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HomeMy WebLinkAboutContract 55317 Received Date: Feb 18,2021 Received Time: 3:04 pm Developer and Project Information Cover Sheet: Developer Company Name: Rainbow Ridge,LLC. Address, State,Zip Code: 1 2325 Dean Way, Suite 110,Southlake,TX,76092 Phone&Email: 817-756-8891,BrucehAimpressionhomes.net Authorized Signatory,Title: I Bruce Heikkinen,Member Project Name: Rainbow Ridge Phase 2A Brief Description: Water, Sewer,Paving, Strom Drain, Street Lights Project Location: North of N. Crowley Cleburne Rd.East of McCart Plat Case Number: FP21-009 Plat Name: Rainbow Ridge Addition Mapsco: Council District: CFA Number: CFA20-0144 City Project Number: [1�726 OFFICIAL RECORD CITY SECRETARY City of Fort Worth,Texas FT.WORTH, TX Standard Community Facilities Agreement Rev.10/5/19[NPC] CSC No. 55317 STANDARD COMMUNITY FACILITIES AGREEMENT This COMMUNITY FACILITIES AGREEMENT("Agreement") is made and entered into by and between The City of Fort Worth("City"), a home-rule municipal corporation of the State of Texas, acting by and through its duly authorized Assistant City Manager, and Rainbow Ridge, LLC ("Developer"),acting by and through its duly authorized representative. City and Developer are referred to herein individually as a"party"and collectively as the"parties." WHEREAS, Developer is constructing private improvements or subdividing land within the corporate limits of Fort Worth, Texas or its extraterritorial jurisdiction, for a project known as Rainbow Ridge Phase 2A("Project"); and WHEREAS, the City desires to ensure that all developments are adequately served by public infrastructure and that the public infrastructure is constructed according to City standards; and WHEREAS, as a condition of approval of the Project,Developer is required to bear a portion of the costs of municipal infrastructure by constructing the public infrastructure necessary for the Project as described in this Agreement("Community Facilities"or"Improvements"); and WHEREAS,as a condition of approval of the Project,Developer is required to meet the additional obligations contained in this Agreement,and Developer may be required to make dedications of land,pay fees or construction costs,or meet other obligations that are not a part of this Agreement.; and WHEREAS,the City is not participating in the cost of the Improvements or Project; and WHEREAS, the Developer and the City desire to enter into this Agreement in connection with the collective Improvements for the Project; NOW,THEREFORE,for and in consideration of the covenants and conditions contained herein, the City and the Developer do hereby agree as follows: 1. CFA Ordinance The Community Facilities Agreements Ordinance("CFA Ordinance"),as amended,is incorporated into this Agreement by reference, as if it was fully set forth herein. Developer agrees to comply with all provisions of the CFA Ordinance in the performance of Developer's duties and obligations pursuant to this Agreement and to cause all contractors hired by Developer to comply with the CFA Ordinance in connection with the work performed by the contractors. If a conflict exist between the terms and conditions of this Agreement and the CFA Ordinance,the CFA Ordinance shall control. 2. Incorporation of Engineering Plans The engineering plans for the Improvements that have been accepted by the City ("Engineering Plans")are incorporated into this Agreement by reference as if fully set out herein. Developer shall provide City of Fort Worth,Texas OFFICIAL RECORD Standard Community Facilities Agreement CITY SECRETARY Rev.10/5/19[NPC] FT.WORTH, TX at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to construct the Improvements required by this Agreement. 3. Description of Improvements; Exhibits and Attachments The following exhibits describe the general location, nature and extent of the Improvements that are the subject of this Agreement and are attached hereto and incorporated herein by reference: ® Exhibit A: Water ® Exhibit A-1: Sewer ® Exhibit B: Paving ® Exhibit B-1: Storm Drain ® Exhibit C: Street Lights & Signs The Location Map and Cost Estimates are also attached hereto and incorporated herein by reference. To the extent that Exhibits A, A-1, B, B-1, C, the Location Map, or the Cost Estimates conflict with the Engineering Plans, the Engineering Plans shall control. If applicable, Attachment 1 — Changes to Standard Community Facilities Agreement, Attachment 2 — Phased CFA Provisions, and Attachment 3 — Concurrent CFA Provisions, are attached hereto and incorporated herein for all purposes. 4. Construction of Improvements Developer agrees to cause the construction of the Improvements contemplated by this Agreement and that said construction shall be completed in a good and workmanlike manner and in accordance with all City standards and specifications, the Engineering Plans, the Cost Estimates provided for the Improvements,and this Agreement. Developer acknowledges that City will not accept the Improvements until the City receives affidavits and lien releases signed by Developer's contractors verifying that the contractors, and all subcontractors and material suppliers, have been paid in full for constructing the Improvements, and consent of the surety on payment and performance bonds provided for the Improvements. 5. Financial Guarantee Developer has provided the City with a financial guarantee in the form and amounts set forth in this Agreement which guarantees the construction of the Improvements and payment by Developer of all contractors, subcontractors, and material suppliers for the Improvements ("Financial Guarantee"). Developer shall keep the Financial Guarantee in full force and effect until released by the City and shall not reduce the amount of the Financial Guarantee unless authorized by the City in accordance with the CFA Ordinance. 6. Completion Deadline; Extension Periods This Agreement shall be effective on the date this Agreement is executed by the City's Assistant City Manager ("Effective Date"). Developer shall complete construction of the Improvements and obtain the City's acceptance of the Improvements within two (2) years of the Effective Date ("Term"). City of Fort Worth,Texas Page 3 of 15 Standard Community Facilities Agreement Rev.10/5/19[NPC] If construction of the Improvements has started during the Term, the Developer may request that this Agreement be extended for an additional period of time("Extension Period"). All Extension Periods shall be agreed to in writing by the City and the Developer as set forth in a written amendment to this Agreement. In no event shall the Term of this Agreement plus any Extension Periods be for more than three years. 