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HomeMy WebLinkAboutContract 50644 Received Date:41 1 t9l Received Time: 3 `t t,D 1Y\ Developer and Project Information Cover Sheet: Developer Company Name: 351 Development,LLC Address, State,Zip Code: 2727 Routh St.,Dallas,TX 75201 Phone&Email: 214-455-8759,steve.gee@geedevelopment.com Authorized Signatory,Title: Steve Gee,Manager Project Name: Live Oak Creek Phase 4 Brief Description: Water, Sewer,Paving, Storm Drain Project Location: White Settlement Rd west of Chapel Creek Blvd Plat Case Number: FP-17-129 Plat Name: Live Oak Creek Mapsco: 57P Council District: 7 CFA Number: 2017-193 City Project Number: 101319 OFFICIAL RECORD City of Fort Worth,Texas CITY SECRETARY Standard Community Facilities Agreement-Live Oak Creek Phase 4 FT.WORTH,TX CFA Official Release Date:02.20.2017 Page 1 of 11 STANDARD COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. 6+t— WHEREAS, 351 Development, LLC , ("Developer"), desires to make certain specific improvements as described below and on the exhibits attached hereto("Improvements")related to a project generally described as Live Oak Creek Phase 4 ("Project") within the City or the extraterritorial jurisdiction of Fort Worth, Texas("City"); and WHEREAS, the City has no obligation to participate in the cost of the Improvements or Project; and WHEREAS,any future City participation in this CFA is subject to the availability of City funds and approval by the Fort Worth City Council and shall be memorialized as an amendment to this Agreement; and WHEREAS, the Developer and the City desire to enter into this Community Facilities Agreement ("CFA" or "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: General Requirements A. The Policy for the Installation of Community Facilities ("Policy") dated March 2001, approved by the City Council of the City of Fort Worth, as amended, is hereby incorporated into this Agreement as if copied herein verbatim. Developer agrees to comply with all provisions of said Policy in the performance of its duties and obligations hereunder and to cause all contractors hired by Developer to comply with the Policy in connection with the work performed by said contractors. B. Developer shall provide financial security in conformance with paragraph 6, Section II, of the Policy and recognizes that there shall be no reduction in the collateral until the Project has been completed and the City has officially accepted the Improvements. Developer further acknowledges that said acceptance process requires the Developer's-eentractor(s) City of Fort Worth,Texas OFFICIAL RECORD Standard Community Facilities Agreement-Live Oak Creek Phase 4 CITY SECRETARY CFA Official Release Date:02.20.2017 Page 2 of 11 FT.WORTHY'1 to submit a signed affidavit of bills paid and consent of Surety signed by its surety to ensure the contractor has paid any sub-contractor(s) and suppliers in full. Additionally, the contractor will provide in writing that the contractor has been paid in full by Developer for all the services provided under this contract. C. 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 the City-approved construction plans, specifications and cost estimates provided for the Project and the exhibits attached hereto. D. The following checked exhibits describe the Improvements and are incorporated herein: Water(A) 2_ Sewer(A-1) Z. Paving(B) Z. Storm Drain(B-1) Z. Street Lights& Signs (C) a E. The Developer shall award all contracts for the construction of the Improvements in accordance with Section II,paragraph 7 of the Policy and the contracts shall be administered in conformance with paragraph 8, Section 11, of the Policy. Developer shall ensure its contractor(s)pays the then-current City-established wage rates. F. For all Improvements included in this Agreement for which the Developer awards construction contract(s),Developer agrees to the following: i. To employ a construction contractor who is approved by the director of the department having jurisdiction over the infrastructure to be constructed, said contractor to meet City's requirements for being prequalified, insured, licensed and bonded to do work in public ways and/or prequalified to perform water/wastewater construction as the case may be. ii. To require its contractor to furnish to the City a payment and performance bond in the names of the City and the Developer for one hundred percent (100%) of the contract price of the infrastructure,and a maintenance bond in the name of the City for one hundred percent (100%) of the contract price of the infrastructure for a period of two (2)years from the date of final acceptance insuring the maintenance and repair of the constructed infrastructure during the term of the maintenance bond. All bonds to be furnished before work is commenced and to meet the requirements of Chapter 2253, Texas Government