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HomeMy WebLinkAboutContract 58610Received Date: 12/16/22 Received Time: 4:38 p.m. Developer and Project Information Cover Sheet: Developer Company Name: NTP35, LP P.O. Box 628, Fort Worth, TX 76101 Address, State, Zip Code: Phone & Email: 817-236-6100; steve(a,mckeever.us Authorized Signatory, Title: Steve McKeever, Manager Project Name: North City Addition Phase 2 Paving Brief Description: Paving, Storm Drain and Signals Project Location: North Tarrant Parkway and I35 Plat Case Number: Not Provided Plat Name: North City Addition Mapsco: 117 E & 117F Council District: 6 CFA Number: CFA22-0184 City Project Number: 1043091 IPRC220161 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Page 1 of 16 Standard Community Facilities Agreement Rev. 9/21 City Contract Number: 58610 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 NTP35, LP ("Developer"), acting by and through its duly authorized representative. City and Developer are referred to herein individually as a "party" and collectively as the "parties." WHEREAS, Developer desires to construct private improvements or subdivide land within the corporate limits of Fort Worth, Texas or its extraterritorial jurisdiction, for a project known as North City Addition Phase 2 Paving ("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 City's 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 City's approval of the Project, Developer is required to meet the additional obligations contained in 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 approved by the City Council of the City ("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 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. City of Fort Worth, Texas Page 2 of 16 Standard Community Facilities Agreement Rev. 9/21 2. Incorporation of Engineering Plans The engineering plans for the Improvements that have been approved by the City ("Engineering Plans") are incorporated into this Agreement by reference as if fully set out herein. Developer shall procure 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 13-1: Storm Drain ® Exhibit C-1: Traffic Signals 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-1, 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 construction of 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. Once the Project has been completed, the City has officially accepted the Improvements, and the City has reconciled the estimated fees and any payments City of Fort Worth, Texas Page 3 of 16 Standard Community Facilities Agreement Rev. 9/21 owed to the City have been paid by Developer as required by section 14 of this Agreement, then the City will release Developer's Financial Guarantee. 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 by September 9, 2024 ("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 if before the expiration of the Term, and any Extension Period, the Developer materially breaches this Agreement, files for bankruptcy, or fails to pay all undisputed costs of construction for the Improvements. (c) Intentionally deleted. (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 reasonable costs incurred by the City in connection with this Agreement, including time spent by the City's inspectors at preconstruction meetings. 