7. Failure to Construct the Improvements (a) The City may utilize the Developer's Financial Guarantee to cause the completion of the construction of the Improvements if at the end of the Term, and any Extension Periods, the Improvements have not been completed and accepted by the City. (b) The City may utilize the Developer's Financial Guarantee to cause the completion of the construction of the Improvements or to cause the payment of costs for construction of the Improvements before the expiration of the Term, and any Extension Period, if the Developer breaches this Agreement,becomes insolvent, or fails to pay costs of construction. (c) If the Financial Guarantee is a Completion Agreement and the Developer's contractors or suppliers are not paid for construction costs or materials supplied for the Improvements the contractors and suppliers may place a lien upon any property which the City does not have an ownership interest that is the subject of the Completion Agreement. (d) Nothing contained herein is intended to limit the Developer's obligations under the CFA Ordinance, this Agreement, the Financial Guarantee, Developer's agreements with Developer's contractors,or other related agreements. 8. Termination If Developer desires to terminate this Agreement before Developer's contractors begin constructing the Improvements, Developer agrees to the following: (a) that Developer and City must execute a termination of this Agreement in writing; (b) that Developer will vacate any final plats that have been filed with the county where the Project is located; and (c) to pay to the City all costs incurred by the City in connection with this Agreement, including time spent by the City's inspectors at preconstruction meetings. 9. Award of Construction Contracts (a) Developer will award all contracts for the construction of the Improvements and cause the Improvements to be constructed in accordance with the CFA Ordinance. (b) Developer will employ construction contractors who meet the requirements of the City to construct the Improvements including,but not limited,to being prequalified,insured,licensed and bonded to construct the Improvements in the City. City of Fort Worth,Texas Page 4 of 15 Standard Community Facilities Agreement Rev.10/5/19[NPC] (c) Developer will require Developer's contractors to provide the City with payment and performance bonds naming the City and the Developer as dual obligees, in the amount of one hundred percent (100%) of the cost of the Improvements as required by the CFA Ordinance. The payment and performance bonds shall guarantee construction of the Improvements and payment of all subcontractors and material suppliers. Developer agrees to require Developer's contractors to provide the City with a maintenance bond naming the City as an oblige, in the amount of one hundred percent(100%) of the cost of the Improvements, that guarantees correction of defects in materials and workmanship for the Improvements by the contractor and surety for a period of two (2) years after completion and final acceptance of the Improvements by the City. All bonds must be provided to the City before construction begins and must meet the requirements of the City's Standard Conditions,Chapter 2253 of the Texas Government Code,and the Texas Insurance Code. (d) Developer will require Developer's contractors to provide the City with insurance equal to or in excess of the amounts required by the City's standard specifications and contract documents for developer-awarded infrastructure construction contracts. The City must be named as an additional insured on all insurance policies. The Developer must provide the City with a Certificate of Insurance (ACORD or form approved by the State of Texas), supplied by each contractor's insurance provider,which shall be made a part of the Project Manual. (e) Developer will require the Developer's contractors to give forty-eight(48)hours' advance notice of their intent to commence construction of the Improvements to the City's Construction Services Division so that City inspection personnel will be available. Developer will require Developer's contractors to allow construction of the Improvements to be subject to inspection at any and all times by the City's inspectors. Developer will require Developer's contractors to not install or relocate any sanitary sewer, storm drain, or water pipe unless a City inspector is present and gives consent to proceed,and to allow such laboratory tests as may be required by the City. (f) Developer will not allow Developer's contractors to begin construction of the Improvements until a notice to proceed to construction is issued by the City. (g) Developer will not allow Developer's contractors to connect buildings to service lines of sewer and water mains constructed pursuant to this Agreement, if any, until said sewer, water mains and service lines have been completed to the satisfaction of the City. 10. Utilities Developer shall cause the installation or adjustment of utilities required to: (1) serve the Project; and (2) to construct the Improvements required herein. City shall not be responsible for payment of any costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with any of the Improvements to be constructed pursuant to this Agreement. 