Code. City of Fort Worth,Texas Standard Community Facilities Agreement-Live Oak Creek Phase 4 CFA Official Release Date:02.20.2017 Page 3 of 11 iii. To require the contractor(s) it hires to perform the construction work contemplated herein to provide 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 shall be named as additional insured on all insurance required by said documents and same will be evidenced on the Certificate of Insurance (ACORD or other state-approved form) supplied by the contractor's insurance provider and bound in the construction contract book. iv. To require its contractor to give 48 hours advance notice of intent to commence construction to the City's Construction Services Division so that City inspection personnel will be available;to require the contractor to allow the construction to be subject to inspection at any and all times by City inspection forces,to not install or relocate any sanitary sewer, storm drain, or water pipe unless a responsible City inspector is present and gives his consent to proceed, and to make such laboratory tests of materials being used as may be required by the City. V. To require its contractor to have fully executed contract documents submitted to the City in order to schedule a Pre-Construction Meeting. The submittal should occur no less than 10 working days prior to the desired date of the meeting. No construction will commence without a City-issued Notice to Proceed to the Developer's contractor. vi. To delay connections of buildings to service lines of sewer and water mains constructed under this Agreement, if any, until said sewer and water mains and service lines have been completed to the satisfaction of the Water Department. G. Developer shall provide at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to construct the improvements under this Agreement. H. Developer shall cause the installation or adjustment of the required utilities to serve the development or to construct the Improvements required herein. I. 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 community facilities to be installed hereunder. City of Fort Worth,Texas Standard Community Facilities Agreement-Live Oak Creek Phase 4 CFA Official Release Date:02.20.2017 Page 4 of 11 J. Developer hereby releases and agrees to indemnify, defend and hold the City harmless for any inadequacies in the preliminary plans,specifications and cost estimates supplied by the Developer for this Agreement. K. Developer agrees to provide, at its expense, all necessary rights of way and easements across property owned by Developer and required for the construction of the current and future improvements provided for by this Agreement. L. The Developer further 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 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 work to be performed by said Developer, its contractors, subcontractors, officers, agents or employees, or in consequence of any failure to properly 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 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. M. Developer will further 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 in any way connected with,the construction of the infrastructure 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, and hold harmless the City for any losses, damages, costs or expenses suffered by the City or caused as a result of said contractor's failure to complete the work and construct the improvements in a good and workmanlike manner, free from defects, in conformance with the Policy, and in accordance with all plans and specifications. City of Fort Worth,Texas Standard Community Facilities Agreement-Live Oak Creek Phase 4 CFA Official Release Date:02.20.2017 Page 5 of 11 N. 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 the Developer with its contractor along with an assignment of all warranties given by the contractor,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. O. Inspection and material testing fees are required as follows: i. Developer shall pay in cash water and wastewater inspection fees and material testing fees equal to two percent(21/o)for a total of 4% of the developer's share of the total construction cost as stated in the construction contract. ii. Developer shall pay in cash paving and storm drain inspection fees equal to four percent (4%) and material testing fees equal to two percent (2%) for a total of 6% of the developer's share of the total construction cost as stated in the construction contract. iii. Developer shall pay in cash the total cost of streetlights or if the city is not installing the streetlights, inspection fees equal to four percent (4%) of the developer's share of the streetlight construction cost as stated in the construction contract. iv. Developer shall pay in cash the total cost of street signs. P. COMPLETION WITHIN 2 YEARS i. Developer shall complete the Improvements within two (2) years, provided, however, if construction of the Improvements has started within the two year period,the developer may request that the CFA be extended for one additional year. ii. Nothing contained herein is intended to limit the Developer's obligations under the Policy, this Agreement, its financial guarantee, its agreement with its contractor or other related agreements. iii. The City may utilize the Developer's financial guarantee submitted for this Agreement to cause the completion of the construction of the Improvements if at the end of two(2)years from the date of this Agreement(and any extension period) the Improvements have not been completed and accepted. iv. 