9. Award of Construction Contracts City of Fort Worth, Texas Page 4 of 16 Standard Community Facilities Agreement Rev. 9/21 (a) Developer will award all contracts for the construction of the Improvements and cause the Improvements to be constructed in accordance with the CFA Ordinance. (b) Developer will employ construction contractors who meet the requirements of the City to construct the Improvements including, but not limited, to being prequalified, insured, licensed and bonded to construct the Improvements in the City. (c) Developer will require Developer's contractors to provide the City with payment and performance bonds naming the City and the Developer as dual obligees, in the amount of one hundred percent (100%) of the cost of the Improvements as required by the CFA Ordinance. The payment and performance bonds shall guarantee construction of the Improvements and payment of all subcontractors and material suppliers. Developer agrees to require Developer's contractors to provide the City with a maintenance bond naming the City as an obligee, in the amount of one hundred percent (100%) of the cost of the Improvements, that guarantees correction of defects in materials and workmanship for the Improvements by the contractor and surety for a period of two (2) years after completion and final acceptance of the Improvements by the City. All bonds must be provided to the City before construction begins and must meet the requirements of the City's Standard Conditions, Chapter 2253 of the Texas Government Code, and the Texas Insurance Code. (d) Developer will require Developer's contractors to provide the City with insurance equal to or in excess of the amounts required by the City's standard specifications and contract documents for developer -awarded infrastructure construction contracts. The City must be named as an additional insured on all insurance policies. The Developer must provide the City with a Certificate of Insurance (ACORD or form approved by the State of Texas), supplied by each contractor's insurance provider, which shall be made a part of the Project Manual. (e) Developer will require the Developer's contractors to give forty-eight (48) hours' advance notice of their intent to commence construction of the Improvements to the City's Construction Services Division so that City inspection personnel will be available. Developer will require Developer's contractors to allow construction of the Improvements to be subject to inspection at any and all reasonable 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) construct the Improvements required herein. City shall not be responsible for payment of any costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with any of the Improvements to be constructed pursuant to this Agreement. City of Fort Worth, Texas Page 5 of 16 Standard Community Facilities Agreement Rev. 9/21 11. Easements and Rights -of -Way Developer agrees to provide, at its expense, all necessary rights -of -way and easements required for the construction and dedication to the City of the Improvements provided for by this Agreement. 12. Liability and Indemnification (a) DEVELOPER HEREBY RELEASES AND AGREES TO INDEMNIFY, DEFEND AND HOLD THE CITY HARMLESS FOR ANY INADEQUACIES IN THE PRELIMINARY PLANS, SPECIFICATIONS, ENGINEERING PLANS, AND COST ESTIMATES SUPPLIED BY THE DEVELOPER FOR THIS AGREEMENT. (b) THE DEVELOPER COVENANTS AND AGREES TO, AND BY THESE PRESENTS DOES HEREBY FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM ALL SUITS, ACTIONS OR CLAIMS OF ANY CHARACTER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ONACCOUNT OFANYINJURIES OR DAMAGES SUSTAINED BYANYPERSONS, INCLUDING DEATH, OR TO ANY PROPERTY, RESULTING FROM OR IN CONNECTION WITH THE CONSTRUCTION, DESIGN, PERFORMANCE OR COMPLETION OF ANY OF THE IMPROVEMENTS TO BE PERFORMED BY SAID DEVELOPER, ITS CONTRACTORS, SUBCONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, OR IN CONSEQUENCE OF ANYFAILURE TOPROPERLYSAFEGUARD THE WORKON THE IMPROVEMENTS, OR ON ACCOUNT OF ANY ACT, INTENTIONAL OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID DEVELOPER, ITS CONTRACTORS, SUB -CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES. (c) DEVELOPER WILL REQUIRE ITS CONTRACTORS TO FULLYINDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROMALL SUITS, ACTIONS OR CLAIMS