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Contract 59149
ReceivedDate: Mar 31, 2023 Received Time: 2:43 p.m. Developer and Project Information Cover Sheet: Developer Company Name: Lennar Homes of Texas Land and Construction LTD Address, State, Zip Code: 1707 Market Place Blvd #100 Irving, Texas 75063 Phone & Email: (469) 587-5293 1 Jennifer.Eller@lennar.com Authorized Signatory, Title: Jennifer Eller, Authorized Agent Project Name: Shale Creek Phase 3B Brief Description: Water, Sewer, Paving, Storm Drain & Street Lights Project Location: S County Line Rd, Rhome, TX 76078 Plat Case Number: Plat Name: Mapsco: 640F&K Council District: ETJ CFA Number: 22-0179 City Project Number: 104200 1 IPRC22-0145 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Page 1 of 19 Standard Community Facilities Agreement Rev. 9/21 City Contract Number: 59149 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 Lennar Homes of Texas Land and Construction LTD ("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 Shale Creek Phase 3B ("Project"); and WHEREAS, the City desires to ensure that all developments are adequately served by public infrastructure and that the public infrastructure is constructed according to City standards; and WHEREAS, as a condition of approval of the Project, Developer is required to bear a portion of the costs of municipal infrastructure by constructing the public infrastructure necessary for the Project as described in this Agreement ("Community Facilities" or "Improvements"); and WHEREAS, as a condition of approval of the Project, Developer is required to meet the additional obligations contained in this Agreement, and Developer may be required to make dedications of land, pay fees or construction costs, or meet other obligations that are not a part of this Agreement; and WHEREAS, the City is not participating in the cost of the Improvements or Project; and WHEREAS, the Developer and the City desire to enter into this Agreement in connection with the collective Improvements for the Project; NOW, THEREFORE, for and in consideration of the covenants and conditions contained herein, the City and the Developer do hereby agree as follows: 1. CFA Ordinance The Community Facilities Agreements Ordinance ("CFA Ordinance"), as amended, is incorporated into this Agreement by reference, as if it was fully set out 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 exists between the terms and conditions of this Agreement and the CFA Ordinance, the CFA Ordinance shall control. City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 OFFICIAL RECORD CITY SECRETARY Page 2 of 19 FT. WORTH, TX 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: E Exhibit A: Water E Exhibit A-1: Sewer E Exhibit B: Paving E Exhibit 13-1: Storm Drain E Exhibit C: Street Lights & Signs The Location Map and Cost Estimates are also attached hereto and incorporated herein by reference. To the extent that Exhibits A, A-1, B, B-1, C, the Location Map, or the Cost Estimates conflict with the Engineering Plans, the Engineering Plans shall control. If applicable, Attachment 1 — Changes to Standard Community Facilities Agreement, Attachment 2 — Phased CFA Provisions, and Attachment 3 — Concurrent CFA Provisions, are attached hereto and incorporated herein for all purposes. 4. Construction of Improvements Developer agrees to cause the construction of the Improvements contemplated by this Agreement and that said construction shall be completed in a good and workmanlike manner and in accordance with all City standards and specifications, the Engineering Plans, the Cost Estimates provided for the Improvements, and this Agreement. Developer acknowledges that City will not accept the Improvements until the City receives affidavits and lien releases signed by Developer's contractors verifying that the contractors, and all subcontractors and material suppliers, have been paid in full for constructing the Improvements, and consent of the surety on payment and performance bonds provided for the Improvements. 