HomeMy WebLinkAboutContract 51678 Received Date: 12/17/2018
Received Time:
2:13 PM
Developer and Project Information Cover Sheet:
Developer Company Name: CKK Residential Group,Inc.
Address, State,Zip Code: 185104 Fort Worth,TX 76118
Phone&Email: 817-589-9001,kenneth c(,,kbnewell.com
Authorized Signatory,Title: Kenneth Newell,President
Project Name: Lakes of River Trails Phase 16
Brief Description: Water, Sewer,Paving, Storm Drain, Street Lights
Project Location: NEC of Precint Line Rod and River Lakes Blvd.
Plat Case Number: FP-17-060 Plat Name: Lakes of River Trails East
Mapsco: Council District: 5
CFA Number: 2018-055 City Project Number: 101539
City of Fort Worth,Texas
Standard Community Facilities Agreement-Lakes of River Trails Phase 16 OFFICIAL RECORD
CFA Official Release Date:02.20.2017 CITY SECRETARY
Page 1 of 11 ET WORTH,TX
STANDARD COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No. 51678
WHEREAS, CKK Residential Group, Inc. , ("Developer"), desires to make certain
specific improvements as described below and on the exhibits attached hereto ("Improvements")
related to a project generally described as Lakes of River Trails Phase 16 ("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 contractor(s)
City of Fort Worth,Texas
Standard Community Facilities Agreement-Lakes of River Trails Phase 16
CFA Official Release Date:02.20.2017
Page 2 of 11
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) 0. Sewer(A-1) 0,Paving(B) M, Storm Drain(B-1) ®, Street Lights & Signs
(C) M_
E.
-
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 II, 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-Lakes of River Trails Phase 16
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-Lakes of River Trails Phase 16
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-Lakes of River Trails Phase 16
CFA Official Release Date:02.20.2017
Page 5of11
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(2%) 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-Lakes of River Trails Phase 16
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.
IMMIGRATION AND NATIONALITY ACT
R. Developer shall verify the identity and employment eligibility of its employees who perform
work under this Agreement, including completing the Employment Eligibility Verification
Form(1-9). 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'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.
City of Fort Worth,Texas
Standard Community Facilities Agreement-Lakes of River Trails Phase 16
CFA Official Release Date:02.20.2017
Page 7 of 11
Cost Summary Sheet
Project Name: Lakes of River Trails Phase 16
CFA No.: 2018-055 City Project No.: 101539
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 $ 279,077.45
2.Sewer Construction $ 258,855.00
Water and Sewer Construction Total $ 537,932.45
B. TPW Construction
1.Street $ 1,025,898.65
2.Storm Drain $ 125,519.50
3.Street Lights Installed by Developer $ 72,574.14
4. Signals $ -
TPW Construction Cost Total $ 1,223,992.29
Total Construction Cost(excluding the fees): $ 1,761,924.74
Construction Fees:
C. Water/Sewer Inspection Fee(2%) $ 10,758.65
D. Water/Sewer Material Testing Fee(2%) $ 10,758.65
Sub-Total for Water Construction Fees $ 21,517.30
E. TPW Inspection Fee(4%) $ 46,056.73
F. TPW Material Testing(2%) $ 23,028.36
G. Street Light Inspsection Cost $ 2,902.97
H. Signals Inspection Cost $ -
H. Street Signs Installation Cost $ -
Sub-Total for TPW Construction Fees $ 71,988.06
Total Construction Fees: $ 93,505.36
Choice
Financial Guarantee Options,choose one Amount Mark one
Bond=100% $ 1,761,924.74
Completion Agreement=100%/Holds Plat $ 1,761,924.74 x
Cash Escrow Water/Sanitary Sewer—125% $ 672,415.56
Cash Escrow Paving/Storm Drain=125% $ 1,529,990.36
Letter of Credit=125%w/2yr expiration period $ 2,202,405.93
City of Fort Worth,Texas
Standard Community Facilities Agreement-Lakes of River Trails Phase 16
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
CKK Residential Group,Inc.
.]esus J.Chapa(Dec 13,2018)
Jesus J. Chapa
Assistant City Manager K'en"Ilk Nerve-CG
Date: Dec 13,2018 Kenneth Newell(Dec 12,2018)
Name: Kenneth Newell
Recommended by: Title: President
sfin= Date: Dec 12,2018
Jennifer Ezernack(Dec 13,2018)
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
-20,- requirements.