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 City of Fort Worth,Texas Standard Community Facilities Agreement-Live Oak Creek Phase 4 CFA Official Release Date:02.20.2017 Page 6 of 11 construction of same before the expiration of two (2) years if the Developer breaches this Agreement, becomes insolvent or fails to pay costs of construction and the financial guarantee is not a Completion Agreement. If the financial guarantee is a Completion Agreement and the Developer's contractors and/or suppliers are not paid for the costs of supplies and/or construction, the contractors and/or suppliers may put a lien upon the property which is the subject of the Completion Agreement. Q. 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 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" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, 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 the contract. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) City of Fort Worth,Texas Standard Community Facilities Agreement-Live Oak Creek Phase 4 CFA Official Release Date:02.20.2017 Page 7of11 Cost Summary Sheet Project Name:Live Oak Creek Phase 4 CFA No.: 2017-193 City Project No.: 101319 An Engineer's Estimate of Probable Cost is acceptable. However,the construction contract price will ultimately determine the amount of CFA fees and financial guarantee. The bid price and any additional CFA payments will be required prior to scheduling a pre-construction meeting. An itemized estimate corresponding to each project-specific exhibit is required to support the following information. Items Developer's Cost A. Water and Sewer Construction 1. Water Construction $ 259,154.67 2.Sewer Construction $ 342,321.73 Water and Sever Construction Total $ 601,476.40 B. TPW Construction 1.Street $ 472,364.30 2.Storm Drain $ 319,027.98 3.Street Lights Installed by Developer $ - 4. Signals $ - TPW Construction Cost Total $ 791,392.28 Total Construction Cost(excluding the fees): $ 1,392,868.68 Construction Fees: C. Water/Sewer Inspection Fee(20/6) $ 12,029.52 D. Water/Sewer Material Testing Fee(20.6) $ 12,029.52 Sub-Total for Water Construction Fees $ 24,059.04 E. TPW Inspection Fee(4%) $ 31,655.69 F. TPW Material Testing(2%) $ 15,827.85 G. Street Light Inspsection Cost $ - H. Signals Inspection Cost $ H. Street Signs Installation Cost $ Sub-Total for TPW Construction Fees $ 47,483.54 Total Construction Fees: $ 71,542.58 Choice Financia!Guarantee Options,choose one Amount Mark one' Bond=100% $ 1,392,868.68 Completion Agreement=100%/Holds Plat $ 1,392,868.68 x Cash Escrow Water/Sanitary Sewer=125% $ 751,845.50 Cash Escrow Paving/Storm Drain=125% $ 989,240.35 Letter of Credit=125%w/2yr expiration period $ 1,741,085.85 City of Fort Worth,Texas Standard Community Facilities Agreement-Live Oak Creek Phase 4 CFA Official Release Date:02.20.2017 Page 8 of 11 ACCORDINGLY,the City of Fort Worth and Developer have each caused this instrument to be executed in quadruplicate in each entity's respective name by its duly authorized signatories effective as of the date executed by the City's City Manager or his/her designee. CITY OF FORT WORTH DEVELOPER 9 N�V�LJ 351 Development,LLC Jesus J.Chapa(Apr 17,2418) Jesus J. Chapa Assistant City Manager +(r�.� Date: Apr 17,2018 S (Apr6 16,2018) Name: Steve Gee Recommended by: Title: Manager Date: Apr 16,2018 Evelyn R. <i (Apr1l5 7,2018) Evelyn Roberts/Jennifer Ezernack Project Assistant Planning and Development Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and Approved as to Form &Legality: administration of this contract, including ensuring all performance and reporting requirements. Richard A.McCracken(Apr 17,2018) Richard A. McCracken Tanie SGarl&,�t Morales Assistant City Attorney Janie Scarlett Morales(Apr 17,2018) M&C No. N/A Name: Janie Morales Date: Title: Development Manager Form 1295: N/A IF O&F ATTEST: 4?