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Contract 59115
Received Date: Mar 28, 2023 Received Time: 3:12 pm Developer and Project Information Cover Sheet: Developer Company Name: GBTM Sendera, LLC Address, State, Zip Code: 2805 North Dallas Parkway, Suite 400 Plano, Texas 75093 Phone & Email: 817-658-2112 1 bsamuel@greenbrickpartners.com Authorized Signatory, Title: Bobby Samuel, Authorized Signer Project Name: Sendera Ranch Boulevard Water, Paving, Storm Drain & Street Lights Brief Description: Project Location: North of Existing Sendera Ranch Blvd, North of Rancho Canyon Way Plat Case Number: Plat Name: Mapsco: 5B Council District: 7 CFA Number: 22-0182 City Project Number: 103700 1 IPRC22-0093 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Page 1 of 20 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 City Secretary Number: 59115 STANDARD COMMUNITY FACILITIES AGREEMENT WITH CITY PARTICIPATION 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 GBTM Sendera, 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 Sendera Ranch Boulevard ("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 desires to participate in this Agreement in an amount not to exceed $2,482,285.59 to enlarge the scope of the Improvements beyond what Developer is responsible for constructing to oversize approximately 1127 linear feet of water main from 16-inches to 30-inches, 2,100 linear feet of water main from 12-inches to 30-inches, 875 linear feet of water main from 8-inches to 30- inches and extend the water main an additional 747 linear feet to meet regional demands as authorized by City Council through approval of M&C 23-0122 on February 14th, 2023 ("City Participation"); and WHEREAS, the City Participation includes reimbursement to Developer in amounts not to exceed $2,374,171.65 for construction costs, $47,483.43 for material testing costs, and $18,784.98 for IPRC engineering plan review fees. The remaining City Participation in the amount of $41,845.53 shall not be paid to Developer, but will be used by City to pay for the City's portion of construction inspection service fees, administrative material testing fees, and water lab testing fees; and WHEREAS, the Developer and the City desire to enter into this Agreement in connection with the collective Improvements for the Project; City of Fort Worth, Texas OFFICIAL RECORD page 2 of 20 Standard Community Facilities Agreement with City Participation CITY SECRETARY Rev. 4/2/20 FT. WORTH, TX 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 approved by the City ("Engineering Plans") are incorporated into this Agreement by reference as if fully set out herein. Developer shall provide 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: X❑ Exhibit A: Water ❑ Exhibit A-1: Sewer X❑ Exhibit B: Paving ❑X 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 Standard City Conditions of the Construction Contract for Developer Awarded Projects, the Project Manual, 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 City of Fort Worth, Texas Page 3 of 20 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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. If the Developer's contractors: (a) are not constructing the Improvements in accordance with the Engineering Plans; (b) the contractors violate federal law, state law or local law, policies, rules or regulations in connection with the construction of the Improvements; or (c) coordination of the timing of the construction of adjacent utilities is necessary to avoid having to remove and replace Improvements that Developer's contractors are about to install, the City may temporarily suspend the construction of the Improvements by delivering a written notice to Developer and Developer's contractors. The temporary suspension of the construction of the Improvements shall only occur for the amount of time necessary for Developer's contractors to correct the violation or for the coordination of the utilities to be completed, and upon any such suspension, City agrees to reimburse Developer for the City's share of construction costs for work properly completed through the date City suspended construction in accordance with the reimbursement procedures set forth in section 37 of this Agreement. 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"). 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. If the Improvements are not completed at the end of the Term, and any Extension Periods, there will be no further obligation for City Participation to be paid to the Developer. (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. City of Fort Worth, Texas Page 4 of 20 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 (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. (c) Developer will require Developer's contractors to provide the City with payment and performance bonds naming the City and the Developer as dual obligees, in the amount of one hundred percent (100%) of the cost of the Improvements as required by the CFA Ordinance. The payment and performance bonds shall guarantee construction of the Improvements and payment of all subcontractors and material suppliers. Developer agrees to require Developer's contractors to provide the City with a maintenance bond naming the City as an obligee, in the amount of one hundred percent (100%) of the cost of the Improvements, that guarantees correction of defects in materials and workmanship