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HomeMy WebLinkAboutContract 59229Received Date: Apr 13, 2023 Received Time: 9:58 a.m. Developer and Project Information Cover Sheet: Developer Company Name: D.R. HORTON - TEXAS, LTD Address, State, Zip Code: 6751 North Freeway Fort Worth, Texas 76131 Phone & Email: 817-230-0800 1 JBosworth@drhorton.com Authorized Signatory, Title: Justin Bosworth, Assistant Secretary Project Name: Cedarbrook Beltmill Phase 2 Brief Description: Water, Sewer, Paving, Storm Drain, Street Lights & Signs Project Location: North of East Bailey Boswell Road and West of Wagley Robertson Road Plat Case Number: Plat Name: Mapsco: 33G,L&M Council District: 7 CFA Number: 23-0006 City Project Number: 1043811 IPRC22-0184 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Page 1 of 18 Standard Community Facilities Agreement Rev. 9/21 City Contract Number: 59229 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 D.R. HORTON - TEXAS, 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 Cedarbrook Beltmill Phase 2 ("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 OFFICIAL RECORD City of Fort Worth, Texas Page 2 of 18 CITY SECRETARY Standard Community Facilities Agreement FT. WORTH, TX Rev. 9/21 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. 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 © Exhibit A-1: Sewer ® Exhibit B: Paving © Exhibit 13-1: 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 City of Fort Worth, Texas Page 3 of 18 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 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. City of Fort Worth, Texas Page 4 of 18 Standard Community Facilities Agreement Rev. 9/21 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 CIA 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 City of Fort Worth, Texas Page 5 of 18 Standard Community Facilities Agreement Rev. 9/21 costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with any of the Improvements to be constructed pursuant to this Agreement. 11. Easements and Rights -of -Way Developer agrees to provide, at its expense, all necessary rights -of -way and easements required for the construction and dedication to the City of the Improvements provided for by this Agreement. 12. Liability and Indemnification (a) DEVELOPER HEREBY RELEASES AND AGREES TO INDEMNIFY, DEFEND AND HOLD THE CITY HARMLESS FOR ANY INADEQUACIES IN THE PRELIMINARY PLANS, SPECIFICATIONS, ENGINEERING PLANS, AND COST ESTIMATES SUPPLIED BY THE DEVELOPER FOR THIS AGREEMENT. (b) THE DEVELOPER COVENANTS AND AGREES TO, AND BY THESE PRESENTS DOES HEREBY FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM ALL SUITS, ACTIONS OR CLAIMS OF ANY CHARACTER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ONACCOUNT OFANYINJURIES OR DAMAGES SUSTAINED BYANYPERSONS, INCLUDINGDEATH, OR TO ANY PROPERTY, RESULTING FROM OR IN CONNECTION WITH THE CONSTRUCTION, DESIGN, PERFORMANCE OR COMPLETION OF ANY WORK TO BE PERFORMED BY SAID DEVELOPER, ITS CONTRACTORS, SUBCONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, OR IN CONSEQUENCE OF ANY FAILURE TO 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. City of Fort Worth, Texas Page 6 of 18 Standard Community Facilities Agreement Rev. 9/21 13. Right to Enforce Contracts Upon completion of all work associated with the construction of the Improvements, Developer will assign to the City a non-exclusive right to enforce the contracts entered into by Developer with its contractors, along with an assignment of all warranties given by the contractors, whether express or implied. Further, Developer agrees that all contracts with any contractor shall include provisions granting to the City the right to enforce such contracts as an express intended third party beneficiary of such contracts. 