11. Easements and Rights-of-Way Developer agrees to provide,at its expense,all necessary rights-of-way and easements required for the construction and dedication to the City of the Improvements provided for by this Agreement. City of Fort Worth,Texas Page 5 of 15 Standard Community Facilities Agreement Rev.10/5/19[NPC] 12. Liability and Indemnification (a) DEVELOPER HEREBY RELEASES AND AGREES TO INDEMNIFY, DEFEND AND HOLD THE CITY HARMLESS FOR ANY INADEQUACIES IN THE PRELIMINARY PLANS, SPECIFICATIONS, ENGINEERING PLANS, AND COST ESTIMATES SUPPLIED BY THE DEVELOPER FOR THIS AGREEMENT. (b) THE DEVELOPER COVENANTS AND AGREES TO,AND BY THESE PRESENTS DOES HEREBY FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS,AGENTS AND EMPLOYEES FROM ALL SUITS,ACTIONS OR CLAIMS OF ANY CHARACTER, WHETHER REAL OR ASSERTED,BROUGHT FOR OR ONACCOUNT OFANYINJURIES OR DAMAGES SUSTAINED BYANYPERSONS,INCLUDINGDEATH, 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 PROPERL Y 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 SUCHINJURIES,DEATH OR DAMAGESARE CAUSED,IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS,SERVANTS, OR EMPLOYEES. (c) DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, SUITS OR CAUSES OF ACTION OF ANY NATURE WHATSOEVER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ON ACCOUNT OF ANY INJURIES OR DAMAGES TO PERSONS OR PROPERTY, INCLUDING DEATH,RESULTING FROM, OR INANY WAY CONNECTED WITH, THE CONSTRUCTION OF THE IMPROVEMENTS CONTEMPLATED HEREIN, WHETHER OR NOT SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS, SERVANTS, OR EMPLOYEES. FURTHER, DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY FOR ANY LOSSES, DAMAGES, COSTS OR ERPENSES SUFFERED BY THE CITY OR CAUSED AS A RESULT OF SAID CONTRACTORS' FAILURE TO COMPLETE THE WORK AND CONSTRUCT THE IMPROVEMENTS IN A GOOD AND WORKMANLIKE MANNER, FREE FROM DEFECTS,IN CONFORMANCE WITH THE CFA ORDINANCE, AND INACCORDANCE WITH ALL PLANS AND SPECIFICATIONS. 13. Right to Enforce Contracts Upon completion of all work associated with the construction of the Improvements,Developer will assign to the City a non-exclusive right to enforce the contracts entered into by Developer with its contractors,along with an assignment of all warranties given by the contractors,whether express or implied. Further,Developer agrees that all contracts with any contractor shall include provisions granting to the City the right to enforce such contracts as an express intended third party beneficiary of such contracts. City of Fort Worth,Texas Page 6 of 15 Standard Community Facilities Agreement Rev.10/5/19[NPC] 14. Estimated Fees Paid by Developer; Reconciliation Prior to execution of this Agreement, Developer has paid to the City the estimated cost of administrative material testing service fees, construction inspection service fees,and water testing lab fees in the amounts set forth in the Cost Summary section of this Agreement. Upon completion of the construction of the Improvements, the City will reconcile the actual cost of administrative material testing service fees, construction inspection service fees, and water testing lab fees with the estimated fees paid by Developer. If the actual costs of the fees are more than the estimated payments made by the Developer, the Developer must pay the difference to the City before the Improvements will be accepted by the City. If the actual costs of the fees are less than the estimated payments made by the Developer,the City will refund the difference to the Developer. If the difference between the actual costs and the estimated payments made by the Developer is less than fifty dollars($50.00),the City will not issue a refund and the Developer will not be responsible for paying the difference. The financial guarantee will not be released by the City or returned to the Developer until reconciliation has been completed by the City and any fees owed to the City have been paid by the Developer. 15. Material Testing The City maintains a list of pre-approved material testing laboratories. The Developer must contract with material testing laboratories on the City's list. Material testing laboratories will provide copies of all test results directly to the City and the Developer. If the Improvements being constructed fail a test, the Developer must correct or replace the Improvements until the Improvements pass all retests. The Developer must pay the material testing laboratories directly for all material testing and retesting. The City will obtainproof from the material testing laboratories that the material testing laboratories have been paid in full by the Developer before the City will accept the Improvements. 16. Notices All notices required or permitted under this Agreement may be given to a party by hand- delivery or by mail, addressed to such party at the address stated below. Any notice so given shall be deemed to have been received when deposited in the United States mail so addressed with postage prepaid: CITY: DEVELOPER: Development Coordination Office Rainbow Ridge, LLC City of Fort Worth 2325 Dean Way, Suite 110 200 Texas Street Southlake, TX, 76092 Fort Worth, Texas 76102 With copies to: City Attorney's Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 City of Fort Worth,Texas Page 7 of 15 Standard Community Facilities Agreement Rev.10/5/19[NPC] and City Manager's Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 Or to such other address one party may hereafter designate by notice in writing addressed and mailed or delivered to the other party hereto. 17. Right to Audit Developer agrees that, until the expiration of three (3) years after acceptance by the City of the Improvements constructed pursuant to this Agreement, that the City shall have access to and the right to examine any directly pertinent books, documents, papers and records of the Developer involving transactions relating to this Agreement. Developer agrees that the City shall have access during normal working hours to all necessary Developer facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Developer reasonable advance notice of intended audits. Developer further agrees to include in all contracts with Developer's contractors for the Improvements a provision to the effect that the contractor agrees that the City shall,until the expiration of three(3)years after final payment under the contract,have access to and the right to examine any directly pertinent books, documents,papers and records of such contractor, involving transactions to the contract, and further,that City shall have access during normal working hours to all of the contractor's facilities,and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Developer's contractors reasonable advance notice of intended audits. 