Richard A.McCracken(Dec 13,2018)
Richard A. McCracken ies
Assistant City Attorney Janie Scarlett Morales(Dec 13,20M
M&C No. N/A Name: Janie Morales
Date: Title: Development Manager
Form 1295: N/A f OR)-
...........
off, .
ATTEST: ;�t
C.): '2
Mary J. ayser(Dec 1,2018)
Mary J.Kayser/Ronald Gonzales
XA�
City Secretary/Assistant City Secretary
City of Fort Worth,Texas
Standard Community Facilities Agreement-Lakes of River Trails Phase 16
CFA Official Release Date:02.20.2017
Page 9of11
Check items associated with the project being undertaken; checked items must be
included as Attachments to this Agreement
Included Attachment
I Attachment 1 -Changes to Standard Community Facilities Agreement
® Location Map
® Exhibit A:Water Improvements
Exhibit A-1: Sewer Improvements
Water and Sewer Cost Estimates
® Exhibit B: Paving Improvements
® Paving Cost Estimate
J 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-Lakes of River Trails Phase 16
CFA Official Release Date:02.20.2017
Page 10 of 11
ATTACHMENT"1"
Changes to Standard Agreement
Community Facilities Agreement
City Project No. 101539
None.
City of Fort Worth,Texas
Standard Community Facilities Agreement-Lakes of River Trails Phase 16
CFA Official Release Date:02.20.2017
Page 11 of 11
00 42 43
DAP-BID PROPOSAL
Page I of 7
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidders Proposal
Bidlist Item DescripSpecification Unit of Bid
No. nO° Section No. Measure Quantity Unit Price Bid Value
NIT I:WA E IMPROVEMENT
1 3311.0461 12"PVC Water Pipe 32 11 12 LF 1163 $35.00 $40,705.00
2 3311.0261 8"PVC Water Pipe 33 11 12 LF 4020 $28.75 $115,575.00
3 3312.3003 8"Gate Valve 33 1220 EA 17 $1,075.00 $18,275.00
4 3312.0001 Fire Hydrant 33 1240 EA 2 $3,575.00 $7,150.00
5 3311.0001 Ductile Iron Water Fittings w/Restraint 33 11 11 Ton 1.5 $5,000.00 $7,500.00
6 3312.2003 1"Water Service 33 1210 EA 127 $685.00 $86,995.00
7 13305.0109 Trench Safety 33 05 10 LF 5183 $0.15 $777.45
8 3312.0117 Connection to Existing 4"-12"Water Main 33 12 25 EA 2 $1,050.00 $2,100.00
TTL uNiT I:WAT MP M NT $2797077.45
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version April 2,2014 00 42 43 Bid Proposal_DAP
00 42 43
DAP PROPOSAL
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
BidlistItem Specification Unit of Bid
No. Description Section No. Measure Quantity Unit Price Bid Value
UNIT II:SANITAMARY SEW R IMP O%EMENTS
1 3331.4115 8"Sewer Pic 33 11 10,33 31 LF 3302 $34.50 $113,919.00
2 3331.4116 8"Sewer Pipe w/CSS Backfill 33 11 10,33 31 LF 60 $55.00 $3,300.00
3 3339.1001 4'Manhole 33 39 10,33 39 EA 13 $3,350.00 $43,550.00
4 3339.0001 Epoxy Liner for Manhole 333960 VF 100 $215.00 $21,500.00
5 3331.3101 4"Sewer Service 3331 50 EA 113 $602.50 $68,082.50
6 13305.0113 Trench Water Stops 33 50 10 EA 8 $100.00 $800.00
7 13301.0101 Manhole Vacuum Testing 33 01 30 EA 13 $140.00 $1,820.00
8 3301.0002 Post-CCTV Ins tion 33 01 31 LF 3362 $1.40 $4,706.80
9 3305.0109 Trench Safety 3305 10 LF 3362 $0.35 $1,176.70
T TA UNIT II:SANITARY SEWER IMPROVEMENT $258,855.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROIECPS
Fmm Venim April 2,2014 0042 43—Bid Pmposal_DAP
00 42 43
DAP-BID PROPOSAL
Page 3 of 7
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
No. Descnpuon Section No. I Measure Quantity Unit Price Bid Value
yMff III:DRAINA E IMPROVEMENTS
1 3349.5001 10'Curb Inlet 33 49 20 EA 4 $4,450.00 $17,800.00
2 3349.5003 20'Curb Inlet 33 49 20 EA 2 $6,650.00 $13,300.00
3 3341.0402 42"RCP,Class lII 3341 10 LF 245 $152.00 $37,240.00
4 3341.0305 33"RCP,Class III 3341 10 LF 39 $103.00 $4,017.00
5 3341.0302 30"RCP,Class III 3341 10 LF 305 $90.00 $27,450.00
6 13341.0208 27"RCP,Class III 3341 10 LF 114 $79.001 $9,006.00
7 3341.0205 24"RCP,Class 111 3341 10 LF 42 $72.00 $3,024.00
8 3349.0002 5'Storm Junction Box 33 49 10 EA 1 $4,450.00 $4,450.00