OFANYCHARACTER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ON ACCOUNT OF ANY INJURIES OR DAMAGES SUSTAINED BY ANY PERSONS, INCLUDING DEATH, OR TO ANY PROPERTY, RESULTING FROM, OR IN CONNECTION WITH, THE CONSTRUCTION, DESIGN, PERFORMANCE OR COMPLETION OF ANY OF THE IMPROVEMENTS TO BE PERFORMED BY SAID CONTRACTOR, ITS SUBCONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, OR IN CONSEQUENCE OF ANY FAILURE TO PROPERLY SAFEGUARD THE WORK ON THE IMPROVEMENTS, OR ONACCOUNT OFANYACT, INTENTIONAL OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID CONTRACTOR, ITS SUB -CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES. FURTHER, DEVELOPER WILL REQUIRE ITS CONTRACTORS TO FULLY INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES SUFFERED BY THE CITY OR CAUSED ASA RESULT OF SAID CONTRACTORS' OR THEIR SUB -CONTRACTORS' OFFICERS ; AGENTS' OR EMPLOYEES' FAILURE TO COMPLETE THE WORK AND CONSTRUCT THE IMPROVEMENTS INA GOOD AND WORKMANLIKE MANNER, FREE FROMDEFECTS, IN CONFORMANCE WITH THE CFA ORDINANCE, AND IN ACCORDANCE WITH ALL PLANS AND SPECIFICATIONS. City of Fort Worth, Texas Page 6 of 16 Standard Community Facilities Agreement Rev. 9/21 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. 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: Development Coordination Office City of Fort Worth 200 Texas Street City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 DEVELOPER: NTP35, LP P.O. Box 628 Fort Worth, Texas 76101 Page 7 of 16 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, 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. 9/21 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. 9/21 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 of the Texas Government Code. To the extent that Chapter 2271 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not boycott Israel; and (2) will not boycott Israel during the term of this Agreement. 26. 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. 9/21 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. 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. 33. City of Fort Worth, Texas Page 11 of 16 Standard Community Facilities Agreement Rev. 9/21 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. The person signing this Agreement on behalf of City warrants that he or she has the legal authority to execute this Agreement on behalf of the City, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The Developer 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. 9/21 36. Cost Summary Sheet Project Name: North City Addition Phase 2 Paving CFA No.: CFA22-0184 City Project No.: 104309 IPRC22-0161 Items A. Water and Sewer Construction 1. Water Construction 2. Sewer Construction Water and Sewer Construction Total B. TPW Construction 1. Street 2. Storm Drain 3. Street Lights Installed by Developer 4. Signals TPW Construction Cost Total Total Construction Cost (excluding the fees) Estimated Construction Fees: C. Construction Inspection Service Fee D. Administrative Material Testing Service Fee E. Water Testing Lab Fee Total Estimated Construction Fees: Financial Guarantee Options. choose one Developer's Cost $ 342,787.00 $ 13,284.00 $ 339,614.00 $ 695,685.00 $ 695,685.00 $56,250.00 $1,470.00 $0.00 $ 57,720.00 Choice Amount (Mark one) Bond = 100% $ 695,685.00 Completion Agreement = 100% / Holds Plat $ 695,685.00 Cash Escrow Water/Sanitary Sewer= 125% $ - Cash Escrow Paving/Storm Drain = 125% $ 869,606.25 Letter of Credit = 125% $ 869,606.25 X City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 Page 13 of 16 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 banes Bu�Alr7oFG Dana Bur¢hdoff ( c 16. 