue shall be in the state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas,Fort Worth Division. 20. Non-Waiver 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. City of Fort Worth,Texas Page 9 of 17 Standard Community Facilities Agreement with City Participation Rev.4/2/20 22. Headings The paragraph headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. 23. Severability In the event that any clause or provision of this Agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not affect any of the remaining provisions hereof. 24. Review of Counsel City and Developer, and if they so choose,their attorneys, have had the opportunity to review and comment on this document;therefore any rule of contract construction or interpretation that would normally call for the document to be interpreted as against the drafting party shall not apply in interpretation of this Agreement, and each section, portion, and provision of this Agreement shall be construed solely on the basis of the language contained therein, regardless of who authored such language. 25. Prohibition on Boycotting Israel Developer acknowledges that in accordance with Chapter 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"has 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 written verification to the City that Developer: (1) does not boycott Israel; and(2)will not boycott Israel during the term of this Agreement. 26. Prohibition on Boycotting Energy Companies Developer acknowledges that in accordance with Chapter 2274 of the Texas Government Code,as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2,the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms"boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature City of Fort Worth,Texas Page 10 of 17 Standard Community Facilities Agreement with City Participation Rev.4/2/20 provides written verification to the City that Developer: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 27. Prohibition on Discrimination Against Firearm and Ammunition Industries Developer acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code,as added by Acts 2021,87th Leg.,R.S.,S.B. 19, § 1,the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice,policy, guidance, or directive that discriminates against a firearm entity or firearm trade association;and(2)will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code,as added by Acts 2021, 87th Leg.,R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not have a practice,policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 28. 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 INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY DEVELOPER, DEVELOPER'SEMPLOYEES,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. 29. 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. 30. 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. Any attempted assignment or subcontract without the City's prior written approval shall be void and constitute a breach of this Agreement. City of Fort Worth,Texas Page 11 of 17 Standard Community Facilities Agreement with City Participation Rev.4/2/20 31. 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. 31. 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. 32. 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. 33. Counterparts This Agreement may be executed in multiple counterparts, each of which will be deemed an original, but which together will constitute one instrument. 34. 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. 