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HomeMy WebLinkAboutContract 59482Received Date: May 25, 2023 Received Time: 11:38 a.m. Developer and Project Information Cover Sheet: Developer Company Name: Rocky Creek Crossing, LTD Address, State, Zip Code: 13141 Northwest Fwy Houston, Texas 77040 Phone & Email: 281 671 9000 1 psmith@academyhouston.com Authorized Signatory, Title: Patrick Carrigan -Smith, Authorized Agent Project Name: Brief Description: Project Location: Plat Case Number: Mapsco: CFA Number: TAR-102X 23-0012 Rocky Creek Crossing Phase 1 Water, Sewer, Paving, Storm Drain, Street Lights & Signs 9600 Old Granbury Road Plat Name: Council District: 6 City Project Number: 103936 1 IPRC22-0109 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: 59482 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 Rocky Creek Crossing, 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 FortWorth, Texas or its extraterritorial jurisdiction, for a project known as Rocky Creek Crossing Phase 1 ("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. OFFICIAL RECORD City of Fort Worth, Texas CITY SECRETARY Page 2 of 19 Standard Community Facilities Agreement FT. WORTH, TX Rev. 9/21 2. Incorporation of Engineering Plans The engineering plans for the Improvements that have been approved by the City ("Engineering Plans") are incorporated into this Agreement by reference as if fully set out herein. Developer shall provide at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to construct the Improvements required by this Agreement. 3. Description of Improvements; Exhibits and Attachments The following exhibits describe the general location, nature and extent of the Improvements that are the subject of this Agreement and are attached hereto and incorporated herein by reference: ® Exhibit A: Water ❑X Exhibit A-1: Sewer ® Exhibit B: Paving ❑X Exhibit 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; Future Improvements Agreement for McPherson Blvd. 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 As a condition of the City's approval of the final plat for the Project, the City has determined that Developer must construct approximately 1,350 linear feet of the northern two lanes of West McPherson Road between Old Granbury Road and The Fort Worth and Western Rail Road. The City does not currently own the right-of-way necessary to construct the northern two lanes and the City is currently negotiating with the property owner to obtain the right-of-way. Developer must execute a Future Improvements Agreement with the City and deposit the funds necessary for the construction of northern two lanes of West McPherson Boulevard in accordance with the CFA Ordinance. Developer agrees that the City will not release the hold on the final plat related to the Project until the Future Improvements Agreement has been executed by the City and Developer, and the future improvements funds have been paid to the City by Developer. 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. hi 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; City of Fort Worth, Texas Page 4 of 19 Standard Community Facilities Agreement Rev. 9/21 (b) that Developer will vacate any final plats that have been filed with the county where the Project is located; and (c) to pay to the City all costs incurred by the City in connection with this Agreement, including time spent by the City's inspectors at preconstruction meetings. 9. Award of Construction Contracts (a) Developer will award all contracts for the construction of the Improvements and cause the Improvements to be constructed in accordance with the CFA Ordinance. (b) Developer will employ construction contractors who meet the requirements of the City to construct the Improvements including, but not limited, to being prequalified, insured, licensed and bonded to construct the Improvements in the City. (c) Developer will require Developer's contractors to provide the City with payment and performance bonds naming the City and the Developer as dual obligees, in the amount of one hundred percent (100%) of the cost of the Improvements as