►� Mary J Kayser(Apr 17,2018) 1 Mary J. Kayser/Ronald Gonzal •as• City Secretary/Assistant City Sec E ECORD City of Fort Worth,Texas $ 'I'ARY Standard Community Facilities Agreement-Live Oak Creek Phase 4 CFA Official Release Date:02.20.2017 H,TX Page 9 of 11 Check items associated with the project being undertaken; checked items must be included as Attachments to this Agreement Included Attachment © Attachment 1 -Changes to Standard Community Facilities Agreement ® Location Map 4 Exhibit A:Water Improvements Water Cost Estimate Exhibit A-1: Sewer Improvements Sewer Cost Estimate Exhibit B: Paving Improvements Paving Cost Estimate Exhibit B-1: Storm Drain Improvements ❑ Storm Drain Cost Estimate Exhibit C: Street Lights and Signs Improvements Street Lights and Signs Cost Estimate (Remainder of Page Intentionally Left Blank) City of Fort Worth,Texas Standard Community Facilities Agreement-Live Oak Creek Phase 4 CFA Official Release Date:02.20.2017 Page 10 of 11 ATTACHMENT"I" Changes to Standard Agreement Community Facilities Agreement City Project No. 101319 None City of Fort Worth,Texas Standard Community Facilities Agreement-Live Oak Creek Phase 4 CFA Official Release Date:02.20.2017 Page 11 of 11 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE Live Oak Phase 4 UNIT PRICE BID Bidders's Application Venus Construction Company,Inc Project Item Information 1426 S.Main Mansfield,TX 76063 Bidlist Item Specification Unit of No. DescriptionSectionNo. Measure Bid Qumury Unit Price Bid Value WATER IMPROVEMENTS 1 8"PVC Water Pipe 33 11 12 LF 3.395 S29.76 S101,035.20 2 CSS Encasement for Utility Pipes 33 OS 10 LF 160 $62.76 $10,041.60 3 l"Water Service 33 12 10 EA 100 5842.90 $84,290.00 4 8"Gate Valve 33 12 20 EA 7 S1,302.99 $9,120.93 5 Fire Hydrant 33 12 40 EA 4 $4.202.91 516,811.64 6 Ductile Iron Water Fittings w/Restraint 33 11 11 TON 3 $5,112.73 $15,338.19 7 8"Waterline Lowering 33 05 12 EA 61 S2,986.77 S17,920.62 8 Connection to Existing 4"-12"Water Main 33 1225 EA 3 5519.57 $1,558.71 9 Trench Safety 3305 10 LF 3,3951 $0.81 $2,749.95 10 4"-12"Pressure Plug 0241 14 EA l 1 $287.83 $287.83 TOTAL WATER IMPROVEMENTS 5259,154.67 SANITARY SEWER IMPROVEMENTS I 1 8"Sewer Pipe 33 31 20 LF 3,295 $36.97 S 121,816.15 12 12"Sewer Pipe 33 1110.33 31 LF 275 547.33 S13,015.75 12,33 3120 13 4'Manhole 33 39 20 EA 11 $3,629.98 $39,929.78 14 CSS Encasement for Utility Pipes 330510 LF 152 $62.76 $9,539.52 15 4'Extra Depth Manhole 33 39 20 VF 25 5505.41 $12,635.25 16 Manhole Vacuum Testing 330130 EA 11 $153.82 $1,692.02 17 4"Ductile Sewer Service W/Flowfill 3305 10 EA 4 $4,798.30 $19,193.20 18 4"Sewer Service 33 31 50 EA 96 $1,102.96 S105,994.16 19 Steel Encasement for Utility Pipes 331110 LF 60 $134.45 $8,067.00 20 Connect to Existing 8"Sanitary Sewer 33 31 20 EA 1 $377.38 $377.38 21 Connect to Existing 12"Sanitary Sewer 33 31 20 EA t $475.82 5475.82 22 Trench Water St 33 05 15 EA 8 $350.70 $2,805.60 23 Trench Safety 33 05 10 LF 3,3701 50.32 $1,142.40 24 Post-CCTV Inspection 1 330131 1 LF 1 3,5701 51.61 $5,747.70 TOTAL SANITARY SEWER IMPROVEAZENTS 5342,321.73 STORM DRAIN IMPROVEMENTS 25 42'RCP,Clam 111 334110 LF 452 $167.11 $75,533.72 26 36"RCP,Class 111 3341 10 LF 37 $132.98 54,92026 27 30'RCP,Class 111 3341 10 LF 29 $112.61 $3,265.69 28 24'RCP,Class 111 3341 10 LF 933 $79.99 $74,630.67 29 21'RCP,Class 111 33 41 10 LF 257 S70.74 $18,180.18 30 IT Curb Inlet 33 49 20 EA 5 54,152.94 $20,764.70 31 15'Curb Inlet 33 49 20 EA 6 $5,321.92 531,931.52 32 4'Storm Junction Box 33 49 10 EA 2 S4,399.04 S8,798.08 33 4'x4'Closed Riser w/3 openings 334910 EA I S4,152.94 $4,152.94 34 5'x5'Closed Riser w/3 openings 34 49 10 EA 1 $4,645.14 S4,645.14 35 42'TxDOT Std Headwall,CH FW-0 34 49 40 EA 1 $14,396.85 $14,396.85 36 36"Std Sloped Headwall 33 49 40 EA I S 1,784.23 S 1,784.23 37 Modified CH-FW-0TXDOT Headwall 334940 EA 1 1 $23,994.75 $23,994.75 38 Large Stone Riprap,grouted 313700 SY 165 $113.21 $18,679.65 39 4'Concrete Flume 33 49 40 LF 136 $94.14 $12,803.04 40 Trench Safety 3305 10 LF 1 1,7091 $0.32 $546.56 TOTAL STORM DRAIN IMPROVEMENTS 5319,027.98 Bid Summary Base Bid Water Improvements 5259,154.67 Sanitary Sewer Improvements S342,321.73 Storm Drain Improvements 5319,027.98 Payment&Performance Bonds $15,912.03 MaintenanceBond $24,489.42 Total Base Did S960,905.83 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE Live Oak Phase 4 UNIT PRICE BID Bidders's Application Glko Cmbscdn&Inc Project Item Information 6331 Southwest Blvd Besbroolt,TX 76133 Bidlist Item Specification Unit of No. Section No. Meaame Bid Quantity Unit Puce Bid Value PAVING IlNPROVEMENTS 3213.0101 6"Cone Pvmt 32 13 13 SY 10,934 $32.95 5360,27530 3213.0301 4"Coot Sidewalk 32 13 20 SF 4.480 $5.00 522,400.00 3211.0501 6"Lime Treatment 32 11 29 SY 11.688 53.00 $35,064.00 3211.0400 Hydrated Lime 32 11 29 TN 187 S 155.00 S28,995. 