9 3349.2009 42"Parallel Headwall,1 pipe 334940 EA 1 $5,100.00 $5,100.00
10 3349.2005 30"Parallel Headwall,1 pipe 334940 EA 1 $2,500.00 $2,500.00
11 3137.0104 Medium Stone Ri ra ,dry 313700 SY 6 $210.00 $1,260.00
12 3305.0109 Trench Safety 33 05 10 LF 745 $0.50 $372.50
TOTAL uNrr III:I)RAINAG'—EPMPROVEMENISI $125,519.50
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version April 2,2014 00 42 43—Bid Proposal_DAP
00 42 43
DAP-BID PROPOSAL
Page 4 of 1
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
No. DescriptionSpecification
No. Measure Quantity Unit Price Bid Value
UNIT N:PAVIN IMPROVEMENTS
1 3213.0101 6"Conc Pvmt 32 13 13 Sy 20050 $41.73 $836,686.50
2 3211.0502 8"Lime Treatment 32 1129 Sy 21281 $2.25 $47,882.25
3 3211.0400 Hydrated Lime 32 1129 TON 383.06 $165.00 $63,204.90
4 3213.0501 Barrier Free Ramp,Type R-1 32 1320 EA 22 $2,000.00 $44,000.00
5 3305.0107 Manhole Adjustment,Minor 3305 14 EA 20 $400.00 $8,000.00
6 3305.0111 Valve Box Adjustment 3305 15 EA 17 $150.001 $2,550.00
7 3471.0001 Traffic Control(Dead End Barricade) 3471 13 EA 1 $1,500.00 $1,500.00
8 3471.0001 Traffic Control(Removable Barricade) 3471 13 EA 3 $250.00 $750.00
9 3213.0301 4"Cone Sidewalk 32 1320 SF 1240 $5.00 $6,200.00
10 9999.0001 Traffic Si /Pavement Markings LS 1 $13,250.00 $13,250.00
11 13471.0001 General Traffic Control 3471 13 MO 2.5 $750.00 $1,875.00
TOTAL UNIT IV:PAVING IMPROVEMENT $1,025,898.65
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Fm Vanua APM 2,2014 00 42 43 Bid Prop-al_DAP
004243
DAP-BID PROPOSAL
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidders Proposal
Bidlist Item Specification Unit of Bid
No. Description No. Measure Quantity
Unit Price Bid Value
1 3441.3301 Rdwy Ilium Foundation TY 1,2,and 4 34 41 20 EA _ 18 $550.00 $9,900.00
2 3441.3002 Rdwy Ilium Assmbly TY 8,11,D-25,and D-30 34 41 20 EA 18 $1,400.00 $25,200.00
3 3441.3104 15OW MH PC Lighting Fixture 344120 EA 18 $285.00 $5,130.00
4 2605.3015 2"CONDT PVC SCH 80(1) 26 05 33 LF 2307 $7.27 $16,771.89
5 3441.1409 NO 8 Insulated Elec Condr 34 41 10 LF 6921 $2.25 $15,572.25
TOTAL UNIT V:STREET LIGHTING IMPROVEMENT $72,574.14
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVEiuI_ .., itDEUPRu]t{I
Form Vmion April 2.2014 0042 43 Bid Pmposal_DAP
00 42 43
DAP-BID PROPOSAL
Page 6 of 7
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
BidlistSpecification Unit Of Bid
No. Description l I Section No. Measure Quantity Unit Price Bid Value
UNIT VI:TRAFFIC St 1NAL IMP ENU
JoTAL uNrr VI:TRAFFIC SIGN-ALL IMPROVEMENT-�
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Fomi version April 2,2014 3—Bid Proposal_DAP
001213
DAP•BID PROPOSAL
Page 7 or 7
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
No. DescriptionSpecification
No. Measure Quantity Unit Price Bid Value
Bid Summary
UNIT I:WATER IMPROVEMENTS $279,077.45
UNIT II:SANITARY SEWER IMPROVEMENTS _ $258,855.00
UNIT III:DRAINAGE IMPROVEMENTS _ $125,519.50
UNIT IV:PAVING IMPROVEMENTS $1,025,89_8.65
UNIT V:STREET LIGHTING IMPROVEMENTS $72,574.14
UNIT VI:TRAFFIC SIGNAL IMPROVEMENTS
Total Constriction Bid $1,761,924.74
Contractor agrees to complete WORK for FINAL ACCEPTANCE within 90 calendar 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 Veraim April 2,2014 00 4213_Bid Proposal_DAP
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COMPLETION AGREEMENT—LENDER FUNDED
This Completion Agreement ("Agreement) is made and entered into by and among the
City of Fort Worth ("City"), and QW`,Aesiden#�L=Crop;=; nc., a Texas Cozpor4#0n
("Developer"), and effective as of the date subscribed by the City's
City Manager or Assistant City Manager. The City, the Developer and the Lender are hereinafter
collectively called the"Parties".
WITNESSETH:
WHEREAS, the Developer owns that certain tract of real property that contains