required by the CFA Ordinance. The payment and performance bonds shall guarantee construction of the Improvements and payment of all subcontractors and material suppliers. Developer agrees to require Developer's contractors to provide the City with a maintenance bond naming the City as an obligee, in the amount of one hundred percent (100%) of the cost of the Improvements, that guarantees correction of defects in materials and workmanship for the Improvements by the contractor and surety for a period of two (2) years after completion and final acceptance of the Improvements by the City. All bonds must be provided to the City before construction begins and must meet the requirements of the City's Standard Conditions, Chapter 2253 of the Texas Government Code, and the Texas Insurance Code. (d) Developer will require Developer's contractors to provide the City with insurance equal to or in excess of the amounts required by the City's standard specifications and contract documents for developer -awarded infrastructure construction contracts. The City must be named as an additional insured on all insurance policies. The Developer must provide the City with a Certificate of 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. City of Fort Worth, Texas Page 5 of 19 Standard Community Facilities Agreement Rev. 9/21 10. Utilities Developer shall cause the installation or adjustment of utilities required to: (1) serve the Project; and (2) to construct the Improvements required herein. City shall not be responsible for payment of any costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with any of the Improvements to be constructed pursuant to this Agreement. 11. Easements and Rights -of -Way Developer agrees to provide, at its expense, all necessary rights -of -way and easements required for the construction and dedication to the City of the Improvements provided for by this Agreement. 12. Liability and Indemnification (a) DEVELOPER HEREBY RELEASES AND AGREES TO INDEMNIFY, DEFEND AND HOLD THE CITY HARMLESS FOR ANY INADEQUACIES IN THE PRELIMINARY PLANS, SPECIFICATIONS, ENGINEERING PLANS, AND COST ESTIMATES SUPPLIED BY THE DEVELOPER FOR THIS AGREEMENT. (b) THE DEVELOPER COVENANTS AND AGREES TO, AND BY THESE PRESENTS DOES HEREBY FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM ALL SUITS, ACTIONS OR CLAIMS OF ANY CHARACTER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ONACCOUNT OFANYINJURIES OR DAMAGES SUSTAINED BYANYPERSONS, INCLUDING DEATH, OR TO ANY PROPERTY, RESULTING FROM OR IN CONNECTION WITH THE CONSTRUCTION, DESIGN, PERFORMANCE OR COMPLETION OF ANY WORK TO BE 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 City of Fort Worth, Texas Page 6 of 19 Standard Community Facilities Agreement Rev. 9/21 FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES SUFFERED BY THE CITY OR CAUSED AS A RESULT OF SAID CONTRACTORS' FAILURE TO COMPLETE THE WORK AND CONSTRUCT THE IMPROVEMENTS IN A GOOD AND WORKMANLIKE MANNER, FREE FROM DEFECTS, IN CONFORMANCE WITH THE CFA ORDINANCE, AND INACCORDANCE WITH ALL PLANS AND SPECIFICATIONS. 13. Right to Enforce Contracts Upon completion of all work associated with the construction of the Improvements, Developer will assign to the City a non-exclusive right to enforce the contracts entered into by Developer with its contractors, along with an assignment of all warranties given by the contractors, whether express or implied. Further, Developer agrees that all contracts with any contractor shall include provisions granting to the City the right to enforce such contracts as an express intended third party beneficiary of such contracts. 