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HomeMy WebLinkAboutContract 51902 Received Date:02/14/19 Received Time:10:26 AM Developer and Project Information Cover Sheet: } Developer Company Name: EB1oomHfie1dHomeEs,L.P.Address,State,Zip Code: 105Southlake,TX,76092 Phone&Email: 817-416-1572,donna bloomfieldhomes.net Authorized Signatory,Title: Donald J.Dykstra,President Project Name: Rosemary Ridge Addition Phase 4 Brief Description: Water, Sewer,Paving, Storm Drain, Street Lights Project Location: West of McCart Avenue and South of Mountain Meadow Rd. Plat Case Number: FP-18-027 Plat Name: Rosemary Ridge Addition Phase 4 Mapsco: Council District: 6 CFA Number: CFA18-0111 City Project Number: 101466 City of Fort Worth,Texas Standard Community Facilities Agreement-Rosemary Ridge Addition Phase 4 CFA Official Release Date:02.20.2017 ICIF'Ty FICIAL RECORD Page 1 of 12 SECRETARY T. ORTH, TX STANDARD COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. 51902 WHEREAS, Bloomfield Homes, L.P., ("Developer"), desires to make certain specific improvements as described below and on the exhibits attached hereto ("Improvements") related to a project generally described as Rosemary Ridge Addition 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 contractor(s) City of Fort Worth,Texas - Standard Community Facilities Agreement-Rosemary Ridge Addition Phase 4 rFT- ICIAL.RECORD CFA Official Release Date:02.20.2017 Page 2 of 12 �FCR�TAItY WORTH,TX 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) ®, Sewer (A-1) ®, Paving (B) ®, Storm Drain (B-1) ®, Street Lights & Signs (C) M. E. The Developer shall award all contracts for the construction of the Improvements in accordance with Section 11, 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 City of Fort Worth,Texas Standard Community Facilities Agreement-Rosemary Ridge Addition Phase 4 CFA Official Release Date: 02.20.2017 Page 3 of 12 maintenance bond. All bonds to be furnished before work is commenced and to meet the requirements of Chapter 2253, Texas Government Code. 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 insu-ance 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. City of Fort Worth,Texas Standard Community Facilities Agreement-Rosemary Ridge Addition Phase 4 CFA Official Release Date:02.20.2017 Page 4 of 12 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. 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 City of Fort Worth,Texas Standard Community Facilities Agreement-Rosemary Ridge Addition Phase 4 CFA Official Release Date:02.20.2017 Page 5 of 12 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. 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 City of Fort Worth,Texas Standard Community Facilities Agreement-Rosemary Ridge Addition Phase 4 CFA Official Release Date:02.20.2017 Page 6 of 12 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 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 (I-9). Upon request by City, Developer shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Developer shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Developer employee who is not legally eligible to perform such services. DEVELOPER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY DEVELOPER, DEVELOPER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR City of Fort Worth,Texas Standard Community Facilities Agreement-Rosemary Ridge Addition Phase 4 CFA Official Release Date:02.20.2017 Page 7 of 12 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-Rosemary Ridge Addition Phase 4 CFA Official Release Date: 02.20.2017 Page 8 of 12 Cost Summary