18. Independent Contractor It is expressly understood and agreed that Developer and its employees, representative, agents, servants,officers,contractors,subcontractors,and volunteers shall operate as independent contractors as to all rights and privileges and work performed under this Agreement, and not as agents, representatives or employees of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Developer shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer acknowledges that the doctrine of respondeat superior shall not apply as between the City and its officers, representatives, agents, servants and employees, and Developer and its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Developer. It is further understood that the City shall in no way be considered a co-employer or a joint employer of Developer or any employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers of Developer. Neither Developer, nor any officers, agents, servants, employees or subcontractors of Developer shall be entitled to any employment benefits from the City. Developer shall be responsible and liable for any and City of Fort Worth,Texas Page 8 of 15 Standard Community Facilities Agreement Rev.10/5/19[NPC] all payment and reporting of taxes on behalf of itself, and any of employees, representatives, agents, servants, officers, contractors, subcontractors,and volunteers. The City, through its authorized representatives and employees, shall have the sole and exclusive right to exercise jurisdiction and control over City employees. 19. Applicable Law; Venue This Agreement shall be construed under and in accordance with Texas law. Venue shall be in the state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas,Fort Worth Division. 20. Non-Waiver The failure of the City to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely on any such term or right on any future occasion. 21. Governmental Powers and Immunities. It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities. 22. Headings The paragraph headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. 23. Severability In the event that any clause or provision of this Agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not affect any of the remaining provisions hereof. 24. Review of Counsel City and Developer, and if they so choose,their attorneys,have had the opportunity to review and comment on this document;therefore any rule of contract construction or interpretation that would normally call for the document to be interpreted as against the drafting party shall not apply in interpretation of this Agreement, and each section, portion, and provision of this Agreement shall be construed solely on the basis of the language contained therein, regardless of who authored such language. City of Fort Worth,Texas Page 9 of 15 Standard Community Facilities Agreement Rev.10/5/19[NPC] 25. Prohibition on Boycotting Israel 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 with 10 or more full-time employees that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and(2)will not boycott Israel during the term of the contract. The term"boycott Israel"has the meaning ascribed to it by Section 808.001 of the Texas Government Code. The term"company"has the meaning ascribed to it by Section 2270.001 of the Texas Government Code. To the extent that Chapter 2270 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not boycott Israel; and(2)will not boycott Israel during the term of this Agreement. 26. Immigration and Nationality Act Developer shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Developer shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Developer shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Developer employee who is not legally eligible to perform such services.DEVELOPER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY DEVELOPER, DEVELOPER'SEMPLOYEES,SUBCONTRACTORS,AGENTS,OR LICENSEES. City,upon written notice to Developer, shall have the right to immediately terminate this Agreement for violations of this provision by Developer. 27. Amendment No amendment,modification, or alteration of the terms of this Agreement shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by the City and Developer. 28. Assignment and Successors Developer shall not assign or subcontract all or any part of its rights,privileges,or duties under this Agreement without the prior written consent of City. Any attempted assignment or subcontract without the City's prior written approval shall be void and constitute a breach of this Agreement. 29. No Third-Party Beneficiaries The provisions and conditions of this Agreement are solely for the benefit of the City and Developer, and any lawful assign or successor of Developer, and are not intended to create any rights, contractual or otherwise,to any other person or entity. City of Fort Worth,Texas Page 10 of 15 Standard Community Facilities Agreement Rev.10/5/19[NPC] 30. Compliance with Laws,Ordinances,Rules and Regulations Developer, its officers, agents, servants, employees, and contractors, shall abide by and comply with all laws, federal, state and local, including all ordinances, rules and regulations of City. It is agreed and understood that, if City calls to the attention of Developer any such violation on the part of Developer or any of its officers, agents, servants, employees, or subcontractors, then Developer shall immediately desist from and correct such violation. 31. Signature Authority The person signing this Agreement on behalf of Developer warrants that he or she has the legal authority to execute this Agreement on behalf of the Developer, and that such binding authority has been granted by proper order,resolution,ordinance or other authorization of the entity. The City is fully entitled to rely on this warranty and representation in entering into this Agreement. 32. Counterparts This Agreement may be executed in multiple counterparts, each of which will be deemed an original,but which together will constitute one instrument. 