approximately 23.182 acres that is 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 17-060 or F �; and
WHEREAS, the Developer and the City have entered into a Community Facilities
Agreement relating to the development of Lakes of Rivts,21S= 0,.B1ock 1, L ots
2-19, Block 8, Lots 1-1-9, Block 9_ Lots 1-8, Block 10, Lots 1-14, Block 11, Lots 1-3, Block 12
and Lots 1-28, Block 13 (l 13 Residential Lots & 3 HOA Lots) 23.182 Acres located in the 1 ili.
C. Trarnmell, Survey,Abst.No. 1509, City of Fort Worth,Tarant County(-(TA"); and
WHEREAS, the City has required certain assurances of the availability of funds to
complete the water and sewer utilities, streets/paving, storm drain, street lights and street signs
for the development of the Property("Improvements"), and
WHEREAS, in order to provide such assurances as have been required by the City, the
Lender has agreed to advance certain funds to the City for Hard Costs (which term is hereinafter
defined) subject to, and in accordance with, the terms, provisions and conditions of this
Agreement; and
WHEREAS, the Developer has granted to the Lender as additional security for the Loan
(which term is hereinafter defined) a security interest in all plans and specifications for the
development of the Property(collectively, the"Plans"); and
City of Fort Worth,Texas
Standard Completion Agreement-Lender-Funded Revised 09.07.2017 ME
CFA Official Release Date:07.01.2015
Page 1 of 14
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 benefits to be derived from the
mutual observance by the Parties of the terms and conditions hereof, and for and in consideration
of Ten Dollars ($10.00) and other good and valuable consideration, the receipt, adequacy and
sufficiency of which are hereby acknowledged,the Parties agree 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
required to complete the Improvements in the aggregate should not exceed the sum of Onc
Mil lion seven hundred ,-Atv one thousand nine hundred twcniv four dollars and'�2�vcfity four
cel p Dollars ($1,761,924.74), hereinafter called the "Completion Amount". Notwithstanding
the foregoing, it is acknowledged that the actual costs of completion of the Improvements 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.
3. Adjustments to the Completion Amount. The Lender may from time to time
make advances to the Developer for the development of the Property under the development loan
that has been made by the Lender to the Developer for the purpose of financing the costs of
constructing the Improvements for the Property (the "Loan") subject to, and in accordance with,
the terms, conditions and provisions of the Loan Documents (which term is hereinafter defined)
evidencing and securing the Loan. Some of those advances shall be for Hard Costs as specified
in the "Approved Budget" relating to the Loan, a copy of which Approved Budget is marked
Exhibit `B", attached hereto and incorporated herein for all purposes, with the Hard Costs line
items highlighted. The term "Hard Costs" shall mean the actual costs of construction and
installation of the Improvements. To the extent that advances under the Loan are for the payment
of Hard Costs, the Completion Amount shall be deemed reduced, dollar for dollar. The Lender
may withhold statutory retainage from any advances under the Loan or pursuant to this
Agreement. All such retainage withheld, to the extent it is attributable to Hard Costs, shall also
reduce the Completion Amount dollar for dollar. All retainage withheld by the Lender for Hard
City of Fort Worth,Texas
Standard Completion Agreement—Lender-Funded Revised 09.07.2017 ME
CFA Official Release Date:07.01.2015
Page 2 of 14
Costs that are advanced to the City pursuant to this Agreement shall be released to the City as
provided in the Texas Property Code upon expiration of the statutory retainage period.