Sheet Project Name: Rosemary Ridge Addition Phase 4 CFA No.: CFA18-0111 City Project No.: 101466 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 $ 148,855.00 2.Sewer Construction $ 194,273.40 Water and Sewer Construction Total $ 343,128.40 B. TPW Construction 1.Street $ 466,830.10 2.Storm Drain $ 92,424.10 3.Street Lights Installed by Developer $ 51,766.48 4. Signals $ TPW Construction Cost Total $ 611,020.68 Total Construction Cost(excluding the fees): $ 954,149.08 Construction Fees: C. Water/Sewer Inspection Fee(2%) $ 6,862.57 D. Water/Sewer Material Testing Fee(2%) $ 6,862.57 Sub-Total for Water Construction Fees $ 13,725.14 E. TPW Inspection Fee(4%) $ 22,370.17 F. TPW Material Testing(2%) $ 11,185.08 G. Street Light Inspsection Cost $ 2,070.66 H. Signals Inspection Cost $ - H. Street Signs Installation Cost $ - Sub-Total for TPW Construction Fees $ 35,625.91 Total Construction Fees: $ 49,351.05 Choice Financial Guarantee Options,choose one Amount 'Mark one Bond=100% $ 954,149.08 Completion Agreement=100%/Holds Plat $ 954,149.08 x Cash Escrow Water/Sanitary Sewer=125% $ 428,910.50 Cash Escrow Paving/Storm Drain=125% $ 763,775.85 Letter of Credit=125%w/2yr expiration period $ 1,192,686.35 City of Fort Worth,Texas Standard Community Facilities Agreement-Rosemary Ridge Addition Phase 4 CFA Official Release Date:02.20.2017 Page 9 of 12 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 Bloomfield Homes,L.P. C2 WA Jesus J. 13,2 19) Jesus J. Chapa Assistant City Manager Donald�&ra Fa`x,201 Date: Feb 13,2019 Name: Donald J. Dykstra Recommended by: Title: President Date: Feb 13,2019 Evelyn Robe 5(Feb 13,2019) 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(Feb 13,2019) Richard A. McCracken ,Tanie&o rl�Morales Janie Scarlett Morales(eb 13,2019) Assistant City Attorney M&C No. NSA Name: Janie Morales Date: Title: Development Manager Form 1295: N/A ATTEST: V:ORT.' 0: Mq Kayser er V ` Mary J.Kayser(Feb 14,2019) Mary J.Kayser/Ronald Gonzales City Secretary/Assistant City Secreta XA City of Fort Worth,Texas OFFICIAL RECORD Standard Community Facilities Agreement-Rosemary Ridge Addition Phase 4 CITY SECRETARY CFA Official Release Date:02.20.2017 Page 10 of 12 FT. WORTH,TX 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 P Location Map ® Exhibit A:Water Improvements Exhibit A-1: Sewer Improvements ® Water and Sewer Cost Estimates ® 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-Rosemary Ridge Addition Phase 4 CFA Official Release Date:02.20.2017 Page 11 of 12 ATTACHMENT`°1" Changes to Standard Agreement Community Facilities Agreement City Project No. 101466 None. City of Fort Worth,Texas Standard Community Facilities Agreement-Rosemary Ridge Addition Phase 4 CFA Official Release Date:02.20.2017 Page 12 of 12 00 42 43 BIDPROPOSAL Page 1 or I SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM ROSEMARY RIDGE ADDITION PHASE 4 UNIT PRICE BID Project Item Information CW Young Bidhst Item Description Specdieauon Unit of pid Quantity Unit Price Bid Value No. Section No. Measure Water Facilities 1 3311.0261 8"PVC Water Pipe 3311 12 LF 3,113 $23.70 $73,778.10 2 3312.3003 8"Gate Valve&Valve Box 331220 EA 6 $1,107.00 $6,642.00 3 3312.0001 Std.Fire Hvdrant Assemble w%6"Gate Valve&Valve Box 331240 EA 3 $3,798.75 $11,396.25 4 3311.0001 Ductile Iron Water Fittings w1 Restraint 331111 TON 0.5 $13,312.00 $6,656.00 5 3312.2003 1"Domestic Water Service 331210 EA 72 $676.45 $48,704.40 6 3312.0117 Connect to Existing 8"W.L. 33 12 25 EA 3 $300.00 $900.00 7 13305,0109 Trench Safety 1 LF $778.25 Water Facilities Subtotal L $148,855.00 Sanitary Sewer