for the Improvements by the contractor and surety for a period of two (2) years after completion and final acceptance of the Improvements by the City. All bonds must be provided to the City before construction begins and must meet the requirements of the City's Standard Conditions, Chapter 2253 of the Texas Government Code, and the Texas Insurance Code. (d) Developer will require Developer's contractors to provide the City with insurance equal to or in excess of the amounts required by the City's standard specifications and contract documents for developer -awarded infrastructure construction contracts. The City must be named as an additional insured on all insurance policies. The Developer must provide the City with a Certificate of City of Fort Worth, Texas Page 5 of 20 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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. M 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. (h) Developer shall ensure the contractors are paid the City's wage rates in effect during construction of the Improvements. 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. 12. Liability and Indemnification (a) DEVELOPER HEREBY RELEASES AND AGREES TO INDEMNIFY, DEFEND AND HOLD THE CITY HARMLESS FOR ANY INADEQUACIES IN THE PRELIMINARY PLANS, SPECIFICATIONS, ENGINEERING PLANS, AND COST ESTIMATES SUPPLIED BY THE DEVELOPER FOR THIS AGREEMENT. (b) THE DEVELOPER COVENANTS AND AGREES TO, AND BY THESE PRESENTS DOES HEREBY FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM ALL SUITS, ACTIONS OR CLAIMS OF ANY CHARACTER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ONACCOUNT OFANYINJURIES OR DAMAGES SUSTAINED BYANYPERSONS, INCLUDING DEATH, OR TO ANY PROPERTY, RESULTING FROM OR IN CONNECTION WITH THE CONSTRUCTION, DESIGN, PERFORMANCE OR COMPLETION OF ANY WORK TO BE City of Fort Worth, Texas Page 6 of 20 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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 OFANY 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 EXPENSES 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. 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 City of Fort Worth, Texas Page 7 of 20 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 returned to the Developer until reconciliation has been completed by the City and any fees owed to the City have been paid by the Developer. 15. Material Testing The City maintains a list of pre -approved material testing laboratories. The Developer must contract with material testing laboratories on the City's list. Material testing laboratories will provide copies of all test results directly to the City and the Developer. If the Improvements being constructed fail a test, the Developer must correct or replace the Improvements until the Improvements pass all retests. The Developer must pay the material testing laboratories directly for all material testing and retesting. The City will obtain proof from the material testing laboratories that the material testing laboratories have been paid in full by the Developer before the City will accept the Improvements. 16. Notices All notices required or permitted under this Agreement may be given to a party by hand - delivery or by mail, addressed to such party at the address stated below. Any notice so given shall be deemed to have been received when deposited in the United States mail so addressed with postage prepaid: CITY: Development Coordination Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 With copies to: City Attorney's Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 and City Manager's Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 DEVELOPER: GBTM Sendera, LLC 2805 North Dallas Parkway, Suite 400 Plano, Texas 75093 Or to such other address one party may hereafter designate by notice in writing addressed and mailed or delivered to the other party hereto. City of Fort Worth, Texas Page 8 of 20 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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 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 City of Fort Worth, Texas Page 9 of 20 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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. 25. Prohibition on Boycotting Israel Developer acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company with 10 or more full-time employees that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" has the meanings ascribed to those terms by Chapter 2271 of the Texas Government Code. City of Fort Worth, Texas Page 10 of 20 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 To the extent that Chapter 2271 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not boycott Israel; and (2) will not boycott Israel during the term of this Agreement. 