14. Estimated Fees Paid by Developer; Reconciliation Prior to execution of this Agreement, Developer has paid to the City the estimated cost of administrative material testing service fees, construction inspection service fees, and water testing lab fees in the amounts set forth in the Cost Summary section of this Agreement. Upon completion of the construction of the Improvements, the City will reconcile the actual cost of administrative material testing service fees, construction inspection service fees, and water testing lab fees with the estimated fees paid by Developer. If the actual costs of the fees are more than the estimated payments made by the Developer, the Developer must pay the difference to the City before the Improvements will be accepted by the City. If the actual costs of the fees are less than the estimated payments made by the Developer, the City will refund the difference to the Developer. If the difference between the actual costs and the estimated payments made by the Developer is less than fifty dollars ($50.00), the City will not issue a refund and the Developer will not be responsible for paying the difference. The financial guarantee will not be released by the City or returned to the Developer until reconciliation has been completed by the City and any fees owed to the City have been paid by the Developer. 15. Material Testing The City maintains a list of pre -approved material testing laboratories. The Developer must contract with material testing laboratories on the City's list. Material testing laboratories will provide copies of all test results directly to the City and the Developer. If the Improvements being constructed fail a test, the Developer must correct or replace the Improvements until the Improvements pass all retests. The Developer must pay the material testing laboratories directly for all material testing and retesting. The City will obtain proof from the material testing laboratories that the material testing laboratories have been paid in full by the Developer before the City will accept the Improvements. 16. Notices All notices required or permitted under this Agreement may be given to a party by hand - delivery or by mail, addressed to such party at the address stated below. Any notice so given shall be deemed to have been received when deposited in the United States mail so addressed with postage prepaid: CITY: Development Coordination Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 DEVELOPER: D.R. HORTON - TEXAS, LTD 6751 North Freeway Fort Worth, Texas 76131 Page 7 of 18 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 City of Fort Worth, Texas Page 8 of 18 Standard Community Facilities Agreement Rev. 9/21 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 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 of Fort Worth, Texas Page 9 of 18 Standard Community Facilities Agreement Rev. 9/21 City and Developer, and if they so choose, their attorneys, have had the opportunity to review and comment on this document; therefore any rule of contract construction or interpretation that would normally call for the document to be interpreted as against the drafting party shall not apply in interpretation of this Agreement, and each section, portion, and provision of this Agreement shall be construed solely on the basis of the language contained therein, regardless of who authored such language. 25. Prohibition on Boycotting Israel Developer acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company with 10 or more full-time employees that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" 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 18 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 18 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. [REMAINDER OF PAGE INTENTIONALLY BLANK] City of Fort Worth, Texas Page 12 of 18 Standard Community Facilities Agreement Rev. 9/21 36. Cost Summary Sheet Project Name: Cedarbrook Beltmill Phase 2 CFA No.: 23-0006 City Project No.: 104381 1PRC No.: 22-0184 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 $ 1,385,400.55 $ 1,177,856.00 $ 2,563,256.55 $ 2,806,300.45 $ 1,817,905.00 $ 238,436.40 $ 4,862,641.85 $ 