35. City Participation; Fiscal Funding Limitation (a) The City shall reimburse Developer for the City Participation in an amount not to exceed 153,745.79 for construction costs, $3,074.92 for material testing costs and $8,265.00 design costs after presentation of proper documentation by Developer to the City that the Improvements have been constructed and accepted by the City and all contractors and material suppliers have been paid. The remaining City Participation in the amount of$4,625.00 shall not be paid to Developer by the City,but shall be used by the City for the City's portion of construction inspection services fees,administrative material testing services fees and water lab testing fees. No retainage will be withheld from the City Participation paid to Developer. The City Participation was calculated in accordance with the following table: City of Fort Worth,Texas Page 12 of 17 Standard Community Facilities Agreement with City Participation Rev.4/2/20 City Pattiopatim E%hMt-Gmsift M 2V Fnyd Item lnfarnatia¢IP3tCZMG"CPN1927d8 TAti"DLO PARK PHA Cily 2019 CFA Unit Prim COMEtaT Consnuction Um Pme Item No. Desrl>rdco SPerific No. Section Gait Bid Qmmy Lh&RkE Sid Value Unh Price Sid Value Lowest Bid No. 14ea�ure 1 3311.0001 Ductile Iran Water Fittings wJ Restraint" 3311 11 TON ❑_702 $5 562A7 13,904.85 $25,150.00 $17,655.30 13,904.85 2 33U5.g109 Trench Salk" 330510 LF 1143 $1.12 11,280.10 $100 12,280.00 11,280.10 3 3311.0641 24'PVC W ater Pi e' 3311 10 LF 1143 Si26.00 1144.018.00 $175.49 $2111,71 d64 1144,01d.00 4 3312.3M8 W Gate Valve wd Vault 331220 EA 11 531,110.05 $31,11g.05 $35,000.00 $35,006.06 $31.11 D.05 5 3312.0108 Canrteotto Existing 24'Water Main 331226 EA 1 $0,398.22 10,398.22 12,500.00 12,50g.00 12,506.06 •CPPROJECT 10:1_0 Construction Total $182,813.06 •'mUed.201 Dons lfuWpmssue plug CFW 84.1%Cv t Share 153 745.79 Constnrction Inspection Fee 13,250.00 Admin Material Testing Fee 11,225.00 Water Lab Fee 1150.00 Matenal Testing Cost Contingency 13,074.92 Design Services Cost .265.00 Total City Partaipation Amount SIGB,718.71 (b) In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable by any means whatsoever in any fiscal period for payments due under this Agreement, then the City will immediately notify Developer of such occurrence and this Agreement shall be terminated on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except to the portions of annual payments herein agreed upon for which funds shall have been appropriated. [REMAINDER OF PAGE INTENTIONALLY BLANK] City of Fort Worth,Texas Page 13 of 17 Standard Community Facilities Agreement with City Participation Rev.4/2/20 35. Cost Summary Sheet Pro]ect Name: Tavolo Park Phase 4 CFA No CFA21-0095 IPRC No. IPRC20-0064 City Project No.: 102748 Items Developer's Cost City's Cost Total Cost A. Water and Sewer Construction 1. Water Construction $ 934,190.91 $ 153,745.79 $ 1,087,936.70 2.Sewer Construction $ 671,334.75 $ $ 671,334.75 Water and Sewer Construction Total $ 1,605,525.66 $ 153,745.79 $ 1,759,271.45 B. TPW Construction 1.Street $ 1,845,013.00 $ $ 1,845,013.00 2.Storm Drain $ 624,076.26 $ $ 624,076.26 3.Street Lights Installed by Developer $ 271,608.00 $ $ 271,608.00 4. Signals $ $ $ TPW Construction Cost Total $ 2,740,697.26 $ $ 2,740,697.26 Total Construction Cost(excluding the fees): $ 4,346,222.92 $ 153,745.79 $ 4,499,968.71 Estimated Construction Fees: C. Construction Inspection Service Fee $59,250.00 $3,250.00 $62,500.00 D. Administrative Material Testing Service Fee $30,331.00 $1,225.00 $31,556.00 E. Water Testing Lab Fee $3,240.00 $150.00 $3,390.00 F. Design Services $ 8,265.00 $ 8,265.00 Total Estimated Construction Fees: $ 92,821.00 $ 12,890.00 $ 105,711.00 TOTAL PROJECT COST $ 4,439,043.92 $166,635.79 $ 4,605,679.71 Choice Financial Guarantee Options,choose one Amount (Mark one) Bond = 100% $ 4,499,968.71 x Completion Agreement= 100%/Holds Plat Cash Escrow Water/Sanitary Sewer= 125% Cash Escrow Paving/Storm Drain= 125% Letter of Credit= 125% City of Fort Worth,Texas Page 14 of 17 Standard Community Facilities Agreement with City Participation Rev.4/2/20 IN WITNESS WHEREOF,the City and Developer have each executed this Agreement by their duly authorized signatories to be effective on the date executed by the City's Assistant City Manager. CITY OF FORT WORTH DEVELOPER Pate Ranch Single Family,LP Dana Burghdoff( t 27,20 15:49 CDT) Dana Burghdoff ffgli/Gj�7� Assistant City Manager By'ulianHawes,Jr.