33. Entire Agreement This written instrument, together with any attachments, exhibits, and appendices, constitutes the entire understanding between the City and Developer concerning the work to be performed hereunder,and any prior or contemporaneous, oral or written agreement that purports to vary from the terms hereof shall be void. [REMAINDER OF PAGE INTENTIONALLY BLANK] City of Fort Worth,Texas Page 11 of 15 Standard Community Facilities Agreement Rev.10/5/19[NPC] 34. Cost Summary Sheet Project Name: Rainbow Ridge Phase 2A CFA No.: CFA20-0144 City Project No.: 102726 Items Developer's Cost A. Water and Sewer Construction 1. Water Construction $ 244,381.00 2.Sewer Construction $ 288,425.20 Water and Sewer Construction Total $ 532,806.20 B. TPW Construction 1.Street $ 606,388.25 2.Storm Drain $ 453,263.50 3.Street Lights Installed by Developer $ 78,140.08 4. Signals $ - TPW Construction Cost Total $ 1,137,791.83 Total Construction Cost(excluding the fees): $ 1,670,598.03 Estimated Construction Fees: C. Construction Inspection Service Fee $52,185.00 D. Administrative Material Testing Service Fee $11,564.00 E. Water Testing Lab Fee $690.00 Total Estimated Construction Fees: $ 64,439.00 Choice Financial Guarantee Options,choose one Amount Mark one Bond=100% $ 1,670,598.03 Completion Agreement=100%/Holds Plat $ 1,670,598.03 x Cash Escrow Water/Sanitary Sewer-125% $ 666,007.75 Cash Escrow Paving/Storm Drain=125% $ 1,422,239.79 Letter of Credit=125% $ 2,088,247.54 City of Fort Worth,Texas Page 12 of 15 Standard Community Facilities Agreement Rev.10/5/19[NPC) IN WITNESS WHEREOF,the City and Developer have each executed this Agreement by their duly authorized signatories to be effective on the date executed by the City's Assistant City Manager. CITY OF FORT WORTH DEVELOPER Rainbow Ridge,LLC zmq aujd40 z Dana Burghdoff(F 18,20211 :15 CST) Bruce I ioiAkinen Dana Burghdoff Bruce Heikkinen(Feb 18,202110:24 CST) Assistant City Manager Name: Bruce Heikkinen Title: Member Date: Feb 18,2021 Date: Feb 18,2021 Recommended by: Evelyn Roberts/Jennifer Ezernack Project Assistant Planning and Development Approved as to Form &Legality: Richard A.McCracken(Feb 18,202111:44 CST) Contract Compliance Manager: Richard A.McCracken Sr.Assistant City Attorney By signing, I acknowledge that I am the person M&C No. NSA responsible for the monitoring and Date: administration of this contract,including g4444�n� ensuring all performance and reporting Form 1295: NSA dad FORTad requirements. I O° �� °=d P ° ATTEST' °0o o* e scarlett Morales(Feb 18,2ou 1o:ss csT) a o°OOE0000°° a �? aaa�� X.o Name: Janie Scarlett Morales nan�4 Title: Development Manager Mary J.Kayser/Ronald Gonzales City Secretary/Assistant City Secretary OFFICIAL RECORD CITY SECRETARY City of Fort Worth,Texas FT.WORTH, TX Standard Community Facilities Agreement Rev.10/5/19[NPC] The following attachments are incorporated into this Agreement. To the extent a conflict exists between the main body of this Agreement and the following attachments, the language in the main body of this Agreement shall be controlling. Included Attachment ® Attachment 1 -Changes to Standard Community Facilities Agreement ❑ Attachment 2—Phased CFA Provisions ❑ Attachment 3 —Concurrent CFA Provisions ® Location Map ® Exhibit A: Water Improvements ® Exhibit A-1: Sewer Improvements ® Exhibit B: Paving Improvements ® Exhibit B-1: Storm Drain Improvements ® Exhibit C: Street Lights and Signs Improvements ® Cost Estimates (Remainder of Page Intentionally Left Blank) City of Fort Worth,Texas Page 14 of 15 Standard Community Facilities Agreement Rev.10/5/19[NPC] ATTACIEMENT"1" Changes to Standard Community Facilities Agreement City Project No. 102726 None City of Fort Worth,Texas Page 15 of 15 Standard Community Facilities Agreement Rev.10/5/19[NPC] N d' N � � N N I w W w z 1S 831NXOd I wN tii W CS w a N I � I � a �b of I b� b 0 r '1 jdO m Iq O 0 H� rn 6jb a ,'�; �o a00o O > 1D L6 J .02 n L-u CN "ID/k Q� I N oWNwgLu z �b�V p N V za °c ,^jZ a� V w a " O J Q I CQ d 0v~i� Nva m �b0 o G w Z d' Q '1� Lo Ni& I p O O u; �p 6Y I� Q) a N d I oC C� o I� z o O � j W o W � ^ N z H N N e-I U_ m � O aW � � � �b0 o I Z L 0O V u-j � � b/`'�� �- QL LA Oyp� 1S w Lwu= V 1S > wI (Dzpz0 � z Ob�`yS v~) w w0 �nLLaLL �- w fi� OI V� U F- I 0_ O � ,,•• Z o wlPM t t 3 t� iONa �M u N^c . r N c Q m O m O h Lo 6mp•yj:)\salglLD(3\yj:)\s6uimejd\I.NID\900\060E\000£00\OO9uolpnpad\waQ.sAs 9I1J\LAJ0m::9\\:H1tld3lI3 WV£Z:6:1tl OZOZ'bZ jagwanoN'Aepsanl:NO ojaijanE)sinl:AS 4311O1d § e § E ) co § � Q =\ LU LU V�� $ §2 LU B § Lu 0 Ln ® G K G _ , ' � � i �2 �� §§ § @ § _ _ A » 0 he U. � `, \Lzu 5, j z = �L ( » � §§ \§§ § Ch �§. , 22 � z �\ i � � �qK ) m — ° \ � , , , � /®� • 8r 3 fo >' I « kE . 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Ij Lm oz pWFcmn ^ � a , m w m J V Q Q Q Q x n m w = UU z > Woc0m7 x H w Q J O V U a ZQC13 z a ( Z 0 O y Z Z w0 �nLLa LLu a � 2 a o (D CD FoW J N a LLza I I w N O 025 (D LU l WIN111M CoZ � � X `n p W2Co � \ � h aN I V Z a cr- cj_ W W \ m h R W a Wpm � mod � i\ I I • s t 0 � 3 t� a LL N-,j� / I O W>7 �C'• N n cO c m D ¢ n Q z � — a m lei � 6mp•yj:)\salglLD(3\yj:)\s6ulmeja\I.NID\900\060E\000£00\OO9uol:pnpad\wa).sAs 9I1J\L4J0M::9\\:H1tld3-II3 Wd Tb:T:1tl OZOZ'bZ jagwanoN'Aepsanl:NO ojaijanE)slnl:AS 4311O1d RAINBOW RIDGE PH2A 004243 CITY PROJECT NO.102726 DAP-BID PROPOSAL Page I or4 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. Description Unit Price Bid Value Section No. Measure Quantity UNIT I:WATER IMPROVEMENTS 1 0241.1013 Remove 8"Water Line 0241 14 LF 37 $9.00 $333.00 2 3305.0003 8"Waterline Lowering 3305 12 EA 6 $3.800.00 $22,800.00 3 3311.0261 8"PVC Water Pipe 33 11 12 LF 3290 $26,00 $82,250.00 4 3312.2203 1"Water Service 33 12 10 EA 105 $860-00 $90,300.00 --__- _ 5 3312.3003 8"Gate Valve 33 12 20 EA 5 $1.460.00 $7,300.00 6 3312.0001 Fire Hydrant 331240 EA 6 $4,520.00 $27,120.00 7 3311.0001 Ductile Iron Water Fittings wl Restraint 33 11 11 TON 2.43 $4,300.00 $10,449.00 8 3312.0117 Connection to Existing 4"-12"Water Main 331225 EA 5 $700.00 $3,500.00 9 3305.0109 Trench Safety _ 3305 10 LF 3290 $0.1.0 $329.00 10 _ - 11 _.,. 12 13 - - 14 -- -- 15 -- -- 15 — — 17 - 18 - 19 20 - 21 -- 22 23 24 25 26 27 28 - -29 - 30 31 32 33 34 T_ 35 36 -- 37 - -. 38 39 - 40--- - - - 41 - - - -43 44 --- --45 - - TOTAL UNIT I:WATER IMLROVEMENTJ $244,381.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Foy Version May 22,2019 00 42 43—Bid Proposal_DAP BURNSCO.xIs I RAINBOW RIDGE PH2A 004243 CITY PROJECT NO, I02726 DAP-BID PROPOSAL Page 2 of 4 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Projectltem Information Bidders Proposal Bidlist Item Description Specification Unit of Bid No. p Section No. Measure Quantity Unit Price Bid Value UNIT II:SANITARY SEWER IMPROVEMENTS 1 0241.2013 Remove 8"Sewer Line 0241 14 LF 10 $10.00 $100.00 2 3331.4115 8"Sewer Pipe 3331 20 LF— 3564 $35.00 $124,740.00 3 3331.4116 8"Sewer Pipe,CSS Backfill 3311 10� LF 283 $36.00 $10,188.00 4 3331.3101 4"Sewer Service 3331 50 EA 104 _ $780.00 $81,120.00 -- 5 3331.3201 6"Sewer Service 3331 50 EA j ..