4. Completion by the Developer. The Developer agrees to complete the
Improvements on or before the date for completion that is established in the Loan Documents
plus thirty (30) days (the "Completion Date"), in accordance with the CFA, the Plans approved
by the Lender and the City and all documents evidencing or securing the Loan (collectively, the
"Loan Documents"). For the purposes of this Agreement, the development of the Property shall
be deemed complete upon acceptance by the City of the Improvements. The City shall promptly
notify the Lender and the Developer upon such acceptance.
5. Completion by the City. In the event that either: (A) the development of the
Property is not completed by the Completion Date for any reason whatsoever, or (B) the
Developer is in default under the Loan, then the Lender, at its sole option, may request the City
to complete development. The City may, at its sole option and at the cost and expense of the
Developer, within 10 days from receipt of Lender's request, notify Lender that it will undertake
to complete the Improvements and the City shall then commence, pursue, and complete the
Improvements in a reasonably timely, diligent and workmanlike manner in accordance with the
Plans, subject to the terms of this Agreement. The Lender and the Developer agree that the City
may use the Plans as necessary to complete the Improvements.
If the City does not timely elect to complete the construction of the Improvements or if
the Lender does not request the City to complete construction of the Improvements, then the
Lender may at its election terminate this Agreement, or at its option, proceed to complete the
Improvements, or foreclose on any of its collateral, or take any and all such action as may be
provided under the Loan Documents.
6. Advance of Completion Costs to the City and Delivery of Hard Costs Collateral
to the City. In the event the Lender has requested the City and the City has elected to complete
the Improvements, Lender shall transfer to the City all remaining undisbursed Hard Costs
specified in the Approved Budget within 10 days of the date that the City elected to complete and
provided Lender with written notice of such election.
City of Fort Worth,Texas
Standard Completion Agreement—Lender-Funded Revised 09.07.2017 ME
CFA Official Release Date:07.01.2015
Page 3 of 14
The Developer hereby authorizes and instructs the Lender to make the transfer of any
remaining undisbursed Hard Costs specified in the Approved Budget to the City within 10 days
of notification that the City elects to complete the Improvements.
In the event the cost to complete the Improvements exceeds the moneys transferred to the
City, City shall notify Lender and Developer in writing of the need of additional funds. The
additional funds required to complete the Improvements shall be delivered to the City within 10
business days following notification to Lender and Developer. Failure to deliver the additional
funds shall relieve the City of the obligation to complete the Improvements, in which event City
shall use the Hard Costs funds in its possession to pay the contractor(s) all funds due it/them.
Any remaining undisbursed Hard Costs shall be returned to Lender within a reasonable time.
7. Completion by the Lender. The Lender may, at its discretion, but shall not be
obligated to, undertake to complete the Improvements if there is any default under any Loan
Documents in lieu of requesting the City to complete the Improvements. If the Lender elects to
complete the Improvements, any Hard Costs it expends shall, dollar for dollar, reduce the
Completion Amount.
8. Easements. In the event the City or the Lender undertakes the completion of the
Improvements, the Developer(and to the extent necessary the Lender) grants to the City and the
Lender open access to the Property and shall execute and deliver such temporary easements over
and across the entirety of the Property for the purpose of access and use for the completion of the
construction of the Improvements in accordance with this Agreement. To the extent requested by
the City and the Lender, written temporary construction easements in form acceptable to the City
and the Lender shall be executed by the Developer and filed of record. Nothing in this paragraph
shall reduce any rights of the Lender or obligations of the Developer under the Loan Documents.
9. Lender's Rights. Nothing in this Agreement shall affect any portion of the
Lender's collateral for the Loan or limit or impair the Lender's right to foreclose the same or
deal with the collateral as it elects in accordance with the Loan Documents.