Facilities 1 3331.41 15 8"PVC Sewer Pipe 3311 10 LF 2,656 $39.651 $105,310.40 2 3331.4116 8"PVC Sewer Pipe w,CSS Backfill 331110 LF 164 $59.00 $9,676.00 3 3339.1001 4'Std.Dia.S.S.Manhole 333910 EA 11 $2,763.00 $30,393.00 5 3331.3313 Connect To Existing 8"S.S.Stub-Out 33 31 50 EA 2 $800.00 $1,600.00 7 3331.3101 4"Sewer Service 3331 50 EA 72 $575.00 $41,400.00 11 3301.0101 Manhole Vacuum Testing 330130 EA 11 $100.00 $1,100.00 12 13301.0001 Post-CCTV Inspection 1 330131 1 LF 1 2,820 1 $1.45 $4,089.00 13 13305.0109 Trench Safety I J3 05 10 1 LF $0.25, $705.00 Sanitary Sewer Facilities Subtotal 1 $194,273.40 Storm Drain Facilities 1 33.19.5001 10'Curb Inlet 33 49 20 EA 2 $4,700.00 $9,400.00 2 3349.5002 15'CurbInlet 334920 EA 1 $5,800.00 $5,800.00 3 3341.0201 21"RCP,Class 111 3341 10 LF 44 $61.40 $2,701.60 4 3341.0205 24"RCP,Class Ill 3341 10 LF 66 $69.55 $4,590.30 5 33.71.0305 33"RCP.Class 111 3341 10 LF 602 $94.30 $56,768.60 6 33.19.0001 4'Storm Junction Box 334910 EA 2 $4,400.00 $8,800.00 7 19999.0001 Concrete Collar 00 00 00 EA 1 $150.00 $150.00 8 3305.0107 Manhole Adjustment,Minor 33 05 14 EA 2 $500.00 $1,000.00 9 10241.0800 Remove Rip Rap 0241 13 SF 1.242 $1.80 $2,235.60 10 19999.0002 Connect to Er.Junction Box 00 00 00 EA 1 $800.00 $800.00 11 13JU5.01U9 frenchbatety 330510 78.00 Storm Drain Facilities Subtotal $92,424.10 Rid Summary Water/Sanitary Sewer/Storm Drain Facilities Subtotal $435,552.50 Payment,Performance&Maintenance Bonds $11,471.00 Total Bid 447,023.50 H•: Si azure Title: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Re%isrd 20120120 Rommary Ridge Ph 4 CoFW Quantities-CW Young 00 42 43 BID PROPOSAL Pop t art SECTION 00 42 43 Developer AwadW Projects-PROPOSAL FORM ROSEMARY RIDGE ADDITION MASE 4 UNIT PRICE BID Project b m kfac aatim ciko Bidiist Item Specification Unit of No. Deaerrption Section No. Measure Bid QTY Unit Prig Bid i'ahu Paving Faculties 1 3213.0101 6"Concrete Pavement 321313 SY 10,496 $35.00 $367,360.00 2 3211.0301 6"Lime Stabilized Subgrade 32 11 29 SY 11,183 $2.80 $31,312.40 3 3211.0400 Hydrated Lime 30 N-/SY) 321129 TON 176 $160.00 $28,160.00 4 9999.0003 Connect to Ex.Cone Header 000000 LF 58 $10.00 $580.00 5 9999.0004 Connect to Ex Pavement 00 00 00 LF 96 $10.00 $960.00 6 9999.0005 Full-Depth Saw Cut&Remove Ex Concrete Curb 000000 LF 96 $20.00 $1,920.00 7 9999.0006 Remove TY Ill End Of Road Barricade 000000 EA 2 5465.00 $930.00 8 9999.0007 Install TY M End of Road Barricade 000000 LF 56 $44.95 $2,517.20 9 3213.0501 Barrier Free Ramp,Type R-1 321320 EA 9 $1.647.00 $16,623.00 10 3213.0304 Barrier Free RanW,Type M-2 321320 EA 1 $1,675.00 $1,675.00 11 3213.03014"Cone Sidewalk 32 13 V SF 1,450 $5.25 $7,612.50 12 347 1.0001 Traffic Control $1, 30.00 Paying Faculties Subtotal $461,380.10 Street Sign Factudes 1 9999.0008 Stmet Sign Pole 000000 EA 11 Z$250.00 $2,750.00 2 9999.0009 Rl-1"S "Si 000000 EA 5 $500.00 3 9999.0010 Le&' t Tum Wamin Si 000000 EA 4 $400.00 4 9999.001! 1S MPH Advi S 00 00 00 EA 4 $400.00 5 9999.0012 Street Rims Blade $1,400.00 Street Sign Facilities Subtotal $5,450.00 Bid Summary Paving Facilities Subtotal $461,380.10 Street Sign Facilities Subtotal $5,450.00 Pavment.Performance&Maintenance Bonds $8,550.00 Total Bid BX: 1\- Title: Dale R.,Sign.twe reath-President Giloo Contracting,Inc. MY OF FORT WORTH STAMDARD CONMUMON SPECCEWAIM DOCUAGXM Fam R*%-bW 20140120 R*w=ryRidpePh 4 CaFW QarNe-G&o 00 42 43 BID PROPOSAL Page I of 1 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM ROSEMARY RIDGE ADDITION PHASE 4 UNIT PRICE BID Project Item Information IUC Bidlist Item Specification Unit of No. 1 11 