(Oct 22,202111:23 CDT) Name Julian Hawes,Jr Date: Oct 27,2021 Title: Developer Recommended by: Date: Oct 22,2021 N Evelyn Rol arts(Oct 22,202111:24 CDT) Evelyn Roberts/Jennifer Ezernack Contract Compliance Specialist Development Services Department Approved as to Form &Legality: Richard A.McCracken(Oct 26,202115:50 CDT) Richard A.McCracken Sr.Assistant City Attorney Contract Compliance Manager: M&C No. 21-0766 By signing,I acknowledge that I am the person Date: 9/28/21 responsible for the monitoring and Form 1295: 2021-787330 administration of this contract,including ensuring all performance and reporting ATTEST: ga � requirements. on 016. ° °O��d 0. °mod Ronald P. Gonzales �v o =d Janie S.Morales Acting City Secretary *o° °o�c� Development Manager °OO°°°°°° d ��nEXAS.oAp OFFICIAL RECORD City of Fort Worth,Texas CITY SECRETARY Standard Community Facilities Agreement with City Participation FT. WORTH, TX Rev.4/2/20 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 ❑X Attachment 1 -Changes to Standard Community Facilities Agreement ❑ Attachment 2—Phased CFA Provisions ❑ Attachment 3 —Concurrent CFA Provisions ❑X Location Map ❑X Exhibit A: Water Improvements ❑X Exhibit A-1: Sewer Improvements ❑X Exhibit B: Paving Improvements ❑X Exhibit B-1: Storm Drain Improvements ❑X Exhibit C: Street Lights and Signs Improvements ❑X Cost Estimates (Remainder of Page Intentionally Left Blank) City of Fort Worth,Texas Page 16 of 17 Standard Community Facilities Agreement with City Participation Rev.4/2/20 ATTACHMENT"1" Changes to Standard Community Facilities Agreement City Proj ect No. 102748 None City of Fort Worth,Texas Page 17 of 17 Standard Community Facilities Agreement with City Participation Rev.4/2/20 00 42 43 DAP-BID PROPOSAL Page 1 46 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application TAVOLO PARK PHASE 4 Bidder's Proposal CPN 102748 Bidlist Description Specification Unit of Bid Unit Price Bid Value Item No. Section No. Measure Quantity UNIT I:WATER IMPROVEMENTS 1 3311.0241 8"Water Pipe 33 11 12 LF 9709 $36.00 $349,524.00 2 3312.2003 1"Water Service 33 12 10 EA 199 $749.62 $149,174.38 3 3312.2203 2"Water Service 33 12 10 EA 2 $1,200.00 $2,400.00 4 3312.3003 8"Gate Valve&Box 33 1220 EA 43 $1,525.00 $65,575.00 5 3312.0117 Connect to Existing 8"Water Main 33 1225 EA 5 $2,080.00 $10,400.00 6 3305.0003 8"Waterline Lowering 3305 12 EA 21 $5,200.00 $109,200.00 7 0241.1118 4"-12" Pressure Plug 0241 14 EA 4 $250.00 $1,000.00 8 3312.0001 Fire Hydrant 33 1240 EA 21 $4,779.24 $100,364.04 9 3311.0001 Ductile Iron Fittings 33 11 11 TN 0.5 $25,150.00 $12,575.00 10 3305.0109 Trench Safety 33 05 10 LF 10005 $2.00 $20,010.00 11 3311.0641 24"Water Pipe 33 11 10 LF 1211 $176.48 $213,717.28 12 3311.0001 24"Gate Valve w/Vault 33 1240 EA 1 $35,000.00 $35,000.00 13 3312.0108 Connect to Existing 24"Water Main 33 1225 EA 1 $2,500.00 $2,500.00 14 0241.1109 24" Pressure Plug 0241 14 EA 1 $1,500.00 $1,500.00 15 3311.0001 Ductile Iron Fittings(24"Only) 33 11 11 TN 0.5 $25,150.00 $12,575.00 16 13305.0109 Trench Safety (24"Only) 3305 10 1 LF 1 12111 $2.001 $2,422.00 TOTAL UNIT I:WATER IMPROVEMENTS $1,087,936.70 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Fomi Version May 22,2019 00 42 43 Bid Proposal DAP Multiple Bidders_09.11.21 00 4243 DAP-BID PROPOSAL Page 2 of 6 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application TAVOLO PARK PHASE 4 Bidder's Proposal CPN 102748 Bidlist Description Specification Unit of Bid Unit Price Bid Value Item No. Section No. Measure Quantity UNIT II:SANITARY SEWER IMPROVEMENTS 1 3331.4115 8"Sewer Pipe 3331 20 LF 6302 $39.00 $245,778.00 2 3331.4119 8" DIP Sewer Pipe 33 11 10 LF 173 $80.00 $13,840.00 3 3331.4116 8"Sewer Pipe, CSS Backfill 3331 20 LF 320 $30.00 $9,600.00 4 3331.4208 12"Sewer Pipe 33 11 10 LF 1308 $47.00 $61,476.00 5 3339.1001 4' Manhole 33 39 20 LF 25 $3,900.00 $97,500.00 6 3305.0116 Concrete Encasement 33 05 10 LF 228 $40.00 $9,120.00 7 3339.1101 5' Manhole 3339 10 EA 2 $6,000.00 $12,000.00 8 3339.1102 5' Drop Manhole 3339 10 VF 3 $7,000.00 $21,000.00 9 3339.0001 Epoxy Manhole Liner 33 39 60 EA 48 $312.50 $15,000.00 10 3305.0113 Trench Water Stops 33 05 15 EA 13 $750.00 $9,750.00 11 3331.3101 4"Sewer Service 3331 50 1 EA 1 199 $760.251 $151,289.75 12 9999.0015 Connect to Ex 36"SSWR 3431 20 EA 1 $9,000.00 $9,000.00 13 3305.0109 Trench Safety 33 05 10 LF 7610 $0.10 $761.00 14 3301.0002 Post-CCTV Inspection 3301 31 LF 7610 $2.00 $15,220.00 TOTAL UNIT II: SANITARY SEWER IMPROVEMENTS $671,334.75 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Fomi Version May 22,2019 00 42 43 Bid Proposal DAP Multiple Bidders_08.11.21 00 4243 DAP-BID PROPOSAL Page 3 of 6 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application TAVOLO PARK PHASE 4 Bidder's Proposal CPN 102748 Bidlist Description Specification Unit of Bid Unit Price Bid Value Item No. Section No. Measure Quantity UNIT III: DRAINAGE IMPROVEMENTS 1 3341.0103 18" RCP, Class III 3341 10 LF 272 $60.00 $16,320.00 2 3341.0201 21" RCP, Class III 3341 10 LF 269 $70.00 $18,830.00 3 3341.0205 24" RCP, Class III 3341 10 LF 1016 $80.00 $81,280.00 4 3341.0302 30" RCP, Class III 3341 10 LF 420 $100.00 $42,000.00 5 3341.0309 36" RCP, Class III 3341 10 LF 850 $120.00 $102,000.00 6 3341.0409 48" RCP, Class III 3341 10 LF 89 $180.00 $16,020.00 7 3341.1102 4x3 Box Culvert 3341 10 LF 463 $250.00 $115,750.00 8 3349.5001 10'Curb Inlet 33 49 20 EA 8 $4,600.00 $36,800.00 9 3349.5002 15'Curb Inlet 33 49 20 EA 6 $5,800.00 $34,800.00 10 3349.5003 20'Curb Inlet 33 49 20 EA 6 $7,500.00 $45,000.00 11 3349.0001 4'Storm Junction Box 3349 10 EA 8 $4,700.00 $37,600.00 12 3349.0002 5'Storm Junction Box 3349 10 EA 1 $6,000.00 $6,000.00 13 3349.0003 6'Storm Junction Box 3349 10 EA 3 $7,500.00 $22,500.00 14 3349.3001 18" Headwall 33 49 40 EA 1 $3,500.00 $3,500.00 15 3349.3011 48" Headwall 33 49 40 EA 1 $5,000.00 $5,000.00 16 9999.0016 4'x3' Headwall 33 49 40 EA 1 $6,000.00 $6,000.00 17 3137.0102 Large Stone Riprap,dry 31 3700 1 SY 1 350 $90-001 $31,500.00 18 3305.0109 Trench Safety 3305 10 1 LF 1 3379 $0.941 $3,176.26 TOTAL UNIT III: DRAINAGE IMPROVEMENTS $624,076.26 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Fomi Version May 22,2019 00 42 43 Bid Proposal DAP Multiple Bidders_08.11.21 00 42 43 DAP-BID PROPOSAL Page 4 of 6 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application TAVOLO PARK PHASE 4 Bidder's Proposal CPN 102748 Bidlist Description Specification Unit of Bid Unit Price Bid Value Item No. Section No. Measure Quantity UNIT IV: PAVING IMPROVEMENTS 1 3213.0101 6"Cone Pavement 32 13 13 SY 32,300 $37.50 $1,211,250.00 2 3213.0101 10"Cone Pavement 32 13 13 SY 3,200 $54.20 $173,440.00 3 3213.0301 4"Conc. Sidewalk 32 1320 SF 14,110 $6.00 $84,660.00 4 9999.0027 10'Wide 4"Conc. Sidewalk 33 1320 SF 1,180 $6.50 $7,670.00 5 3211.0501 6" Lime Treatment 32 11 29 SY 35,600 $3.70 $131,720.00 6 3211.0502 8" Lime Treatment 33 11 29 SY 3,600 $4.50 $16,200.00 7 3211.0400 Hydrated Lime 32 11 29 TONS 717 $164.00 $117,588.00 8 3213.0501 B/F Ramps,Type R-1 32 1320 EA 24 $2,000.00 $48,000.00 9 3213.0506 B/F Ramps,Type P-1 32 1320 EA 18 $2,000.00 $36,000.00 10 9999.0015 Remove End of Road Barricade 00 00 00 EA 1 $300.00 $300.00 11 9999.0014 Connect to Existing Street 00 0000 1 LF 1 323 $15.001 $4,845.00 12 9999.0012 End of Road Barricade 00 00 00 LF 139 $40.00 $5,560.00 13 9999.0024 Concrete Street Header 00.00.00 LF 139 $20.00 $2,780.00 14 3217.0015 4" DOT Pvmt Marking Paint(Y) 32.17.23 LF 1250 $4.00 $5,000.00 TOTAL UNIT IV: PAVING IMPROVEMENTS $1,845,013.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Fomi Version May 22,2019 00 42 43 Bid Proposal DAP Multiple Bidders_09.11.21 00 4243 DAP-BID PROPOSAL Paee 5 of 6 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application TAVOLO PARK PHASE 4 Bidder's Proposal CPN 102748 Bidlist Description Specification Unit of Bid Unit Price Bid Value Item No. Section No. Measure Quantity UNIT V:STREET LIGHTING IMPROVEMENTS 1 2605.3015 2"CONDT PVC SCH 80(T) 26 05 33 LF 4,535 $16.50 $74,827.50 2 3441.1409 NO 8 Insulated Elec Condr 3441 10 LF 4,715 $1.80 $8,487.00 3 3441.1410 NO 10 Insulated Elec Condr 3441 10 LF 10,110 $1.35 $13,648.50 4 3441.1502 Ground Box, Small,w/Lid 3341 10 EA 4 $500.00 $2,000.00 5 3441.1502 Ground Box, Small,w/Lid Apron 3441 10 EA 2 $600.00 $1,200.00 6 3441.3301 Rdwy Illum Foundation TY 1,2,and 4 3441 20 EA 39 $1,350.00 $52,650.00 7 3441.3302 Rdwy Illum Foundation TY 3,5,6,and 8 3441 20 EA 6 $1,600.00 $9,600.00 8 Furnish/Install 