26. Prohibition on Boycotting Energy Companies Developer acknowledges that in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 27. Prohibition on Discrimination Against Firearm and Ammunition Industries Developer acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate against a firearm entity or firearm trade association," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 28. Compliance with Public Information Act Requests The requirements of Subchapter J, Chapter 552, Government Code, may apply to this Agreement and Developer agrees that the Agreement can be terminated if Developer knowingly or intentionally fails to comply with a requirement of that subchapter. Developer acknowledges that section 552.371 of the Texas Government Code applies to this Agreement if: (1) this Agreement has a stated expenditure of at least $1 million in public funds for the purchase of good or services by the City; or (2) this Agreement results in the expenditure of at least $1 million in public funds for the purchase of goods or services by the City in a fiscal year of the City. To the extent that section 552.371 of the Texas Government Code applies to this Agreement, Developer shall comply with section 552.372 of the Texas Government Code by: (1) preserving all contracting information relating to this Agreement as provided by the records retention requirements applicable to the City for the duration of the Agreement; (2) promptly providing the City of Fort Worth, Texas Page 11 of 20 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 City any contracting information related to this Agreement that is in the custody or possession of Developer on request of the City; and (3) on completion of the Agreement, either (a) providing at no cost to the City all contracting information related to the Agreement that is in the custody or possession of Developer; or (b) preserving the contracting information relating to the Agreement as provided by the retention requirements application to the City. 29. 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. 30. 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. 31. 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. 32. 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. 33. 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. City of Fort Worth, Texas Page 12 of 20 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 34. 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. 35. Counterparts This Agreement may be executed in multiple counterparts, each of which will be deemed an original, but which together will constitute one instrument. 36. 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. 37. City Participation; Fiscal Funding Limitation (a) The City shall reimburse Developer in amounts not to exceed $2,374,171.65 for construction costs, $47,483.43 for material testing costs, and $18,784.98 for IPRC engineering plan review fees. The remaining City Participation in the amount of $41,845.53 shall not be paid to Developer, but will be used by City to pay for the City's portion of construction inspection service fees, administrative material testing fees, and water lab testing fees. During construction of the Improvements, Developer will receive applications for payment from Developer's contractors. Developer shall verify that each application for payment is due and payable under the construction contracts between Developer and the contractors and that the Improvements that are the subject of the application for payment have been constructed. Developer shall submit payment requests to the City, in the form of an invoice, no more frequently than one time per month to obtain reimbursement of the City Participation (each a "Payment Request"). Each Payment Request shall be delivered to the City by email with the subject reading "Reimbursement Request/Sendera Ranch Boulevard" and delivered to DSWS@FORTWORTHTEXAS.GOV. Each Payment Request submitted by Developer shall be accompanied with proof that: (1) Developer has paid the contractors for the amount included in the Payment Request; and (2) an affidavit and lien release from the contractors indicating that Developer has paid the contractors in full for the amount included in each Payment Request and the contractors have paid all subcontractors and material suppliers in full. Developer must register as a vendor of the City in order for the City Participation to be paid to Developer. City shall withhold 5% for retainage from each payment to Developer. The City Participation was calculated as follows: City of Fort Worth, Texas Page 13 of 20 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 City Participation Exhibit-Sendera Ranch Blvd Description-WRC22-0093 CPIJ 103700 Unit of Measure Quantity Alternate Unit Price Contractors Unit Price Bid Value 1 TRENCH SAFETY LF 4890 $1.12 $2.00 5,476.80 2 D.I. FITTINGS W/ RES TN 0.81 $10.10100.00 $9,500.00 7,695.00 3 16" WATER PIPE LF 162 $76.45 $180.00 12,384.90 4 30" DIP WATER LF 4728 S418.25 $465.00 1,977,486.00 5 alPORTED ENMEDIhIE\T CLSM BACKFILL CY 84 s9?.16 $250.00 8,161-44 6 16" GATE VALVE 8c VAULT EA 1 $14.029.33 S22,500.00 14,029.33 7 48" CASING BY OPEN CUT LF 35 S600.00 S950.00 21,000.00 8 30" AX17WA BUTTERFLY VALVE, W/ VAULT EA 4 $135,000.00 $48,500.00 194,000.00 9 4" COMBO AIR VALVE ASSEMBLY EA 1 $15,000.00 $28.500.00 15,000.00 10 8" BLOW OFF VALVE EA $30,000.001 $14.500.001 43,500.00 11 CONNECT TO E_'KISTING 30" WATER LINE EA 2 S11,088.89 $11.500.001 22,177.78 12 CATHODIC PROTECTION LS 1 1 $ 165,132.35 1 $176,000.001 165,132.35 Lowest nait price -BOLD TOTAL S 2,486,043.60 City Participation 80.9% 5 2,374,171.65 Developer Cost 191% S 111,871.96 (b) In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable by any means whatsoever in any fiscal period for payments due under this Agreement, then the City will immediately notify Developer of such occurrence and this Agreement shall be terminated on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except to the portions of annual payments herein agreed upon for which funds shall have been appropriated. (c) Substantial completion of the Improvements shall occur after Developer's Contractors notify the City that the Improvements are constructed and ready for their intended use, the City and Developer's Contractor inspect the Improvements, and the City concurs that the Improvements are substantially complete. The retainage shall be paid to Developer within 30 days of the City determining that the construction of the Improvements is complete and the Developer delivering an invoice to the City for the retainage. 