__ $1,350.00 $1,350.00 6 3339A001 4'Manhole 33 39 10 EA 15 $3,210.00 $48,150.00 7 3305.0109 Trench Safety 33 05 10 LF 3564 $1.00 $3,564.00 - -- - - 8 0241.1118 4"-12"Pressure Plug �- 0241 14 EA 1 $50.00 $50.00 9 3339.0001 Epoxy Manhole Liner 33 39 60 VF 11 $320.00 $3,520.00 10 3301.0101 Mahole Vacume Testing 33 01 30 EA 15 _ $_140.00 $2,100.00 11 3301.002 Post-CCTV Inspecfion 3301 30 LF 3564 $3.80 $13,543.20 12 13 14 15 - 16 17 - 1$ 20 - - 21 - - 22 - 23-- - 24 25 26 --27 -- - - - 28 29 30 - - 31 32 33 34 - --- -- - -- ----- _..._..... 35 36 37 38 39 _ 40 41 42 43---- -- 44 - TOTAL UNIT II:SANITARY SEWER IMPROVEMENT $288,425.20 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Form V ersion P.1ay 22,2019 00 42 43 Bid Pmposal_DAP BURNSCO.As RAINBOW RIDGEPH2A 004243 CITY PROJECT NO. 102726 DAP-BID PROPOSAL Page 3 of 4 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidders Proposal Bidlist Item Descri tion Specification Unit of Bid No. p Section No. Measure Quantity Unit Price Bid Value UNIT III: DRAINAGE IMPROVEMENTS - 1 3341.1302 6x3 Box Culvert 3341 10 LF _ 46 $596,00 _ $27,416.00 2 u 3341.1201 5x3 Box Culvert 3341 10 _ LF_ 52 $437.00 $22,724.00 3_3341.1102 4x3 Box Culvert 3341 10 _ LF 300 $238.00 $71,40G.00 4 3341,0402 42"RCP,Class_111 3341 10 LF 51 _ $162.00 $8,262.00 5 3341.0309 36"RCP,Class III 3341 10 LF 344 $124.00 $42,656.00 6 3341.0302 30"RCP,Class III 33 41 10 LF 223 $91.00 $20,293.00 - -- -- - - - 7 3341.0208 27"RCP,Class III 33 41 10 LF 501 $78.00 $39,078.00 8 3341.0205 24"RCP,Class III - 3341 10 LF 150 $72.00 $10,800.00 9 3341,0201 21"RCP,Class III_ - 3341 10 - LF 147- $62.00 $9,114.00 10 3349.0002 5'Storm Junction Box W 33 49 10 EA 3~ $5,400.00 $16,200.00 11 3349.0001 4'Storm Junction Box 33 49 10 EA 5 - $5,000.00 $25,000.00 - 12 3349.0902 4'Manhole Riser - 33 49 10 EA 1 $1,700.00 $1,700.00 13 0241.4202 Remove 5'Drop Inlet 02 41 14 EA 1 $900.00 $900-00 14 3349.5002 15'Curb Inlet 33 49 20 EA 8 $5,300.00 $42,400,00 15 3349.5001 10'Curb Inlet 33 49 20 EA -- 6 $4,100.00 $24,600.00 - ---- 16 3349.7002 5'Drop Inlet 33 49 20 _ EA 1 17 0241.3017 Remove 30"Storm Line 02 41 14 LF 6-_ �.._ _ $10.00 .$60.00 __18 3305.0412 Concrete Collar 3305 17 EA- 1 $_500.00_ $500.00 19 3137.0104 Medium Stone Riprap, Dry 31 37 00 Sy 370 $59.00 $21,830.00 20 9999.0002 TxDOT 6'x3'SW-0 Headwall 0000 00 EA 1 $10,000.00 $10,000.00 _ 21 3213.0101 6"Conc.Pvmt 3213 13 Sy 383 $75.50 $28,916.50 22 9999.0003 OutIa11 structure _ 00 00 00 EA 1 _ $8,700.00_ $8,700.00 23 3349.2009 42"Parallel Headwall,1 Pipe - w 33 49 40 EA 1 $3,800.00 $3,800.00 - --- - ------ 24 9999.0004 TxDOT 4'x3'SW-0 Headwall 00 00 00 EA 1 $9,500.00 $9,500.00 25 3305.0109 Trench Safety 336510 LF 1814 $1.00 $1,814.00 26 27 28 -- - ---- - 29 30 - - -------.._.� - - - 31 - 32 33 34 - 35 -- --- -- -- 36 - ---- -- 38 39 -- - 40 _. 41 -- 42 - 43 ----- 45 - TOTAL UNIT III: DRAINAGE IMPROVEMENT $453,263.50 12 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Foam Version May 22,2019 00 42 43_Bid Proposat_DAP BURNSCO.As RAINBOW RIDGE PIRA 004243 CITY PROJECT NO. 102726 DAP-BID PROPOSAL Page 4 of 4 SECTION 00 42 43 Developer Awarder!Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification Unit of Bid Description Unit Price Bid Value No. Section No, Measure Quantity Bid Summary UNIT I:WATER IMPROVEMENTS $244,381.00 UNIT II:SANITARY SEWER IMPROVEMENTS $288,425.20 UNIT III:DRAINAGE IMPROVEMENTS $453,263.50 Total Construction Bid $986,069.70 This Bid is submitted by the entity named below: BIDDER: BY: BURNSCO CONSTRUCTION,INC L/6L-- 6331 SOUTHWEST BLVD )(Vt, BENBROOK,TEXAS 76132 TITLE: Vice President DATE: December 1,2020 Contractor agrees to complete WORK for FINAL ACCEPTANCE within 90 working days after the date when the CONTRACT commences to run as provided in the General Conditions. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Fom Version May 22,20I9 00 42 43_Bid Propose]DAP BURNSCO.xIs RAINBOW RIDGE PH2A 004243 CITY PROJECT NO.102726 DAP-BID PROPOSAL Page 1 of 2 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification Unit of Bid Description Unit Price Bid Value No. I Section No. Measure Quantity UNIT IV:PAVING IMPROVEMENTS 1 3213.0501 Barrier Free Ramp,Type R-1 0241 13 EA 8 $2,050.00 $16,400.00 2 3213.0301 4"Conc Sidewalk 32 13 20 SF 9884 $5.75 $56,833.00 3 3213.0101 6"Conc Pvmt 32 13 13 Sy 11682 $36.05 $421,136.10 4 3211.0501 6"Lime Treatment 3211 29 Sy 12383 $2.95 $36,529.85 5 3211.0400 Hydrated Lime @ 30 Ib/sy 3211 29 TN 186 $175.00 $32,550.00 6 3441.4003 Furnish/Install Alum Sign Ground Mount City 3471 13 EA 6 $500.00 $3,000.00 7 3471.0001 Traffic Control 3471 13 MO 1 $2,500.00 $2,500.00 8 3292.0100 Block Sod Placement 32 92 13 Sy 1244 $1.00 $1,244.00 9 3125.0101 SWPPP> 1 acre 31 2500 LS 1 $2,500.00 $2,500.00 10 0241.1100 Remove Asphalt Pvmt 0241 15 Sy 1252 $7.00 $8,764.00 11 9999.0005 End Road Barricade(TxDOT) 00 00 00 EA 2 $1,500.00 $3,000.00 12 3217.0501 24"SLD Pvmt Marking HAW(W) 32 17 23 LF 14 $24.95 $349.30 13 3291.0100 Topsoil 3291 19 CY 207 $50.00 $10,350.00 14 3212.0503 6"Asphalt Base Type B 32 12 16 Sy 108 $69.25 $7,479.00 15 3212.0303 3"Asphalt Pvmt Type D 32 12 16 Sy 108 $34.75 $3,753.00 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 TOTAL UNIT IV:PAVING IMPROVEMENTS1 $606,388.25 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Form Version May 22,2019 00 42 43 Bid Proposal DAP GH,CO.xls RAINBOW RIDGE PH2A 004243 CITY PROJECT NO.102726 DAP-BID PROPOSAL Page 2 of 2 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. Description Section No. Measure Quantity Unit Price Bid Value Bid Summary UNIT IV:PAVING IMPROVEMENTS $606,388.25 Total Construction Bid $606,388.25 This Bid is submitted by the entity named below: BIDDER: BY: Charles Mooney GILCO CONTRACTING,INC. 6331 SOUTHWEST BOULEVARD BENBROOK,TEXAS 76132 TITLE:Contract Manager DATE:12/2/2020 Contractor agrees to complete WORK for FINAL ACCEPTANCE within 50 working days after the date when the CONTRACT commences to run as provided in the General Conditions. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Form Version May 22,2019 00 42 43_Bid Proposal DAP GH,CO.xls RAINBOW RIDGE PH2A 004243 CITY PROJECT NO. 102726 DAP-BID PROPOSAL Page 1 of 2 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification Unit of Bid Description Unit Price Bid Value No. Section No. Measure Quantity UNIT V:STREET LIGHTING IMPROVEMENTS 1 2605.3015 2"CONDT PVC SCH 80(T) 26 05 33 LF 1688 $12.08 $20,391.04 2 3441.1408 NO 6 Insulated Elec Condr 3441 10 LF 5064 $1.11 $5,621.04 3 3441.3050 Furnish/Install LED Lighting Fixture(70 watt 3441 20 EA 16 ATBO Cobra Head) $262.00 $4,192.00 4 3441.3301 Rdwy Ilium Foundation TY 1,2,and 4 3441 20 EA 16 $1,116.00 $17,856.00 5 3441.3351 Furnish/Install Rdway Ilium TY 11 Pole 3441 20 EA 16 $1,880.00 $30,080.00 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 TOTAL UNIT V:STREET LIGHTING IMPROVEMENT $78,140.08 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Fom Version May 22,2019 0042 43—Bid Proposal_DAP INDEPENDENT.x1s RAINBOW RIDGE PH2A 004243 CITY PROJECT NO. 102726 DAP-BID PROPOSAL Page 2 of 2 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification Unit of Bid Description Unit Price Bid Value No. Section No. Measure Quantity Bid Summary UNIT V:STREET LIGHTING IMPROVEMENTS $78,140.08 Total Construction Bid $78,140.08 This Bid is submitted by the entity named below: BIDDER: BY: Ri9kad Wolfe INDEPENDENT UTILITY CONSTRUCTION,INC. 5109 SUN VALLEY DRIVE FORT WORTH,TEXAS 76119 TITLE: eSldeflt DATE: 11/25/2020 Contractor agrees to complete WORK for FINAL ACCEPTANCE within 30 working days after the date when the CONTRACT commences to run as provided in the General Conditions. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Form Version May 22,2019 00 42 43_Bid Proposal DAP INDEPENDENT.xis COMPLETION AGREEMENT— SELF FUNDED This Completion Agreement ("Agreement"), is made and entered into by and between the City of Fort Worth, ("City") and RAINBOW RIDGE, LLC, a Texas limited liability companX, 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 17.92 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 21-009 or FS ; and WHEREAS, the Developer and the City have entered into a Community Facilities Agreement relating to the development, RAINBOW RIDGE PHASE 2A for Paving, Drainage, Water, Sanitary Sewer, and Street Light.) ("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 One Million Six Hundred Seventy Thousand Five Hundred Ninety Eight and 03/100 Dollars ($1,670,598.03), hereinafter called the "Completion Amount". Notwithstanding the foregoing, it is acknowledged that the actual costs of completion 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 10 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 10 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: CFA(rfortworthtexas.gov 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 10 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: RAINBOW RIDGE, LLC 2325 DEAN WAY, SUITE 110 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 4 of 10 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 ME CFA Official Release Date: 07.01.2015 Page 5 of 10 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: RAINBOW RIDGE, LLC ,Inmq�Gt�ALl�OF Dana Burghdoff(F 18,20211 :15 CST) Bruce ffohkKinen Dana Burghdoff Bruce Heikkinen(Feb 18,202110:24 CST) Assistant City Manager Name: BRUCE HEIKKINEN Title: Member Date: Feb 18,2021 Date: Feb 18,2021 Approved as to Form &Legality: Richard A.McCracken(Feb 18,202111:44 CST) Contract Compliance Manager: Richard A. McCracken Assistant City Attorney By signing, I acknowledge that I am the person responsible for the monitoring and ATTEST: aa4F0R,��� administration of this contract, including ,��b�o Fo°°°°°°°° 4o =6 ensuring all performance and reporting°oN ddo requirements. �C °o *°O°O ° p, ' Mary J. Kayser a�a� EXp5�Ab escarlett Morales(Feb 18,202110:35 CST) City Secretary ame: Janie Scarlett Morales Time: Development Manager M&C: Date: Feb18,2021 City of Fort Worth, Texas OFFICIAL RECORD Standard Completion Agreement— Self-Funded Revised 09. CITY SECRETARY CFA Official Release Date: 07.01.2015 Page 6 of 10 FT.WORTH, TX LIST OF EXHIBITS ATTACHMENT "I"-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 10 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 8 of 10 EXHIBIT A LEGAL DESCRIPTION AN ADDITION TO TARRANT COUNTY, TEXAS, CITY OF FORT WORTH 17.92 ACRES SITUATED IN THE JOHN H. DUNCAN SURVEY, ABSTRACT NO. 398 IN TARRANT COUNTY, TEXAS City of Fort Worth, Texas Standard Completion Agreement— Self-Funded Revised 09.07.2017 ME CFA Official Release Date: 07.01.2015 Page 9 of 10 PROPERTY DESCRIPTION STATE OF TEXAS )( COUNTY OF TARRANT )( WHEREAS, RAINBOW RIDGE, LLC. IS THE SOLE OWNER OF THE FOLLOWING DESCRIBED PROPERTIES TO WIT: BEING a tract of land situated in the John H. Duncan Survey, Abstract No. 398, City of Fort Worth, Tarrant County, Texas and being all of that certain tract of land described by in the instrument to Rainbow Ridge, LLC, recorded in County Clerk's Document Number D220265574, Deed Records, Tarrant County, Texas, and a part of that certain tract of land described in the instrument to Rainbow Ridge, LLC, recorded in County Clerk's Document Number D219156460, Deed Records, Tarrant County, Texas, said tract of land being more particularly described by metes and bounds as follows: BEGINNING at a 5/8" iron rod with yellow cap stamped "DUNAWAY ASSOC. LP" (hereinafter called 5/8" YCIR) found in the east right—of—way line of Montego Bay Lane (a 50' width public right—of—way), as shown on the plat for Rainbow Ridge Addition, an Addition to the City of Fort Worth, according to the plat recorded in County Clerk's Document Number D219095540, Plat Records, Tarrant County, Texas, for the southwest corner of Lot 3, Block 17, said Rainbow Ridge, LLC; THENCE South 88`10'40" East, along the south line of said Lot 3, a distance of 119.74 feet to a point on the west line of Lot 1, Block 1, J.A. Hargrave Elementary School Addition, according to the plat recorded in Cabinet A, Slide 8569, Plat Records, Tarrant County, Texas for the beginning of a non—tangent curve to the left having a central angle of 08°08'16", a radius of 966.88 feet and a chord bearing and distance of South 05°53'28" West — 137.21 feet; THENCE southwesterly along said Lot 1 and curve to the