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HomeMy WebLinkAboutContract 59134Received Date: 3/28/2023 Received Time: 1:27 p.m. Developer and Project Information Cover Sheet: Developer Company Name: H-E-B, LP Address, State, Zip Code: 3890 W. Northwest Highway, Suite 300, Dallas, Texas 75220 Phone & Email: (214) 252-5935 scott.ben@heb.com Benjamin R. Scott, Group Vice President of Real Estate and Authorized Signatory, Title: Shopping Center Development Project Name: Heritage Trace Brief Description: Water, Sewer, Paving, Storm Drain, and Street Lights Project Location: 3451 Heritage Trace Parkway, Fort Worth, Texas Plat Case Number: FP-20-155 Plat Name: Heritage Trace Grocer Addition, Block 1, Lot 3 Mapsco: 021 U Council District: 4 CFA Number: 22-0187 City Project Number: CPN 104284 I IPRC22-0153 062007.00926 #405303v4 City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 1 of 16 City Secretary No.: 59134 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 H-E-B, LP, a Texas limited partnership ("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 the Heritage Trace ("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 City of Fort Worth Community Facilities Agreements Ordinance 23656-05-2019 ("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 applicable 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 applicable provisions the CFA Ordinance in connection with the work performed 062007.00926 #405303v4 City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 2 of 16 by the contractors. If a conflict exists 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: ® Exhibit A: Water ❑X Exhibit A-1: Sewer ® 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 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 062007.00926 #405303v4 City of Fort Worth, Texas Page 3 of 16 Standard Community Facilities Agreement Rev. 9/21 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 fully executed by the City's Assistant City Manager ("Effective Date") and Developer. 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. (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 and fails to cure such breach within thirty (30) days following written notice thereof from the City to Developer, becomes insolvent, or fails to pay costs of construction. (c) Developer shall pay Developer's contractors for the construction of the Improvements. Contractors, subcontractors and material suppliers for the Project may make payment claims on the development bond that Developer has provided to the City for the Project. City shall not be required to send Developer any notice of a breach by Developer related to payment claims made by contractors, subcontractors, or material suppliers. (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 062007.00926 #405303v4 City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 Page 4 of 16 (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 applicable requirements of 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 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. 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. 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. 