5. Financial Guarantee Developer has provided the City with a financial guarantee in the form and amounts set forth in this Agreement which guarantees the construction of the Improvements and payment by Developer of all contractors, subcontractors, and material suppliers for the Improvements ("Financial Guarantee"). Developer shall keep the Financial Guarantee in full force and effect until released by the City and shall not reduce the amount of the Financial Guarantee unless authorized by the City in accordance with the CFA Ordinance. City of Fort Worth, Texas Page 3 of 19 Standard Community Facilities Agreement Rev. 9/21 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. (b) The City may utilize the Developer's Financial Guarantee to cause the completion of the construction of the Improvements or to cause the payment of costs for construction of the Improvements before the expiration of the Term, and any Extension Period, if the Developer breaches this Agreement, becomes insolvent, or fails to pay costs of construction. (c) If the Financial Guarantee is a Completion Agreement and the Developer's contractors or suppliers are not paid for construction costs or materials supplied for the Improvements the contractors and suppliers may place a lien upon any property which the City does not have an ownership interest that is the subject of the Completion Agreement. (d) Nothing contained herein is intended to limit the Developer's obligations under the CFA Ordinance, this Agreement, the Financial Guarantee, Developer's agreements with Developer's contractors, or other related agreements. 8. Termination If Developer desires to terminate this Agreement before Developer's contractors begin constructing the Improvements, Developer agrees to the following: (a) that Developer and City must execute a termination of this Agreement in writing; (b) that Developer will vacate any final plats that have been filed with the county where the Project is located; and (c) to pay to the City all costs incurred by the City in connection with this Agreement, including time spent by the City's inspectors at preconstruction meetings. 9. Award of Construction Contracts City of Fort Worth, Texas Page 4 of 19 Standard Community Facilities Agreement Rev. 9/21 (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 Insurance (ACORD or form approved by the State of Texas), supplied by each contractor's insurance provider, which shall be made a part of the Project Manual. (e) Developer will require the Developer's contractors to give forty-eight (48) hours' advance notice of their intent to commence construction of the Improvements to the City's Construction Services Division so that City inspection personnel will be available. Developer will require Developer's contractors to allow construction of the Improvements to be subject to inspection at any and all times by the City's inspectors. Developer will require Developer's contractors to not install or relocate any sanitary sewer, storm drain, or water pipe unless a City inspector is present and gives consent to proceed, and to allow such laboratory tests as may be required by the City. (f) Developer will not allow Developer's contractors to begin construction of the Improvements until a notice to proceed to construction is issued by the City. (g) Developer will not allow Developer's contractors to connect buildings to service lines of sewer and water mains constructed pursuant to this Agreement, if any, until said sewer, water mains and service lines have been completed to the satisfaction of the City. 10. Utilities Developer shall cause the installation or adjustment of utilities required to: (1) serve the Project; and (2) to construct the Improvements required herein. City shall not be responsible for payment of any costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with any of the Improvements to be constructed pursuant to this Agreement. City of Fort Worth, Texas Page 5 of 19 Standard Community Facilities Agreement Rev. 9/21 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, INCL UDING 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 ONACCOUNT OFANYACT, 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 IN ACCORDANCE WITH ALL PLANS AND SPECIFICATIONS. 13. Right to Enforce Contracts City of Fort Worth, Texas Page 6 of 19 Standard Community Facilities Agreement Rev. 9/21 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 for the Improvements being inspected by the City. 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 for the Improvements being inspected by the City. 