120-240 Volt Single Phase Metered 3441 20 EA 1 $6,250.00 $6,250.00 9 Furnish/Install Powder Coat Black Type 33A Arm 3441 20 EA 6 $344.00 $2,064.00 10 Furnish/Install Powder Coat Black Type 33B Arm 3441 20 EA 39 $344.00 $13,416.00 11 Furnish/Install Powder Coat Black LED Lighting Fixture 3441 20 EA 39 $550.001 $21,450.00 12 Furnish/Install Powder Coat Black LED Lighting Fixture 3441 20 EA 6 $575.00 $3,450.00 13 3441.3351 Furnish/Install Rdway Illum TY 11 Pole 3441 20 EA 39 $1,333.00 $51,987.00 14 3441.3351 Furnish/Install Rdway Illum TY 18 Pole 3541 20 EA 6 $1,763.00 $10,578.00 TOTAL UNIT V:STREET LIGHTING IMPROVEMENTS $271,608.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Fomi Version May 22,2019 00 42 43 Bid Proposal DAP Multiple Bidders_09.11.21 004243 DAP-BID PROPOSAI Page G of G SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application TAVOLO PARK PHASE 4 Bidder's Proposal CPN 102748 Bidlist Description Specification unit of Bid unit Price did Value ItotLt No. Section No. Measure Quantity BID SUMMARY UNIT l:WATER IMPROVEMENTS $1,087,936.70 UNIT II:SANITARY SEWER IMPROVEMENTS $671,334.75 UNIT III:DRAINAGE IMPROVEMENTS $624,076,26 UNIT IV:PAVING IMPROVEMENTS $1845,013.00 UNIT V:STREET LIGHTING IMPROVEMENTS 71 608,00 TOTAL CO NSTRUCTIO IBID EE$4�499,968.71 This Biel is submitted by the entity named below: IBITII9F;I1 E49IL UNITS I. &III{ `A'I'Eit.SAIdTI:ALt'T S}`L,WELt 1IIIATN.ACeE1: €3]": SYR CONSTRUCTION CO.,INC. SNP 421 COMPTON IRV-ING,TEXAS 75061 TITII: DATE. %, Working hays: 110 � { —~ �" IBIt}IBEIZ T{9It ti AF1I I§r ti' I7NCf BY: GL,Ei'rN MURMAN,INC, P.O.BOX 350842 MESQUITE,TEXAS 75185 TITLE: DATE: Working Days: 45 BIDDER FOR UNI T V(TREET L.IGHIS): BY: C&S UTILITY CON'rRACTORS,INC. 6705 US life 287 L,INGTON,TEXAS 76001 TITLE. DATE: Working Days: 45 Contractor agrees to comptete WORK for FINAL AC+CrPT.,%NCE within 200 Working days after the:late when the CONTRACT commences to ran:as provided in the Cenenal Conditions, END OF SECTION N CITY OF FORT W ORTTI STANDARDCONS'3RUMON SPECEPIC'.ATIO+t DOCUMENTS-➢EVELOPER.AWARDED PROJECTS F.—vev"i n NEy 22,2r019 Oft 42 43_fbd Propas�;©AP_t tuidpfe ftid*r_U 121 00 42 43 DAP-BID PROPOSAL Paae 6 of 6 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application TAVOLO PARK PHASE 4 Bidder's Proposal OPN 102748 Bid[ist Description Specification I Unit o Bid Utah Price Bid ValueItem#Vo. Section No. Measure �uantily SUMMARYBID UNIT 1:WATER IMPROVEMENTS $1,087,936.70 UNIT 11:SANITARY SEWER IMPROVEMENTS $671,334.75 UNIT ill:DRAINAGE IMPROVEMENTS $624,076,26 UNIT IV:PAVING IMPROVEMENTS $1,845,013.00 UNIT V:STREET LIGHTING IMPROVEMENTS $271,608.00 TOTAL CONSTRUCTION BIO $4,49�,968.79 This Did is submitted by the entity named below- BIDDER FOR UNITS 1,TI.&III(WATER,SANITARY SEWER.IDRAINAGEI- BY. SYTt CONSTRUCTION CO.,INC. 421 CO1s,1PT0N IRVING,TEXAS 75061 TITRE: DATE: Working Bays: 110 BIDDER FOR UNIT 11T(TLAVI:NG) BY: r GLENN TH JRNL&N,INC. / PT O.BOX 850842 MESQUITE,TEXAS 75185 TITLE: 3L)D!TrAQ:r FIAKW3El DATE: Working Days. 45 3PF➢382PBY ijR UnifT V!'R'&YF.R'8`I.I(2IrT&), RV! C 4&S UTILITY CONTRACTORS,INC. 6705 US HMIY 287 ARLINGTON,TEXAS 76001 TITLE: DATE: Forking Days: 45 Contractor agrees to complete WORK for FINAL ACCEPTANCE within 200 working days after the date when the CONTRACT commences to run as provided in the General Conditions. END OF SECTION CTTY OF FORT WORT_I3 STANDARD CONSTRUCTION SPECIFICATION DOCUA,1E,NTS-DEVELOPER AWARDED PROJECTS Por Venion May 22,20I9 00 42 43Bid Proposd DAP n3uidpie Bide -08.17.21 00 42 43 DAP-BID PROPOSAL Pop 6 of 6 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application TAVOLO PARK PHASE 4 Bidder's Proposal CPN 102748 Biclfist Description Specification I Unit of7 Bid Unit Price Bid Value Item No. I Section No. Measure l Quantity BID SUMMARY UNIT 1:WATER IMPROVEMENTS $1.087,936.70 UNIT 11:SANITARY SEWER IMPROVEMENTS $671,334.75 UNIT III:DRAINAGE IMPROVEMENTS $624,07626 UNIT IV:PAVING IMPROVEMENTS $1,845,013,00 UNIT V:STREET LIGHTING IMPROVEMENTS $271,60&001 —TOTAL CONSTRUCTION BID. $4,499 968.71 This Bid is submitted by the entity named below- BIDDER EM UNITS L,11.