7,425,898.40 $83,000.00 $24,010.00 $1, 740.00 $ 108,750.00 Choice Amount (Mark one) Bond = 100% $ 7,425,898.40 X Completion Agreement = 100% / Holds Plat $ 7,425,898.40 Cash Escrow Water/Sanitary Sewer= 125% $ 3,204,070.69 Cash Escrow Paving/Storm Drain = 125% $ 6,078,302.31 Letter of Credit = 125% $ 9,282,373.00 Escrow Pledge Agreement = 125% $ 9,282,373.00 City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 Page 13 of 18 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 TWIa &YAG &29 Dana Burghdoff(Ap 13, 20230 :22 CDT) Dana Burghdoff Assistant City Manager Date: Apr 13, 2023 Recommended by: 06M Dwayne Hollars (Apr 12, 202312:59 CDT) Dwayne Hollars Contract Compliance Specialist Development Services Approved as to Form & Legality: 4r2,__— Richard A. McCracken (Apr 12, 202313:48 CDT) Richard A. McCracken Sr. Assistant City Attorney DEVELOPER D.R. HORTON - TEXAS, LTD., a Texas limited partnership By: D.R. Horton, Inc., a Delaware Corporation, its Authorized Agent Justin Bosworth Assistant Secretary Date: Apr 12, 2023 M&C No. N/A Contract Compliance Manager: Date: Apr 12, 2023 By signing, I acknowledge that I am the person Form 1295: N/A responsible for the monitoring and administration of this contract, including ATTEST: 4,�6p4p4b F F°°R'o�do ensuring all performance and reporting �a Ov8 °=0 requirements. tLbnEXA.00 Jannette S. Goodall Rebecca Diane Owen (Apr 12, 202313:17 CDT) City Secretary Rebecca Diane Owen Development Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Page 14 of 18 Standard Community Facilities Agreement Rev. 9/21 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 15 of 18 Standard Community Facilities Agreement Rev. 9/21 ATTACHMENT "I" Changes to Standard Community Facilities Agreement City Project No. 104381 None City of Fort Worth, Texas Page 16 of 18 Standard Community Facilities Agreement Rev. 9/21 ATTACHMENT "2" Phased CFA Provision City Project No. 104381 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 (Beltmill Phase 1, City Project No. 103406) 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 17 of 18 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 NOT LIMITED TO ANYAND ALL 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 (INCLUDING ANYAND ALL ECONOMIC DAMAGES, PROPERTYLOSS, PROPERTYDAMAGES 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 IN PART 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: Name: Justin Bosworth Title: Assistant Secretary City of Fort Worth, Texas Page 18 of 18 Standard Community Facilities Agreement Rev. 9/21 z BUS 0Lu 287 Qw0 �m O PROJECT LOCATION RUNNING WATER TRAIL W BAILEY OSWELL RD 0 ry Q U �y O m w / WJ BOAZ MAPSCO NO. 33G, 33L & 33M COUNCIL DISTRICT NO. 7 IPRC22-0184 CPN 104381 OWNER: '"' PELOTON LOCATION MAP I I LAND SOLUTIONS D.R. HORTON NORTH 6751 NORTH FREEWAY BELTM I LL PHASE 2 FORT WORTH, TX 76131 9800 HILLWOOD PARKWAY SUITE 250 NOT TO SCALE DATE: JANUARY 2023 PHONE #: 817.230.0805 FORT WORTH, TX 76177 PHONE: 817-562-3350 CONNECT TO EXISTING 36" RCCP WL DOE NO. 2762 EXISTING 36" WATER LINE 335 1&PROPOSED PHASE 2 60 ;0 4 69 68 5 6 34 12" WATER LINE 1 62 3233 31 �z9 0 8 910" 21 "' _' 5 °3�19—_6' 1 63 ' 9 it '8� T ' 6 8 6 18 Y " 5 ° 1 0 9 1415 16 1T 31 -- 1 18 1 a8 3 2 /� 1213 10 11 32 2 17 2 47 3433 FUTURE 39 38 3T 36 35 3a 33 3 16 3 a6 / BELTMILL 07 6 '\ PHASE4 3 ,a ° a °\7 °" r4 °3 PROPOSED PHASE 2 12" WATER LINE \B�91N-1 I I__I _.I__L_� 1 8 5 as 12 11 a a423 11i 41 PROPOSED PHASEI2 12" WATER E E Pe / g G � 35 33 34 — EXISTING 48" WATER LINE 39 I 28 38 1 29 m ©Q 12 BELTMILL PHASE 36 13 -'0 ,� 1 30 31 13 14 := 1 :O-1 1 14 I 15 <m yI 'mJ 1 32 33 15 16 { 6 m D, I 18 o� 19 N .m 'A I O 'm� CEDARBROOK 8 19 Z DRIVE 37 z 1 22 m 25 23 24 6 2 38 39 — 40 2 3 r O 1 14 3 11 �- C ^_ 1 2 1 m�i11� 12 DR HOOON-TEXAS LTD. / \ FSq ` ➢ 11 cs �\ 2 3 7 �21 2 ,G? 3 20 \ GO 1n1� 19 2 �E p 2ST 3 a`5 4 8 9 /\� 1 2 5 OP�O 4 6 C I lv� _ 1 3� i 2019 ��•9Y 18 PROPOSED PHASE 2 �28 / 12" WATER LINEPROPOSED 1 PROPOSED PHASE 1 BELTMILL 12" WATER LINE PROPOSED