20 16:33 CST) Dana Burghdoff Assistant City Manager Date: Dec 16, 2022 Recommended by: �Gsy /�4�La1Q,�L Bichson Nguyen (Dec 16, 20 4: ST) Bichson Nguyen Contract Compliance Specialist Development Services Approved as to Form & Legality: /7^_ Richard A. McCracken (Dec 16, 202214:58 CST) Richard A. McCracken Sr. Assistant City Attorney M&C No. Date: Dec 16, 2022 Form 1295: a444Oq� ECRt�OaAd ATTEST: ,� p:a �o�'ao Ovo=4 % o �19./N 0000ll0000 a�� -5 r./Jf/�Li9r� pEop4544a J,4hette S. Goodall (Dec 16, 202216 CST) Jannette Goodall City Secretary City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 DEVELOPER NTP35, LP, a Texas limited partnership By: NTP Investments LLC a Texas limited liability company, its sole general partner mow.&ia— Steve McKeever (Dec 16. 2022 15:57 AST) Steve McKeever, Manager Date: Dec 16, 2022 Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. AV262GG9 Olia&e 014121r Rebecca Diane Owen (Dec 16, 202214:53 CST) Rebecca Owen Development Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 14 of 16 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 ® Location Map ❑ Exhibit A: Water Improvements ❑ Exhibit A-1: Sewer Improvements ® Exhibit B: Paving Improvements ® Exhibit B-1: Storm Drain Improvements ® Exhibit C-1: Traffic Signals ® Cost Estimates (Remainder of Page Intentionally Left Blank) City of Fort Worth, Texas Page 15 of 16 Standard Community Facilities Agreement Rev. 9/21 ATTACHMENT "I" Changes to Standard Community Facilities Agreement City Project No. 104309 Negotiated changes are contained in the body of this Agreement. City of Fort Worth, Texas Page 16 of 16 Standard Community Facilities Agreement Rev. 9/21 1 4� ym^ - QUaila NlSt or LUiar St m GUtlenvL D, K lj p g,nyee Cr �nq lads Eye Rd -Q r Sage River Dr O 3 d WQuail Grove ry c pdc LL = C S E Wild Rye Trail 7 Qlce— P erg oIsla Dr 63. S 7oh 5 Eo �I 00 0 Olive 4"In SCALE: 0 �L _ Bell. 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B z F Ez Acomz Trail j S T a F 2 T gyo 2 = C c � a N' Wino Oa € �,rer Trail o )teH-St L. p " N� A 8 a110 2 Old Pecos Tnil n z Lrvepperidge to p Brahom 0 3 z eFPeddge P Q Toposa Dr .e tr ro rao ay Plinio L, s Hdstehl`f'I er o Sim—rital Rd o i i g i Bernwnt Red Ln p ,a f. 75s tl' Senepol way Preta Wey Plamera l i Ln NORTH CITY ADDITI(C-)"N LOCATED I CITY OF FORT WORTH, ORT H , TEXAS CPN e: 104309 MAPSCO NO.: 117 ]E & ]F OWNER/DEVELOPER: McKeever Companies 2525 Ridgmar Blvd, Suite 440 Fort Worth, Texas. 76116 817-236-6100 AUGUST, 2022 PREPARED BY: r GMcivit Engineering & Surveying 2559 SW p P�vv. c�npe�ne. le,e�-51 evm81I-1 - 73 y W4 () ?'o Uo QZa Fr z` X U� Q Z F � b b W O �z U � Yyf//� P1 0 h �o Z a Za w U U O N F 0 i7 ij T U0 a� m ZaZ F wU O PLATINUM DRIVE Pr � O �p LLo�p �v W W w W Z Z F Z �q J z z Z Q Q zo 0 O O O N N y f�j W W z O O m o F H Z y O O Lu cz W d 1 Lu m o m O ?^ 0 �o z� J< 9 u w m w F h 0 0 co N cn E O o 7 ® 16— u� coo W >_ N W > m x W a% ~ o Y a 0 N V �n o N LL W O CV 4 CV CV O CV Q� Q N 3 v (V I 2 a - I a U I N (V 1 I O Q tL U / N 7 U m 0 C L O O Ld w / C _O d / C O U 0 a U O Z I O (D w O_ w ® 0 ® N W W Z U O U� 0 1 Z W Z vl d N p 0 Q Qi ai C9 vv)i Q H U , w o N IL CL O "' 0 W 0 �0 F cC W d W 1 L V Z , W ZZ � O wIU O � J \\ a U 0 N F o N u ull ago \ e0 N G y Z u F x F c� o � x u o ui N Q) PLATINUM DRIVE 10, x I Q y ,e4- v � > m X w h as o If 010 e" ��ee oo e u ° o a � / �, o P♦J o� o • � X F H aL O U o 0 Nw m a o c s � �o O ��mtt W Z wo e U U V P 0 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM North City Addition Phase 2, CPN 104309 UNIT PRICE BID 00 42 43 DAP - BID PROPOSAL Ngc I of 3 Bidder's Application Project Item Information Bidder's Proposal Bidlist Item DescriptionSection Specification Unit of Bid Unit Price Bid Value No. No. Measure Quantity UNIT I: DRAINAGE IMPROVEMENTS 1 0241,4101 Remove 10' Recessed Inlet 0241 14 EA 1 $700.00 $700.00 2 3341 0201 21' RCP, Class IIIM yµWrc 3341 10 LF mm H 7 LL $160.00 _ $1,120 00 3 .._........ 3349.6001 10' Recessed Inlet _ _.._._..- 334920 EA 1 $10 500.00 $10,500 00 4 _._ ... 