14. Estimated Fees Paid by Developer; Reconciliation Prior to execution of this Agreement, Developer has paid to the City the estimated cost of administrative material testing service fees, construction inspection service fees, and water testing lab fees in the amounts set forth in the Cost Summary section of this Agreement. Upon completion of the construction of the Improvements, the City will reconcile the actual cost of administrative material testing service fees, construction inspection service fees, and water testing lab fees with the estimated fees paid by Developer. If the actual costs of the fees are more than the estimated payments made by the Developer, the Developer must pay the difference to the City before the Improvements will be accepted by the City. If the actual costs of the fees are less than the estimated payments made by the Developer, the City will refund the difference to the Developer. If the difference between the actual costs and the estimated payments made by the Developer is less than fifty dollars ($50.00), the City will not issue a refund and the Developer will not be responsible for paying the difference. The financial guarantee will not be released by the City or returned to the Developer until reconciliation has been completed by the City and any fees owed to the City have been paid by the Developer. 15. Material Testing The City maintains a list of pre -approved material testing laboratories. The Developer must contract with material testing laboratories on the City's list. Material testing laboratories will provide copies of all test results directly to the City and the Developer. If the Improvements being constructed fail a test, the Developer must correct or replace the Improvements until the Improvements pass all retests. The Developer must pay the material testing laboratories directly for all material testing and retesting. The City will obtainproof from the material testing laboratories that the material testing laboratories have been paid in full by the Developer before the City will accept the Improvements. 16. Notices All notices required or permitted under this Agreement may be given to a party by hand - delivery or by mail, addressed to such party at the address stated below. Any notice so given shall be deemed to have been received when deposited in the United States mail so addressed with postage prepaid: City of Fort Worth, Texas Page 7 of 19 Standard Community Facilities Agreement Rev. 9/21 CITY: Development Coordination Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 With conies to: City Attorney's Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 and City Manager's Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 DEVELOPER: Rocky Creek Crossing, LTD 13141 Northwest Fwy Houston, Texas 77040 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, City of Fort Worth, Texas Page 8 of 19 Standard Community Facilities Agreement Rev. 9/21 servants, officers, contractors, subcontractors, and volunteers shall operate as independent contractors as to all rights and privileges and work performed under this Agreement, and not as agents, representatives or employees of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Developer shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer acknowledges that the doctrine of respondeat superior shall not apply as between the City and its officers, representatives, agents, servants and employees, and Developer and its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Developer. It is further understood that the City shall in no way be considered a co -employer or a joint employer of Developer or any employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers of Developer. Neither Developer, nor any officers, agents, servants, employees or subcontractors of Developer shall be entitled to any employment benefits from the City. Developer shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. The City, through its authorized representatives and employees, shall have the sole and exclusive right to exercise jurisdiction and control over City employees. 19. Applicable Law; Venue This Agreement shall be construed under and in accordance with Texas law. Venue shall be in the state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 20. Non -Waiver The failure of the City to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely on any such term or right on any future occasion. 21. Governmental Powers and Immunities. It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities. 