PHASE 1 a 9 CONNECT TO PROPOSED PHASE 1 / _ 12" WATER LINE qs CPN 103406 , 91 LEGEND PROPOSED PHASE 2 WATER LINE EXW PROPOSED PHASE 1 WATER LINE PROPOSED PHASE 2 GATE VALVE EX �1 PROPOSED PHASE 1 GATE VALVE PROPOSED PHASE 2 FIRE HYDRANT EX PROPOSED PHASE 1 FIRE HYDRANT NOTE: ALL PROPOSED WATER LINES IPRC22-0184 EXHIBIT A - WATER ARE 8" UNLESS OTHERWISE NOTED. CPN 104381 WATER ow ER: 'II,:: ll PELOTON NORTH 600' IMPROVEMENTS D.R. HORTON _W111 1— SOLUTIONS 6751 NORTH FREEWAY 9800 HILLW PARKWAY BELTMILL PHASE 2 FORT W TH, TX 76131 SUITE 250 PHONE #: 8172300805 FORT W TX 76177 �� �rF .. RAPHI(Al DATE: JANUARY2023 PHONE:817-17-562-3350 38 1 41 4] 48 49 3] 02 ad 4 36 � 5 � 1]I 32 131415 16 Z6 3031 s 8 8 9101112 4 ' 6 ] 7 6 _- 2] �' 2 3 4 5 y 33 2 \ FUTURE 1 34 8 9 BELTMILL '6 1 16 \ \ 37 11112A ] PHASE4 e 4 5 U 4 62\� \ 2 ._ 4 4 /\ \]\ \9Y �®©m LEGEND 2] I 63 68 I I 6 28 64 6] ] 8 9 10 11 12I I13 �V�47.11. 30 -- - LL' 311181 48 13z 2 1] 2 4] 2 33 3 16 I 3 46 I I 3 46 21 4 15 4 45 4 45 22 5 14 5 44 5 44 I 23 ] 18 6 13 6 43 6 43 24 1 7 12 ] 4z 7 42 I 2a 8 11 8 41 8 41 26 9 10 9 41 9 40 2] 10 ao ,n 39 I 28 1 11 FUTURE 38 4 3 2 1 BELTMILL 12 PHASE 3 `n 30 m 13 13 .0 , 31 _ 1 14 Jti= I I 14 1m9 1 15 '01 1 15 :m� 1 33 3q 1] 'p 18 D� I 18 ;N. �D.ARBROOK RIVE m�2pz'PROPOSED PHASE 2 i 22 `m PARALLEL 8" WASTEWATER LINE 3 DO 13 15 16 17 c 2 Z �I 12 0,��� DR HORON-TEXAS LTD. /—F �- - 1v z , \ \ \ 2s a 10 ) 8 5 9 9 ] 0 6 s ,z 13 T 14 15 / WAWA CONNECT TO PROPOSED PHASE 1 CPN 103406 / / /. CONNECT TO PROPOSED PHASE 1 CPN 103406 z VA, �'4 PROPOSED PHASE 2 10" WASTEWATER LINE PROPOSED PHASE 2 SANITARY SEWER LINE - EX SS PROPOSED PHASE 1 SANITARY SEWER LINE NOTES: 1. ALL PROPOSED SANITARY SEWER LINES ARE 8" UNLESS OTHERWISE NOTED. 2. ALL SANITARY SEWER MANHOLES ARE 4' DIA UNLESS OTHERWISE NOTED. ICPN22-0184 EXHIBIT Al -SEWER 104381 SEWER OWNER: ' "' PELOTON -WillLAND 0 NORTH 600' IMPROVEMENTS D.R. HORTON SU1U11— BELTMILL PHASE 2 6751 NORTH FREEWAY FORT WORTH, TX 76131 9800 HILLWOOD PARKWAY SUITE 250 GRAPHIC SCALE DATE: JANUARY 2023 PHONE #: 817.230.0805 FORT WORTH, TX 76177 PHONE: 817-562-3350 24 60 ]1 3 I6 1] 18 19 � 22 2a 61 ]0 4 I 21 26 62 69 5 , 20 20 27 63 68 6 3 19 29 8 9 10 11 12 131415 16 17 18 141516 17 18 1213 31 1 18 1 48 1•�• 48 19 32 2 17 2 4 22 47 20 1 41 40 39 38 37 36 35 34 33 3 16 3 FUTURE 3 46 21 4 15 4 BELTMILL 4 65 22 5 14 5 PHASE 3 5 44 23 1 12 18 14 15 16 1] 18 6 13 6 43 6 43 24 9 10 ] 12 ] 42 ] 42 25 8 11 8 41 8 41 26 2] 26 25 24 23 22 21 20 19 9 10 9 00 9 40 27 328 10 - 10 39 28 38 11 38 29 56 57 58 59 60 61 12 3, 12 0 3o SANDPOINT DRIVE m ,3 36 13 31 _1 14 '- 14 .m 32 — .. 15 '.O 15 .m 33 — 16 :- 16 V) _ /, ............. 17 ] .A 18 'm CEDARBROOK 20 20 0 D NE 4 5 Z 21 .G 3' PROPOSED 2 11 m .m 38 BELTMILL 12 22 PHASE 1 13 23 28 39 — 24 25 24 25 40 v 14 3 1]1� ., 2 ��Q 35 36 3' 3 r r 13 15 i6 O 1: :) m 2 Z� ,2 OAA DR HOVON-TEXAS LTD. \C\ 32 , / \ t` 5 23 3 D 11 SA 8 1: :) ` 5 24 30 10 ��ti 6 \ 0 :L Z 25 29 O'S 1 \ zs' °Q` 2 3 ' 6 CAPTREE ! O 6 ° 7m1 6 2 1 oT,o LANE 1 � 2 3 0„ i t (n 7 O 13 8 O a 77: a ,0 6 .�° D12 810 5 6' 6 9 °,� 3 4 5 OP 1 2 1 °'�2i .3 :1 9 11 °C\ ,('. 'O eF�T 21 3 'Pi C� f S \ 1 13 \F'�O�\ 'Ti(.., 'ifj�! 20 19 4 5 (<` L� PROPOSED •"G P BE 1 o 18 6 PHASE, I � �\ 295 91 14 o s 1� 11 0 MOUNT VISTA 12 0 600' _ _ GRAPHIC SCALE u LEGEND 0 200' 29' B-B / 50' ROW (TYP) GRAPHIC SCALE ®37' B-B / 60' ROW (BELTMILL PARKWAY) 34' B-B / VARIABLE ROW (WAGLEY ROBERTSON ROAD) SIDEWALK BY DEVELOPER ---- SIDEWALK BY HOMEBUILDER O H.C. RAMPS BY DEVELOPER EXHIBIT B - PAVING ICPN22-0184 104381 ll�TPAVING ow ER: ' P E LOTO N �_:: NORTH IMPROVEMENTS D.R. HORTON i LAND SOLUTIONS 6751 NORTH FREEWAY 9800 HILLW PARKWAY BELTMILL PHASE 2 FORT TH,TX76131 SUITE250 PHONE #: 8172300805 FORT W TX 76177 .. DATE: JANUARY 2023 PHONE: 817-17-562-3350 L — 5'X5' DROP INLET 1 4 1 36" RCP 5 ' rjL 21" RCP FUTURE BELTMILL PHASE 3 4 I 1 RCP 4'X4' DROP INLET 21" RCP 36 36 1 35 4' as 16 1 1 17 21 1 JB 33 1 1 32 3 4'X4' JB CE-R-DRIVE 36" RCP 8 10' INL '> I 10INL 