9999.0001 Connect to Ex. 21" RCP _.__. ..,-_.b. ty _ .. ._-. �_ - ._ ,.. �...... __, 00 00 00 EA 1 $950.00 ..-._ $950.00 5 3305.0109 Trench Safety 33 OS 10 LF 7 $2.00 $14.00 TOTAL UNIT I: DRAINAGE IMPROVEMENTS $13,284.00 UNIT II: PAVING IMPROVEMENTS 1 .,.. _ 0241.0100 Remove Sidewalk ._... . _.. __,... 0241 13 SF E, 1920 $2 00._ _0. 53840 00 .. 2 0241 0300 Remove ADA Ramp 02 41 13 EA _.. _ -2 _ 3 0241.1300 Remove Conc Curb &Gutter 02 41 15 _ LF 910 $11.00 $10,010.00 4 3211.0502 8" Lime Treatment 32 11 29 SY 1587 $13.00 $20 631.00 5 3211.0400 Hydrated Limey 32 11 29 TN 40 $384 00 $14,560 00 6 _... w 3213-.0104 9" Conc Pvmt �._ ,_.._-_._._-.__.._..... _._.____ _...__..____ 32 13 13 _ SY .._ 1447 $113 00 $163,511 00 .. 7 9999.0002 Connect to Existing Pavement 00 00 00 LF 910 M $23 00mm$20 930;00 8 3213.0301 4" Conc Sidewalk 32 13 20 SF 1975 $10.00 $19 750.00 9 3213.6506 Barrier Free Ramp Type P-1 32 13 20 EA 2 $2 500 00 $5 000.00. - 10 3213 0505 Barrier Free Ramp Type M 3 _.__- _....... _ _ 33 13 20 $2,900.00 11 .-.._..__.__._......-. . 9999.0002 Barrier Free Ram , Type C-3 Modified I ._ 34 13 20EA _E? _. _ -1 1 _...._$,0.910, $4 800.00 ... $4,800 00 12 3291.0100 To 3291 19 CY 123 $115.00 _ $14,145.00 13 3292A100 Block Sod Placement �„ e 32 92 13 SY 740 $9.00 $6 660.00 14 3217.0101 6 SLD Pvmt Marking HAS ( LF 645 ___,._ $2_00 _ $1 290,00 15 3217.0401 18 SLD Pvmt g Markin HAE (1N) 321723 LF 40 - 16 3217.0502 Preformed Thermoplastic Contrast Markings - 24 Crosswalk 3217 23 - LF �322 $28 00 $9r016.00 17 3217.0504 Preformed Thermoplastic Contrast Markings - 24 Stop Bars 32 17 23 LF 192 $28 00 _ $5 378.00 - 18 _ .-__.._. 3217.1002 Lane Legend Arrow _._ ....__. _.-..__.� _..._ --... _._. _. 3217 23 EA 7 $260.00 . $1,820.00 1.00 19 3217.1003 Lane Legend DBL Arrow 3217 23 EA 2 $420.00 $840w 20 3217.1004 Lane Legend Only 32 17 23 EA 3 $290.00 $870.00 21 9999.0003 4" Broken Pvmt Marking (W) ......T_...... 321723 _..... LF „ _ 22 $1.00 ... _... _..... $22.00 22 9999 0004 Yield Line Marking (V� 3217 23 LF. 11 $17 00 $187 00 23 (W) 9999.0005 Dotted Guide Line _�.-- 3217 23 LF 360 - $3.00 $1 080.00 24 32174301 Remove 4" Pvmt Marking 3217 23 LF 635 $1 00 $635.00 - 25 _ 3217.4402 Remove Lane Legend Arrow - 4 32 17 23 EA 3 .... _ $64.00 _ $192.00 26 9999.0006 End of Road Barricade 00 00 00 LF 74 $43.00 _ 27 adr etHee 9999.001)7 Concr.e _.,..m �..4.-.„_. �._...._... 00 00 00 .�.._. __...�._ LF ..._� . 76 $15.00 __..33182.00 $ 1 ...�..� _ ..,.140.00 28- 0171 0101_Construction Staking 0171 23 EA 1 $8,000.00 -_ _ $8,000.00 29 3471.0001 Traffic Control 3471 13 MO 3 $7 000.00 $21 000.00 TOTAL UNIT II: PAVING IMPROVEMENTS $342,787.00 CITY OF PORT WORTI I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form V-im, Mar'_2, 2019 00 42 43 Bid Proposal - Nonh City Addition Phase 2 - Paving & Signal SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM North City Addition Phase 2, CPN 104309 UNIT PRICE BID 00 42 43 DAP -RID PROPOSAL Page 2 of 3 Bidder's Application Project Item Information Bidders Proposal Bidlist Item Description Specification Unit of Bid Unit Bid Value No. Section No. Measure Quantity UNIT III: TRAFFIC SIGNAL IMPROVEMENTS 1 2605.3015 2" CONDT PVC SCH 80 (T) 26 OS„33 w LF 190 $35 00 $6 650.00 2 2605.30 55 3" CONDT PVC SCH 80 (T) 26 05 33 LF 130 $42 00 $6 460, 00 w 3 W TMN 2605.3033 4" CONDT PVC SCH 80 (T) _,:._. _. ._.._... _. _-. - 260533 LF _,.150 $51 00, --_ _ $7,650.00 4 - 3,i41.1001 Fumish/ Install 3-Sect Signal Head Assembly 34 41 10 -EA 5 3441 1010 Remove Signal Head Assembly 34 41 10 EA 6 $40000 „ .K _.,� $2,400 00 6 3441.1012 Furnish/ Install Ped Sgnal Head Assmbly 34 41 10 EA 8 $1,100,00.... $8,800,00 7 3441 1016 Remove Ped Signal Head Assembly 3441 10 EA 6 $250 00, 8 34411031 Furnish/ Install Audible_ Pedestrian Pushbutton Station 34 41 10 _ EA 8 $1_,200.00 _ _ $9,600.00 9 3441.1033 Remove Pedestrian Pushbutton Station _ �� ._e _-_ 34 41 10 EA 6 $175.00 $1,050.00 _ _, 10 3441 _1209 Fumish/Install BBU System EXT Mounted - 34 41 10 EA 1 $1,1 500_00, 11 3441.1215 Furnish/ Install Hybnd Detection Device 3441 10 EA 4 $11 600 00 .. $46 400.00 12 3441.1236 Remove Detection Device 34 41 10 APR 2 $352.00 „ $700.00 13 3441.1250 Furnish/ Install PTZ Camera 3441 10 EA 1 14 .. .......