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HomeMy WebLinkAboutContract 58128 Received Date: 09/27/2022 Received Time: 1 0:02 am Developer and Project Information Cover Sheet: Developer Company Name: Wayfare Development Group -Cibolo Hills, LLC Address, State,Zip Code: 5690 Watermelon Rd., Suite 400,Northport AL 35473 Phone &Email: 205-469-1529 jacksonkwayfaredevelopmentgroup.com Authorized Signatory, Title: H. Jackson Wallace, Authorized Representative Project Name: Traffic Signal Modifications to Serve Business 287 &Cibolo Hills Pkwy Brief Description: Traffic Signals Project Location: N Saginaw Blvd, Fort Worth, TX 76179 Plat Case Number: PP-21-0034 Plat Name: Wayfare Addition Mapsco: 018Z Council District: 7 CFA Number: 22-0072 City Project Number: CPN 103515 1 IPRC21-0089 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth,Texas Page 1 of 16 Standard Community Facilities Agreement Rev.7/22 City Contract Number: 58128 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 Wayfare Development Group - Cibolo Hills, LLC ("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 Traffic Signal Modifications to Serve Business 287 &Cibolo Hills Pkwy("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 out 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 City of Fort Worth,Texas Page 2 of 16 Standard Community Facilities Agreement Rev.7/22 connection with the work performed by the contractors. If a conflict exists 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: ❑ Exhibit A: Water ❑ Exhibit A-1: Sewer ❑ Exhibit B: Paving ❑ Exhibit B-1: Storm Drain ❑X Exhibit C-2: Traffic Signal &Pavement Stripes 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-2, 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 City of Fort Worth,Texas Page 3 of 16 Standard Community Facilities Agreement Rev.7/22 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. (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. City of Fort Worth,Texas Page 4 of 16 Standard Community Facilities Agreement Rev.7/22 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. (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 City of Fort Worth,Texas Page 5 of 16 Standard Community Facilities Agreement Rev.7/22 costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with any of the Improvements to be constructed pursuant to this Agreement. 11. Easements and Rights-of-Way Developer agrees to provide,at its expense,all necessary rights-of-way and easements required for the construction and dedication to the City of the Improvements provided for by this Agreement. 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 OF ANY 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 ONACCO UNT OF ANY ACT,INTENTIONAL OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID DEVELOPER, ITS CONTRACTORS, SUB-CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, WHETHER OR NOT SUCH INJURIES,DEATH OR DAMAGES ARE CAUSED,IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS,SERVANTS, OR EMPLOYEES: (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. City of Fort Worth,Texas Page 6 of 16 Standard Community Facilities Agreement Rev.7/22 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 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 parry 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 Wayfare Development Group - Cibolo City of Fort Worth Hills, LLC 200 Texas Street 5690 Watermelon Rd., Suite 400 Fort Worth, Texas 76102 Northport, AL 35473 City of Fort Worth,Texas Page 7 of 16 Standard Community Facilities Agreement Rev.7/22 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 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 City of Fort Worth,Texas Page 8 of 16 Standard Community Facilities Agreement Rev.7/22 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. 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 of Fort Worth,Texas Page 9 of 16 Standard Community Facilities Agreement Rev.7/22 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 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"have the meanings ascribed to those terms by Chapter 2271 ofthe 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. 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 meanings 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 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 City of Fort Worth,Texas Page 10 of 16 Standard Community Facilities Agreement Rev.7/22 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 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. 