Description Section No. Measure Bid Quantity lJnit Price Hid Value Street Lighting Facilities 1 3441.3201 LED Lighting Fixture 3441 20 EA 12 $293.44 $3,521.28 2 3341.1633 Type lI Pole w/33 BB Arm 344120 EA 12 $1,899.00 $22,788.00 3 3441.3301 Rdwy Illum Foundation TY 1,2,and 4 3441 20 EA 12 $1,439.00 $17,268.00 4 3441.1410 #10 Copper Cable 344110 LF 1,416 $1.24 $1,755.84 5 2605.3015 2"CONDT PVC SCH 80(T) $6,433.36 Street Liehtine Facilities Subtotal $51,766.48 Bid Summary Street Li-htina Facilities Subtotal $51,766.48 Total Bidi $51,755.43 RichbMWOW President CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS F.—Revised 20120120 Rmentary Ridge Ph 4 CoFW Quantities-Lighting NORPL CROWLEY CLEBURNE w m J U O O H Z W J O U SWEET CLOVER LN w f I I iii V LZ MEADOW ,, F— SI RO Q WEST CLEBURNE - CROWLEY VICI]�= MAIP WIS. ROSEMARY RIDGE PHASE HV' LOUMM IN CIT OF FORT WOR TOUS MMAMIM: MaWDEVELCIPM G00DWWI ELOOMF=BORMIJ. 1MIL M"114 X110 CMS EMOaI�-PLANNERS-SURVEYORS Q V 2061 rg GO( 4 UMPWM Tse 78061 �4�„1mJMY MOO(817)82�ST9 =(iP/)416-1997 TBPE REOIBTFiATION#F,29/4 TBM#10021700 Ei\10586—Rosemary Ridge\Puns\Rosemary Rldge Phase 4.pro Fr Jul 27 16118151 2018 m AN m W L R Z � ID W 7 "—— — N p L LO LO CD o O N Q I N N J n rn N 3 � m r m N NCD 'ate a tm toil! v I N 6) _ i i ~ I I N N �J r N m O d _ O I N — � NLLJ ¢ m 0 9 1 1w Wp r — m ro N M N m 3 Q N 3 C W CD re)M i - I V to S m OM / r rn O LC) m dY DCD zD v LO Cc ro �. co w r e Cc fyY m _ LO I — 0 91 AD -19 N p) r 0 r w In R rn N N co 'M .@ N '- N \ O r o 1 � Y N Mml m 1 M M lq' 0)NO NLO o - CO ® - - ® R o N m Lo toN — — 3 — ,n N O N g I� O N Q a' r-- cA � U C i LLN N �! C U w Its (\j 3 0 M CD Co N NLA p N I m ti N N rn t0 M N aw N m — N U M cc 0 W N m M _ N M N E p{� M I m NJ OJ Mj �+ i - f U ! D Of= Zl= M11 0 d fl- M O lfj m c w in 3 a a — rn (9 co fl- v _Lon 1' 'S'S •9 T � � L CY M E GI f Ih _'" ' I I N M M cc 1 l0 w ss o 811 No -19 0 OD i f N (` •� N U M N f N W N \ N O _ r •s•s Is cli M 1r) O LD N (D —N M _ � ' "' U ►�o lI 1 co m M i 0 N Lo M O (D CO ® � � c ro 0 m o N I L qW a lU Z v=4 - aA _ �- LO N N N 3 N � d o N N N �d,b coOD r N N � rn N 3 M GDCID m REi e.� N N m r Y N N O — a U O ! m IM ON M M N m M cli tLO m N M — L 3 M O LDM I V U sq *K m M In jQLLCC MM M an R,F / O m � r c IQ m j N M (LD M ®� f�� t f� Ix m 3� O m rLO < 4� M p Mm �'2/ iS m m lCt�i V � N M M Ct Ct Ct Cf m , l0 N p N o 811 50 9 co 0 tV� N m r CO OD Lo V M N w i ,.,) — 3Vb'7 N1I O M N M m � \ M M M Lc,� —N M V LO N U j M m M m GD M Cr M i I M N LO o 0 — m a � o N cu 10 W e cli LoCO 61 V _ r N QD N N O N 143- I- CD in CJ N N N O •-� N MCD N Cfl m RI li co N N o CD N In -- N � N N N — N m O a U O N — M — a O U — I rn m _ N O M N v Ln Cn m N N M N Q M M M iLID L M 1 1 E M ps m M m x V LO �N c i N M CD M 0) CD I F, m �K a _ (D ro N amw ZZ i U') i M Z N i5 � M 1 a / M L p� �I E 6) O — N M i Ncc'At vii M M V Ct Ct F CD N D7m I� N CD M N ( ti NCD / lit O - I M '� M IC\j M c \\ M M r O O OI W m W co M �! ( M N � � Q IRPQ LL O CD— y � w � m N LLI 01 N �rl !D jo N8NL D)N NN f� CD T LL N N O WWW N 3 � m o M m n p� N N m N N 6i N (` N � t O v _ ar a Y O N M m i CD U M Q O C\iM M N m ccF m M Na > Q m M N M N �+ * m 0 � N (( ! a t _' E 2O M � M i - I V U 1� N M {Q� o M (Kcc v M M M O LO m ` � z C - r` FF 1 Hipp At N M Q0 M CO aS CD c � M ! �� M _ L E E M / . I\�► N M j CO! CD W i N e� �� 18 ( o J N Ln V M N W ' m 0� 0 M M OD (3) M _ O N CO —N \ Y \\ (.O V I LO N O ' e M ml Mm CS M N Q J (o f COMPLETION AGREEMENT—SELF FUNDED This Completion Agreement("Agreement"), is made and entered into by and between the City of Fort Worth, ("City") and Bloomfield