&HT(WATER,SANITARY SEWTIU DRAINAGE): BY: SYB CONSTRUCTION CO.,INC. 421 COMPTON IRNTNG.TEXAS 75061 TITLE: DAM Working Days: 110 BIDDER FOR UNIT IV(PAVING} BY: GLE NNTRURTNTAN,INC. P.O,BOX 850842 MESQUITE,TEXAS 75185 TITLE; DATE: Working Days: 45 BIDDER FOR UNIT V(TREET LIGHTS): BY: C&S UTILITY CONTRACTORS,INC.. 6705 US MNII'287 ARLINGTON,TEXAS 76001 TITLE: Working Days: 45 DATE: t Contractor agrees to complete WORK for FINAL ACCEPT ONCEwithin 200 _working days after the date when the CONTRACT commences to ran its provided in the General Conditions. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS FOTM VMOn May 22,201 1) 00 42 43_.Btd Proposal..DAP,Multiple 8,ddos-01I 1121 v- OAKMONT BLVD �O I 1 ALTAMESA BLVD ALTAMESA BLVD \ \ PROJECT LOCATIONco / � 1PF lop - OWNER: `£ P E L 0 T 0 N 0 NORTH 2500' TAVOLO, PHASE 4 PATE RANCH SINGLE FAMILY, LP 00 DISC STREET TREET MAPSCO NO. 102F 10210 IN CENTRAL EXPY,SUITE 300 110 0 SUIITE400 CPN 102748 DALLAS,TX 75231 FRISCO,TX 75033 GRAPHIC SCALE DATE: JUNE2021 PHONE:972-385-4100 PHONE:469-213-1800 i ....... ................ .' 2 3 4 p0�W LANE 5 6 ' $ 9 10 11 12 i � 4 5 6 7 8 9 10 11 12 ' — 1 2 3 13 14 15 16 5 6 7 61 1 2 3 4 \ 34 33 32 31 30 29 28 27 26 25 24 23 22 21 20 19 18 17 CONNECT TO EX. 11 10 9 8"WATER LINE 15 14 13 12 --r T (CITY PROJECT ,$ 17 16 WINTERBLOOM WAY NO. 100549) 1 4 5 6 7 8 9 10 11 12 13 14 �► 2 3 15 16 17 'Lu 7 8 9-n Lu CC 1 2 3 4 5 6 33 32 31 30 29 28 27 26 25 24 23 22 21 20 19 18 ' �11 12 14 13 LLI 15 m 19 18 17 16 - x SWITCHWOOD LANE Z 11 1 2 3 4 5 6 7 8 g 10 11 12 13 94 8 9 10 m LLI CONNECT TO EX. 4 5 6 7 13 12 28 27 26 25 24 23 22 21 20 19 18 17 16 15 ' 8"WATER LINE 3 17 16 15 1a 'Co (CITY PROJECT 2 19 18 NO. 101565) 1 - WHISTERWHEEL WA ' 6 7 8 9 10 1 2 3 4 5 6 7 8 g 10 11 12 2 3 4 5 21 20 19 18 17 16 1 15 14 13 12 11 1 GO� 13 GROVE RAVE 16 ' OEM CONNECT TO EX. BRYANT IRVIN ROAD 24"WATER LINE (CITY PROJECT NO. 101565) LEGEND PROPOSED GATE VALVE —♦-- EXISTING GATE VALVE + PROPOSED FIRE HYDRANT EXISTING FIRE HYDRANT NOTE:ALL PROPOSED WATER LINES ARE 8"UNLESS OTHERWISE NOTED. EXHIBIT A-WATER OWNER: _:!!! PELOTON �=2 LAND 40LUTION3 0 NORTH 300' TAVOLO PHASE 4 PATE RANCH SINGLE FAMILY LP 10210 IN CENTRALCENTRAL EXPY,SUITE 300 11000 STREET DALLAS,TX 75231 SUITE 400 CPN 102748 FRISCO,TX 75033 GRAPHIC SCALE DATE: JUNE2021 PHONE:972-385-4100 PHONE:469-213-1800 CONNECT TO EX. MANHOLE (CITY PROJECT NO. 01339) i ....... ................ .' 2 3 4 POD W LANE 5 6 ' 8 9 10 11 12 i ' 4 6 7 9 10 11 12 e 8 — 1 2 3 5 13 14 15 16 5 6 7 1 1 2 3 4 34 33 32 31 30 29 28 27 26 25 24 23 22 21 19 20 10 9 18 17 13 12 11 18 17 16 15 14 WINTERBLOOM WAY 1 2 3 4 5 6 7 8 9 1 p 11 12 13 14 15 16 17 'LLJ 8 9_n w 1 2 3 4 5 6 7 1 33 32 31 30 29 28 27 26 25 24 23 22 21 20 19 ' 1 �11 18 14 2 13 ) 15 m 19 18 17 Lij 16 - SWITCHWOOID LANE Z11 1 2 3 4 5 6 7 8 9 1p 11 12 13 14 8 9 10 m L11 7 4 5 6 24 22 2p 13 12 28 27 26 25 23 21 19 18 17 15 16 3 17 16 15 14 'co 2 19 18 1 - WHISTERWHEEL WAY 5 6 � 8 9 10 1 2 3 4 5 6 7 8 9 10 11 12 2 3 4 1 21 20 19 18 17 16 15 14 1 15 14 13 12 11 1 GOLDEN G LOVE D/��I/E 13 16 ' BRYANT IRVIN ROAD LEGEND PROPOSED SEWER LINE AND MANHOLE EXISTING SEWER LINE AND MANHOLE PROPOSED FLOWARROWS NOTES: 1. ALL PROPOSED SANITARY SEWER LINES ARE 8"UNLESS OTHERWISE NOTED. 2. ALL SANITARY SEWER SERVICES ARE SDR-26. EXHIBIT Al -WASTEWATER OWNER: _:!!! PELOTON 0 300' TAVOLO, PHASE 4 PATE RANCH SINGLE FAMILY, LP `000 ISC STREET T T NORTH 10210 N CENTRAL EXPY,SUITE 300 11000 SUITE STREET DALLAS,TX 75231 SUITE 400 CPN 102748 FRISCO,TX 75033 GRAPHIC SCALE DATE: JUNE2021 PHONE:972-385-4100 PHONE:469-213-1800 37'B-B i —� 60'ROW 12 3 q 5 pONDVIEW LANE 6 7 8 9 10 11 LL- 12 i 2 3 q g T67 8 9 10 11 12 13 14 8 15 16 6 7 1 1 2 3 4 5 11 32 34 33 31 3() 20 29 28 27 26 25 24 23 22 21 19 ,2 10 9 18 17 13 ,$ 17 16 15 14 WINTERBLOOM WAY 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 'Lu 8 9-n w 1 2 3 CC 4 5 6 7 1 33 32 31 30 29 28 27 26 25 24 23 22 21 20 19 ' \`! 