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 City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 DEVELOPER: Lennar Homes of Texas Land and Construction LTD 1707 Market Place Blvd #100 Irving, Texas 75063 Page 7 of 19 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 Or to such other address one party may hereafter designate by notice in writing addressed and mailed or delivered to the other party hereto. 17. Right to Audit Developer agrees that, until the expiration of three (3) years after acceptance by the City of the Improvements constructed pursuant to this Agreement, that the City shall have access to and the right to examine any directly pertinent books, documents, papers and records of the Developer involving transactions relating to this Agreement. Developer agrees that the City shall have access during normal working hours to all necessary Developer facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Developer reasonable advance notice of intended audits. Developer further agrees to include in all contracts with Developer's contractors for the Improvements a provision to the effect that the contractor agrees that the City shall, until the expiration of three (3) years after final payment under the contract, have access to and the right to examine any directly pertinent books, documents, papers and records of such contractor, involving transactions to the contract, and further, that City shall have access during normal working hours to all of the contractor's facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Developer's contractors reasonable advance notice of intended audits. 18. Independent Contractor It is expressly understood and agreed that Developer and its employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers shall operate as independent contractors as to all rights and privileges and work performed under this Agreement, and not as agents, representatives or employees of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Developer shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer acknowledges that the doctrine of respondeat superior shall not apply as between the City and its officers, representatives, agents, servants and employees, and Developer and its employees, representatives, agents, servants, officers, contractors, City of Fort Worth, Texas Page 8 of 19 Standard Community Facilities Agreement Rev. 9/21 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 fixture 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 City of Fort Worth, Texas Page 9 of 19 Standard Community Facilities Agreement Rev. 9/21 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" have the meanings ascribed to those terms by Chapter 2271 of the Texas Government Code. 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 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. 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 City of Fort Worth, Texas Page 10 of 19 Standard Community Facilities Agreement Rev. 9/21 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'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. 29. 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. 30. 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. 31. 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. 32. 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 11 of 19 Standard Community Facilities Agreement Rev. 9/21 33. 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. 34. Counterparts This Agreement may be executed in multiple counterparts, each of which will be deemed an original, but which together will constitute one instrument. 35. 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. 