Homes, L.P., a Texas limited partnership, 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 13.629 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 18-027 or FSXYXXXX, and WHEREAS, the Developer and the City have entered into a Community Facilities Agreement relating to the development, Rosemary Ridge Addition Phase 4 for Water, Sewer, Paving, Storm Drain, Street 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 Nine Hundred Fifty Fo ar Thousand One Hundred Forty Nine Dollars' & 08/100 Dollars ($954,149.08), 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 ME 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 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 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.g,ov Confirmation Number: 817-392-7810 and/or CFA Division Email: CFA(d,fortworthtexas. ov 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: Bloomfield Homes,L.P./Donald J.Dykstra, President 1050 E.Hwy 114, Suite 210 Southlake, TX 76092 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 4of12 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 5of12 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: Bloomfield Homes, L.P. Jesus (�90 ) w Jesus J. Chapa Donald JDonald J Dykstra 2019) Assistant City Manager Name: Donald J. Dykstra Title: Presidcnt Date: Feb 13,2019 Date: Feb 13,2019 Approved as to Form &Legality: Contract Compliance Manager Richard A.McCracken(Feb 13,2019) By signing I acknowledge that I am the Richard A. McCracken person responsible for the monitoring and Assistant City Attorney administration of this contract, including ensuring all performance and reporting ATTEST: FART requirements. O� •.% Janie,Soap&-ft Morales Mary -Kd SY er �; :� A Janie Scarlett Morales(Feb 13,2019) Mary J.Kayser(Feb-14,2019) j Janie S. Morales Mary J. Kayser * Development Manager City Secretary '•1EXP`� M&C: Date: City of Fort Worth, Texas, Standard Completion Agreement—Self-Funded Revised 09. 7.2017 JLE CFA Official Release Date: 07.01.2015CQAL RECORD Page b of 12 CITY SECRETARY FT WORTH,TX 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 ME CFA Official Release Date: 07.01.2015 Page 7of12 ATTACHMENT "1" Changes to Standard Agreement Self-Funded Completion Agreement None City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE CFA Official Release Date: 07.01.2015 Page 8of12 EXHIBIT A LEGAL DESCRIPTION OWNER'S CERTIFICATE STATE OF TEXAS: COUNTY OF TARRANT: WHEREAS BLOOMFIELD HOMES, L.P. is the owner of a tract of land situated in the Moses Walters Survey, Abstract No. 1598, City of Fort Worth, Tarrant County, Texas, being a portion of Tract I as described in deeds to Bloomfield Homes, L.P., recorded in D213322818 &D216123147, Deed Records, Tarrant County, Texas, and being more particularly described as follows: BEGINNING at a 5/8" rebar found at the southwest corner of the southerly terminus of Mountain Meadow Road(60'R.O.W.) and the most southerly corner of Lot 25, Block 121 per the final plat of Rosemary Ridge Addition, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Cabinet A, Slide 10512, Plat Records, Tarrant County Texas, being the most westerly corner of the Mountain Meadow Road per D217137005, OPRTCT, said point lying in a northwesterly line of said Bloomfield Homes Tract I; THENCE S 45008'26" E, along the southwesterly right-of-way line of said Mountain Meadow Road, a distance of 258.56 feet to a 1/2" rebar capped set; THENCE departing the southwesterly line of said Mountain Meadow Road, across said Bloomfield Homes Tract II, as follows: S 44°51'34" W, a distance of 70.00 feet to a 