3213.0501 Barrer Free Ramp,Type R-1 321320 EA 3 $2,000.00 $6,000.00 3213.0504 Barrier Free Ramp.Type M-2 32 13 20 EA 3 $1,950.00 $3,850.00 3213.0506 Barrier Free Ramp,Type P-1 32 1320 EA 3 $1,650.00 54,950.00 9999.0014 Connect to Ea Street Header 32 13 13 LF 87 S10.00 $870.00 9999.0015 Remove End of Road Barricade 0241 13 EA 3 5500.00 $1,500.00 0241 AM Remove Rip Rap 0241 13 SF 720 $1.50 51,080.00 9999.0013 Street Sign 34 41 30 EA 29 $10.00 S290.00 9999.0011 jEnd of Rood Barricade 34 4130 EA 1 $1,500.00 $1,500.00 TOTAL PAVING 12111PROVEN ENTS I 5468,76430 STREET SIGNS 9999.0012 IStreet Sip 1 34 41 30 EA 24 $150.001 $3,600.00 TOTAL PAVING WIPROVENW-MI 53,600.00 Bid Summary Base Bid Pavia hn ve nts $468,764.30 Street Signs 53,600.00 Payment&Performance Bond $100.00 Maintenance Bond $7,500.00 Total Bax Bid 5479,964.30 7 Chedee Money contract Manager Gil co Contract[ c. SITE N CEM WHITE SE >7 ENT ROAD p O w ��FF�kC J Gy�Q- ¢m G� > B[vi)T POINT 0 a m WEST POINT m BLVD m 1-30 w U W Q U 0 CAMP BOWIE W BLVD P ON 0�O I-30 OWNER/ DEVELOPER: I PELOTON LIVE OAK 351 DEVELOPMENT, LLC LAND 'o`UTIDN, NORTH PHASE 4 P.O. BOX 1122 9800 HISUITE 5PE OD OARKWAY NOT TO SCALE ARGYLE, TEXAS 76226 FORT WORTH, TX 76177 DATE: NOVEMBER, 2017 PHONE: 214-455-8759 PHONE: 817-562-3350 NO COMMITS MR 212118 2 a a s e 7 — e e 10 11 12 13 14 15 to 17 FR12S ONTIERD I +s•sAr+RARr RIVE EXISTING ]EWER EASEMENT _ DRAINAGE —EASEM uGAS EA9ENENr I nTNOe F1FAGY GORPOPAnON 1 2 I CRT.T. T.. ] 4 I I ,m) 10 e e 7 e e 11 K (REN 10D) a m m It to n 1e to a 1] u I I I I o 9 Ii Ill p WENDY WAY BUCKTHORN DRIVE o N — m0 � I I 41 t x ] 4 s e 7 e 9 tD 11 I I 4a w I z I 2' 17 I I a u m 1e /e 1e 1e u u 1x m \ I DIXON COURT n I • ' TNGS ENERGY CORW RATION � b INSTMO2191318571 ' A C R.T C. tOT. (ITEM h) w 29 m a m a 24 Is n I I I x I a I v ]I n u 1s a 1e to n to to m n �J a 11�'oN I oG mGDim 1"j, mo O w _ I � _ �$y� mo N • 1e n m r u x] r m m n m m Zm0 I I — ELKO DRIVE I . T1E w 4 u > I � I o I 1112 L ARLIN DRIVE ' 0 Il it t] 1a , • a . • r r • • • . • • • •� EAS ENT A TNOS MERG LEGEND --�� PROPOSED GATE VALVE ---�Q- EXIST GATE VALVE PROPOSED FIRE HYDRANT EXIST FIRE HYDRANT NOTE:ALL PROPOSED WATER LINES ARE 8" UNLESS OTHERWISE NOTED EXHIBIT A - WATER OWNER/DEVELOPER: " pELOTON LANTIONS 0 NORTH 250 LIVE OAK 351 DEVELOPMENT, LLC II WO .DLARK 50 PHASE 4 P.O. BOX 1122 9800 HISUITE PARKWAY ARGYLE, TEXAS 76226 SUITE 2TX PHONE: 214-455-8759 FORT WORTH, TX 76177 GRAPHIC SCALE DATE: NOVEMBER, 2017 PHONE: 817-562-3350 NO COMMENTSIMN 212118 Ll" se �,� e ° ton 1xI-. 1! 11 17 to 11 129 I ISSM ARY FRONTIER pRIVE stern EwsEMFM EXISTING !n awt EA9EYEN+ I DRAINAGE EMEUNT— t uca ENt.m Cg1PGH.tItY+ x MSTC.DT.QT. 11 3 I C.RT.GT. 0. of I II II II Z2 r IS +° 1e17 +° is ,. n n ❑� p0 / WENDY WAY BUCKTHORN DRIVE _ u 1 x 3 . e e 7 e o 10 11 .+ I • I u I N x7 Zt m 1e to 17 to 17 I. 13 11 \ DIXON COURT TMG$ENERG RPDRATI g Ix.D3+�31831. ' GP.T.C.T. 37 I y (tTEY-OCI • I $ 34 33 32 31 3D 23 x° 9 IS 27 K 13 11 13 I . - I �A n 11 13 14 is n n to Is m a l 32 ��Z++IIy0 31Y I � • �mp h ����IIII1111 ul DID- 1. 19 D I mp m Z y� D= m 11 xx x] 2. 1° 7D Z/ m x° T Wyl I _ I 7 F I . l ELKO DRIVE • I . e 11 1° . . . . . . . . . • w 011 12 H 13 I .Y • I . ' I ° - l CARUN DRIVE I _ J is tt t: 13 14 • - .�, ENT ° TM07 NERG LEGEND ----�— PROPOSED SEWER LINES �— EXIST SEWER LINES PROPOSED FLOW ARROWS C--- EXIST FLOW ARROWS NOTE:ALL PROPOSED SANITARY SEWER LINES ARE 8"UNLESS OTHERWISE NOTED EXHIBIT Al - WASTEWATER OWNER/DEVELOPER: i!I[ PELOTON LANDIONS 0 NORTH 2501 LIVE OAK 351 DEVELOPMENT, LLC 9800 HII I WOO 3ot.0ARKWAY PHASE 4 P.O. BOX 1122 SUITE UI E0250KW ARGYLE, TEXAS 76226 FORT WORTH, TX 76177 GRAPHIC SCALE DATE: NOVEMBER, 2017 PHONE: 214-455-8759 PHONE: 817-562-3350 0 9 0 „ 10 13 ,a 1a 1e t7 125' I 1rsANrtAm FRONTIER�RIVE EXISTING °Ex>:n EASErgNr — DRAINAGE EM SP D/9 E/SENFNT 1 TN09 EIIERfiY GGRROIIATION = CRT QT.. 3 I C.0.T.GT. a °AWAY 9 19 11 ¢ (1]ElJ 1m)0. <lp D 0 ID 19 1e 14 13 1x I OWENBUCKTHORN DRI Z Oma IT, 1 x a a ° e 7 e 9 10 n w al +a w •a xx r m 1e 1e IT IS 1s a la 1x x \ DIXON COURT n TNG$ENER_D2193 GRA 3e ws1'.a GTIT,s7a (ITEM G.T. (ITEM 1007 37 3° 35 x w n m 30 29 a 27 !0 ID z+ 21 n ss I I I v� ]11 vp m • mp zmm MDz to t9 m zt n v T- 7 m n ID m z m O s r I I I ° ELKO DRIVE E- 1�2 l CARLIN DRIVE 0 11 TA � ]P ASEAS ENT TMOS NERG LEGEND 29' B-B/50' ROW(TYP) SIDEWALK BY DEVELOPER SIDEWALK BY HOMEBUILDER ® H.C. RAMPS BY DEVELOPER EXHIBIT B - PAVING OWNER/ DEVELOPER: ;ill PELOTON LAN0 NORTH 250 9800 HI LIVE OAK 351 DEVELOPMENT, LLC i I WO SOLUTIONS PHASE 4 P.O. BOX 1122 SUITE PARKWAY ARGYLE, TEXAS 76226 SUITE 2 PHONE: 214-455-8759 FORT WORTH, TTX X 76177 GRAPHIC SCALE DATE: NOVEMBER, 2017 PHONE: 817-562-3350 ° e 10 n — 1] 13 1a 1e 1e iT FRONTIER_DRNE 125 s ttANr EXISTING sEwER EwsEUErrt -NNAGE EASEMENT •sa GAe c.•c.s... r�TIA�}9 Q�YCGRPGRATgN I T e p n ~ II II IIII emCRT. T. ] J RWE'N ¢ ('nw m) to G:j U_ n smY 1e n 14 13 1] m 30/ -lE "RCP oy WENDY O 30"RCP m p - 30"RC 30'R P n 3E' t 3 3 • s e 7 e e to tl 10'INLET '0'INLET RC 2 '2'RCP u ` 1" I ._ u _ ~ O 7] r m to to t7 to t3LtIJ12 -3I - DIXON COURT 37 T SENERGYCORPORATION !e INSI.M G]173183]a • 3e (ITEM:OhI 3! w 3 >J 31 a 3o m as 0 se ss 3. ss u am n t] t3 a 1e w n 1e m m r 3] y p m 30"Rm CP m cl �'r•2h Dryra Mxy�� � p �^pm II mDN� O �zm� Zmo W'RCP t° to m 3t a 2J TU2m[21 m m m I 301,RC 10'INLET 0'INLET a I e � ° T �FINLET . . • • • I ° e 24"RC l_ ELKO DRIVE 16 INLET ' I Is 17 24^RC 1e , w to to /3 i •w oO w 7 ° ° p n 13 24"RCP . . . 