062007.00926 #405303v4 City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 Page 5 of 16 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 ON ACCOUNT OFANYINJURIES OR DAMAGES SUSTAINED BY ANY PERSONS, INCLUDING DEATH, OR TO ANY PROPERTY, RESULTING FROM OR IN CONNECTION WITH THE CONSTRUCTION, DESIGN, PERFORMANCE OR COMPLETION OF ANY WORK TO BE PERFORMED BY SAID DEVELOPER, ITS CONTRACTORS, SUBCONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, OR IN CONSEQUENCE OF ANY FAILURE TO PROPERLY SAFEGUARD THE WORK, OR ON ACCOUNT OF ANYA CT, INTENTIONAL OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID DEVELOPER, ITS CONTRACTORS, SUB -CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES., WHETHER OR NOT SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE OR IN PART, BY THE CITY OF FORT WORTH, ITS OFFICERS, SERVANTS, OR EMPLOYEES, UNLESS SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF THE CITY AND/OR ITS OFFICERS, AGENTS 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 IN ANY 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 CITY OF FORT WORTH, ITS OFFICERS, SERVANTS, OR EMPLOYEES, 062007.00926 #405303v4 City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 Page 6 of 16 UNLESS SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF THE CITY AND/OR ITS OFFICERS, AGENTS 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 ASA 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 IN ACCORDANCE WITH ALL PLANS AND SPECIFICATIONS PERTAINING TO THE IMPROVEMENTS AND APPROVED BY THE CITY. 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 pertaining to the Improvements, along with an assignment of all warranties given by the contractors thereunder, whether express or implied. Further, Developer agrees that all such 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 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. 062007.00926 #405303v4 City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 Page 7 of 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: H-E-B, LP 3890 W. Northwest Highway, Ste 300 Dallas, Texas 75220 Attn: Benjamin Scott With copies to: Becca Wang, PE 646 South Flores, South Bldg., 1st Floor San Antonio, Texas 78204 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 such books, documents, papers and records 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 directly pertinent books, documents, papers and records, and shall be provided adequate and appropriate work space 062007.00926 #405303v4 City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 Page 8 of 16 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 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 062007.00926 #405303v4 City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 Page 9 of 16 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 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. 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 meanings 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. 062007.00926 #405303v4 City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 Page 10 of 16 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," "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. 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'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Developer, shall have the right to immediately terminate this Agreement for violations of this provision by Developer. 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. 062007.00926 #405303v4 City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 Page 11 of 16 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. 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 applicable to this Project. 