1/2" rebar capped set; S 33°31'26" W, a distance of 50.99 feet to a 1/2"rebar capped set; S 11'14'25" E, a distance of 63.03 feet to a 1/2" rebar capped set; S 73012'49" E, a distance of 129.09 feet to a 1/2" rebar capped set; S 81'46'36" E, a distance of 106.13 feet to a 1/2" rebar capped set; N 89°51'34" E, a distance of 410.00 feet to a 1/2" rebar capped set; City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE CFA Official Release Date: 07.01.2015 Page 9 of 12 S 00°08'26" E, a distance of 92.00 feet to a 1/2" rebar capped set; S 44°51'34" W, a distance of 14.14 feet to a 1/2" rebar capped set; S 89°51'34" W, a distance of 203.30 feet to a 1/2" rebar capped set; S 00°08'26" E, a distance of 50.00 feet to a 1/2" rebar capped set; S 45°08'26" E, a distance of 14.14 feet to a 1/2" rebar capped set; S 00°08'26" E, a distance of 184.00 feet to a 1/2" rebar capped set; S 44°51'34" W, a distance of 14.14 feet to a 1/2" rebar capped set; S 00°08'26" E, a distance of 50.00 feet to a 1/2" rebar capped set in the south line of said Bloomfield Homes Tract II and the north line of a tract of land as described in General Warranty Deed to Jo Betsy Hampton Kirk, Trustee of the Jo Betsy Hampton Kirk Revocable Trust, recorded in D206372034, Official Public Records, Tarrant County, Texas; THENCE S 89°51'34" W, along the south line of said Bloomfield Homes Tract 11 and the north line of said Kirk tract, a distance of 1145.00 feet to a 1/2" rebar found; THENCE N 00008'26" W, departing the north line of said Kirk tract, along the west line of said Bloomfield Homes Tract II and the east line of a tract of land as described in deed to Southwood Baptist Church, recorded in D216270945, OPRTCT, at a distance of 74.82 feet passing a 5/8" rebar capped Dunaway found at the southeast corner of Lot 43, Block 121, Rosemary Ridge Addition, an addition to the City of Fort Worth,Tarrant County, Texas as recorded in Cabinet A, Slide 11733, PRTCT, continuing a total distance of 404.91 feet (deeds 405.00 feet&405.11 feet) to a 5/8"rebar capped found at the most westerly northwest corner of said Bloomfield Tract II and the northeast corner of said Lot 43, Block 121, said point lying in the south line of said Rosemary Ridge Addition recorded in Cabinet A, Slide 10512, PRTCT; THENCE along the south line of said Rosemary Ridge Addition and a reentrant line of said Bloomfield Homes Tract 11, as follows: N 89°51'34" E, a distance of 319.69 feet to a 1/2" rebar capped set; S 83°41'21" E, a distance of 48.50 feet to a 1/2" rebar capped set; THENCE along the southeasterly line of said Rosemary Ridge Addition and the northwesterly line of said Bloomfield Homes Tract 1I, as follows: City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 ME CFA Official Release Date: 07.01.2015 Page 10 of 12 N 14°53'52"E, a distance of 126.38 feet to a 1/2"rebar capped set; N 20°20'15" E, a distance of 63.94 feet to a 1/2"rebar capped set; N 29°2959" E, a distance of 63.98 feet to a 1/2"rebar capped set; N 38°03'44" E, a distance of 63.93 feet to a 5/8" rebar found; N 44°51'34" E, a distance of 153.28 feet to the POINT OF BEGINNING and containing 593,663 square feet or 13.629 acres of land. City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 ME CFA Official Release Date: 07.01.2015 Page 11 of 12 EXHIBIT B APPROVED BUDGET Section I . Water $148,855.00 Sewer $194,273.40 Sub-total $343,128.40 Section II Interior Streets $466;830.10 Storm Drains $92,424.10 Sub-total $559,254.20 Section III Street Lights $51,766.48 Sub-total $51,766.48 TOTAL $954,149.08 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