31 21" RCP _ 4'X4' JB 10' INL 1 a 19 21" RCP ; 19 10' INL 24" RCP 36" RCP 10' INL 1 29 24" RCP ° 10' INL 21"RCP 10 21"IRCP i Ri 10' INL 21" RCP 36" RCP 11 24" RCP I 21" RCP z 1 42" RCP 10' INL 12 J 21" RCP 10'INL 27 21" RCP SI V 10' INL 27 21"RCP 26 10' INL 5'X5' JB 48" RCP / 10 INL 1 21" RCP 13 10 INL 21" RCP L 21"RCP zs 48" SLOPING HDWL 42" SLOPING 14 30" RCP IN°gLL21±RKl NE 24" SLOPING HDWL, \ 4\2" RCP - RCP HDWL 18 ��42" a T s 10' INL 21" RCP 1a Y ' s0 5'XS' JB 37 I 42" RCP 5 IX6' JB 6 1 I 10' INL 21" RCP 17 10' INL T ` �C 21" RCP _ \ z1 ,r� / , 42" RCP o�y 10' INL 31 a. 21" RCP 48" RCP 4'X4' JB 7 i 30" RCP 8 36" RCP y 11 24"SLOPING22 DR HORTON-TEXAS LTD. HDWL ��s%N� 24" RCP 30 a \ J 10` 29 / 54" RCP 11 2-7'x5' FW-0 2-6'x5' RCB 25 54" RCP TXDOT HEADWALL — zs 10' INL \ 10' INL \ 27 21"RCP J 21"RCP 25'x8' RISER BOX / 21 2-8'x5' RCB 4'X4' JB 21" SLOPING 10' INL 2-7'x5' FW-0 HDWL \ 36" SLOPING 21" RCP ALL 10' INL 2-EAD FW TXDOT HEADW / � � — HDWL TXDOT HADW 21 SLOPING SLOPING 21" RCP . 0 24" RCP HDWL 10' INL \ 4'X4' JB 10' INL \ 21" RCP \ . to 36" RCP n 5 10' INL" 36" RCP 4'X4' JB 10 6 ' 21" RCP 1 ` \ v` 36" SLOPING a \ 2 \ /� HDWL \1 \ 3 30" RCP 36" cP / �91°�,' \ " RCP 7 10' INL 10 C R " `\ 6 21" RCP 4'X4' JB� b\ k K 24- RCP f\ �k 24" RCP 21 10' INL 10' INL 4 10 21" RCP 20 21" RCP 2 11 4'X4' JB 19 21" RCP 22 3 12 21" RCP 18 23 4'X4' JB , 4 13 � 17 z4�oF� 10'INL 19 21 ORCP 30" RCP<, 21" RCP 26 sa 10' INL T�9 21" RCP 28 10' INL 30" SLOPING 21" RCP 10' INL HDWL 21" RCP \ LEGEND r PROPOSED PHASE 2 STORM DRAIN INLET -------1p---- PROPOSED PHASE 1 STORM DRAIN INLET PROPOSED PHASE 2 STORM DRAIN MANHOLE -C PROPOSED PHASE 2 STORM DRAIN HEADWALL 1/\ I ICPN22-0184 EXHIBIT B1 — STORM DRAIN — SHEET 1 OF 2 104381 STORM DRAIN OWNER: I PELOTON o NORTH 300' IMPROVEMENTS D.R. HORTON -Will LAND SPARK BELTMILL PHASE 2 6751 NORTH FREEWAY FORT WORTH, TX76131 A 9800 HILLWOOD PARKWAY SUITE250 GRAPHIC SCALE DATE: JANUARY2023 .. PHONE #: 8172300805 FORT WORTH, TX 76177 PHONE:817-562-3350 I 10' INL• 21" RCP 10' INL 21" RCP III \51 52 53 54 55 56 57 58 59 60 61 10' INL I .0 21' RCP / 1 2 3 4 5� 2 6 I I II I 10' INL 121" RCP 4 14 131 3 12 8 I — i 11 10 9 w� 6 co CAP" 0 2 8 3 4 I 5 6 7 8 9;� ° IN L �21" RCP I A^ g 17 24" RCP AUNT VI$Tq 6 15 11 1- LANE 14 13 12 11 10 1= 10' INL �--� 21"RCP 10' INL ---1 21" RCP IJ II Li I LEGEND -10' INL 4'X4' JB 30" RCP 30" RCP 30" RCP 10' INL 4'X4' JB 21" RCP -10' INL 21" RCP 24" RCP 24" RCP 10' INL 21" RCP 21" RCP 4'X4' JB 7— PROPOSED PHASE 2 STORM DRAIN INLET -------1p---- PROPOSED PHASE 1 STORM DRAIN INLET PROPOSED PHASE 2 STORM DRAIN MANHOLE —� PROPOSED PHASE 2 STORM DRAIN HEADWALL ICPN22-0184 EXHIBIT B1 - STORM DRAIN - SHEET 2 OF 2 104381 STORM DRAIN OWNER: '"' PELOTON 0 NORTH 200' IMPROVEMENTS D.R. HORTON i LAND SOLUTIONS BELTMILL PHASE 2 6751 NORTH FREEWAY FORT WORTH, TX76131 9800 HILLWOOD PARKWAY E 250 SUITH,T GRAPHIC SCALE DATE: JANUARY 2023 PHONE #: 817.230.0805 6177 FORT WORTH, 62 7350 PHONE: 817-562-3350 3 '» 1 18 1 1 48 1 48 ' 19 rPry^^' 32 2 17 2 47 2 47 1 20 0 89 38 37 36 35 34 33 3 16 I 3 46 I I 3 46 21 - 5 14 5 44 5 44 I 23 11 12 13 14 15 16 17 18 6 13 6 43 6 43 24 10 I ] 12 ] 42 ] 42 I 25 8 24 23 22 21 20 19 8 41 I 1 8 41 26 2]N'25 9--10 9 FUTURE 9 40 26 B 10 39 20 PELTMILL HASE 3 - 1 1 1.. 1 11 38 29 1 4 3 2 1 12 3] 12 .0 30 fn 13 36 13 .� 4 31 14 = I I 14 m 32 15 '�O-1 1 15 ;m� 33 r 16 16 'r .� 34 17 1] .A 18 �^ 1 18 GZi CEDAR OK DRIVE Z3] 11 I Lm m a8 12 I 22 � 39 13 23 26 24 25 40 4 2 17 4 \ 26 \ \ ]\\/F a 2 eL 4 a 10�\ s 8 '5 9 p 8 970 8 ] 1415 / I I — I 56 T5758 59 I 60 61 _ SANDPOINT DRIVE 12 y COT' DR HORtON-TEXAS LTD. / �F 4 5 6 7 0 CAPTRE ERNE �.28 3 14 7 9 29 9 i] 15 � i6, PROPOSED, BELTMILL PHASE 1 '1 1 / MOUNT VIST, LANE Ile - A _ 0 600' GRAPHIC SCALE LEGEND • PROPOSED PHASE 2 STREET LIGHT O PROPOSED PHASE 1 STREET LIGHT - PROPOSED PHASE 2 STREET NAME SIGNS 0 PROPOSED PHASE 1 STREET NAME SIGNS II I! 1 ROPOSED BELTMILL _ PHASE i is A c: I 5 z 10 6 A o 7 8 m 1' :± 10 r :1 l� ± 1 77= Li I I 0 