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] 062007.00926 #405303v4 City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 Page 12 of 16 Project Name: Heritage Trace CFA No.: 22-0187 34. Cost Summary Sheet City Project No.: 104284 IPRC: 22-0153 Items Developer's Cost A. Water and Sewer Construction 1. Water Construction 2. Sewer Construction Water and Sewer Construction Total $ 174,040.78 $ 169,720.74 $ 4,320.04 B. TPW Construction 1. Street 2. Storm Drain 3. Street Lights Installed by Developer 4. Signals TPW Construction Cost Total $ 401,513.54 $ 567,394.13 $ 57,249.23 $ 1,026,156.90 Total Construction Cost (excluding the fees): $ 1,200,197.68 Estimated Construction Fees: C. Construction Inspection Service Fee D. Administrative Material Testing Service Fee E. Water Testing Lab Fee Total Estimated Construction Fees: $37,500.00 $1,715.00 $150.00 $ 39,365.00 Financial Guarantee Options, choose one Amount Bond = 100% $ 1,200,197.68 Completion Agreement = 100% / Holds Plat $ 1,200,197.68 Cash Escrow Water/Sanitary Sewer= 125% $ 217,550.98 Cash Escrow Paving/Storm Drain = 125% $ 1,282,696.13 Letter of Credit = 125% $ 1,500,247.10 Escrow Pledge Agreement = 125% $ 1,500,247.10 062007.00926 #405303v4 City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 Choice (Mark one) Page 13 of 16 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 Dana our hdoff Dana Burghdoff (Mara 2023 17:41 CDT) Dana Burghdoff Assistant City Manager Date: Mar28,2023 Recommended by: Ba it NAcwwet, Bichson Nguyen (M'r 28, 023 09:54 CDT) Bichson Nguyen Contract Compliance Specialist Development Services Approved as to Form & Legality: Thomas Royce Hansen Assistant City Attorney M&C No. n/a Date: Mar 28, 2023 Form 1295: n/a ATTEST: b , .4.sis Jannette Goodall City Secretary 062007.00926 #405303v4 City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 DEVELOPER H-E-B, LP, a Texas limited partnership $El�IGi iiin Scott By: Benjamin Scott (Mar 28, 2023 09:47 CDT) Name: Benjamin R. Scott Title: Group Vice President of Real Estate and Shopping Center Development Date: Mar 28, 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. 0✓,r Rebecca Diane Owen (Mar28, 2023 09:59 CDT) Rebecca D. Owen Development Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 14 of 16 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 ❑X 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) 062007.00926 #405303v4 City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 Page 15 of 16 ATTACHMENT "1" Changes to Standard Community Facilities Agreement Negotiated changes are incorporated into the body of this Agreement. 062007.00926 #405303v4 City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 Page 16 of 16 2000 1000 0 GRAPHIC SCALE: 1" = 2000 Feet R., 1ski. o 4 Mora ',Moak. tN o a wiww s q 1 Harrnal Rd- I. • A 6 2000 4000 T, Y Y1 0ua0 peyl Dt i. pile birds Eye Rd <i Q yt crow t* b 5 ; aYs rosst Criek v S ,t° a ~ c u .n uke Rd `ck" OWNED/DEVELOPED BY: HEB, LP (ALLIANCE CORP #801) C 3u'nside Dr Barracks J '01. 