5'' INLET— -- — 5'INLET 24 CARLIN DRIVE J , 4"RCP— 24"RCP 24"RCP '24"RC 5'INLET 4'X4'JUNCTION BOX 15'INLET 0 10 It 12 EAS ENT 14 14 A THOS T LEGEND -� PROPOSED STORM DRAIN INLET EXIST STORM DRAIN INLET t PROPOSED STORM DRAIN MANHOLE PROPOSED STORM DRAIN HEADWALL NOTE:ALL INLETS ARE 10'AND ALL LATERALS ARE 21" UNLESS OTHERWISE NOTED EXHIBIT B1 - STORM DRAINAGE OWNER/DEVELOPER: I! PELOTON 0 NORTH 250 LIVE OAK 351 DEVELOPMENT, LLC ..Mp eG1 YT1CNe PHASE 4 P.O. BOX 1122 9800 HISUITE D250ARKWAY ARGYLE, TEXAS 76226 FORT WORTH, TX 76177 GRAPHIC SCALE DATE: NOVEMBER, 2017 PHONE: 214-455-8759 PHONE: 817-562-3350 COMPLETION AGREEMENT—SELF FUNDED This Completion Agreement("Agreement"), is made and entered into by and between the City of Fort Worth, ("City") and�_ , a Texas LimitedLtal i'690 boratioi�, authorized to do business in Texas, ("Developer"), effective as of the last date executed by a Party hereto. The City and the Developer may collectively be called the "Parties". WITNESSETH: WHEREAS, the Developer owns that certain tract of real property that contains approximately 271202 acres of land located in the City,the legal description of which tract of real property is marked Exhibit "A"—Legal Description, attached hereto and incorporated herein for all purposes, ("Property"); and WHEREAS, the Developer intends to develop the Property as an addition to the City through plat FP cfa61-7-129 or FST&; and WHEREAS, the Developer and the City have entered into a Community Facilities Agreement relating to the development, Live.._Oak.Creek,,Phase4 for Water,tSanftk.S&Wer< Paving,Storm-Drain,&S ;Lights ("Improvements"); and WHEREAS, the City has required certain assurances that the Developer will cause to be constructed to City standards the Improvements pursuant to the Community Facilities Agreement; and WHEREAS, the Parties desire to set forth the terms and conditions of such accommodations as are described above. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements hereinafter set forth, it is hereby agreed by and between City and Developer as follows: 1. Recitals. The foregoing recitals are true, correct and complete and constitute the basis for this Agreement and they are incorporated into this Agreement for all purposes. 2. The Completion Amount. The City and the Developer agree that the Hard Costs(as shown on Exhibit`B")required to complete the Community Facilities in the aggregate should not exceed the sum of o�� three-hundred n�rwo, - two thousand eighlhixndred sixty- eigN and sixty-eigl Dollars ($1,392,868,65), hereinafter called the "Completion Amount". Notwithstanding the foregoing, it is acknowledged that the actual costs of City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE CFA Official Release Date: 07.01.2015 Page 1 of 12 completion of the Community Facilities may vary as a result of change orders agreed to by the Parties, but such variances for the purposes of this Agreement shall not affect the Completion Amount as used herein. City hereby waives the requirement for developer to deposit a financial guarantee of 100%of the Hard Costs under the CFA Policy. 3. Completion by the Developer. The Developer agrees to complete the Community Facilities and pay all Hard Costs in accordance with City standards,the CFA,the Plat, and the Plans as approved by the City. For the purposes of this Agreement, the development of the Property shall be deemed complete upon acceptance by the City of the Community Facilities pursuant to Section 6,hereof. 4. Satisfaction of the Cily Requirements. The City agrees that the assurances and covenants contained in this Agreement satisfy all requirements of the City with respect to Developer's Financial Guarantee, as described in the CFA Policy, or other requirements for security in connection with the development of the Property and the completion of the Community Facilities that are contained in the CFA or in any other agreement relating thereto, and the City hereby accepts the assurances and covenants contained herein in lieu thereof. To the extent the CFA irreconcilably conflicts with this Agreement, the provisions of this Agreement shall control. 5. Termination. This Agreement shall terminate upon the earlier to occur of the following: (a)acceptance by the City of the Community Facilities; or(b)mutual written agreement of the Parties. 