200' GRAPHIC SCALE IPRC22-0184 EXHIBIT C - STREET NAME SIGNS & STREET LIGHTS CPN 104381 ll�TSTREET NAME SIGNS & OW ER: 1011 PELOTON STREET LIGHTS i I LAND SOLUTIONS NORTH "IMPROVEMENTS D.R. HORTON 9800HILLW PARKWAY BELTMILL PHASE 2 6751NORTH FREEWAY FORT TH,TX76131 SUITE250 DATE: JANUARY 2023 PHONE #: 817.230.0805 FORT W 7 6177 PHONE: 817-17-56262-3350350 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID 00 42 43 DAP - BID PROPOSAL Page 1 of 4 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 3311.0241 8" Water Pipe 3311.0441 12" Water Pipe _ 3312.3003 8" Gate Valve 3312.3005 12" Gate Valve 33 11 12 3311 10,33 LF 5328 $53.00 $282,384.00 2 LF 3431 $98.00 $336,238.00 3 33 12 20 EA 18 $2,408.00 $43,344.00 4 33 12 20 EA 8 $4,779.00 $38,232.00 5 9999.0001 CSS Encasement for Utility Pipes 00 00 00 LF 320 $72.00 $23,040.00 6 0241.1118 4"-12" Pressure Plug 0241 14 1 EA 9 $1,437.00 $12,933.00 7 3312.2003 1" Water Service 33 12 10 EA 186 $1,958.00 $364,188.00 8 3312.2103 1 1/2" Water Service 33 12 10 EA 12 $2,560.00 $30,720.00 9 3311.0001 Ductile Iron Water Fittings w/ Restraint 3311 11 TON 8.759 $10,089.00 $88,369.55 10 3312.0001 Fire Hydrant 331240 EA 13 $7,860.00 $1,418.00 $27.00 $102,180.00 $5,672.00 $2,025.00 11 9999.0002 Remove Fire Hydrant Assembly 00 00 00 EA 4 12 0241.1015 Remove 12" Water Line 0241 14 1 LF 75 13 0241.1303 Remove 8" Water Valve 0241 14 EA 3 $27.00 $81.00 14 0241.1305 Remove 12" Water Valve 0241 14 EA 1 $350.00 $350.00 15 3312.0117 Connection to Existing 4"-12" Water Main 33 12 25 EA 4 $2,897.00 $11,588.00 16 3312.011 Connection to Existing 36" Water Main 33 12 25 EA 1 $15,359.00 $15,359.00 17 9999.0003 12" and Smaller Ring Connection 00 00 00 EA 1 $19,938.00 $19,938.00 18 3305.0109 Trench Safety 33 05 10 LF 8759 $1.00 $8,759.00 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 TOTAL UNIT I: WATER IMPROVEMENTS1 $1,385,400.55 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 42 43 Bid Fonn.xls SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID 00 42 43 DAP - BID PROPOSAL Page 2 of 4 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 II: SANITARY SEWER IMPROVEMENTS 1 3331.4115 8" Sewer Pipe 3331.4201 10" Sewer Pipe _ 3339.1001 4' Manhole _ 3339.1002 4' Drop Manhole 3331 20 3311 10,33 LF LF 7175 $63.00 $452,025.00 2 363 $105.00 $38,115.00 3 33 39 20 EA 46 $3,742.00 $172,132.00 4 33 39 10, 33 EA 2 $4,729.00 $9,458.00 5 _ 3339.1003 4' Extra Depth Manhole 33 39 10, 33 VF 226 $215.00 $48,590.00 6 3339.0001 Epoxy Manhole Liner 33 39 60 VF 76 $605.00 $45,980.00 7 9999.0004 CSS Encasement for Utility Pipes 00 00 00 LF 660 $72.00 $47,520.00 8 3331.3101 4" Sewer Service 3331 50 EA 158 $2,051.00 $324,058.00 9 9999.0005 Connect to Existing Sanitary Sewer 00 00 00 EA 4 $2,757.00 $11,028.00 10 3305.0109 Trench Safety 33 05 10 LF 7538 $1.00 $7,538.00 11 3301.0002 Post -CCTV Inspection 3301 31 LF 15076 $1.00 $15,076.00 12 3301.0101 Manhole Vacuum Testing 3301 30 EA 48 $132.00 $6,336.00 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 TOTAL UNIT II: SANITARY SEWER IMPROVEMENTS $1,177,856.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 42 43 Bid Fonn.xls SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID 00 42 43 DAP - BID PROPOSAL Page 3 of 4 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: STORM DRAIN IMPROVEMENTS 1 3341.0201 21" RCP, Class III 3341.0202 21" RCP, Class IV _ 3341.0205 24" RCP, Class III _ 3341.0206 24" RCP, Class IV _ 3341.0302 30" RCP, Class III 3341 10 3441 10 LF LF 1215 302 $77.00 $93,555.00 2 $83.00 $25,066.00 3 3341 10 LF 1072 $92.00 $98,624.00 4 3341 10 LF 560 $101.00 $56,560.00 5 3341 10 LF 474 $116.00 $54,984.00 6 3341.0303 30" RCP, Class IV 3341 10 LF 368 $127.00 $46,736.00 7 3341.0309 36" RCP, Class III 3341 10 LF 1031 $148.00 $152,588.00 8 3341.0402 42" RCP, Class III 3341 10 LF 324 $191.00 $61,884.00 9 3341.0409 48" RCP, Class III 3341 10 LF 154 $228.00 $35,112.00 10 3341.0502 54" RCP, Class III 3341 10 LF 393 $298.00 $117,114.00 11 0241.3103 21" Storm Abandonment