38. Minority Business Enterprise Compliance The City's Business Equity Division has waived a goal for this Project due to the unavailability of M/WBEs to fulfill the need. [REMAINDER OF PAGE INTENTIONALLY BLANK] City of Fort Worth, Texas Page 14 of 20 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 39. Cost Summary Sheet Project Name: Sendera Ranch Boulevard CFA No. 22-0182 IPRC No. 22-0093 City Project No.: 103700 Items A. Water and Sewer Construction 1. Water Construction 2. Sewer Construction Water and Sewer Construction Total B. TPW Construction 1. Street 2. Storm Drain 3. Street Lights Installed by Developer 4. Signals TPW Construction Cost Total Total Construction Cost (excluding the fees): Estimated Construction Fees: C. Construction Inspection Service Fee D. Administrative Material Testing Service Fee E. Water Testing Lab Fee F. Material Testing Cost G. IPRC Engineering Plan Review Fees Total Estimated Construction Fees: TOTAL PROJECT COST Financial Guarantee Options. choose one Developer's Cost City's Cost Total Cost $ 630,543.35 $ 2,374,171.65 $ 3,004,715.00 $ 630,543.35 $ 2,374,171.65 $ 3,004,715.00 $ 1,404,473.50 $ - $ 1,404,473.50 $ 698,585.00 $ - $ 698,585.00 $ 304,479.00 $ - $ 304,479.00 $ 2,407,537.50 $ $ 2,407,537.50 $ 3,038,080.85 $ 2,374,171.65 $ 5,412,252.50 $ 7,162.50 $ 30,337.50 $ 37,500.00 $ 2,573.72 $ 10,901.28 $ 13,475.00 $ 143.25 $ 606.75 $ 750.00 tbd $ 47,483.43 $ 47,503.56 $ 4,435.02 $ 18,784.98 $ 23,220.00 $ 14,314.49 $ 108,113.94 $ 51,725.00 $ 3,052,395.34 $ 2,482,285.59 $ 5,463,977.50 Choice Amount (Mark one) Bond = 100% $ 5,412,252.50 X Completion Agreement = 100% / Holds Plat Cash Escrow Water/Sanitary Sewer= 125% Cash Escrow Paving/Storm Drain = 125% Letter of Credit = 125% City of Fort Worth, Texas Standard Community Facilities Agreement with City Participation Rev. 4/2/20 Page 15 of 20 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 ban,2 BcuAlu7o� Dana Burghdoff ( r 27, 20 11:36 CDT) Dana Burghdoff Assistant City Manager Date: Mar 27, 2023 Recommended by: ofim Dwayne Hollars (Mar 24, 2023 14:08 CDT) Dwayne Hollars Contract Compliance Specialist Development Services Department Approved as to Form & Legality: — Richard A. McCracken (Mar 25, 2023 08:40 CDT) Richard A. McCracken Sr. Assistant City Attorney M&C No. 23-0122 Date: 2/14/23 Form 1295: 2022-917301 "t p *oRr FFORtn�a a 0 o,!yd ATTEST: ono 0..0, % Z�Rv e4 Oaa4 ......... Eo 454pp Jannette Goodall City Secretary DEVELOPER GBTM Sendera, LLC —513 Bobby Samuel (Mar 24, 2023 14:01 CDT) Name: Bobby Samuel Title: Authorized Signer Date: Mar 24, 2023 Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. V& JA\ Rebecca Diane Owen (Mar 24, 2023 14:15 CDT) Rebecca Diane Owen Development Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Page 16 of 20 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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 X❑ Location Map X❑ Exhibit A: Water Improvements ❑ Exhibit A-1: Sewer Improvements X❑ 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 17 of 20 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 ATTACHMENT "I" Changes to Standard Community Facilities Agreement City Project No. 103700 None City of Fort Worth, Texas Page 18 of 20 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 ATTACHMENT "2" Phased CFA Provision City Project No. 103700 The improvements being constructed by Developer pursuant to this Agreement will connect to improvements Developer is constructing under a separate Community Facilities Agreement that have not been completed and accepted by the City. Therefore, this Agreement shall be considered a "Phased CFA" and the provisions contained in this section shall apply to this Agreement. The improvements being constructed by Developer under the separate Community Facilities Agreement shall be defined as the "Parent Project." The improvements being constructed by Developer under this Agreement shall be defined as the "Child Project." Developer acknowledges and agrees that due to Developer's election to construct a Phased CFA, the potential exists for technical, delivery, acceptance or performance problems (hereinafter "Construction Problems"). Construction Problems may include, but are not limited to: failure of the improvements to comply with the approved plans or City Specifications; failure of the improvements in the Parent Project and the Child Project to properly connect to each other; changes to the design or construction of the improvements in the Parent Project that impact the design and construction of the improvements in the Child Project; construction delays, delay claims, or claims for liquidated damages; increased costs for the Developer; failure of the improvements to pass inspection or material testing; or rejection by the City of some or all of the improvements and Developer having to remove and reconstruct