6. Final Plat. The Parties acknowledge and agree that the City shall hold the final plat of the Property until the Community Facilities are completed and accepted by the City and all Hard Costs contractors have been paid, less retainage. Upon acceptance by the City and receipt of evidence from the Developer showing that all Hard Costs contractors have been paid, including but not necessarily limited to lien waivers and bills paid affidavits,the City shall within a reasonable time file the final plat for the Property in the Plat Records of the county where the Property is located. The purpose of the City retaining the final plat of the Property as provided herein is to guarantee the Developer's obligations under the CFA are completed. City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 ME CFA Official Release Date: 07.01.2015 Page 2 of 12 7. Construction Contracts. Developer agrees to include in each Construction contract that it enters into for the completion of the Community Facilities the following: A. A statement that the City is not holding any security to guarantee any payment for work performed on the Community Facilities; B. A statement that the Property is private property and that same may be subject to mechanic's and materialman's liens; C. A requirement that each contractor contracting with the Developer release the City from any claim that is related to the Property; and D. A requirement that each contractor contracting with the Developer include in each subcontract the statements contained in(a), (b) and(c) above. 8. Miscellaneous. A. Non-Assignment of Agreement. This Agreement may not be assigned by any of the Parties without the prior written consent of all the other Parties. B. Notice. Any notice required or permitted to be delivered under this Agreement shall be deemed received on actual receipt by the appropriate party at the following addresses: (i) Notice to the City shall be addressed and delivered as follows: City of Fort Worth Planning&Development Department 200 Texas Street Fort Worth, Texas 76102 Attention: CFA Division Janie Morales,Development Manager Email: Janie.Morales@fortworthtexas.gov Confirmation Number: 817-392-7810 and/or CFA Division Email: CFAgfortworthtexas. og_v Confirmation Number: 817-392-2025 With a copy thereof addressed and delivered as follows: City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE CFA Official Release Date: 07.01.2015 Page 3 of 12 City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 Attention: Richard A. McCracken Assistant City Attorney Confirmation Number: 817-392-7611 (ii) Notice to the Developer shall be addressed and delivered as follows: 351 Development, LLC P.O.Box 1122 Argyle,TX 76226 A party may change its address for notice upon prior written notice to the other parties pursuant to the terms hereof. C. Texas Law to Apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas. D. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective legal representatives, successors and assigns. E. Legal Construction. In case any one or more of the provisions contained in this Agreement shall for any reason is held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. F. Prior Agreements Superseded. This Agreement constitutes the sole and only agreement of the Parties with respect to the subject matter hereof and supersedes any prior understandings or written or oral agreements among the Parties concerning the subject matter hereof. G. Amendment. This Agreement may only be amended by a written instrument executed by all of the Parties to this Agreement. City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE CFA Official Release Date: 07.01.2015 Page 4 of 12 H. Headings. The headings that are used in this Agreement are used for reference and convenience purposes only and do not constitute substantive matters to be considered in construing the terms and provisions of this Agreement. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE CFA Official Release Date: 07.01.2015 Page 5 of 12 Executed in quadruplicate in each entity's respective name by its duly authorized signatories effective as of the date executed by the City's City Manager or his/her designee. CITY OF FORT WORTH: DEVELOPER: 351 Development, LLC 47e far47��c,��a�c,��s��+/r� Jesus J.Chapa(Apr 17,2 18(i' ) Jesus J. Chapa 5 (Apr 16,2018) Assistant City Manager Name Ste* Gree Title: Manager Date: Apr 17,2018 Date: Apr 16,2018 Approved as to Form &Legality: Contract Compliance Manager ,��X a � By signing 1 acknowledge that 1 am the Richard A.McCracken(Apr 17,2018) person responsible for the monitoring and Richard A. McCracken administration of this contract, including Assistant City Attorney insuring all performance and reporting requirements. ATTEST: F O R T(�j Tanis S�arierr Maraies OJanie Scartett Morales(Apr 17,2018) L=YKa'ser �.: �J► Janie S. Morales Mary J Kayser(Apr 17,2018) J� Development Manager Mary J. Kayser V' City Secretary �Ir M&C: 7EYA Date: OFFICIAL RECORD CITY SECRETARY FT.WORTHO TX City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE CFA Official Release Date: 07.01.2015 Page 6 of 12 LIST OF