Plug 0241 14 EA 1 $1,500.00 $1,500.00 12 3341.1304 6x5 Box Culvert 3341 10 LF 248 $466.00 $115,568.00 13 3341.1403 7x5 Box Culvert 3341 10 LF 132 $566.00 $74,712.00 14 9999.0016 24" Sloping Headwall 00 00 00 EA 2 $2,926.00 $5,852.00 15 9999.0017 30" Sloping Headwall 00 00 00 EA 1 $3,751.00 $3,751.00 16 9999.0018 36" Sloping Headwall 00 00 00 EA 2 $5,964.00 $11,928.00 17 9999.0019 42" Sloping Headwall 00 00 00 EA 1 $6,450.00 $6,450.00 18 9999.002 48" Sloping Headwall 00 00 00 EA 1 $6,844.00 $6,844.00 19 9999.0021 TxDOT Winged Headwall FW-S 15' Scew 00 00 00 EA 1 $25,544.00 $25,544.00 20 9999.0022 TxDOT Winged Headwall for (2) 7'x5' Box 00 00 00 EA 1 $33,319.00 $33,319.00 21 9999.0023 TxDOT Winged Headwall for (2) 7'x5' Box, 00 00 00 EA 1 $34,069.00 $34,069.00 22 9999.0024 25'x8' Concrete Riser Box Structure 00 00 00 EA 1 $63,219.00 $63,219.00 23 3349.5001 10' Curb Inlet 33 49 20 EA 39 $7,083.00 $276,237.00 24 3349.6001 10' Recessed Inlet 33 49 20 EA 9 $8,138.00 $73,242.00 25 3349.7001 4' Drop Inlet 33 49 20 EA 1 $5,938.00 $5,938.00 26 3349.7002 5' Drop Inlet 33 49 20 EA 1 $8,138.00 $8,138.00 27 3349.0001 4' Storm Junction Box 33 49 10 EA 15 $5,223.00 $78,345.00 28 3349.0002 5' Storm Junction Box 33 49 10 EA 2 $6,103.00 $12,206.00 29 3349.0003 6' Storm Junction Box 33 49 10 EA 1 $9,801.00 $9,801.00 30 3349.0106 Manhole Steps 33 49 10 EA 29 $55.00 $1,595.00 31 9999.0025 Remove 24" Sloping Headwall 00 00 00 EA 7 $600.00 $4,200.00 32 9999.0026 Remove 24" RCP, Class III 00 00 00 LF 80 $25.00 $2,000.00 33 9999.0027 Remove 30" RCP, Class 111 00 00 00 LF 140 $25.00 $3,500.00 34 9999.0028 Connect to Existing 00 00 00 EA 1 $3,819.00 $3,819.00 35 3137.0102 Large Stone Riprap, dry 31 3700 SY 1440 $138.00 $198,720.00 36 3305.0109 Trench Safety 33 05 10 LF 6274 $1.00 $6,274.00 37 9999.0029 Filter Diaphram 00 00 00 LS 1 $8,911.00 $8,911.00 38 39 40 41 42 43 44 45 TOTAL UNIT III: STORM DRAIN IMPROVEMENTS $1,817,905.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 42 43 Bid Fonn.xls SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID 00 42 43 DAP-BIDPROPOSAL Page 4 of 4 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 $1,385,400.55 UNIT II: SANITARY SEWER IMPROVEMENTS $1,177,856.00 UNIT III: STORM DRAIN IMPROVEMENTS $1,817,905.00 Total Construction Bid $4,381,161.55 This Bid is submitted by the entity named below: BIDDER: BY: Eric Da% Wright Construction Company, Inc 601 W Wall St Eric Day o Eooa033zgmm Grapevine, TX 76051 TITLE: VP of Project Management 817-481-2594 DATE: 3/20/2023 Contractor agrees to complete WORK for FINAL ACCEPTANCE within 197 working days after the date when the CONTRACT commences to run as provided in the General Conditions. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 42 43_ Bid Fonn.xts 00 42 43-SpecBook Proposal Form DAP - BID PROPOSAL Page 1 of 2 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM JOH11 T:1L«7 =9=31 �7 Bidder's Application Project Item Information Bidder's Proposal Bidlist Item No. Description I Specification I Section No. I Unit of Measure Bid Quantity Unit Price Bid Value UNIT IV: PAVING IMPROVEMENTS 1 3213.0101 6" Cone Pvmt 32 13 13 SY 21152 $52.90 $1,118,940.80 2 9999.0006 7.5" Cone Pvmt 00 00 00 SY 8613 $56.85 $489,649.05 3 3213.0105 10" Cone Pvmt 32 13 13 SY 4234 $84.95 $359,678.30 4 3213.0301 4" Cone Sidewalk 32 13 20 SF 9290 $7.75 $71,997.50 5 9999.0007 4" Conc. Sidewalk (6' Wide) 00 00 00 SF 6586 $7.75 $51,041.50 6 9999.0008 4" Conc. Sidewalk (10' Wide) 00 00 00 SF 18928 $7.75 $146,692.00 7 3211.0501 6" Lime Treatment 32 11 29 SY 22611 $5.20 $117,577.20 8 3211.0502 8" Lime Treatment 3211 29 SY 13662 $5.45 $73,912.90 9 3211.04 Hydrated Lime 3211 29 TN 584 $292.00 $170,528.00 10 3213.0501 Barrier Free Ramp, Type R-1 32 13 20 EA 12 $2,800.00 $33,600.00 11 3213.0506 Barrier Free Ramp, Type P-1 32 13 20 EA 12 $2,300.00 $27,600.00 12 9999.0009 Barrier Free Ramp, Type P-1 (10' Wide) 00 00 00 EA 6 $2,900.00 $17,400.00 13 9999.001 Truck Apron 00 00 00 SF 580 $26.75 $15,515.00 14 