10. Satisfaction of the City Requirements. The City agrees that the assurances and
covenants contained in this Agreement satisfy all requirements of the City with respect to
Developer's performance bond or other financial security in connection with the development of
City of Fort Worth,Texas
Standard Completion Agreement—Lender-Funded Revised 09.07.2017 ME
CFA Official Release Date:07.01.2015
Page 4 of 14
the Property and the completion of the Improvements 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.
It. Termination. This Agreement shall terminate upon the earlier to occur of the
following: (a) acceptance by the City of the Improvements; (b) mutual written agreement of
all of the Parties; or(c)the reduction of the Completion Amount to zero. However,release of the
plat shall be governed by paragraph 12 hereof and termination pursuant to (b) or (c) of this
paragraph 11 shall not require the City to release the plat.
12. Final Plat. The Parties acknowledge and agree that the City shall hold the final
plat of the Property until the Improvements 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.
13. Construction Contracts. Developer agrees to include in each Construction
contract that it enters into for the completion of the Improvements the following:
a.A statement that the City is not holding any security to guarantee any payment for work
performed on the Improvements;
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 of the Improvements; and
d. A requirement that each contractor contracting with the Developer include in each
subcontract the statements contained in a.,b., and c. above.
14. Miscellaneous.
City of Fort Worth,Texas
Standard Completion Agreement—Lender-Funded Revised 09.07.2017 ME
CFA Official Release Date:07.01.2015
Page 5 of 14
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 and 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
Attention: CFA Division
Email: cfa@fortworthtexas.gov
Confirmation Number: 817-392-2025
With a copy thereof addressed and delivered as follows:
Richard A. McCracken
Office of the City Attorney
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
Confirmation Number: 817-392-7611
(ii) Notice to the Developer shall be addressed and delivered as follows:
CKK Residential Group,Inc.
PO Box 185104
Fort Worth,TX 76181
Email: kenneth@biiewe4.C6M
(iii) Notice to the Lender shall be addressed and delivered as follows:
imrnunN Sank
2601 South Hulen St-
City of Fort Worth,Texas
Standard Completion Agreement—Lender-Funded Revised 09.07.2017 ME
CFA Official Release Date:07.01.2015
Page 6 of 14
Fort Worth,Texas 76109
Email• rllirttrell(asimmonsliank,com
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; provided, however, that this Agreement shall not supersede, amend or
modify any of the Loan Documents or any portion thereof.
G. Amendment. This Agreement may only be amended by a written instrument executed by
all of the Parties to his Agreement.
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—Lender-Funded Revised 09.07.2017 ME
CFA Official Release Date:07.01.2015
Page 7 of 14
ACCORDINGLY, the City of Fort Worth,Developer and Lender 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:
CKK Residential Group, Inc.
Jesus J.Chapa(Dec 13,2o18) �Ey2(ZBIYL[KeL(h1A/
Jesus J. Chapa Kenneth Newell(Dec 12,2018)
Assistant City Manager Name:
Title:
ff��
Date: Dec 13,2018
Date:Dec 12,2018
Approved as to Form and Legality:
LENDER:
Simmons Bank
Richard A.McCracken(Dec 13,2018)
Richard A. McCracken
Assistant City Attorney Jame) trell Dec 12.201
Name: James R. Luttrell
ATTEST: Title: Regional Banking Center President
-�•.
Contract Compliance Manger
C)
May > fCayse� ?T�
Mary J. ayser(Dec1 ,2018) ;* By signing I acknowledge that I am the
Mary J. Kayser person responsible for the monitoring and
City Secretary XAS administration of this contract, including
.v.�...M'" ensuring all performance and reporting
M&C: requirements.
Date: Tanis Soarl&*t Morales
Janie Scarlett Morales(Dec 13,2018)
Janie S. Morales
Development Manager
City of Fort Worth,Texas
Standard Completion Agreement—Lender-Funded Revised 09.07.2017 ME
CFA Official Release Date:07.01.2015
Page 8 of 14
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
CKK:Re,%iden#0 Group;-.Irtc., the Guarantor of the Development Loan, is executing this
Completion Agreement for the sole purpose of acknowledging that advances that are made by the
Lender pursuant to this Completion Agreement shall be deemed to be advances that are made
under the Loan that shall be subject to and covered by the Loan Documents and the Guaranty
Agreement that was executed by KeMeth:B.,Newell.