EXHIBITS ATTACHMENT"1"-CHANGES TO STANDARD AGREEMENT EXHIBIT A- LEGAL DESCRIPTION EXHIBIT B - APPROVED BUDGET City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE CFA Official Release Date: 07.01.2015 Page 7 of 12 ATTACHMENT "1" Changes to Standard Agreement Self-Funded Completion Agreement lone City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE CFA Official Release Date: 07.01.2015 Page 8 of 12 EXHIBIT A LEGAL DESCRIPTION BEING a tract of land situated in the T. Allen Survey, Abstract Number 67,the F.W. Schoeverling Survey, Abstract Number 1398,the E.L. Alford Survey,Abstract Number 2000, and the G.B.Kenney Survey, Abstract Number 920, City of Fort Worth, Tarrant County, Texas, being a portion of that tract of land described by deed to L.O. Haywire Investments, L.P. recorded in Instrument Number D216297240, County Records, Tarrant County, Texas and being more particularly described by metes and bounds as follows: BEGINNNG at a 5/8 inch iron rod with plastic cap stamped"PELOTON" found at a westerly corner of said L.O.Haywire Investments tract, being the southwest corner of Lot 19, Block C, Live Oak Creek, Phase 3A, an addition to the City of Fort Worth recorded in Instrument Number D217259923, said County Records, and being in the east right-of-way line of Creekway Drive (a 50 foot right-of-way); THENCE with the south and east lines of said Phase 3A the following bearings and distances: N 89030'55"E, 731.35 feet,to a 5/8 inch iron rod with plastic cap stamped"PELOTON" found at the southeast corner of said Phase 3A; N 00048'00"W, 146.37 feet, a 5/8 inch iron rod with plastic cap stamped"PELOTON" found; N 00042'34"W, 606.44 feet,to a 5/8 inch iron rod with plastic cap stamped "PELOTON" found in the north right-of-way line of Buckthorn Drive (a 50 foot right-of-way); S 89016'40"W, 114.56 feet,with said right-of-way line to a 5/8 inch iron rod with plastic cap stamped"PELOTON" found; N 45043'20"W, 14.14 feet, continuing with said right-of-way line to a 5/8 inch iron rod with plastic cap stamped"PELOTON" found in the east right-of-way line of Retama Drive (a 50 foot right-of-way); N 00043'20"W, 377.86 feet,with said right-of-way line to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; THENCE N 44023'30"E, 14.11 feet, departing said right-of-way line to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set;THENCE N 89030'20"E, 528.24 feet,to a 5/8 inch iron rod with plastic cap stamped "PELOTON"set in the east line of said L.O. Haywire Investments tract; THENCE S 00029'42"E, 1733.80 feet, with said east line to a 5/8 inch iron rod found at the southeast corner of said L.O. Haywire Investments tract; City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 ME CFA Official Release Date: 07.01.2015 Page 9of12 THENCE S 89036'24"W, 1140.48 feet, with the south line of said L.O. Haywire Investments tract to a 1/2 inch iron rod with plastic cap stamped"JBI" found at the southeast corner of Live Oak Creek,Phase 1, Section 1, an addition to the City of Fort Worth recorded in Cabinet A, Slide 12888, said County Records, and being in the east right-of-way line of aforementioned Creekway Drive; THENCE with said east right-of-way line the following bearings and distances: N 00027'32"W, 111.74 feet,to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; N 44012'05"E, 14.36 feet,to a 1/2 inch iron rod with no cap found; N 89°43'07"E, 9.93 feet, to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; N 00029'05"W, 50.00 feet,to a 1/2 inch iron rod with no cap found; S 89°30'55"W, 10.00 feet,to a 5/8 inch iron rod with plastic cap stamped"PELOTON"set; N 45024'1 9"W, 14.07 feet,to a 1/2 inch iron rod with plastic cap stamped "JBI"found; N 00°31'08"W, 219.93 feet,to a 1/2 inch iron rod with plastic cap stamped "JBI" found; N 44040'05"E, 14.16 feet,to a 1/2 inch iron rod with plastic cap stamped "JBI" found; N 89°02'04"E, 10.02 feet,to a 5/8 inch iron rod with plastic cap stamped"PELOTON"set;N 00028'00"W, 50.00 feet, to a 1/2 inch iron rod with plastic cap stamped "JBI" found; S 89032'00"W, 10.00 feet,to a 1/2 inch iron rod with no cap found; N 45048'l 9"W, 14.12 feet,to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE CFA Official Release Date: 07.01.2015 Page 10 of 12 THENCE N 00°31'16"W, 109.94 feet, continuing with said right-of-way line to the Point of Beginning and containing 1,184,911 square feet or 27.202 acres of land more or less. City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE CFA Official Release Date: 07.01.2015 Page 11 of 12 EXHIBIT B APPROVED BUDGET Section I Water $?: 9,15467 Sewer $342�32173 Sub-total $601,476.40 Section II Interior Streets $472,3643Q Storm Drains $319,0279$ Sub-total $791,392.28 Section III Street Lights $Q.00 Sub-total $0.00 TOTAL $1,392,868.68 City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 ME CFA Official Release Date: 07.01.2015 Page 12 of 12