3y oYat 9 n e x3 a � E .larrnon Rd ado Rd 1r1 ow tAn` x 6 "'"Id Da1Flr T:id p➢.a C.tlatorttr I w9t'k 3,33e st Frarees St ItYY Form Tradtetwae::e Cl,�;rbutne Oi Grand Rapid` C' Isr,t6fla�' Clad ; t3`ri1rY PROJECT LOCATION ndge to ,oerdae t rPeQp! give MII I' Porte' creek Dr D1d peeYs Trail n grahotn� y loom'� ,an4o In al qd a B BAIRD, HAMPTON & BROWN ENGINEERING & SURVEYING 6300 Ridglea Place, Ste. 700, Ft. Worth, TX 76116 mail©bhbinc.com 817-338-1277 www.bhbinc.com BHB Project # 2019.194.000 TBPE Firm F-44 TBPLS Firm 10011300 : Belle tall In z ert'age Trar r: Ca^teo NillalCe 1 can ttaas Sa]e ?'Il PrarNVnODr 4011 Medical Cent!' alliance arrant PkwY s h rarrant PkWY ImeeYAvc dt4.i 4e Glen D' d z 41 6 o S- i ARCS ADESRK 2 ti farratt Pkwe o - 3 FML l IRidge Saido hcnP Tv,Z - 4'.63b hnnPsO^Rd He'nayeW ND"? QApp4alacDr Vi °`eG CIa MW6ycu.De i Z E. �' 111 Crynholttt Ttail tns F� Su rfeW4 BI4 M Int schoolOz4:A.drsoN t:.t ✓ qr�•C c�dckN m3 rAa><Vt . '''PTSta4Qaow,WS Cr zn v«e, Roca Po ',1" sumo sv' 6 lluckkn.^' R,mrz u��t v t....:o:z.... 44raa Me Gera S31N. Rd ous'Y Circle .G stole Do s*,n4 Viex WATER, SANITARY SEWER, STORM, STREET LIGHTING & PAVING IMPROVEMENTS TO SERVE PROPOSED GROCERY STORE (HERITAGE TRACE GROCER) IPRC22-0153 COUNCIL DISTRICT 4 CPN: 104284 MAPSCO NO. 021 U VICINITY MAP CFA: 22-0187 LEGEND PROPOSED PUBLIC WATER IMPROVEMENTS 150 75 0 GRAPHIC SCALE: 1"= 15c eet OWNED/DEVELOPED BY: HEB, LP (ALLIANCE CORP - B 6300 Ridglea mail©bhbinc.com BHB Project # 2019.194.000 W 150 300 Lr 7 5 EXISTING 24" RCCP WATER LINE X-9667 W \A/ MFR/TAGE TRACE PARKWAY . ivy #801) u w '/ AIRD, HAMPTON & BROWN NGINEERING & SURVEYING PROVIDE 8" STUB FOR CONNECTION TO DDCV (BY OTHERS) AND 2" DOMESTIC METER I CONNECT TO EXIST 16" WATER LINE & — INSTALL ±80 LF 12" WL LOT 3, BLOCK 1 HERITAGE TRACE GROCER ADDITION PROPOSED GROCERY STORE • I PROVIDE 8" STUB FOR CONNECTION TO DDCV (BY OTHERS) AND 1 ' IRRIGATION METER CONNECT TO EXIST 16" WATER LINE & INSTALL ±80 LF 8" WL if t� ♦ EXISTING 16" PVC WATER LINE X-17996 ff j \Ar M HER/TAGE TRACE PKWY WATER, SANITARY SEWER, STORM, STREET LIGHTING & PAVING IMPROVEMENTS TO SERVE PROPOSED GROCERY STORE (HERITAGE TRACE GROCER) Place, Ste. 700, Ft. Worth, TX 76116 IPRC22-0153 COUNCIL DISTRICT 4 817-338-1277 www.bhbinc.com CPN: 104284 MAPSCO NO. 021 U EXHIBIT A: WATER IMPROVEMENTS TBPE Firm F-44 TBPLS Firm 10011300 CFA: 22-0187 LEGEND PROPOSED PUBLIC DRAINAGE IMPROVEMENTS EXISTING SEWER IMPROVEMENTS 150 75 0 GRAPHIC SCALE: 1" = 150Feet 1J r 150 SD ss 300.00 7 5 EXISTING 10" PVC 22252 SEWER LINE S-14738 EXISTING 15' S.S. ESMT PER D213187407 HER/TAGE TRACE PARKWAY OWNED/DEVELOPED BY: HEB, LP (ALLIANCE CORP #801) :::- ri 6300 Ridglea mail©bhbinc.com BHB Project # 2019.194.000 n w LOT 3, BLOCK 1 HERITAGE TRACE GROCER ADDITION PROPOSED GROCERY STORE r PRIVATE SEWER 12 CONSTRUCT CONCRETE CAP OVER SEWER LINE PROPOSED PUBIC STORM DRAIN LINE PER IPRC-0153 HER/TAGE TRACE PKWY AIRD, HAMPTON & BROWN NGINEERING & SURVEYING Place, Ste. 700, Ft. Worth, TX 76116 817-338-1277 www.bhbinc.com TBPE Firm F-44 TBPLS Firm 10011300 o � uou u) WATER, SANITARY SEWER, STORM, STREET LIGHTING & PAVING IMPROVEMENTS TO SERVE PROPOSED GROCERY STORE (HERITAGE TRACE GROCER) IPRC22-0153 COUNCIL DISTRICT 4 CPN: 104284 MAPSCO NO. 021 U EXHIBIT Al : SEWER IMPROVEMENTS CFA: 22-0187 LEGEND PROPOSED PUBLIC PAVING IMPROVEMENTS 150 75 0 GRAPHIC SCALE: 1" = 150Feet 150 300 OWNED/DEVELOPED BY: HEB, LP (ALLIANCE CORP #801) a- - E ::: 6300 Ridglea mail©bhbinc.com BHB Project # 2019.194.000 LJ J L n n un La ,�i)DOSEDl Jr<N L AIRD, HAMPTO NGINEERING & Place, Ste. 700, Ft. Worth, 817-338-1277 TBPE Firm F-44 PROPOSED teCOMMERCIAL DRIVEWAY WITH SIDEWALK RAMPS LOT 3, BLOCK 1 HERITAGE TRACE GROCER ADDITION PROPOSED GROCERY STORE MODIFIY EXISTING TURN LANE _ TIC PROPOSED COMMERCIAL DRIVEWAY WITH SIDEWALK RAMPS \ PROPOSED COMMERCIAL DRIVEWAY WITH SIDEWALK RAMPS PROPOSED LEFT T ,HERITAGE TRACE PKWY N & BROWN SURVEYING TX 76116 www.bhbinc.com TBPLS Firm 10011300 WATER, SANITARY SEWER, STORM, STREET LIGHTING & PAVING IMPROVEMENTS TO SERVE PROPOSED GROCERY STORE (HERITAGE TRACE GROCER) IPRC22-0153 COUNCIL DISTRICT 4 CPN: 104284 MAPSCO NO. 021U EXHIBIT B: PAVING IMPROVEMENTS CFA: 22-0187 150 SD 300 LEGEND PROPOSED PUBLIC DRAINAGE IMPROVEMENTS 150 75 0 GRAPHIC SCALE: 1"= 15(Feet OWNED/DEVELOPED BY: HEB, LP (ALLIANCE CORP #801) LOT 3, BLOCK 1 HERITAGE " TRACE GROCER ADDITION � PROPOSED GROCERY STORE 7 1 i CONC. CAP OVER SEWER 48" SD S.E.T. 1-1—. —I RIP RAP —100�1 7 Fes— 100YR FP 10 \YR ►� R/TAGE TRACE PARKWAY BBAIRD, HAMPTON & BROWN ENGINEERING & SURVEYING 6300 Ridglea Place, Ste. 700, Ft. Worth, TX 76116 mail@bhbinc.com 817-338-1277 www.bhbinc.com BHB Project # 2019.194.000 TBPE Firm F-44 TBPLS Firm 1001 1300 PUBLIC STORM DRAIN EXTENSION HER /TAGECEPKWY WATER, SANITAR EWER, STORM, STREET LIGHTING & PAVING IMPROVEMENTS TO SERVE PROPOSED GROCERY STORE (HERITAGE TRACE GROCER) IPRC22-0153 COUNCIL DISTRICT 4 CPN: 104284 MAPSCO NO. 021U CFA: 22-0187 REMOVE EXISTING MANHOLE AND EXTEND STORM DRAIN REMOVE HEADWALL AND EXTEND STORM DRAIN ub o� 4� u PUBLIC STORM DRAIN EXTENSION W 7- o h (-f) as Lo„ BLOCK }5 So ' aI EXHIBIT B1: STORM DRAIN LEGEND EXISTING STREET LIGHT 150 75 0 GRAPHIC SCALE: 1" = 150Feet o-0 150 300.00 Li.. J n n n SALVAGE AND RELOCATE EXISTING STREET LIGHT ASSEMBLY. DEMOLISH EXISTING BASE AND FOUNDATION & RECONSTRUCT IN NEW LOCATION. OWNED/DEVELOPED BY: HEB, LP (ALLIANCE CORP #801) a - B 6300 mail©bhbinc.com BHB Project # 2019.1 BAIRD, HAMPTO ENGINEERING & Ridglea Place, Ste. 700, Ft. Worth, 817-338-1277 94.000 TBPE Firm F-44 i II • EXISTING STREET LIGHT, TYP. EXISTING STREET LIGHT, TYP. ✓f HERITAGE TRACE PKWY LOT 1 BLOCK 35 al 2 WATER, SANITARY SEWER, STORM, STREET LIGHTING & PAVING N & BROWN IMPROVEMENTS TO SERVE PROPOSED GROCERY STORE SURVEYING (HERITAGE TRACE GROCER) TX 76116 IPRC22-0153 COUNCIL DISTRICT 4 www.bhbinc.com CPN: 104284 MAPSCO NO. 021U TBPLS Firm 10011300 CFA: 22-0187 EXHIBIT C: STREET LIGHTING IMPROVEMENTS DocuSign Envelope ID: EFD17E0A-CE28-4F85-81CC-470AFA7AD059 Fort Worth CFA DAP - BID PROPOSAL Page 1 of 6 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Bidlist Item No. Description Project Item Information Bidder's Proposal Specification Section No. Unit of Bid Quantity Unit Price Bid Value Measure UNIT I: WATER IMPROVEMENTS 1 0170.0100 Mobilization 01 70 00 LS 1 $ 6,197.13 $ 6,197.13 2 0171.0101 Construction Staking 01 71 23 LS 1 $ 586.96 $ 586.96 3 3305.0109 Trench Safety 33 05 10 LF 75 $ 7.83 $ 587.25 4 3305.1103 20" Casing By Other Than Open Cut 33 05 22 LF 40 $ 984.68 $ 39,387.20 5 3305.1104 24" Casing By Other Than Open Cut 33 05 22 LF 35 $ 987.27 $ 34,554.45 6 3311.0001 Ductile Iron Water Fittings w/ Restraint 33 11 11 TON 1 $ 7,716.18 $ 7,716.18 7 3311.0251 8" DIP Water 33 11 10 LF 80 $ 118.57 $ 9,485.60 8 3311.0451 12" DIP Water 33 11 10 LF 80 $ 140.87 $ 11,269.60 9 3312.2103 1 1/2" Water Service (Irrigation) 33 12 10 EA 1 $ 6,200.65 $ 6,200.65 10 3312.2203 2" Water Service 33 12 10 EA 1 $ 6,673.74 $ 6,673.74 11 3312.4112 16" x 8" Tapping Sleeve & Valve 33 12 25 EA 1 $ 16,134.36 $ 16,134.36 12 3312.4114 16" x 12" Tapping Sleeve & Valve 33 12 25 EA 1 $ 18,907.16 $ 18,907.16 13 3292.0101 Utility Service Surface Restoration Sodding 32 92 13 SY 155 $ 12.91 $ 