the improvements at Developer's expense. In addition, Developer understands and agrees that disputes may arise between Developer's contractors or their subcontractors relating to responsibility for the Construction Problems. Developer shall be solely responsible for resolving disputes between contractors or disputes between contractors and subcontractors. Developer further acknowledges and agrees that Developer has notified all of Developer's contractors for the Project that Developer has elected to construct a Phased CFA, the provisions of this section, the risks associated with a Phased CFA, and that the City shall not bear any responsibility for Developer's decision to proceed with a Phased CFA. Developer shall not make the final connection of the improvements in the Child Project to the improvements in the Parent Project until the improvements in the Parent Project have been constructed and accepted by the City and the City has consented to Developer making the connection. Developer agrees that if this Agreement is for improvements relating to the construction, renovation or modification of one or more single family residential homes or structures, the City will not record the plat related to the Project until the improvements are constructed and accepted by the City. Developer agrees that if this Agreement is for improvements relating to the construction, renovation or modification of one or more commercial buildings or structures, the Developer shall not receive a Certificate of Occupancy from the City for the building(s) related to the Project until the improvements in this Agreement are constructed and accepted by the City. Developer further understands and agrees that completion of the improvements under this Agreement does not entitle Developer to obtain a final plat of the property until City of Fort Worth, Texas Page 19 of 20 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 all other requirements of Federal law, State law, or the City Code relating to the filing and recording of a final plat have been met by Developer. BY CHOOSING TO CONSTRUCT A PHASED CFA, DEVELOPER ASSUMES ALL RISKS AND DEVELOPER SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL DAMAGES, INCLUDING BUT NOT LIMITED TO ANYAND ALL ECONOMIC DAMAGES PROPERTYLOSS, PROPERTY DAMAGES AND PERSONAL INJURY, (INCLUDING DEATH), OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED. DEVELOPER HEREBY EXPRESSLY RELEASES AND DISCHARGES CITY FROM ANY AND ALL LIABILITY FOR DAMAGES, INCLUDING, BUT NOTLIMITED TOANYANDALL ECONOMIC DAMAGES, PROPERTYLOSS, PROPERTY DAMAGE AND PERSONAL INJURY (INCLUDING DEATH) ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION OF THE IMPROVEMENTS OR DEVELOPER'S DECISION TO CONSTRUCT A PHASED CFA. DEVELOPER, AT ITS SOLE COST AND EXPENSE, AGREES TO AND DOES HEREBY INDEMNIFY, DEFEND PROTECT, AND HOLD HARMLESS CITY, AND CITY'S OFFICERS, REPRESENTATIVES, AGENTS, EMPLOYEES, AND SERVANTS FOR, FROM AND AGAINST ANY AND ALL CLAIMS (WHETHER AT LAW OR IN EQUITY), LIABILITIES, DAMAGES (INCLUDINGANY AND ALL ECONOMIC DAMA GES, PROPERTYLOSS, PR OPER TY DAMA GES AND PERSONAL INJURIES INCLUDING DEATH), LOSSES, LIENS, CAUSES OF ACTION, SUITS, JUDGMENTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION), OF ANY NATURE, KIND OR DESCRIPTION ARISING OR ALLEGED TO ARISE BY OR IN ANY WAY RELATED TO CONSTRUCTION OF THE IMPROVEMENTS OR DEVELOPER'S CHOICE TO CONSTRUCT A PHASED CFA, OR (2) BY REASON OF ANY OTHER CLAIM WHATSOEVER OF ANY PERSON OR PARTY OCCASIONED OR ALLEGED TO BE OCCASIONED IN WHOLE OR INPART BY THE CONSTRUCTIONS OF THE IMPROVEMENTS OR DEVELOPER'S CHOICE TO CONSTRUCT A PHASED CFA 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. DEVELOPER: —513 Bobby Samuel (Mar 24, 2023 14:01 CDT) Name: Bobby Samuel Title: Authorized Signer City of Fort Worth, Texas Page 20 of 20 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 o co O ON zLL N � M N � Z J co LL Q � L.L U N O 0 O � Z N8 AS-VN8 W U a = (16 ),VG NHo U C_ X x W D a o �O J c)cnLi �O= Q D D so o � z c ors m U p 0� z co J U -j o � Q z O �z Z D D c) p _D 0 w� DD b o�z e Q IDD b D } V) Q�m moo W 0 J 3 = a8vA3�nO8 HONV8 `d IMNM � J o U a i (n z OJ o o n (Y LLI o o °mow wZ \w Xa� p `oFcn w z Z m O C m 0 ou Ndmd SIaJoH Aeupno0 `V4V OZ:6 ZZOZ/L/ZL '6MP'8NS—dVW KLINIOIA—Vd0\PM8 4ouob oaapuaS — o.J8poW\Vd0 99ti\ONVI 00ti\ZIIO\ONVI—X1N\:S MATCH LINE A OWNED/DEVELOPED BY: GBTM SENDERA, LLC 2805 North Dallas Parkway, Suite 400 Plano, Texas 75093 BOBBY SAMUEL PHONE: (469) 573-6755 f w a Ofa w aLd w 16 STEEL SLEEVE C �' 4 WL4 16' N_ S4 WL4 16" E 4 WL5- dmull— -1 w N 02 W IL w Q X M H w CONNECT TO -BE -CONSTRUCTED 30" DIP WATER CPN. 104078 TBC - 30" DIP NS4 EX 24" DIP NS4 R MADERO N PHASE 2 W CPN 103676 LEGEND PROPOSED WATER LINE EXISTING WATER LINE LIMITS OF PROJECT — WATER 41 EXHIBIT 'A' 16" STEEL SLEEVE B MADERO - SENDERA RANCH BOULEVARD CITY PROJECT NO.103700 LJA Engineering, Inc. `A 3017 West 7th Street Phone 469.621.0710 Suite 300 Fort Worth, Texas 76107 FRN - F-1386 MATCH LINE A w N Q O 2 of 11 Z) Aaf ZD OWNED/DEVELOPED BY: GBTM SENDERA, LLC 2805 North Dallas Parkway, Suite 400 Plano, Texas 75093 BOBBY SAMUEL PHONE: (469) 573-6755 CONNECT TO MADERO PHASE 1 CPN. 103479 TPHASERO CPN 103676 LEGEND PROPOSED 23'B—B ROADWAY/110'ROW PROPOSED SIDEWALK (BY HOMEBUILDER) PROPOSED SIDEWALK (BY DEVELOPER) PROPOSED ADA RAMPS O (BY DEVELOPER) LIMITS OF PROJECT — — PAV I N G EXHIBIT B MADERO - SENDERA