-. .. 3441-1260 Furnish/ Install CATS Ethernet Cable .._ ............. _.. ._...._-. .. __..._...-_ .... _ 3441 10 _ .. EA .-..._.. 1108 .. ...... . . . $4 00 $4 432.00 15 _ 3441.1311 5/C 14 AWG MuIU Cond -ctor Cable u 34 41 10 LF 70 .......... ....... $3.00 .. _._.1._ .._.... $210.00 16 3441.1312 7/C 14 AWG Multi Conductor Cable 3441 10 LF 483 $4 00 $1,932.00 17 3441 1314 10/C 14 AWG Multi Conductor Cable 3441 10 LF 1155 $5 00 $5,775 00 18 -- 3441.1315 20/C 14 AWG Multf Conductor Cable _.__-_ -------- -- - - - 34 41 10 LF 260 __ $8.00 19 3441 1322 3/C 14 AWG Multi -Conductor Cable 3441 10 LF 1625 $3.00 _$4 875.00 20 3441.1410 NO 10 Insulated Elec Condr 3441 10 LF 620 $2.00 $1 240.00 21 _ 3441.1414 NO 8 Bare Elec Condr _,._ e _ _ _ -- _._ �._ 3441 10 LF m _ 470 _ - $3.00_. $1410 00 22 3441 1501 Furnish/ Install Ground Box Type B - _ _.... _ . 34 41 23 3441 1502 Fumish/ Install Ground Box Type B w/Apron _ 34 41 10 _. EA __.„ 1 $2,40000 $2 400 00 24 3441.1507 Remove Ground Box 3441 10 EA 2 $625.00 �$1 2_550.00, 25 3441. 1603 Furnish/ Install 10 20 Ped Pole Assmbly 34 41 10 EA 5 „ „„„ $11700.00 „ $8 500.00 26 3441.1615 Fumish/Install Type 45 Signal Pole 34 41 10 EA 2 $264400 00 $82,,800.00 27 3441. 1 625 Furnishl Install Mast Arm 52 60' _- 3441 10 _....1 EA� � _ 2 $15 700.00 - _ 28 34411701 TY 1 Signal Foundation _ g 34 41 10 EA 5 $1 900.00 $9 50000 29 3441 1705 TY 5 Signal Foundation _.. _.__.._._.. _.,_--,-----_ _ 34 41 10 EA.-- _. 2 $10,300_00 $20,600_09 30 a 11725 Furnish/ Install ATC Signal Controller 3441 10 EA ._...._.-.__ 1 $5 500,00 _. . $S,SOOAO 31 3441;1741 Fumish/Install 352i Controller Cabinet Assembly � � 34 41 10 EA - _ _ 14 ..... ��$33 000.00 $33 000.00 32 3441.1749 Remove Signal Controller Cabinet Assembly g 34 41 10 - EA 1 - $1,900.00r „ _ "„ -� $1 900.00 -33 3441.2002 Dispose/Salvage of Pole and Mast Arm Assembly _ 34 41 13 EA 1 $2r300.00 - $2,300 00 ... 34 3441.2003 Remove Signal Pole � „ , „ _ ,�.-._. 34 41 13A - _. � EA- 1 $1,700 00 _-„$1„700 00 35 3441.4001 Furnish/ Install Alum Sign Mast Arm Mount _ ,. 34 41 30 EA 15 $800.00 _.a $12,000.00 36 3441 4109 Remove Sign Panel - 34 41 30 EA 37 Traffic Control (Signal Work Only) EA 1 $5,200.00 $5 200.00 TOTAL UNIT III: TRAFFIC SIGNAL IMPROVEMENTS $339,614.00 CITY 01: FORT WORTI I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Fnnn V-mn May 22. 2019 W 42 43 Rid Proposal - Nomh City Addition Phew 2 -Proving & Signal SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM North City Addition Phase 2, CPN 104309 UNIT PRICE BID 00 42 43 DAP - BID PROPOSAL Pa€c 3 01"3 Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification Unit of Bid No. Description Section No. Measure Quantity Unit Price Bid Value Bid Summary UNIT I: DRAINAGE IMPROVEMENTS UNIT II: PAVING IMPROVEMENTS UNIT III: TRAFFIC SIGNAL IMPROVEMENTS This Bid is submitted by the entity named below: BIDDER: Jackson Construction, LTD 5112 San Valley Dr. Ft. Worth, TX 76119 Contractor agrees to complete WORK for FINAL ACCEPTANCE within CONTRACT commences to run as provided in the General Conditions. CITY OF FORT WORTII STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVROPER AWARDED PROIGC"I'S Ibnn Vc, i n Matr 22, 2019 $13,284.00 $342,787.00 $339,614.00 Total Construction Bid Troy L. Jackson BY: /� rr DATE: P1I �ISident 11-28-2022 END OF SECTION 180 working days after the date when the 00 42 43 13id Proposal - North Cnt Addition Phase 2 - Paving & Signal