22. Headings 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 City of Fort Worth, Texas Page 9 of 19 Standard Community Facilities Agreement Rev. 9/21 court of competent jurisdiction, the invalidity of such clause or provision shall not affect any of the remaining provisions hereof. 24. Review of Counsel City and Developer, and if they so choose, their attorneys, have had the opportunity to review and comment on this document; therefore any rule of contract construction or interpretation that would normally call for the document to be interpreted as against the drafting party shall not apply in interpretation of this Agreement, and each section, portion, and provision of this Agreement shall be construed solely on the basis of the language contained therein, regardless of who authored such language. 25. Prohibition on Boycotting Israel Developer acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company with 10 or more full-time employees that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" 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 City of Fort Worth, Texas Page 10 of 19 Standard Community Facilities Agreement Rev. 9/21 directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 28. Immigration and Nationality Act Developer shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Developer shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Developer shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Developer employee who is not legally eligible to perform such services. DEVELOPER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY DEVELOPER, DEVELOPER'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 City of Fort Worth, Texas Page 11 of 19 Standard Community Facilities Agreement Rev. 9/21 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. 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 19 Standard Community Facilities Agreement Rev. 9/21 36. Cost Summary Sheet Project Name: Rocky Creek Crossing Phase 1 CFA No.: 23-0012 Ite ms A. Water and Sewer Construction 1. Water Construction 2. Sewer Construction Water and Sewer Construction Total City Project No.: 103936 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 Bond = 100% Completion Aqreement = 100% / Holds Plat Cash Escrow Water/Sanitary Sewer= 125% Cash Escrow Pavinq/Storm Drain = 125% Letter of Credit = 125% Escrow Pledqe Aqreement = 125% Developer's Cost $ 1,872,324.50 $ 2,051,578.50 $ 3,923,903.00 $ 3,526,245.85 $ 3,159,702.00 $ 609,850.00 $ 7,295,797.85 $ 11,219,700.85 $112,500.00 $39,200.00 $2,640.00 $ 154,340.00 IPRC No.: 22-0109 Choice Amount (Mark one $ 11,219,700.85 X $ 11,219,700.85 $ 4,904,878.75 $ 9,119,747.31 $ 14,024,626.06 $ 14,024,626.06 City of Fort Worth, Texas Page 13 of 19 Standard Community Facilities Agreement Rev. 9/21 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 Dam �Gl!' � Dana Burghdoff (M 25, 202Af4 CDT) Dana Burghdoff Assistant City Manager Date: May 25, 2023 Recommended by: Lmla- Dwayne Hollars (May 5, 2023 10:03 CDT) Dwayne Hollars Contract Compliance Specialist Development Services Approved as to Form & Legality: Richard A. McCracen (May 25, 2023 09:31 CDT) Richard A. McCracken Sr. Assistant City Attorney M&C No. N/A Date: May 25, 2023 Form 1295: N/A ATTEST: Jannette S. Goodall City Secretary n anpgn a go! ........ ho9� 0 �o Pv= ==d 3d4n nEoog`'p DEVELOPER Rocky Creek Crossing, LTD a Texas Limited Partnership By: C.I.L. Holdings, LLC, its sole general partner Patrick Carrigan -Smith ( y5, 2023 09:06 CDT) Patrick Carrigan -Smith Vice President, Land Acquisition & Development Date: May 5, 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. Rebecca Diane Owen (May 5, 2023 11:32 CDT) Rebecca Diane Owen Development Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Page 14 of 19 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 19 Standard Community Facilities Agreement Rev. 9/21 ATTACHMENT "I" Changes to Standard Community Facilities Agreement City Project No. 103936 None City of Fort Worth, Texas Page 16 of 19 Standard Community Facilities Agreement Rev. 9/21 ATTACHMENT " 3" Concurrent CFA Provision City Project No. 103936 The improvements being constructed by Developer pursuant to this