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. 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. 32. 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. City of Fort Worth,Texas Page 11 of 16 Standard Community Facilities Agreement Rev.7/22 33. 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. 34. Counterparts This Agreement may be executed in multiple counterparts, each of which will be deemed an original, but which together will constitute one instrument. 35. 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 12 of 16 Standard Community Facilities Agreement Rev.7/22 36. Cost Summary Sheet Project Name: Traffic Signal Modifications to Serve Business 287 &Cibolo Hills Pkwy CFA No.: 22-0072 City Project No.: 103515 IPRC No.: 21-0089 Items Developer's Cost A. Water and Sewer Construction 1. Water Construction $ 2.Sewer Construction $ Water and Sewer Construction Total $ B. TPW Construction 1.Street $ 2.Storm Drain $ 3.Street Lights Installed by Developer $ - 4. Signals $ 58,652.22 TPW Construction Cost Total $ 58,652.22 Total Construction Cost(excluding the fees): $ 58,652.22 Estimated Construction Fees: C. Construction Inspection Service Fee $18,750.00 D. Administrative Material Testing Service Fee $122.50 E. Water Testing Lab Fee $0.00 Total Estimated Construction Fees: $ 18,872.50 Choice Financial Guarantee Options,choose one Amount Mark one Bond=100% $ 58,652.22 X Completion Agreement=100%/Holds Plat $ 58,652.22 Cash Escrow Water/Sanitary Sewer=125% $ - Cash Escrow Paving/Storm Drain=125% $ 73,315.28 Letter of Credit=125% $ - Escrow Pledge Agreement=125% 1 $ 73,315.28 City of Fort Worth,Texas Page 13 of 16 Standard Community Facilities Agreement Rev.7/22 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 ZZ�� Wayfare Development Group -Cibolo Hills, Dana Burghdoff(Sep 22,20 15:44 CDT LLC Dana Burghdoff Assistant City Manager By: IMS Development III, LLC Sep 22, 2022 Its Manager Date: /7,7WI(VII 1U6lQM H Jackson Wallace(Sep 22,202214:16 CDT) Recommended by: H. Jackson Wallace Authorized Representative Se 22 2022 Bichson Nguyen(5 22,202214:20 CDT) Date: p Dwayne Hollars/Bichson Nguyen Contract Compliance Specialist Development Services Approved as to Form&Legality: Richard A.McCracken(Sep 22,202215:35 CDT) Richard A. McCracken Sr. Assistant City Attorney M&C No. Date: Sep 22, 2022 Contract Compliance Manager: Form 1295: By signing, I acknowledge that I am the person responsible for the monitoring and �davn�n�� administration of this contract, including ATTEST: p4F FoRp a� �O*� Oo---O- 700,4"° a ensuring all performance and reporting a1.a �d �d0 requirements. 9�ycyceftP S. .cagdk& aJannette S.Goodall(Sep 22,202217:13 CDT) podJannette S. Goodall 0, �� Mall-r//v on beha f of °O°°°°°°0 Ao' Matt Tilly on behalf of(Sep 22,2022 14:32 CDT) City Secretary aaIl nEXpSbap Janie Scarlett Morales Development Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth,Texas Page 14 of 16 Standard Community Facilities Agreement Rev.7/22 The following attachments are incorporated into this Agreement. To the extent a conflict exists between the main body of this Agreement and the following attachments, the language in the main body of this Agreement shall be controlling. Included Attachment ® Attachment 1 - Changes to Standard Community Facilities Agreement ❑ Attachment 2—Phased CFA Provisions ❑ Attachment 3 — Concurrent CFA Provisions 0 Location Map ❑ Exhibit A: Water Improvements ❑ Exhibit A-1: Sewer Improvements ❑ Exhibit B: Paving Improvements ❑ Exhibit B-1: Storm Drain Improvements 0 Exhibit C-2: Street Lights and Signs Improvements 0 Cost Estimates (Remainder of Page Intentionally Left Blank) City of Fort Worth,Texas Page 15 of 16 Standard Community Facilities Agreement Rev.7/22 ATTACHMENT"I" Changes to Standard Community Facilities Agreement City Project No. 103515 None City of Fort Worth,Texas Page 16 of 16 Standard Community Facilities Agreement Rev.7/22 THE CITY OF FORT WORTH TRAFFIC SIGNAL MODIFICATIONS TO SERVE BUSINESS 287 AND CIBOLO HILLS PARKWAY CITY PROJECT NO. 103515 �2 s� OGEE HICKS FIELD M 5 SCALE: 1"=2000' C-0 U` PROJECT LOCATION HICKS FIELD B G�BOvO 0 cp SITE LOCATION MAP MAPSCO#018Z COUNCIL DISTRICT 7 FORTWORTH PREPARED BY: OWNED/DEVELOPED BY: KII 1 IIey>>>Horn IMS DEVELOPMENT 801 CHERRY ST.,UNIT 11,SUITE 1300 5690 WATERMELON RD.,SUITE 400 FORT WORTH,TX 76102 NORTHPORT,AL 35473 PHONE:817-335-6511 PHONE:205-469-1529 EERI CONTACT:H.JACKSON WALLACE-PRESIDENT&COO TBPE REGISTERED ENGINEERING FIRM F-928 CONTACT:A6HISHEK ACHARYA,P.E. IPRC RECORD NO. IPRC21-0089 I TRAFFIC SIGNAL MODIFICATIONS CITY PROJECT NO. 103515 SITE LOCATION MAP TO SERVE BUS 287 AND CIBOLO HILLS PKWY LEGEND STEEL POLE & MAST ARM 1-00' L* SIGNAL HEAD/PED HEAD 2 O TT T MAST ARM SIGNS ---- RIGHTS OF WAY LINE THE CITY OF FORT WORTH TRAFFIC SIGNAL MODIFICATIONS TO SERVE BUSINESS 287 AND CIBOLO HILLS PARKWAY CITY PROJECT NO. 103515 3 Y4F - a - a;:.;' EXISTING ROADWAY MONUMENT AND SIGN c STRUCTURES CPN 102251 y:;•, EXISTING ROADWAY 4-- R.O.W. L R.O.W. t BOULEVARD e : BUSINESS 287 R.O.W. R.O.W. PROP. TRAFFIC SIGNAL RELOCATION PREPARED BY: OWNED/DEVELOPED BY: KImI 1 ley.>>Horn IMS DEVELOPMENT 801 CHERRY ST.,UNIT 11,SUITE 1300 5690 WATERMELON RD.,SUITE 400 FORT WORTH,TX 76102 NORTHPORT,AL 35473 17-335-6511 PHONE:205-469-1529 PHONE: ENGINEERING FIRM F-928 TBPE REGISTERED ENGI CONTACT:H.JACKSON WALLACE-PRESIDENT&COO CONTACT:ABHISHEK ACHARYA,P.E. IPRC RECORD NO. IPRC21-0089 EXHIBIT C-2 TRAFFIC SIGNAL MODIFICATIONS TO SERVE BUS 287 AND CIBOLO CITY PROJECT NO. 103515 TRAFFIC SIGNAL&PAVEMENT STRIPES I HILLS PKWY 00 42 43 DAP-BID PROPOSAL Project Name: Traffic Signal Modifications to Serve BUS 287 at Cibolo Hills Parkway Pagel uf2 CPN: 103515 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification Unit of Bid Description Unit Price Bid Value No. Section No. Measure Quantity UNIT VI:TRAFFIC SIGNAL IMPROVEMENTS 1 10170.0102 Work Order Mobilization (Misc Only) 101 7000 1 EA 1 1 $10,279.91 $10,279.97 2 12605.3016 2" CONDT PVC SCH 80(B) 1260533 I LF I tool $25.01 $2,500.00 3 12605.3025 3"CONDT PVC SCH 80(T) 1260533 I LF I 851 $29.01 $2,465.00 4 12605.3034 4" CONDT PVC SCH 80(B) 1260533 I LF I tool $35.01 $3,500.00 5 13441.1011 Ped Signal Head Assembly 3441 10 EA I 21 $720.001 $1,440.00 6 13441.1031 Audible Pedestrian Push Button 3441 10 EA I 21 $2,089.001 $4,178.00 7 13441.1217 Furnish/Install Hybrid Detection Cable 34 41 10 LF I 181 $2.651 $490.25 8 13441.1224 Furnish/Install Preemption Cable 13441 10 I LF I 171 $2.051 $358.75 9 13441.1311 5/C 14 AWG Multi-Conductor Cable 13441 10 I LF I 5051 $1.901 $959.50 10 13441.1315 20/C 14 AWG Multi-Conductor Cable 13441 10 I LF I 141 $4.701 $681.50 11 13441.1322 3/C 14 AWG Multi-Conductor Cable 13441 10 I LF I 491 $1.501 $742.50 12 13441.1409 NO 8 Insulated Elec Condr 13441 10 I LF I 281 $2.151 $612.75 13 13441.1503 Ground Box Type D,w/Apron 13441 10 I EA I 21 $1,284.001 $2,568.00 14 13441.4001 Furnish/Install Alum Sign Mast Arm Mount 13441 30 I EA I 11 $517.001 $517.00 15 13441.4110 Remove and Reinstall Sign Panel and Post 13441 10 I EA I 11 $704.001 $704.00 16 13471.0001 Traffic Control 13471 13 I MO I 11 $4,908.001 $4,908.00 17 13471.0002 Portable Message Sign 13471 13 I WK I 11 $4,546.001 $4,546.00 18 19999.0026 Remove Existing Ground Box 1000000 I EA I 21 $520.001 $1,040.00 19 1416 6030 DRILL SHAFT(TRF SIG POLE)(24 IN) I TxDOT 416 I LF I 121 $215.001 $2,580.00 20 1416 6031 DRILL SHAFT(TRF SIG POLE)(30 IN) I TxDOT 416 I LF I 11I $370.001 $4,070.00 21 1686 6282 RELOC TRF SG PL AM (S)SNGL MST ARM I TxDOT 686 I EA I 11 $6,821.001 $6,821.00 22 1687 6003 RELOCATE PED POLE ASSEMBLY I TxDOT 687 I EA I 1 $1,345.001 $2,690.00 23 I I I I I I 24 I I I I I I 25 I I I I I I 26 I I I I I I 27 I 28 I 29 I 30 I 31 I 32 I 33 I 34 I 35 I 36 I 37 38 39 40 41 42 43 44 45 TOTAL UNIT VI:TRAFFIC SIGNAL IMPROVEMENTS $58,652.22 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Forth Version May 22.2019 _00 42 43_Bid Pmposal_DAP.xIs 00 42 43 DAP-BID PROPOSAL Paget of2 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project ltem Information Bidders Proposal Bidlist Item Description Specification Unit of Bid Unit Price Bid Value No. Section No. Measure Quantity Bid Summary UNIT VI: TRAFFIC SIGNAL IMPROVEMENTS $58,652.22 Total Construction Bid $58,652.22 This Bid is submitted by the entity named below: BIDDER: BY:Chip an �.,/ Bean Electrical,Inc. 821 E.Enon Fort Worth,TX 76140 TITLE:President DATE: 8/1/22 Contractor agrees to complete WORK for FINAL ACCEPTANCE within 60 days 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 _00 42 43-Bid Proposal_DAP.xIs