9999.0011 End -of -Road Barricade 00 00 00 EA _ 4 $1,1001.00 $4,400.00 15 9999.0012 Remove End -of -Road Barricade 00 00 00 EA 4 $350.00 $1,400.00 16 0241.1000 Remove Cone Pvmt 0241 15 SY 2124 $18.00 $38,232.00 17 0241.1100 Remove Asphalt Pvmt 0241 15 SY 3175 $12.00 $38,100.00 18 3471.0001 Traffic Control 34 71 13 MO 1 $2,500.00 $2,500.00 19 9999.0013 Sawcut Asphalt Pavement 00 00 00 LF 45 $30.00 $1,350.00 20 9999.0014 Sawcut Concrete Curb & Gutter 00 00 00 LF 29 $20.00 $580.00 21 3217.0002 4" SLID Pvmt Marking HAS (Y) 32 17 23 LF 3850 $1.40 $5,390.00 22 3217.2103 REFL Raised Marker TY 11-A-A 32 17 23 EA 58 $5.00 $290.00 23 3217.1002 Lane Legend Arrow 32 17 23 EA 2 $375.00 $750.00 24 3217.1004 Lane Legend Only 32 17 23 EA 1 $500.00 $500.00 25 3217.0201 8" SLD Pvmt Marking HAS ('W) 32 17 23 LF 222 $2.75 $610.50 26 3217.2104 REFL Raised Marker TY II-C-R 32 17 23 EA 11 $5.00 $55.00 27 9696.0015 18" SLID Pvmt MarkingHAS (Y) 00 00 00 LF 130 $12.50 $1,625.00 28 3211.0101 T- SLD Pvmt -HAS (vv) 32 17 23 LF 72 $2.15 $154.00 29 3217.0102 6" SLID Pvmt Marking HAS (Y) 32 17 23 LF 2026 $2.15 $4,355.90 30 3441.4006 Install Alum Sign Ground Mount 34 41 30 EA 23 $500.00 $11,500.00 31 9969.003 Remove Alum Sign Ground Mount 00 00 00 EA 3 $125.00 $375.00 32 - 33 34 35 36 - _ - 37 ___ 38 39_- _ 40 41 42 43 44 45 TOTAL UNIT IV: PAVING IMPROVEMENTS $2,806,300.45 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version April 2, 2014 00 42 43_ Bid Form Paving 00 42 43 SpecBook Proposal Form DAP - BID PROPOSAL Page 2 of 2 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bid This Bid is submitted by the entity named below: BIDDER: Glenn Thurman, Inc P.O. Box 850842 Mesquite, TX 75185-0842 817-534-1743 Total Bidder's Application Bid BAGINN TAN, INC. TITLID_API GEE$ DATE: `�� Contractor agrees to complete WORK for FINAL ACCEPTANCE within CONTRACT commences to run as provided in the General Conditions. END OF SECTION 75 calendar days after the date when the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version April 2, 2014 00 42 43_ Bid Form Paving 00 42 43_SpecBook Proposal Form DAP - BID PROPOSAL Page 1 of 2 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Description Specification Unit of Bid Unit Price Bid Value No. Section No. Measure Quantity UNIT V: STREET LIGHTING IMPROVEMENTS 1 2605.3015 2" CONDT PVC SCH 80 (T) 26 05 33 LF 3600 $17.14 $61,704.00 2 3441.305 Furnish/Install LED Lighting Fixture (70 watt 3441 20 EA 41 $313.00 $12,833.00 3 3441.3301 Rdwy Illum Foundation TY 1,2, and 4 3441 20 EA 41 $1,233.00 $50,553.00 4 3441.3351 Furnish/Install Rdway Illum TY 11 Pole 3441 20 EA 40 $1,928.00 $77,120.00 5 3441.1646 Furnish/Install Type 33B Arm 3441 20 EA 40 $236.00 $9,440.00 6 3441.141 NO 10 Insulated Elec Condr 3441 10 LF 11235 $1.24 $13,931.40 7 3441.1403 NO 6 Triplex OH insulated Elec Condr 3441 10 LF 1065 $7.00 $7,455.00 8 3441.3051 Furnish/Install LED Lighting Fixture (137 watt 3441 20 EA 4 $550.00 $2,200.00 9 3441.3323 Furnish/Install 8' Wood Light Pole Arm 3441 20 EA 4 $500.00 $2,000.00 10 3441.3502 Relocate Street Light Pole 3441 20 EA 1 $500.00 $500.00 11 3441.1501 Furnish/Install Ground Box Type B 3441 20 EA 1 $700.00 $700.00 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 TOTAL UNIT V: STREET LIGHTING IMPROVEMENTS $238,436.40 Bid Summary UNIT V: STREET LIGHTING IMPROVEMENTS $238, CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version April 2, 2014 Lighting contract items 2023-02-14 00 42 43_SpecBook Proposal Form DAP - BID PROPOSAL Page 2 of 2 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID This Bid is submitted by the entity named below: BIDDER: Independent Utility Construction, Inc 5109 Sun Valley Drive Fort Worth, TX 76119 Bidder's Application Total Construction Bid I$238,436.40 BY: Ri d Wolfe TITLE: President 817-478-4444 DATE: 2/14/2023 Contractor agrees to complete WORK for FINAL ACCEPTANCE within 45 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 April 2, 2014 Lighting contract items 2023-02-14