Agreement will connect to improvements being constructed by Meritage Homes of Texas. LLC under a separate Community Facilities Agreement, City Secretary Contract No. 58086 (Hereinafter the "Separate CFA"). Developer has requested and the City has agreed to allow Developer to begin the construction of the improvements contained in this Agreement before the improvements being constructed under City Secretary Contract No. 58086 are completed and accepted by the City. Therefore, this Agreement shall be considered a "Concurrent CFA" and the provision contained in this Attachment shall apply to this Agreement. The improvements being constructed under the Separate CFA shall be defined as the "Primary Project." The improvements being constructed by Developer under this Agreement shall be defined as the "Secondary Project." Developer acknowledges and agrees that due to Developer's election to construct a Concurrent 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 Primary Project and the Secondary Project to properly connect to each other; changes to the design or construction of the improvements in the Primary Project that impact the design and construction of the improvements in the Secondary Project; construction delays, delay claims, or claims for liquidated damages; increased costs for the Developer or the developer of the Primary Project; failure of the improvements to pass inspection or material testing; or rejection by the City of some or all of the improvements and Developer or the developer of the Primary Project having to remove and reconstruct the improvements at the expense of Developer, developer of the Primary Project, or both. In addition, Developer understands and agrees that disputes may arise between the contractors or subcontractors for the Primary Project and the contractors or subcontractors for the Secondary Project relating to responsibility for the Construction Problems. Developer shall be solely responsible for resolving disputes between contractors, disputes between contractors and subcontractors and disputes between Developer and the developer of the Primary Project. Developer acknowledges and certifies that Developer has entered into a written agreement with the developer of the Primary Project and said agreement: (1) provides Developer with any access needed through property owned by the developer of the Primary Project; (2) that Developer and the developer of the Primary Project shall resolve all disputes regarding the design and construction of the Primary Project and the Secondary Project; and (3) the developer of the Primary Project will notify Developer of any all changes to the design or construction of the improvements in the Primary Project, including any field changes. Developer further acknowledges and agrees that Developer has notified all of Developer's contractors for the Project that Developer has elected to construct a Concurrent CFA, the provisions of this City of Fort Worth, Texas Page 17 of 19 Standard Community Facilities Agreement Rev. 9/21 Attachment, the risks associated with a Concurrent CFA, and that the City shall not bear any responsibility for construction of the improvements or Developer's decision to proceed with a Concurrent CFA. Developer shall not make the final connection of the improvements in the Secondary Project to the improvements in the Primary Project until the improvements in the Primary 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 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 CONCURRENT CFA, DEVELOPER ASSUMES ALL RISKS AND DEVELOPER SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL DAMAGES, INCLUDING BUT NOT LIMITED TO, ANY AND ALL ECONOMIC DAMAGES, PROPERTY LOSS, PROPERTYDAMAGES 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, ANY AND ALL ECONOMIC DAMAGES, PROPERTY LOSS, 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 CONCURRENT CFA. DEVELOPER, AT ITS SOLE COST AND EXPENSE, AGREES TO AND DOES HEREBYINDEMNIFY, 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 ECONOMICDAMAGES, PROPERTYLOSS, PROPERTY DAMAGES AND PERSONAL INJURIES INCLUDING DEATH), LOSSES, LIENS, CAUSES