36. Inspection and Maintenance of Improvements (a) This Agreement is subject to the Agreement Concerning Water and Sewer Service to Shale Creek Development, City Secretary Contract Number 48653 ("Water and Sewer Agreement"). In accordance with the Water and Sewer Agreement: all water improvements constructed within the Aqua Texas Water Service Area shall be constructed to City standards and inspected by the City prior to conveyance of such infrastructure to Aqua Texas; ii. all wastewater infrastructure constructed within the Shale Creek Development shall be reviewed, constructed, and inspected through the City's IPRC and CFA process prior to conveyance of such infrastructure to Aqua Texas; and iii. Aqua Texas shall maintain all water infrastructure constructed within the Aqua Texas Water Service Area and all sewer infrastructure constructed within the Shale Creek Development to City maintenance standards. The City's Water Department has the right to inspect such infrastructure during regular business hours and to receive CCTV information. (b) This Agreement is subject to the Development Agreement Between the City of Fort Worth, Texas and Shale 114, L.P., City Secretary Contract Number 48649 ("Development Agreement"). In accordance with the Development Agreement: (c) City employees or third party inspectors retained in accordance with generally applicable City policies ("City Inspectors") shall perform all inspections and testing of water and sewer Infrastructure as such Infrastructure is constructed. The North Fort Worth Water City of Fort Worth, Texas Page 12 of 19 Standard Community Facilities Agreement Rev. 9/21 Control and Improvement District No. 1 of Denton and Wise Counties ("District") or the Developer will pay the water and sewer inspection fee to the City prior to scheduling for a pre -construction meeting. ii. The City Inspectors shall notify Developer and the District at least 24 hours before each inspection to enable the District's engineers to be present during the inspections. The District's engineer may observe City inspections for the purpose of gathering the information required to complete and submit all TCEQ required reports. The City Inspectors shall cooperate with the District to provide inspection reports that satisfy TCEQ requirements for issuance of bonds by the District. iii. Inspections and testing of all other Infrastructure shall be performed by inspectors retained and paid for by the District (or by Developer on behalf of the District) and approved by the City ("Third Party Inspectors"). The District or Developer, as applicable, shall submit the names, addresses and phone numbers of such inspectors as part of the submittal of final construction plans. Construction of Infrastructure shall not commence until such inspectors have been approved by the City which approval shall not be unreasonably withheld or delayed. The District, or Developer, as applicable, shall require all Third Parry Inspectors to provide copies of all inspection and testing reports to the City Inspector within five (5) business days of the date of the inspection. iv. The City has the right to terminate any Third Party Inspector retained by the District or Developer if the inspector: (a) fails to perform inspections and testing to ensure construction in compliance with the Development Agreement; or (b) fails to timely provide copies of inspection and testing reports to the City's Transportation and Public Works Department and does not correct any such deficiencies within ten (10) days after receipt of written notice from the City. Upon termination of any Third Party Inspector, the City at its option, may: (a) allow the use of another approved Third Party Inspector, or (b) perform all necessary inspections and testing. Should the City elect to perform inspections and testing pursuant to the Development Agreement, the City shall perform such inspections and testing for compliance with the Development Agreement in a timely manner and the District shall pay the City an inspection fee to reimburse the City for its reasonable and necessary costs of performing the Infrastructure inspection, but not exceeding the City's generally applicable fee schedule. V. Denton County shall inspect all flood control structures and connections to Denton County roads constructed on the Property. The Denton County Public Works Department will be responsible for conducting these inspections in accordance with the Denton County Subdivision Rules and Regulations. [REMAINDER OF PAGE INTENTIONALLY BLANK] City of Fort Worth, Texas Page 13 of 19 Standard Community Facilities Agreement Rev. 9/21 37. Cost Summary Sheet Project Name: Shale Creek Phase 3B CFA No.: 22-0179 City Project No.: 104200 IPRC No.: 22-0145 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 Total Estimated Construction Fees: Financial Guarantee Options. choose one Developer's Cost $ 419,250.00 $ 472,641.50 $ 891,891.50 $ 859,895.90 $ 111,932.00 $ 106,265.00 $ 1,078,092.90 $ 1,969,984.40 $45,500.00 $7,350.00 $690.00 $ 53,540.00 Choice Amount (Mark one) Bond = 100% $ 1,969,984.40 X Completion Agreement = 100% / Holds Plat $ 1,969,984.40 Cash Escrow Water/Sanitary Sewer= 125% $ 1,114,864.38 Cash Escrow Paving/Storm Drain = 125% $ 1,347,616.13 Letter of Credit = 125% $ 2,462,480.50 Escrow Pledge Agreement = 125% $ 2,462,480.50 City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 Page 14 of 19 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 BU!'ghdoAc Dana Burghdoff (MaY10, 202312:37 CDT) Dana Burghdoff Assistant City Manager Date: Mar 30, 2023 Recommended by: Dwayne Hollars (Mar 29, 2023 11:19 CDT) Dwayne Hollars Contract Compliance Specialist Development Services Approved as to Form & Legality: 4K2,, Richard A. McCracken (Mar 29, 202319:10 CDT) Richard A. McCracken Sr. Assistant City Attorney M&C No. N/A Date: Mar 29, 2023 Form 1295: N/A Q,aovona�� �4 FORT�Oaa ATTEST: oho �a9.io Pvo o=d }Q �r� dpa* ooQ 000*� �,n�., e.�y,u � �,Vp„CF Jt„Q �i�nnt�i°�°pX�°4f�•4,�b Jannette S. Goodall City Secretary City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 DEVELOPER Lennar Homes of Texas Land and Construction LTD. By: U.S. Home, LLC a Delaware limited liability company (as successor -in -interest by conversion from U.S. Home Corporation, a Delaware Corporation), 4 1�4 Jennifer Eller (Mar 29, 202311:17 CDT) Jennifer Eller Authorized Agent Date: Mar 29, 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. 17 b, A#\ Rebecca Diane Owen (Mar 29, 2023 12:04 CDT) Rebecca Diane Owen Development Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 15 of 19 The following attachments are incorporated into this Agreement. To the extent a conflict exists between the main body of this Agreement and the following attachments, the language in the main body of this Agreement shall be controlling. Included Attachment ® Attachment 1 - Changes to Standard Community Facilities Agreement ® Attachment 2 — Phased CFA Provisions ❑ Attachment 3 — Concurrent CFA Provisions ® Location Map ® Exhibit A: Water Improvements ❑X 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 16 of 19 Standard Community Facilities Agreement Rev. 9/21 ATTACHMENT "I" Changes to Standard Community Facilities Agreement City Project No. 104200 None City of Fort Worth, Texas Page 17 of 19 Standard Community Facilities Agreement Rev. 9/21 ATTACHMENT "2" Phased CFA Provision City Project No. 104200 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 18 of 19 Standard Community Facilities Agreement Rev. 9/21 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 (INCL UDING ANY 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: M `"`% Jennifer Eller (Mar 29, 202311:17 CDT) Name: Jennifer Eller Title: Authorized Agent City of Fort Worth, Texas Page 19 of 19 Standard Community Facilities Agreement Rev. 9/21 DOVE HOL N 0 �' c- HICKORY ST ® rn z W COUNTY LINE RD > WI ORY ST 0 o D 1 " = 5000' 0 0 PROJECT N w LOCATION r w z z J Z D cy�gY 0 EAST STATE HIGHWAY 114 cf) of ........ L_ p — :2 D O K: Z m w N LEXINGTON CIR ROBIN RD n D Z 0 D SONGBIRD m m z r- SONGBIRD LN z HWY 287 VICINITY MAP SHALE CREEK PHASE 36 CITY OF FORTH WORTH ETJ CITY PROJECT NO. 104200 MAPSCO NO. 640F & 640K OWNED/DEVELOPED BY: LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD. LJA ENGINEERING, INC. 1707 MARKETPLACE BOULEVARD 3017 WEST 7TH STREET SUITE 210 SUITE 300 IRVING, TEXAS 75063 FORT WORTH, TX 76107 ELIZABETH BENTLEY TEXAS REGISTRATION F-1386 PHONE: (214) 577-1056 LAUREN GILSTRAP FAX: (469) 587-0833 PHONE: (817)-288-1935 CONNECT TO EXISTING WATER LINE FlD 30114-0200431-103158-EO768 CPN: 103158. X-26860 20 19 18 17 1T61 14 13 12 11 10 9 8 7 6 5 4 3 27 80NE SPRING DRIVE WL-11 \ 22 23 24 25 26 7 8 5 4 3 2 1 1 30 \I � 21 � 2 29 444c rn 1 27 3 28 I 49X 28 u 8 9 10 11 12 13 14 4 27 J 5 26 w GLORIETTA ROAD 30 31 32 33 34 8 25 5 29 7 24 g 35 8 23 36 9 22 37 10 21 38 39 CONNECT TO EXISTING WATER LINE FlD 30114-0200431-103158-EO768 CPN: 103158, X-26860 OWNED/DEVELOPED BY LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD. 1707 MARKETPLACE BOULEVARD SUITE 210 IRVING, TEXAS 75063 ELIZABETH BEWLEV PHONE: (214) 577-1056 FAX: (469) 587-0833 40 i LEGEND PROPOSED WATER LINE EXISTING WATER LINE LIMITS OF PROJECT - - - - PROPOSED WATER