GUARANTOR
fce�N k&,-14
By: Kenneth Newell(Dec 12,2018)
Name:
Title:
ff�
City of Fort Worth,Texas
Standard Completion Agreement—Lender-Funded Revised 09.07.2017 ME
CFA Official Release Date:07.01.2015
Page 9 of 14
List of Exhibits to the Completion Agreement
Attachment 1 —Changes to the Standard Completion Agreement
Exhibit A- Legal Description
Exhibit B - Approved Budget
City of Fort Worth,Texas
Standard Completion Agreement—Lender-Funded Revised 09.07.2017 JLE
CFA Official Release Date: 07.01.2015
Page 10 of 14
ATTACHMENT"1"
Changes to Standard Completion Agreement
None
City of Fort Worth,Texas
Standard Completion Agreement—Lender-Funded Revised 09.07.2017 JLE
CFA Official Release Date:07.01.2015
Page 11 of 14
EXHIBIT A
STATE OF TEXAS §
COUNTY OF TARRANT §
WHEREAS, CKK Residential Group, Inc., a Texas corporation acting by and through the
undersigned, its duly authorized agent, and Tarrant Acquisitions,LTD., a Texas limited
partnership acting by and through the undersigned, its duly authorized agent, are the sole owners
of all that certain tract, parcel, or lot of land located in the Wm. C. Trammell Survey, Abstract
No. 1509, City of Fort Worth, County of Tarrant, Texas, being a portion of the tract of land
described in the deed to Tarrant Acquisitions, Ltd., recorded in County Clerk Instrument No.
D205268552,Deed Records, Tarrant County Texas being more particularly described as follows:
BEGINNING at a point, from which an 1/2" iron rod stamped "Britain & Crawford" found at an
ell corner in said Tarrant Acquisition tract, said iron rod being an ell comer of Lot 107,Block 21,
Lakes of River Trails South, an addition to the City of Fort Worth,Tarrant County,Texas
according to the plat recorded in Cabinet A, Slide 6753, Plat Records,Tarrant County,Texas,
said iron rod being the southwest corner of said Trammell Survey bears N89°11'09"W 687.30
feet;
THENCE N00055'14"W, a distance of 690.00 feet to a point;
THENCE N89004'46"E, a distance of 133.87 feet to a point;
THENCE N40017'46"E, a distance of 264.97 feet to a point;
THENCE N49°42'14"W, a distance of 50.00 feet to a point;
THENCE N40017'46"E, a distance of 110.00 feet to a point;
THENCE S49042'14"E, a distance of 18.99 feet to a point;
THENCE N40°17'46"E, a distance of 160.00 feet to a point;
THENCE S49042'14"E, a distance of 251.37 feet to a point;
THENCE S50053'48"E, a distance of 76.03 feet to a point;
City of Fort Worth,Texas
Standard Completion Agreement—Lender-Funded Revised 09.07.2017 ME
CFA Official Release Date:07.01.2015
Page 12 of 14
THENCE S62000'58"E, a distance of 148.01 feet to a point;
THENCE S63028'54"E, a distance of 78.37 feet to a point;
THENCE S74035'1 9"E, a distance of 64.14 feet to a point;
THENCE S68049'45"E, a distance of 170.68 feet to a point;
THENCE S75020'46"E, a distance of 53.21 feet to a point;
THENCE SO 1 00711"E, a distance of 694.18 feet to a point;
THENCE S89004'50"W, a distance of 1,182.86 feet to the point of beginning, containing 23.182
acres of land.
The bearings recited hereon are oriented to NAD83 Texas North Central Zone.
City of Fort Worth,Texas
Standard Completion Agreement—Lender-Funded Revised 09.07.2017 JLE
CFA Official Release Date: 07.01.2015
Page 13 of 14
EXHIBIT B
APPROVED BUDGET
Section I
Water $227PQ7745
Sewer $258;853:00
Subtotal $537;92:45
Section II
Interior Streets $1?(}15898.:65
Storm Drains ,$15�51:9;5a
Subtotal $1.151,418.15
Section III
Street Lights 72,574.14
Sub-total $74574.14 52, 74.14
TOTAL $1,761,924.74
City of Fort Worth,Texas
Standard Completion Agreement—Lender-Funded Revised 09.07.2017 ME
CFA Official Release Date:07.01.2015
Page 14 of 14