RANCH BOULEVARD CITY PROJECT NO. 103700 LJA Engineering, Inc. `A 3017 West 7th Street Phone 469.621.0710 Suite 300 Fort Worth, Texas 76107 FRN - F-1386 MATCH LINE A p ZT A - X i w N Q o= ca �w 0w E<� I � w ffl 21" -T I MATCH LINE A OWNED/DEVELOPED BY: GBTM SENDERA, LLC 2805 North Dallas Parkway, Suite 400 Plano, Texas 75093 BOBBY SAMUEL PHONE: (469) 573-6755 w N Q Of a w ow QW �:D Z) w w� cn - Wa w 0 w QOf F- w RCP MADERO PHASE 2 CPN 103676 LEGEND PROPOSED STORM DRAIN LINE PROPOSED 10' INLET % EXISTING STORM DRAIN LINE EXISTING INLET r LIMITS OF PROJECT — — STORM DRAIN HEADWALL A STORM DRAINAGE EXHIBIT'13-1' MADERO - SENDERA RANCH BOULEVARD CITY PROJECT NO.103700 LJA Engineering, Inc. `A 3017 West 7th Street Phone 469.621.0710 Suite 300 Fort Worth, Texas 76107 FRN - F-1386 MATCH LINE A W Q 0= Wn W oW Q� �Z) MATCH LINE A OWNED/DEVELOPED BY: GBTM SENDERA, LLC 2805 North Dallas Parkway, Suite 400 Plano, Texas 75093 BOBBY SAMUEL PHONE: (469) 573-6755 W1 N, CONNECT TO -BE -CONSTRUCTED GROUND BOX MADERO PHASE 1 CPN. 103479 FT MADERO PHASE 2 CPN103676 LEGEND STOP SIGN & STREET NAME SIGNS PROPOSED STREET LIGHT (TYPE 11 POLE, TYPE 1 FOUNDATION) EXISTING STREET .— LIGHT LIMITS OF PROJECT — — STREET NAME SIGNS & STREET LIGHT IMPROVEMENTS EXHIBIT'C-l' MADERO - SENDERA RANCH BOULEVARD CITY PROJECT NO. 103700 LJA Engineering, Inc. `A 3017 West 7th Street Phone 469.621.0710 Suite 300 Fort Worth, Texas 76107 FRN - F-1386 00 42 43 DAP - BID PROPOSAL Page 1 of 3 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Madero - Sendera Ranch Boulevard UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlis[ Item No. Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value UNIT I: WATER IMPROVEMENTS - COST PARTICIPATION 1 2 3305.0109 Trench Safety 3311.0001 Ductile Iron Water Fittings w/ Res 3311.0541 16" Water_Pipe 3311.0751 30" DIP Water 33050203 k7norii;dEmbedment/Backfill,CLSM 3312.3006 16" Gate Valve w/ Vault_ _ _ 3312.1004 4" Combination Air Valve Assembly for Water 33 05 10 3311 11 11 10, 33 11 12 LF TON 4890 0.81 $2.00 $9,500.00 $9,780.00 $7,695.00 $29,160.00 3 LF 162 _ 4 i _33 - 3311 10 330510 33 12 20 33 12 30 LF CY- EA 4728 _84- 1 __$180.00 $465.00 -$2,198,520.00 $21,000.00 $22,500.00 $28,500.00 5 _ 6 7 $250.00 $22,500.00 $28,500.00 EA 1 - 8 9 10 3312.6003 8 Blow Off Valve - - - 3312 0109 Connection to Existing 30" Water Main 3312.6061 Fire Hvdrant 9999.060-f Automatic Flusher , - _- 9999.000_3 30" AWWA Butterfly Valve, w/ Vault_ 3305.1008 48" Casing By Open Cut 3304.0002 Cathodic Protection 3301.0002 Post -CCTV Inspection 33 12 60 33 12 25 33 12 40 00_00,00 EA EA EA EA- 3 2 2 1 4 35 �$$14,500.00 $43,500.00 $23,000.00 $9,000.00 _ $6,500.00 $194,000.00 $11,500.00 $4,500.00 - $6,500.00 $48,500.00 -11„ 12 33 12 21 33 05 22 EA -_ LF _ 13 _ _ _ $95000 $176,000.00 $3.00 - $33,250.00 $176,000.00 14 33 04 12 LS- LF 1 4890 15 3301 31 - $14,670.00 TOTAL UNIT I: WATER IMPROVEMENTS - COST PARTICIPATION 1 $2,817,075.00 UNIT II: WATER IMPROVEMENTS - DEVELOPER _ 1 2 3 3311.0001 Ductile Iron Water Fittings w/ Res 3311.0261 8" PVC Water Pipe 3311.0461 12" PVC Water Pipe 3311.0467 12" PVC Water Pipe, CLSM Backfill ----- - ----- --- -- ------ 3311.0451 12" DIP Water _. _ . __. _ _ 3311.0457 12" DIP Water, CLSM Backfill 3312.3003 8" Gate Valve 3312.3005 12" Gate Valve -._... _ _... -_. - ---- -- 9999.0002 16" Ring Connection Asssembly Includes all Valves, Vaults, Fittinos and lead oioe 9999.0003 16" Nonpressure Sleeve Plug_ s 99.00026 4" Irrigation Sleeves 99 33_11 11 3311 12 33 11 12 3311 12 TON 3.4_4 15 $12,500.00 -- $66.00 $86.00 $96.00 $43,000.00 - LF LF $99O 0_A $22,102.00 $576.00 - - - $15,264.00 257 6 4 LF -.- .. LF - 5 -- 6 _ 7 8 - -- 9 10 _ 11 _.- 33 11 10 _ 3311 10 331220 159 - $96.00 LF _EA_ EA 24 1 5 --_-__- $106.00 _$11_6.00 -$2,800.00 .-_-�.0 $2,544.00 _ $116.00 -$14,000.00 33 12 20 - 00 00 00 00 00 00 - - EA EA - 2 - _-_ $7,500.00 - -000.- $15,000.00 4 $3,500_00 $14,000_00 00 00 00 - - LF _ 2502 $24.00 -- $60.048.00 TOTAL UNIT It: WATER IMPROVEMENTS -DEVELOPER,$187,640.00 UNIT III: DRAINAGE IMPR VEMEN 1 2 -- 3 4 3305.0109 Trench Safety 3305.0112 Concrete Collar 330--__-__..__._.__.-._.._-_ _. 3341.0201 21" RCP, Class III 3341.0205 24 RCP Class III 3341.0208 27" RCP, Class III 3341.030_2 30" RCP, Class III 3341.D302 33" RCP, Class III 3341.0309 36" RCP, Class III 3341.0402 _42 RCP,.. Class 111 _ - _- - - -_ -_ 3341.1102 4x3 Box Culvert 3349.6001 10Recessed Inlet 3349_7001 4 Drop Inlet - - 3349.0001 4' Storm Junction Box 3349.0002 5 Storm Junction Box 3137.0102 Large Stone Type "A" Dry Rip Rap (12" Deep) 3137.0102 Large Stone Type "A" Dry Rip Rap (18" Deep) 9999.0005 4:1-CH-FW-0 Headwall - 42" - ---- -- - - - - - -- -- 9999.0006 4:1 Sloped End Headwall - 24" 9999.0007 TXDOT PW 1 4:1 Wingwall 9999.0608 TXDOT FW-0 4-1 Wingwall 9999.0009 TXDOT PR1 Pedestrian Rail 9999A010 Inlet Protection 33 05 10 33 OS 17 3341 10 33 41 10 LF EA -_---- LF LF LF 4580 _6 968 1590 $1.00 $750.00 -.--_-__ $65.00 $75.00 $4,580.00 $4,500.00 _-_-®_-_ $62,920.00 $1. 119,250.00 5 3341 10 33 41 10 33 41 10 - 33 41 10 _ 24_5 61 $80.00 $19,600.00 $5,185A0 _ 6 _ 7 8 _ _ LF $85.00 LF LF 298 189 $105.00 _-- $31,290.00 _. $22,680.00 3441 10 3341 10 33 49 20 33 49 20 - LF 10 77 -$120,00 $150.00 _ $151,050_00 $49,950.00 10 11 12- LF 222 $225.00 EA EA 12 1 $4,600.00 _ $5,800000 $4,800.00 $55,200.00 _ $5,800.00 $33,600.00 $12,400.00 $10,580.00 $16,170.00 $6,500.00 -;6 14 33 49 10 - EA EA 7 2 34 49 10 $6,200.00 $115.00 $165; 00 $6,500.00 --- --- -- $3,500.00 $48,500.00 -,$22,500 00 $160.00 $150.00 15 16 - 17 -- - 18 19 20 _ 21 22 31 3700 31 3700 SY SY EA - - EA EA EA _ LF EA 92 98 00 00 00 - 1 1 --- 00 00 00 00 00 00 00 00 -- $3,500.00 $4.8,500.00 ,- $22,600.010 $-10,880.00 $1 950.00 1 1 68 13 -00 00 00 00 00 00 00 TOTAL UNIT III: DRAINAGE IMPROVEMENTS $698,585.