12�11 18 ui 15 m 19 18 17 16 14 13- SWITCHWOOID LANE Z11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 8 9 10 m LLI 7 ' 4 5 6 13 12 16 28 27 26 25 24 23 22 21 20 19 18 17 15 3 17 16 15 14 'co 2 19 18 1 - \NHISTERWHEEL wq I 9 10 1 2 3 4 5 6 7 8 9 10 11 12 5 6 7 8 2 3 4 1 21 20 19 18 17 16 15 3 12 11 GOLDENGROVE DR/VE 1s 14 13 16 ' L� 23'B-B BRYANT IRVIN ROAD 55'ROW LEGEND 0 PROPOSED PAVEMENT 5'SIDEWALK BY DEVELOPER 10'SIDEWALK BY DEVELOPER ® BFRs BY DEVELOPER NOTES: 1. ALL PROPOSED PAVEMENT IS 29'B-B,50' ROW UNLESS OTHERWISE SPECIFIED. EXHIBIT B- PAVING OWNER: `£;r PELOTON `L` LAND SOLUTIONS 0 NORTH 300' TAVOLO PHASE 4 PATE RANCH SINGLE FAMILY LP 10210 N CENTRAL EXPY,SUITE 300 11000 SUITEFRISC STREET DALLAS,TX 75231 SUITE 400 CPN 102748 FRISCO,TX 75033 GRAPHIC SCALE DATE: JUNE2021 PHONE:972-385-4100 PHONE:469-213-1800 i ....... ................ .' 2 3 4 p0=W LANE 5 6 ' s 9 10 11 12 I i ' 1 2 3 4 5 6 7 8 9 10 11 12 6 13 14 15 16 5 6 7 1 1 2 3 4 34 33 32 31 3() 20 29 28 21 26 25 24 23 22 21 19 10 9 18 17 13 ,2 11 ,$ 17 16 15 14 \W TERBLOOM WAY 1 2 3 4 5 6 7 8 9 1 p 11 12 13 14 15 16 17 'LLJ 8 9-n w 1 2 3 4 5 6 7 �: 1 33 32 31 30 29 28 27 26 25 24 23 22 21 20 19 ' \`! �11 18 12 14 13 W 1 m 19 18 17 165 — SWITCHWOOID LANE Z11 1 2 3 4 5 6 7 8 9 1p 11 12 13 14 8 g 10 m L1.1 7 ' 4 5 6 13 12 28 27 26 25 24 23 22 21 2p 19 18 17 15 16 3 17 16 15 14 ' 2 19 18 co 1 — WHISTERWHEEL WAY 5 6 � 8 9 10 1 2 3 4 5 6 7 8 9 10 11 12 2 3 4 1 21 20 19 18 17 16 15 14 1 15 14 13 ,2 11 1 GO�GROVE DR/VE 13 16 ' BRYANT IRVIN ROAD LEGEND PROPOSED STORM DRAIN INLET PROPOSED STORM DRAIN MANHOLE PROPOSED STORM DRAIN HEADWALL NOTES: 1. ALL PIPES ARE 21"RCP UNLESS OTHERWISE SPECIFIED. 2. ALL CURB INLETS ARE 10'UNLESS OTHERWISE SPECIFIED. EXHIBIT B1 -STORM DRAINAGE OWNER: ICI! PELOTON ill LAN- 40LUTIONS 0 NORTH 300' TAVOLO, PHASE 4 PATE RANCH SINGLE FAMILY LP 10210 N CENTRAL EXPY,SUITE 300 11000 SUITE 400 STREET DALLAS,TX 75231 SUITE CPN 102748 FRISCO,TX 75033 GRAPHIC SCALE DATE: JUNE2021 PHONE:972-385-4100 PHONE-469-213-1 800 i ....... ................ .' 2 3 4 p0=W LANE 5 6 ' s 9 10 11 12 I i ' 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 6 7 61 1 2 3 4 5 34 33 32 31 30 29 28 27 26 25 24 23 22 21 19 10 9 20 18 17 13 ,2 11 ,$ 17 16 15 14 WINTER BLOOM WAY 1 2 3 4 5 6 7 8 9 1 p 11 12 13 14 15 16 17 'LLJ 8 9-n w 2 3 CC 4 5 6 7 �: 1 33 32 31 30 29 28 27 26 25 24 23 22 21 20 19 18 ' 12�11 IJJ 17 16 15 14 13 19 18 — SWITCHW )OD LANE 1 2 3 4 5 6 7 8 9 10 11 12 13 94 8 9 10 m11 L1.1 7 ' q3 5 6 4 13 12 28 27 26 25 24 23 22 21 20 19 18 17 16 15 2 ,s 18 17 16 15 'co 1 — WHISTERWHEE Wqy 5 6 � 8 9 10 1 2 3 4 5 6 7 8 9 10 11 12 2 3 4 1 21 20 19 18 17 16 15 14 1 15 14 13 12 11 GO�GROVE DR/I/E 13 16 ' BRYANT IRVIN ROAD LEGEND PROPOSED STREET LIGHTS PROPOSED STREET SIGNS EXHIBIT Cl -STREET NAME SIGNS & STREET LIGHTS OWNER: _: !! P E L 0 T 0 N 0 300' TAVOLO, PHASE 4 PATE RANCH SINGLE FAMILY, LP `000 ISC STREET T T NORTH 10210 N CENTRAL EXPY,SUITE 300 11000 SUITE STREET DALLAS,TX 75231 SUITE 400 CPN 102748 FRISCO,TX 75033 GRAPHIC SCALE DATE: JUNE2021 PHONE:972-385-4100 PHONE:469-213-1800 City of Fort Worth, Texas Mayor and Council Communication DATE: 09/28/21 M&C FILE NUMBER: M&C 21-0766 LOG NAME: 60TAVOLO PARK PH4 241NCH WATERLINE SUBJECT (CD 6)Authorize Execution of a Community Facilities Agreement with Pate Ranch Single Family LP with City Participation in an Amount Not to Exceed$169,710.70 for Oversizing an 8 Inch Water Main to a 24 Inch Water Main South of Altamesa Boulevard and East of Bryant Irvin Road to Serve Tavolo Park Phase 4 and Anticipated Future Growth in West Fort Worth and Adopt Attached Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of a community facilities agreement with Pate Ranch Single Family LP with City participation in an amount not to exceed $169,710.70 for oversizing an eight-inch water main to a twenty-four-inch water main south of Altamesa Boulevard and east of Bryant Irvin Road to serve Tavolo Park Phase 4 and anticipated future growth in west Fort Worth; and 2. Adopt the attached appropriation ordinance adjusting receipts and appropriations in the Water and Sewer Bond 2020A Fund, in the amount of$192,773.00, by decreasing receipts and appropriations in the Unspecified project(City Project