LINES ARE 8" UNLESS OTHERWISE INDICATED. WATER DISTRIBUTION SYSTEM TO BE OWNED SHALE CREEK PHASE 3B AND MAINTAINED BY THE CITY OF FORT WORTH. CITY PROJECT NO: 104200 38 37135 ]_ 1 2 UNDER CONSTRUCTION PHASE 3A 3 CPN: 103158 I 4 5 8 �I7 8 9 10 11 12 13 14 SHALE CREEK UNDER CONSTRUCTION CPN:10315B CONNECT TO EXISTING SEWER LINE FlD 30114-0200431-103158-EO768 CPN: 103158. X-26860 20 19 18 17 1T61 14 13 127110 9 8 7 8 5 4 3 2 1 E"E SPRING DRNE SS C SS D 22 23 24 25 26 7 8 5 4 3 2 1 w 1 30 21 Q 2 29 449x 3 28 27 vN N 48X 28 u 8 9 10 11 12 13 14 4 27 SS B 5 26 w _ GLORIETTA ROAD 8 25 30 31 32 33 34 0 29 7 24 g 35 8 23 38 9 22 S �.O w � 10 21 OWNED/DEVELOPED BY LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD. 1707 MARKETPLACE BOULEVARD SUITE 210 IRVING, TEXAS 75063 ELIZABETH BEWLEV PHONE: (214) 577-1056 FAX: (469) 587-0833 1 C/-•CKih PROPOSED SANITARY SEWER EXISTING SANITARY SEWER LIMITS OF PROJECT - - - - PROPOSED SEWER LINES ARE 8" UNLESS OTHERWISE INDICATED. WASTEWATER COLLECTION SYSTEM TO BE OWNED AND MAINTAINED BY AQUA TEXAS. 38 \ 39 40 � r CONNECT TO EXISTING SEWER LINE FlD 30114-0200431-103158-EO768 CPN: 103158, X-28M SHALE CREEK PHASE 3B CITY PROJECT NO: 104200 73736 35 SS E T--� rL UNDER CONSTRUCTION PHASE 3A CPN: 103158 ' II i �I �L I 1 t S 4 SHALE CREEK - - UNDER CONSTRUCTION - PHASE 3A r^ CPN: 103158 0 100 200 FEET / CONNECT TO EXISTING ROADWAY FlD 30114-0200431-103158—E0768 CPN: 103158, X-26860 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 41.3 2 El 38 37 36 35 BONE SPRING DRNE 22 23 24 25 E26W 1 30 1 II SHALE CREEK 21 2 29 2 UN P CONSTRUCTION 1 P7 � 3 28 3 CPN: 103156 i I49X 28 4 27 4 5 26 W 5 GUORERA ROAD 8 25 8 — 29 30 31 32 33 34I 7 24 7 r 35 8 23 8 36 9 22 9 37 10 21 10 38 11 39 12 13 40 14 SHALE CREEK — UNDER CONSTRUCTION OWNED/DEVELOPED BY: /'-� 1 PHASE 3A LENNAR HOMES OF TEXAS _ T ( 1 r CPN: 1031513 I r LAND AND CONSTRUCTION, LTD. CONNECT TO EXISTING ROADWAY 1707 MARKETPLACE BOULEVARD FlD 30114-0200431-103158—EO768 SUITE210 CPN: 103158, X-26860 IRVING, TEXAS 75063 ELIZABETH BENTLEY PHONE: (214) 577-1056 FAX: (469) 587-0833 LEGEND PROPOSED 29'B-B ROADWAY/50' ROW 6'' CONCRETE PAVEMENT PROPOSED 5' SIDEWALK BY DEVELOPER O PROPOSED 5' SIDEWALK BY HOMEBUILDER PROPOSED ADA RAMPS (BY DEVELOPER) SHALE CREEK PHASE 3B PAVING LIMITS OF PROJECT - - EXHIBITV CITY PROJECT NO: 104200 LJA Engineering, Inc. ROADS TO BE MAINTAINED BY NORTH FORT WORTH 3017 W 7th Street Phone 469.621.0710 Suite 300 WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 Fort Worth, Texas 76107 FRN-F-1386 Lauren Gilstrap 817.288.1935 �0 20 19 18 17 15' INLET 24" RCP 22 23 24 21 20' INLET 0 3'X3' RCB FW WINGWALL 49X OWNED/DEVELOPED BY: LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD. 1707 MARKETPLACE BOULEVARD SUITE 210 IRVING, TEXAS 75063 ELIZABETH BENTLEY PHONE: (214) 577-1056 FAX: (469) 587-0833 LEGEND PROPOSED STORM DRAIN LINE PROPOSED INLET PROPOSED MANHOLE 16 15 14 13 12 11 10 9 8 7 8 5 4 3 2 1 38 37 36 35 BONE SPRING DRIVE 7 8 5 4 3 2 1 1 30 1 L 2 29 2 UN SHALE CON ON PHASE 3A x CPN: 103158 3 28 3 T a 8 9 10 11 12 13 14 4 27 4 5 26 w 5 GLORIETTA ROAD lI 30 31 32 33 34 I 8 25 0 8 I 7 24 g 7 10' INLET- — 35 8 23 8 36 9 22 21" RCP 37 10 21 10 38 11 20 11 24" RCP 39 12 19 12 13 18 21" RCP 21" RCP 10' INLET9 1 10' INLET 14 I 17 10' INLET / 24" RCP EXISTING EXISTING 24" RCP FOREST LAWN ROAD 24" RCP — — SHALE CREEK UNDER 1AS CONSTRUCTION CPN: 103158 CONNECT TO EXISTING STORLIWATER LINE FlD 30114-0200431-103158-EO768 CPN: 103158, X-28860 PROPOSED MANHOLE RISER 0 EXISTING STORM DRAIN LINE LIMITS OF PROJECT - - - - DRAINAGE FACILITIES TO BE MAINTAINED BY NORTH FORT WORTH WATER CONTROL SHALE CREEK PHASE 3B AND IMPROVEMENT DISTRICT NO. 1. CITY PROJECT NO: 104200 17 18 15 14 13 12 11 10 9 8 7 8 5 4 3 2 1 38 37 38 35 BONE SPRING DRIVE 7 8 5 4 3 2 1 x 8 9 10 11 12 13 14 OWNED/DEVELOPED BY: LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD. 1707 MARKETPLACE BOULEVARD SUITE 210 IRVING, TEXAS 75063 ELIZABETH BENTLEY PHONE: (214) 577-1056 FAX: (469) 587-0833 PROPOSED SINGLE STREET 'AE LIGHT EXISTING SINGLE STREET # LIGHT PROPOSED STREET NAME SIGNS EXISTING STREET NAME A SIGNS LIMITS OF PROJECT - - - - STREET LIGHTS & STREET SIGNS TO BE MAINTAINED BY NORTH FORT WORTH WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1. 