left, an arc length of 137.21 feet to a 5/8" YCIR g set; THENCE South 01°49'20" West, continuing with the west line of said Lot 1, a distance of 152.23 feet to a 5/8" YCIR set; 0 THENCE South 89'39'04" West, departing the west line of said Lot 1, a distance of 768.94 feet to a 5/8" 3 YCIR set; ° THENCE North 00°20'55" West, a distance of 110.00 feet to a 5/8" YCIR set on the south line of Street 'B' s (a 50' width public right—of—way); THENCE South 8939'04" West, along the south right—of—way line of said Street 'B', a distance of 345.00 sfeet to a 5/8" YCIR set on a corner clip; THENCE South 4439'04" West, along said corner clip, a distance of 14.14 feet to a 5/8" YCIR set on the N east line of Martinique Lane (a 50' width public right—of—way); THENCE South 00°20'56" East, along the east right—of—way line of said Martinique Lane, a distance of 10.00 feet to a 5/8" YCIR set; THENCE South 89'39'04" West, departing the east right—of—way line of said Martinique Lane, a distance of a 50.00 feet to a 5/8" YCIR seton the west right—of—way line of said Martinique Lane; LL THENCE North 00'20'56" West, along the west right—of—way line of said Martinique Lane, a distance of 22.72 a feet to a 5/8" YCIR set; THENCE South 89'39'04" West, departing the west right—of—way line of said Martinique Lane, a distance of N 220.00 feet to a 5/8" YCIR set in the east line of St. Martin Road (a 50' width public right—of—way); THENCE South 00'20'56" East, along the east right—of—way line of said St. Martin Road, a distance of z 222.72 feet to a 5/8" YCIR set on the north line W.N. Crowley Cleburne Road (County Road 1075) (a 60' width public right—of—way); LT O f continued ...... z DUNAWAY 550 Bailey Avenue •Suite 400•Fort Worth,Texas 76107 } Tel:817.335.1121 W FIRM REGISTRATION 10098100 PAGE 1 OF 3 0 J a PROPERTY DESCRIPTION STATE OF TEXAS )( COUNTY OF TARRANT )( conitnued ...... THENCE South 8939'04" West, along the north right—of—way line of said N.W. Crowley Cleburne Road, a distance of 50.00 feet to a 5/8' YCIR set in the west right—of—way line of said St. Martin Road; THENCE North 00°20'56" West, along the west right—of—way line of said St. Martin Road, a distance of 215.00 feet to a 5/8" YCIR set on a corner clip; THENCE North 45°20'56" West, along said corner clip, a distance of 14.14 feet to a 5/8" YCIR set on the south right—of—way line of Street 'A' (a 50' width public right—of—way); THENCE South 8939'04" West, along the south right—of—way line of said Street 'A', a distance of 300.50 feet to a 5/8" YCIR set; THENCE South 0036'33" East, departing the south right—of—way line of said Street 'A', a distance of 110.00 feet to a 5/8" YCIR set; THENCE South 8939'04" West, a distance of 655.62 feet to a 5/8" YCIR set; THENCE South 00°20'56" East, a distance of 38.26 feet to a 5/8" YCIR set; THENCE South 89°39'04" West, a distance of 123.40 feet to a 5/8" YCIR set on the south right—of—way line of Bermuda Court (a 50' width public right—of—way for the beginning of a non—tangent curve to the right having a central angle of 190°13'33", a radius of 51.00 feet and a chord bearing and distance of South g 7535'51" West — 101.59 feet; a THENCE southeasterly along said south right—of—way line and curve to the right, an arc distance of 169.32 0 feet to a 5/8" YCIR set for the end of said curve; THENCE North 60'57'50" West, departing the south right—of—way line of said Bermuda Court, a distance of 119.99 feet to a 5/8" YCIR set; s THENCE North 29°02'10" East, a distance of 502.02 feet to a 5/8" YCIR set on the southerly line of Rainbow Ridge Addition, an Addition to the City of Fort Worth according to the plat recorded in Cabinet A, Slide s9451, Plat Records, Tarrant County, Texas; m THENCE along the southerly line of said Rainbow Ridge Addition the following; s 0 South 60°57'50" East, a distance of 160.00 feet to a 5/8" YCIR set; N South 63°15'38" East, a distance of 74.40 feet to a 5/8" YCIR set; South 69°26'08" East, a distance of 58.71 feet to a 5/8" YCIR set; South 74°59'54" East, a distance of 58.71 feet to a 5/8" YCIR set; South 8033'40" East, a distance of 58.71 feet to a 5/8" YCIR set; a South 85`56'11" East, a distance of 58.72 feet to a 5/8" YCIR set; LL Q North 89'39'44" East, a distance of 612.27 feet to a 5/8" YCIR set on the west right—of—way line of said St. Matrin Road; a South 00'20'56" East, along the west right—of—way line of said St. Martin Road, a distance of 12.28 feet N to a 5/8" YCIR set; 0 North 8939'04" East, departing the west right—of—way line of said St. Martin Road, a distance of 160.00 feet to a 5/8" YCIR set; T O z continued ...... DUNAWAY 550 Bailey Avenue •Suite 400•Fort Worth,Texas 76107 } Tel:817.335.1121 W FIRM REGISTRATION 10098100 PAGE 2 OF 3 0 J a PROPERTY DESCRIPTION STATE OF TEXAS )( COUNTY OF TARRANT )( continued ...... North 00`20'56" West, a distance of 52.64 feet to a 5/8" YCIR set; North 08°46'17" East, a distance of 72.89 feet to a 5/8" YCIR set; North 23°03'22" East, a distance of 70.27 feet to a 5/8" YCIR set; South 60°57'50" East, a distance of 110.00 feet to a 5/8" YCIR set on the west right—of—way line of said Martinique Lane; South 29°02'10" West, along the west right—of—way line of said Martinique Lane, a distance of 5.71 feet to a 5/8" YCIR set; South 60°57'50" East, departing the west right—of—way line of said Martinique Lane, a distance of 162.53 feet to a 5/8" YCIR set; South 00`20'56" East, a distance of 38.13 feet to a 5/8" YCIR set; North 8939'04" East, a distance of 910.15 feet to a 5/8" YCIR set on the east eight—of—way line o said Montego Bay Lane; North 01°49'20" East, along the east right—of—way line of said Montego Bay Lane, a distance of 18.07 feet to the POINT OF BEGINNING and containing a calculated area of 710,839 square feet or 16.319 acres 3 of land. 5 �aI L 0 a rn c 3 m 0 'S FJ io 0 0 0 m o' 0 0 0 0 0 a` C7 w J LL Q V T H Q N N O �y LL T O f DUNAWAY 550 Bailey Avenue •Suite 400•Fort Worth,Texas 76107 } Tel:817.335.1121 W FIRM REGISTRATION 10098100 PAGE 2 OF 3 0 J a EXHIBIT B APPROVED BUDGET Section I Water $244,381.00 Sewer $288,425.20 Sub-total $532,806.20 Section II Interior Streets $606,388.25 Storm Drains $453,263.50 Sub-total $1,059,651.75 Section III Street Lights $78,140.08 Sub-total $78,140.08 TOTAL $1,670,598.03 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 10