No. UNSPEC)and increasing receipts and appropriations in the Community Facilities Agreement Bucket programmable project(City Project NO.P00001)by the same amount, for the purpose of funding the Community Facilities Agreement—Tavolo Park Phase 4 project(City Project No.102748). DISCUSSION: Pate Ranch Single Family LP(Developer)is constructing Tavolo Park Phase 4(Development)south of Altamesa Boulevard and east of Bryant Irvin Road. The Water Department would like to cost participate to oversize approximately 1,200 linear feet of 8-inch water main to a 24- inch water main. The Tavolo Park Phase 4 project is assigned City Project No. 102748 and Accela System Record IPRC20-0064. In accordance with Chapter 212, Subchapter C of the Texas Local Government Code,the City's participation in the contract is exempt from competitive bidding requirements because the contract is for oversizing public improvements being constructed by the Developer, the Developer will execute a performance bond to cover the total project cost, including all of the City's cost participation, and the City's cost participation will be determined in accordance with the City's community facilities agreement(CFA)unit price ordinance. The City's cost participation in the construction and oversizing of the water mains is estimated to be in an amount not to exceed$169,710.70 as shown in the table below. Payments to the Developer are estimated to be$153,745.79 for construction costs, $8,265.00 for design services, and$3,074.92 for material testing. The remaining City participation in the estimated amount of$4,625.00 will cover the City's portion of inspection fees, administrative material testing fees, and water lab testing fees. A.24"WL Construction Developer City Cost Total Cost Cost 1.Water $934,190.91 $153,745.79$1,087,936.70 2. Sewer $671,334.75 $0.00 $671,334.75 3.Water Contingency 15% $0.00 $23,061.87 $23,061.87 4. Paving $1,845,013.00 $0.00$1,845,013.00 5. Street Lights $271,608.00 $0.00 $271,608.00 6. Storm Drains $0.00 $0.00 $0.00 B. Inspections&Testing 1. Construction Inspection $81,250.00 $3,250.00 $84,500.00 Fee 2. Admin Material Testing $30,037.00 $1,225.00 $31,262.00 Fee 3.Water Lab Fee $3,240.00 $150.00 $3,390.00 4. Material Testing Cost $0.00 $3,074.92 $3,074.92 Contingency C. Design Services Cost $0.00 $8,265.00 $8,265.00 Total Project Cost $3,836,673.66 $192,772.58$4,029,446.24 *Numbers will be rounded up for accounting purposes. The reimbursement of the participation, excluding inspection and material testing fees, is not a lump-sum amount and may be less than the stated amount depending upon the actual quantities and unit prices from the Notice of Final Completion package, commonly referred to as the Green Sheet package. Funding for the Community Facility Agreement(CFA)-Tavolo Park Phase 4 project as depicted in the table below: Existing Additional Fund Project Total* Appropriations Appropriations Water&Sewer Bond $0.00 $192,773.00 $192,773.00 2020A-Fund 56017 J Project Total $0.00 $192,773.00 $192,773.00 *Numbers rounded for presentation purposes. Business Equity Division: Offerors are strongly encouraged to comply with the intent of the City's Business Diversity Enterprise Ordinance to utilized Minority Business Enterprises or Small Business Enterprises on the City-funded portion of the Community Facilities Agreement. This development is located in Council District 6. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are currently available in the Unspecified-All Funds project within the Water&Sewer Bond 2020A Fund and upon approval of the above recommendation and adoption of the attached appropriation ordinance, funds will be available in the Water &Sewer Bond 2020A Fund for the CFA Bucket programmable project to support the approval of the above recommendation and execution of the agreement. Prior to an expenditure being incurred,the Water Department has the responsibility of verifying the availability of funds. Submitted for City Manager's Office by: Dana Burghdoff 8018 Originating Business Unit Head: Chris Harder 5020 Additional Information Contact: Soon Wong 8369