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS F- Vanion May 22, 2019 004243_Bid Proposal_ S®dea_RaucL_B..I v.d(2022.12.22).xlsx 00 42 43 DAP -BID PROPOSAL Page 2 of3 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Madero - Sendera Ranch Boulevard UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item No. Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value UNIT IV: PAVING IMPROVEMENTS 1 2 3211.0400 Hydrated Lime (36 Ibs/sy) (Sendera Ranch Blvd & Rancho Canyon way) _ - ` - - - - 3211.0502 8" Lime Treatment (Sendera Ranch Blvd & Rancho Canyon Way) 3213.0105 10" Cone Pvmt (Sendera Ranch Blvd &Rancho Canyon Way) - - - 3213.0301 4" Cone Sidewalk - 3213.0501 Barrier Free Ramp, Type R-1 3213.0506 Barrier Free Ramp, Type P_1 32 91.0100 Topsoil 3292.0100 Block Sod Placement 9999_0011 Construct Std. Pvmt. Header 9999.0012 Construct Barricade_ 9999.0013 Stop Signs (R1-1) 9999.0014 Street Name Blade Pair (D3-1) 9999.0015 No Outlet Sign (W 14-2) 9999.0017 Street Sign Pole 9999.0018 Remove Barricade &Connect to Existing Pavement 9999.0020 TYPEII-A-A 4" RPM 9999.0021 REFL PAV MIRK TY I(Y)(6")(DBL)(SLD) 9999 0022 REFL PAV MIRK TY I(W)(6")(SNG)(SLD) 9999.0023 REFL PAV MRK TY I(W 8" SNG SLD 3211 29 TN BY 267.2 14843 _. $195.00 $4.00 $72.00 $3.50 $1,800.00 $1 500.00 $244.00 - $62,104.00 _ $59,372.00 _ _ 32 11 29 32 13 13 3 4 5_- SY SF EA 13792 44523 8 - $993,024.00 $155,830.50 $14,400.00 $3,000.00 32 13 20 _ 32 13 20 6 32 13 20 , - EA 2 1025 7 8 32 91 19 CY _- $24,600.00 $49,176.00 $3,580.00 $_3,600.00 32 92 13 00 00 00 SY LF 6147 179 $8.00 $20.00 _9 _ 10 11 00 00 00 00 00 00 000,000 _ - 6 _ $60_0.00 _EA EA 1 $750.00 $200.00 $_500.00 $750.00 12 13 EA EA 1 $200.00 $500.00_ 00 00 00 00 00 00 1 14 15 16 17 EA- 2 $250.00 _ $500.00 00 00 00 00 00 00 EA 1 $500.00 $500.00 _ $595.00 $28,368.00 $5,800.00 EA LF 119 4728 $5.00_ $6.00 00 00 00 -18 - 19 00 00 00 - LF -_ LF _1450 1429 $4.00 $6.00 00 00 00 _ $S 574.00 TOTAL UNIT IV: PAVING IMPROVEMENT $1,404,473.50 NIT V: STREET LIGHTING IMPROVEMENTS 1 2605.3015 2" CONDT PVC SCH 80 (T) 3441.3201 LED Liqhtinq Fixture (138W). 3441.1632 Install Type 33A Arm . _ _.._ ---_ - _ - ------ -5441.3302 Rdwy Ilium Foundation TY 3,5,6, and 8 9999 00.24 Ground Box _ _- _ -_- _ 9999.0025 3 - #2 Copper Wire 26 05 33 LF 4699 50 $15.00 $800.00 $70,485.00 3441 20 -2._, 3 -- - 5 - 6 7 34 41 2D _EA _ EA 50 $600.00 -$40,000._00 $30,000.00 $85,000.00 34 41 20 000000 00 00 00 -- EA EA - LF - 25 - 14 4699 -- --.00 $1,500.00 $950.00 $6.00 $37,500.00 _ $13,300.00 $28 194.00 TOTAL UNIT V: STREET LIGHTING IMPROVEMENTS $304,479.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form V wioo May 22, 2019 00 42 43_Bid Proposal_Smdera Raach_Boulevard (2022.I2.22).xlsx 00 42 43 DAP -BID PROPOSAL Page 3 or3 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Madero - Sendera Ranch Boulevard UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal 40. t Item Description Specification Section No. M nit a Bid Unit Price Bid Value Quantity Bid Summary UNIT I: WATER IMPROVEMENTS - COST PARTICIPATION $2,817,075.00 UNIT II: WATER IMPROVEMENTS - DEVELOPER $187,640.00 UNIT III: DRAINAGE_ IMPROVEMENTS $698,585.00 _ UNIT IV: PAVING IMPROVEMENTS $1,404,473.50 UNIT V: STREET LIGHTING IMPROVEMENTS $304 479.00 Total Construction Bid $5,412,252.50 This Bid is submitted by the entity named below: BIDDER: BY: BROCI UGGINS CONATSER CONSTRUCTION TX, L.P. 5327 WICHITA ST. FORT WORTH, TX 76119 TITLE: PRESIDENT DATE: Contractor agrees to complete WORK for FINAL ACCEPTANCE within 120 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 SPECERCATION DOCUMENTS - DEVELOPER AWARDED PROJEM Form Version May22,2019 004243 Bid Proposal_Seudem_Ranch Boule—d(2022.12.22).xlsx 3/24/23, 10:09 AM M&C Review CITY COUNCIL AGENDA Create New From This M&C DATE: 2/14/2023 REFERENCE NO.. CODE: C TYPE: Official site of the City of Fort Worth, Texas FoRTWORin **M&C 23- LOG NAME: 60SENDERA RANCH BLVD 0122 30INCH WATER LINE CONSENT PUBLIC NO HEARING: SUBJECT: (CD 7 / Future CD 10) Authorize Execution of a Community Facilities Agreement with GBTM Sendera, LLC, with City Participation in the Amount Not to Exceed $2,483,312.00, for Oversizing the Northside IV Sendera Ranch Boulevard Water Main Located in North Fort Worth RECOMMENDATION: It is recommended that the City Council authorize the execution of a Community Facilities Agreement with GBTM Sendera LLC, with City participation in the amount not to exceed $2,483,312.00 for oversizing the Northside IV Sendera Ranch Boulevard water main located in north Fort Worth. DISCUSSION: GBTM Sendera LLC (Developer) is constructing the Madero Development located north and south of Rancho Canyon Way and west of Sendera Ranch Blvd (Development). Proposed phases 5 -14 of the Development are located east of Sendera Ranch Blvd, proposed phases 15-19 of the Development are located west of Sendera Ranch Blvd and will be served by Northside IV pressure plane. Proposed phases 5-19 of the Development also require the Developer to construct Sendera Ranch Boulevard. In order to