1 2 3 4 5 8 7 8 10 30 29 28 27 26 W 25 0 24 g 23 22 21 11 20 12 19 13 18 14 17 FOREST UVNN ROAD 1 t 2 SHALE CREEK UNDER CONSTRUCTION PHASE 3A 3 CPN: 103158 1 4 5 8 �I7 8 9 10 11 12 13 14 ^` SHALE CREEK UNDER CONSTRUCTION I � PHASE 3A AA 103158 SHALE CREEK PHASE 3B CITY PROJECT NO: 104200 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM 00 42 43 DAP - RID PROPOSAL. Page I of 5 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 I: WATER IMPROVEMENTS 1 _ 2 _ 3 _ 4 _ 5 _ 6 7 0241.1013 Remove 8" Water Line 3305.0003 8" Waterline Lowering 3305.0109 Trench Safety 3311.0241_8" PVC Water Pipe 3312.0001 Fire Hydrant _ _ 3312.0117 Connection to Existing 4"-12" Water Main 3312.2003 1" Water Service 3312.3003 8" Gate Valve 3311.0001 Ductile Iron Water Fittings w/ Restraint 9999.0001 1" Irrigation Service w/ Backflow Preventer 0241 14 33 05 12 LF 9 _ 3 3619 3619 $20.00 $3 000.00 $2.00 $58.00 $5 200.00 $1,500.00 $1 200.00 S1 550.00 $8,500.00 $3,200.00 $180.00 $9,000.00 $7,238.00 $209.902.00 $26,000.00 $4,500.00 EA 33 05 10 3311 10, 3311 12 33 12 40 33 12 25 33 12 10 LF LF EA EA EA 5 3 99 $118 800.00 $15,500.00 $18 530.00 8 33 12 20 EA 10 2.18 -3 9 3311 11 TON 10 - 11 12 00 00 00 EA $9,600.00 13 15 16 17 18 19 20 — - — 21 _ 22 23 24 25 2- - - -- - - - 27 28 29 - - _ -- 30 31 32 — -- 33 - 34- 35 36 —37 -- - - 38 39 40 41 42 43 44 45 TOTAL UNIT I: WATER IMPROVEMENTS $419,250.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Fonn Version Maq 22, 2019 Shale Creek Phase 313 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID 00 42 43 DAP -Dm PROPOSAL Page 2 of 5 Bidder's Application Project Item Information Bidder's Proposal Bidlist Item No. Description Specification Section No. Unit of I Measure Bid Quantity Unit Price Bid Value UNIT It: SANITARY SEWER IMPROVEMENTS 1 0241.2013 Remove 8" Sewer Line 0241 14 LF 28 $30.00 $840.00 .-2 3301.0002 Post -CCTV Inspection 33 01 31 LF 3951 $3.00 $11,853.00 3 3_301.0101 Manhole Vacuum Testing 3301 30 EA 14 $_200.00 _ $2,800.00 4� 3305.0107 Manhole Adjustment, Minor _33 05 14_ EA 1 $1,000.00 $1,000.00 3951 $2.00 $850.00 $68.00 _ �$7,902.00 $83,300.00 $261,868.00 5— 3305.0109 Trench Safety 3331.3101 4" Sewer Service .3301 31 33 31 50 33 11 00, 33 31 12,3331 zo _ _ LFi EA 7 98 3851 8 3331.4115 8" Sewer Pipe (SDR-26, ASTM D3034) LF 3331.4116 8" Sewer Pipe (SDR-26, ASTM D3034 w/ CSS) 33 1110, 33 31 12,3331 20 $88.00 $8,800.00 _9 LF 100 VF 36.7 10 3339.0001 Epoxy Manhole Liner 33 39 60 $455.00 $16,698.50 11 3339.1001 4' Manhole 33 39 10, 33 39 20 EA 13 $4,500.00 $58 500.00 EA 1 12 3339.1002 4' Drop Manhole 33 39 10, 33 39 20 $5.375.00 $5,375.00 13 3339.1003 4' Extra Depth Manhole 9999.0001 Hydraulic Slide 33 39 10, 33 39 20 00 00 00 VF EA 35.4 1 $225.00 $2,500.00 $7,965.00 $2,500.00 14 LF 18 $3,240.00 - 15 9999.0002 15" Sewer Encasement Pipe 00 00 00 $180.00 16i -16 - — 18 19 20 21 22 23 24 25 26 27 — 28 ' 29 30 31 32 33� 34 35 36 _ 37 38! —39- 40 41 _ 42� 43 44 TOTAL UNIT II: SANITARY SEWER IMPROVEMENTS $472,641.50 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 Shale Creek Phase 3B SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID 00 42 43 DAP - BID PROPOSAL Page 3 of 5 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 III: DRAINAGE IMPROVEMENTS 1 0241.3015 Remove 24" Storm Line 0241 14 LF 16 $30.00 $480.00 EA 2 0241.4201 Remove 4' Drop Inlet 0241 14 2 $1,000.00 $2,000.00 3 3305.0109 Trench Safety 33 05 10 LF 521 $2.00 $1,042.00 3341 10� LF 100 $7,500.00 4 3341.0201 21" RCP, Class III $75.00 LF 321 _ $85.00 $_27,285.00 5 i6 3341.0205 24" RCP, Class IT 3341 10 3341.1002 3x3 Box Culvert 3349.0001 4' Storm Junction Box 3341 10 33 49 10 LF EA 100 $235.00 $23,500.00 $5,500.00 7 1 $5,500.00 33 49 20 i EA 6 _ i8 3349.5001 10' Curb Inlet $22,800.00 �$3,800.00 $4,800.00 9 3349.5002 15' Curb Inlet 33 49 20 EA� 1 $4,800.00 EA SY 1 10 3349.5003 20' Curb Inlet 9999.0002 12" Rock Riprap 33 49 20 00 00 00 _ $5,8_00.00 $115.00 $5,800.00 $1,725.00 11 15 00 00 00 00 00 00 EA 1 $4,500.00 12 9999.0003 A 3.1 FW Headwall 9999.0004 Connection To Existing 24" RCP $4,500.00 $5,000.00 13 EA 2 $2,500.00 14 15 - -- 16_ 17 18 19 20 _ 21_ 22 23 24 25_i_ _ 26 27 28 29 30 31 32 —33 _— �34 35 �36� _ 37 38 i 39 _40 41i i42— —43 44 �45 TOTAL UNIT III: DRAINAGE IMPROVEMENTS $111,932,00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22.2019 Shale Creek Phase 3B SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID 00 42 43 DAP-BIDPROPOSAL Page 4 of 5 Bidder's Application Project Item Information Bidders Proposal Bidlist Item No Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value UNIT IV: PAVING IMPROVEMENTS 1 3211.0400 Hydrated Lime 3213.0101 6" Conc Pvmt _ 32 1129 32 13 13 TN SY 193 $255.00 $49,215.00 $701,046.00 2 12087 158.00 _SY _ — SF EA 12873 _ 1995.78 4 3 3211 A501 6" Lime Treatment (30#/SY) 3213.0301 4" Conc Sidewalk 3213.0501 Barrier Free Ramp, Type R-1 _31 11 29 _ ` 32 13id _ 32 13 20 $4.00 �$51.492.00 $9,978.90 _, $9,600�00 4 $5.00 $2,400.00 5 6 6 3213.0506 Barrier Free Ramp, Type P-1 32 13 20 _ EA _ , $2,400�00 i $14,400.00 7 32_91.0100 Topsoil 3292.0400 Sodding 38 225 32 92 19 _CY _ SY $28.00 $8.00 $1,064.00 8 3292 13— $1,800.00 3471 13 000000! 9 3471.0001 Traffic Control 9999.0001 Furnish/install Sign Post & Foundation LS 1 $4,500.00 $650.00 $4,500.00 $3,900.00 10_ 6 11 9999.0002_Stop Sign (R1-1 00 00 00 �EA� EA 5 $450.00 $2,250.00 12 9999.0003 Street Name Blade 00 00 00 _ EA 24 $350.00 $8,400.00 13� 9999.0004 Remove Barricade & Connect to Existing Header 9999.0005 Type III Barricade 00 00 00 00 00 00 _ EA 3 $500.00 _ $1,500.00 14 EA 1 $750.00 $750.00 16 17 18 19 20 _ 21 - 22=_ 23 -- 24 — 25 25 — 27 28 i 29 30 i 131 3 33 `34 35 36 37 _ 38 39 40 41 _42 43 TOTAL UNIT IV: PAVING IMPROVEMENTS $859,895.90 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 Shale Creek Phase 3B UNIT PRICE BID SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Project Item Information 00 42 43 DAP - BID PROPOSAL Page 5 0175 Bidder's Application Bidder's Proposal IBidlist Item Il No Description I Specification Section No. Unit of Measure I Bid Quantity Unit Price Bid Value Bid Summary UNIT I: WATER IMPROVEMENTS $419,250.00 UNIT II: SANITARY SEWER IMPROVEMENTS $472,641.50 UNIT III: DRAINAGE IMPROVEMENTS $111,932.00 UNIT IV: PAVING IMPROVEMENTS $859,895.90 UNIT V: STREET LIGHTING IMPROVEMENTS N/A UNIT VI: TRAFFIC SIGNAL IMPROVEMENTS N/A This Bid is submitted by the entity named below: BIDDER: Conatser Construction TX, LP 5327 Wichita St Fort Worth, TX 76119 Contractor agrees to complete WORK for FINAL ACCEPTANCE within CONTRACT commences to run as provided in the General Conditions. Total Construction Bid 1 $1,863,719.40 BY: Brock Huggins TITLE: President DATE: END OF SECTION 125 working days after the date when the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Fom Venion Mai, 22. 2019 Shale Creek Phase 313 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID 00 42 43 DAP - BID PROPOSAL Page 2 d3 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 V: STREET LIGHTING IMPROVEMENTS 1 2 3 4 5 6 2605.3015 2" CONDT PVC SCH 80 (T) 3441.1638 Install Type 33B Arm 3441.1701 TY 1 Signal Foundation 3441.3341 Rdwy Ilium TY 11 Pole 9999.0016 Type R2 Luminaire 9999.0017 Type R4 Luminaire 26 05 33 3441 20 3441 10 3441 20 00 00 00 LF EA _ 881 17 $1_5.00 $500.00 $13,215.00 __ $8,500.00 _ $20,400.00 _ $51,000.00 $11,250.00 $1,900.00 -- - EA EA 17 17 $1,200.00 $3,000.00 $750.00 $950.00 — EA EA — _ 15 2 00 00 00 7 8 - 10 12 13 14 15 _ _ 16 17 18 19 20 _ 21 - 22 - - -- -- - — - - - - - - _ 23 24 — - 25 — 2 727 28 - 29 30 - - - - 31 32 33 34 _ 35 36 37 38 — _ - - — _ — - — 39 40 41 42 44 45 TOTAL UNIT V: STREET LIGHTING IMPROVEMENTS $106,265.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version Ma}, 22. 2019 Shale Creek Phase 3B SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID 00 42 43 DAP - Bm PROPOSAL Page 3 of 3 Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification Unit of Bid Description Unit Price Bid Value No. Section No. Measure QuantiTy Bid Summary UNIT I: WATER IMPROVEMENTS UNIT II: SEWER IMPROVEMENTS UNIT III: DRAINAGE IMPROVEMENTS UNIT IV: PAVING IMPROVEMENTS UNIT V: STREET LIGHTING IMPROVEMENTS UNIT VI: TRAFFIC SIGNAL IMPROVEMENTS This Bid is submitted by the entity named below: BIDDER: Conatser Construction TX, LP 5327 Wichita St Fort Worth, TX 76119 Contractor agrees to complete WORK for FINAL ACCEPTANCE within CONTRACT commences to run as provided in the General Conditions. Total Construction Bid BY: Brock Huggins TITLE: President DATE: END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May- 22.2019 $106,265.00 20 working days after the date when the Shale Creek Phase 3B