2,001.05 14 3312.3003 8" Gate Valve 33 12 20 EA 1 $ 3,811.72 $ 3,811.72 15 3312.3005 12" Gate Valve 33 12 20 EA 1 $ 6,207.69 $ 6,207.69 TOTAL UNIT I: WATER IMPROVEMENTS $169,720.74 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 CFA Bid Form 12-20-22.xlsx DocuSign Envelope ID: EFD17E0A-CE28-4F85-81CC-470AFA7AD059 Fort Worth CFA DAP - BID PROPOSAL Page 2 of 6 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Unit of Item No. Description Specification Section No. Measure Bid Quantity Unit Price Bid Value UNIT II: SEWER IMPROVEMENTS 1 9999.0001 Install concrete cap over existing sewer line 03 30 00 CY 4 $ 1,080.01 $ 4,320.04 TOTAL UNIT II: SEWER IMPROVEMENTS $ 4,320.04 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 CFA Bid Form 12-20-22.xlsx DocuSign Envelope ID: EFD17E0A-CE28-4F85-81CC-470AFA7AD059 Fort Worth CFA DAP - BID PROPOSAL Page 3 of 6 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Unit of Item No. Description Specification Section No. Measure Bid Quantity Unit Price UNIT III: DRAINAGE IMPROVEMENTS Bid Value 1 0170.0100 Mobilization 01 70 00 LS 1 $ 53,619.99 $ 53,619.99 2 0171.0101 Construction Staking 01 71 23 LS 1 $ 1,326.53 $ 1,326.53 3 0241.0800 Remove Rip Rap 02 4113 SF 950 $ 4.93 $ 4,683.50 4 0241.3403 Remove 6' Storm Junction Box 02 4114 EA 1 $ 3,519.41 $ 3,519.41 5 0241.4401 Remove Headwall/SET 02 4114 EA 1 $ 3,519.41 $ 3,519.41 6 0241.3023 Remove 48" Storm Line 02 4114 LF 140 $ 22.30 $ 3,122.00 7 3125.0101 SWPPP > 1 Acre 31 25 00 LS 1 $ 19,557.52 $ 19,557.52 8 3123.0101 Unclassified Excavation by Plan (for storm drain improvements) 31 23 16 CY 200 $ 27.00 $ 5,400.00 9 3137.0102 Large Stone Riprap, dry 31 37 00 SY 190 $ 143.22 $ 27,211.80 10 3292.0101 Utility Service Surface Restoration Sodding 32 92 13 SY 125 $ 12.91 $ 1,613.75 11 3305.0109 Trench Safety 33 05 10 LF 1,130 $ 1.17 $ 1,322.10 12 3341.0103 21" RCP, Class III 33 41 10 LF 90 $ 107.48 $ 9,673.20 13 3341.0205 24" RCP, Class III 33 41 10 LF 10 $ 262.96 $ 2,629.60 14 3341.0302 48" RCP, Class III 33 41 10 LF 1,030 $ 259.44 $ 267,223.20 15 3349.0003 6' Storm Junction Box 33 49 10 EA 8 $ 15,208.14 $ 121,665.12 16 3349.7003 6' Drop Inlet 34 49 10 EA 1 $ 16,664.98 $ 16,664.98 17 3349.9003 4' Grate Inlet (Grate Rim Only) 33 49 20 EA 1 $ 6,219.43 $ 6,219.43 18 3349.4113 48" SET, 1 pipe 39 49 40 EA 1 $ 9,552.19 $ 9,552.19 19 3292.0500 Seeding, Soil Retention Blanket 32 92 13 SY 1,260 $ 7.04 $ 8,870.40 TOTAL UNIT III: DRAINAGE IMPROVEMENTS $ 567,394.13 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 CFA Bid Form 12-20-22.xlsx DocuSign Envelope ID: EFD17E0A-CE28-4F85-81CC-470AFA7AD059 Fort Worth CFA DAP - BID PROPOSAL Page 4 of 6 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Bidlist Item No. Description Project Item Information Bidder's Proposal Specification Section No. Unit of MeasureBid Quantity Unit Price Bid Value UNIT IV: PAVING I VIPROVEMENTS 1 0170.0100 Mobilization 01 70 00 LS 1 $ 9,391.36 $ 9,391.36 2 0171.0101 Construction Staking 01 71 23 LS 1 $ 1,840.53 $ 1,840.53 3 0241.1300 Remove Conc Curb&Gutter 02 41 15 LF 750 $ 11.27 $ 8,452.50 4 3123.0101 Unclassified Excavation by Plan (for Paving Improvements) 31 23 16 CY 530 $ 26.82 $ 14,214.60 5 3211.0400 Hydrated Lime (271bs/SY) 32 11 29 TN 13.0 $ 381.52 $ 4,959.76 6 3211.0501 6" Lime Treatment 32 11 29 SY 955 $ 5.75 $ 5,491.25 7 3212.0501 4" Asphalt Base Type B 32 12 16 SY 610 $ 71.17 $ 43,413.70 8 3213.0103 8" Conc Pvmt 32 13 