serve future phases of the Development, the Developer must construct 1127 linear feet of 16-inch water main, 2100 linear feet of 12-inch water main and 875 linear feet of 8-inch water main on the Northside IV pressure plane underneath Sendera Ranch Blvd. The City is participating in the project to oversize the 1127 linear feet of water main from 16-inches to 30-inches, 2100 linear feet of water main from 12- inches to 30-inches, 875 linear feet of water main from 8-inches to 30-inches, and to oversize the length approximately 747 linear feet to meet regional demands. The City's participation allows the City to have the water main constructed before the Developer constructs Sendera Ranch Boulevard as part of Phases 5 -19 of the Development. The Developer will be responsible for the extension of the on -site water lines for Phases 5-19 of the Development. The Sendera Ranch Blvd 30-inch water main project is assigned City Project No. 103700 and Accela System Record IPRC22-093. The City participated in the cost of the design for the project pursuant to a design procurement agreement (Mayor & Council Communication 22-0410). In accordance with Chapter 212, Subchapter C of the Texas Local Government Code, the City's participation in the contract is exempt from competitive bidding requirements because the contract is for oversizing public improvements being constructed by the developer, the developer will execute a performance bond to cover the total project cost, including all of the City's cost participation, and the City's cost participation will be determined in accordance with the City's Unit Price Ordinance. The City's cost participation in the construction cost of the water main is estimated to be in an amount not to exceed $2,483,312.00 as shown in the table below. Payments to the Developer are estimated to be $2,375,177.80 for construction costs and $47,503.56 for material testing costs. The remaining City Participation, in the estimated amount of $60,630.51 will cover the City's portion of construction inspection services fees, administration material testing service fees, water lab testing fees and Intrastructre Plan Review Center plan review fees. An additional $475,035.56 in contingency funds will cover the City's portion of any change orders. The following table shows the cost sharing breakdown for the project. A. 30" WL Construction Developer City Cost Total Cost Cost apps. cfwnet.org/counci I_packet/mc_review.asp? I D=30748&cou nciIdate=2/14/2023 1 /3 3/24/23, 10:09 AM M&C Review 1. Water $623,128.20 $2,375,177.80 $2,998,306.00 Water Contingency 20\% $0.00 $475,035.56 $475,035.56 2. Paving $1,404,473.50 $0.00 $1,404,473.50 3. Drainage $698,585.00 $0.00 $698,585.00 4. Street Lights $304,479.00 $0.00 $304,479.00 B. Inspections & Testing (120 days) 1. Construction Inspection Fee $7,162.50 $30,337.50 $37,500.00 2. Admin Material Testing Fee $2,573.73 $10,901.28 $13,475.01 3. Water Lab Fee $143.25 $606.75 $750.00 4. Material Testing Cost $0.00 $47,503.56 $47,503.56 C. IPRC Plan Review Fees (80.9\%City/19.1\% Dev) $4,435.02 $18,784.98 $23,220.00 Total Project Cost $3,044,980.20 $2,958,347.43 $6,003,327.63 Funding for the Community Facility Agreement (CFA) — Madero-Sendera Ranch Blvd (City Project No. 103700) is as depicted in the table below: Existing Additional Fund Appropriations Appropriations Project Total* Sewer Capital Legacy - Fund 59607 $94,604.87 $0.00 $94,604.87 Water/Sewer Bond 2016 - Fund 56005 $69,333.85 $0.00 $69,333.85 Water & Sewer Bond 2017A - Fund 56011 $227,336.95 $0.00 $227,336.95 W&S Capital Proj 2018 - Fund 56014 $994,218.30 $0.00 $994,218.30 Water & Sewer Bond 2020A - Fund 56017 $1,548,617.00 $0.00 $1,548,617.00 W& S Rev Bonds Series 2021 - Fund 56019 $25,889.03 $0.00 $25,889.03 Total Project $2,960,000.00 $0.00 $2,960,000.00 *Numbers rounded for presentation purposes. Funding is budgeted in six various funds for the purpose of funding the CFA-Madero-Sendera Ranch Blvd project. BUSINESS EQUITY — Business Equity Division is Waiving the Goal. Unavailability of M/WBEs to fulfill the need. This project is located in COUNCIL DISTRICT 2/ Future COUNCIL DISTRICT 10 FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendation and execution of the contract, funds are available in the current capital budget, as appropriated, in the Water/Sewer Bond 2016 and Water & Sewer Bond 2017A Funds CFA-Madero-Sendera Ranch Blvd project. Prior to apps.cfwnet.org/council_packet/mc_review.asp?ID=30748&councildate=2/14/2023 2/3 3/24/23, 10:09 AM M&C Review any expenditure being incurred, the Water Department has the responsibility to validate the availability of funds Fund Department Account Project Program I Activity Budget Reference # Amount ID ID Year I (Chartfield 2) FROM FFund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) Submitted for City Manager's Office by_ Dana Burghdoff (8018) Originating Department Head: Chris Harder (5020) Additional Information Contact: Taylor Gunderman (8369) ATTACHMENTS 60 CFA-Sendera Ranch FID Table as of 01.24.23.xlsx (CFW Internal) 60 Sendera Ranch Blvd 30 Inch Water Line.docx (CFW Internal) Form 1295 Certificate CBN 103700 30 in WL Sendera Ranch Blvd.pdf (CFW Internal) Sendera Ranch Blvd Exhibit.pdf (Public) Waiver 103700 Sendera Ranch 30 in. Water Line 221221 encrypted 20221221184919 5276.pdf (CFW Internal) apps. cfwnet.org/counci I_packet/mc_review.asp? I D=30748&cou nciIdate=2/14/2023 3/3