13 SY 610 $ 235.39 $ 143,587.90 9 0241.0100 Remove Sidewalk 02 41 13 SF 1,015 $ 5.87 $ 5,958.05 10 3213.0311 4" Conc Sidewalk, Adjacent to Curb 32 13 20 SF 240 $ 45.43 $ 10,903.20 11 3213.0301 4" Conc Sidewalk 32 13 20 SF 300 $ 45.43 $ 13,629.00 12 3213.0402 7" Concrete Driveway (inc. Stained Stamp Concrete Crosswalk) 33 13 13 SY 235 $ 284.23 $ 66,794.05 13 3213.0506 Barrier Free Ramp, Type P-1 32 13 20 EA 6 $ 1,072.96 $ 6,437.76 14 9999.0002 Concrete Pavers 32 14 16 SY 110 $ 126.78 $ 13,945.80 15 3216.0101 6" Conc Curb and Gutter 32 16 13 LF 570 $ 43.90 $ 25,023.00 16 3217.0201 8" SLD Pvmt Marking HAS (W) 32 17 23 LF 155 $ 17.61 $ 2,729.55 17 3217.1002 Lane Legend Arrow 32 17 23 EA 3 $ 616.31 $ 1,848.93 18 3217.4402 Remove Lane Legend Arrow 32 17 23 EA 1 $ 704.35 $ 704.35 19 3292.0100 Block Sod Placement (Within R.O.W) 32 92 13 SY 260 $ 12.91 $ 3,356.60 20 3441.4006 Install Alum Sign Ground Mount 34 41 30 EA 1 $ 381.52 $ 381.52 21 3471.0001 Traffic Control 34 71 13 MO 4 $ 2,367.41 $ 9,469.64 22 3305.0111 Valve Box Adjustment 33 05 14 EA 4 $ 586.96 $ 2,347.84 23 3110.0102 6"-12" Tree Removal 31 10 00 EA 7 $ 880.44 $ 6,163.08 24 3441.4110 Remove and Reinstall Sign Panel and Post 34 41 30 EA 1 $ 469.57 $ 469.57 TOTAL UNIT IV: PAVI JG IMPROVEMENTS $ 401,513.54 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 CFA Bid Form 12-20-22.xlsx DocuSign Envelope ID: EFD17E0A-CE28-4F85-81CC-470AFA7AD059 Fort Worth CFA DAP - BID PROPOSAL Page 5 of 6 UNIT PRICE BID Bidlist Item No. SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Description Project Item Information Specification Section No. UNIT V: STREET LIGHTING 1 2605.3015 2" CONDT PVC SCH 80 (T) 2 3441.3411 Reconnect Conductor 3 3441.1405 NO 2 Insulated Elec Condr 4 3441.3502 Relocate Street Light Pole 5 9999.0004 Hillwood Base Street Light Foundation 6 3441.1733 Rdwy Illumincation Foundation TY 11 9999.0005 Fumish/Install Powder Coat Black LED Lighting Fixture (137 watt 7 ATB2 Cobrahead) 8 9999.0006 Demolish Existing 2" CONDT PVC SCH 80 IMPROVEMENTS 26 05 33 34 41 20 34 41 10 34 41 20 34 41 20 34 41 20 34 41 20 26 05 33 Bidder's Application Bidder's Proposal Unit of Measure Bid Quantity Unit Price EA EA LF EA EA EA EA LF Bid Value 160 $ 48.13 $ 7,700.80 8 $ 645.66 $ 5,165.28 1,640 $ 12.91 $ 21,172.40 1 $ 6,238.21 $ 6,238.21 1 $ 10,366.36 $ 10,366.36 2 $ 2,094.27 $ 4,188.54 2 $ 1,115.22 $ 2,230.44 160 $ 1.17 $ 187.20 TOTAL UNIT V: STREET LIGHTING IMPROVEMENTS $ 57,249.23 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 CFA Bid Form 12-20-22.xlsx DocuSign Envelope ID: EFD17E0A-CE28-4F85-81CC-470AFA7AD059 Fort Worth CFA DAP - BID PROPOSAL Page 6 of 6 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Bidlist Item No. Description Project Item Information Bidder's Proposal Specification Section No. Unit of Bid Quantity Unit Price Bid Value Measure Bid Summary UNIT I: WATER IMPROVEMENTS UNIT II: SANITARY SEWER IMPROVEMENTS UNIT III: DRAINAGE IMPROVEMENTS UNIT IV: PAVING IMPROVEMENTS UNIT V: STREET LIGHTING IMPROVEMENTS This Bid is submitted by the entity named below: BIDDER: EMJ Construction 5525 N. MacArthur Blvd. Suite 400 Irving, TX 75038 BY: Total Construction Bid WbWtdr►la%�� TITLE: Executive Vice President DATE: 1/4/2023 $169,720.74 $4,320.04 $567,394.13 $401,513.54 $57,249.23 $1,200,197.68 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 SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 CFA Bid Form 12-20-22.xlsx