OF ACTION, SUITS, JUDGMENTS AND EXPENSES (INCL UDING, 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 RELEATED TO CONSTRUCTION OF THE IMPROVEMENTS OR DEVELOPER'S CHOICE TO CONSTRUCT A CONCURRENT 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 CONSTRUCTION OF THE IMPROVEMENTS OR DEVELOPER'S CHOICE TO CONSTRUCT A CONCURRENT 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. City of Fort Worth, Texas Page 18 of 19 Standard Community Facilities Agreement Rev. 9/21 By signing below, Developer certifies that all statements contained in this Attachment "Y Concurrent CFA Provision are true and correct. DEVELOPER: Rocky Creek Crossing, LTD a Texas Limited Partnership By: C.I.L. Holdings, LLC, its sole general partner Patrick Carrigan -Smith( �y 5, 202309:06 CDT) Patrick Carrigan -Smith Vice President, Land Acquisition & Development Date: May 5, 2023 City of Fort Worth, Texas Page 19 of 19 Standard Community Facilities Agreement Rev. 9/21 s 7 OWNER/DEVELOPER ROCKY CREEK CROSSING LTD MAX MILLER 13141 NORTHWEST FWY HOUSTON, TX 77040 PHONE: (214) 892-4551 �J FF FORT ROCKY CREEK CROSSING PHASE 1 CPN 103936 MAPSCO NO. TAR-102X COUNCIL DISTRICT 6 VICINITY MAP LEGEND PROPOSED WATERLINE EXISTING WATER LINE LIMITS OF PROJECT PROPOSED WATER LINES ARE 8" UNLESS OTHERWISE INDICATED o' p rJ WELT SMITH SUNSET S ADDITION 8' W41 5l 9 C.C./ DIDS174443 O.P.R.T.C.T. 00 _ EMENTRIC Ji4 O.P.R.T.C.T. ,2 EDWARD DEMETRES O C.C.# D205189282 8 7 1 O.P.R.T.C.T. Oa �j O I s I g I I e 120 1 3 1 2 I O 126 1 — CONNECT TO EXISTING 12" 8" WL13�T 22 3I� I WATER LINE IN PW160-060160152000 DOE N0. 3638, X-12882 FUTURE ROCKY CREEK CROSSING PHASE 2 ROCKY CREEK CROSSING PHASE 1 CPN 103936 WATER CONNECT TO D(ISTING 12" WATER LINE IN PW160-060160152000 DOE NO. 3638, X-12862 EXISTING OLD GRANBURY RD / EX 12" WL rt1 ZACHARY PENN C.C.#D220094041 O.P.R.T.C.T. I II BRIDGET EA G. 1 VOL 1.3GET ST 109 O.P.R.T.C.T. 8' S.RF2T 14 COUNTY ROAD Rlgk{T—OF—WAY EASEMENT — WL 3179,l P.G. 3tl4 O.P.R.T.C.T. CONNECT TO EXISTING 12" WATER LINE _"8r� sT � 1 f �� • IN 1180-080110152000 O14 11 ,s e —� DOE NO. 3638, X-12862 w12O JERRY KIRK LEDYARD VOL O.P R 11496, PG. 142 bs 5 12, o a 14 SEEr I6 sF " ,a 19 DEODATH SONNY H ©AND ; VOLVOL5ONATH L 105, PG. 313 O � O.P.R.T.C.T. CONNECT TO EXISTING 12" o WATER LINE / IN PW160-080160152000 O DOE NO. 3638, X-12862 i9 20 R1 22 '• '° IK DEONATH LIVING TRUST O C.C./ D212174662 O.P.R.T.C.T. 5 4 0 srMXT 10 _ 164 STACI LEA DANFORD 14 „ 17 „ 2° 2, 22 2, 2. 25 C.C.# D216241497 O r O.P.R.T.C.T. OWNER/DEVELOPER ROCKY CREEK CROSSING LTD MAX MILLER 13141 NORTHWEST FWY HOUSTON, TX 77040 PHONE: (214) 892-4551 EXHIBIT 'A' UNDER CONSTRUCTION CONNECT TO 21' SANITARY SEWER MAIN CPN 103610 EX 100' OVERHEAD ? ELECTRIC ESMTT CS UNDER CONSTRUCTION CONNECT TO 21' SANITARY SEWER MAIN CPN 103510 / UNDER CONSTRUCTION / CONNECT TO 21' SANITARY SEWER AWN / CPN 103610 LEGEND PROPOSED SANITARY SEWER LINE EXISTING SANITARY SEWER LINE LIMITS OF PROJECT PROPOSED SANITARY SEWER LINES ARE 8" UNLESS V/ // Ir UN` I EXISW OLD GRANBURY RD Of � �o�aoo� o II F I LREFT ' =�C'iCIDC�7� CIDDE D 13 DDOgDDDD � o � r o DDDD ° �DDDD a t - :% LI JE _ i <EET 1 �DDDDDDDD�DDDDD" ONE I ..-7 000�a����oaloo�'° J 'I DDD,CODDODDD ZACHARY PENN C.C./D220094041 O.P.R.T.C.T. MIDGET EASTON VOL 13893, PG. 109 O.P.R.T.C.T. COUNTY ROAD RIGHT-OF-WAY EASEMENT VOL 3179, P.G. 384 O.P.R.T.C.T. JERRY KIRK LEDYARD VOL 11496, PG. 142 O.P.R.T.C.T. DEODATH SONNY DEONATH AND SYLVIA DEONATH VOL 10535, PG. 313 O.P.R.T.C.T. z DEONATH LIVING TRUST C.C./ D212174662 O.P.R.T.C.T. p STACI LEA DANFORD C.C.// D216241497 b.P.R.T.C.T. y� J WALT SMITH I 3" JNE A SUNSET S ADDITION o S-ThIEET , C.C.1 D196174443 15 DDD��D00�� 26LL� O.P.RT.C.T. _RIGHT-OF-WAY EASEMENT_ VOL 3179, P.G. 384 Lj���LLLLL 0 O.P.R.T.C.T. EDWARD DEMETRES C.C.j D205189282 O.P.R.T.C.T. a0 FUTURE ROCKY CREEK CROSSING PHASE 2 ROCKY CREEK CROSSING PHASE 1 CPN 103936 WASTEWATER EXHIBIT'A-1' OWNER/DEVELOPER ROCKY CREEK CROSSING LTD MAX MILLER 13141 NORTHWEST FWY HOUSTON, TX 77040 PHONE: (214) 892-4551 / / I OWNER/DEVELOPER ROCKY CREEK CROSSING LTD MAX MILLER 13141 NORTHWEST FWY HOUSTON, TX 77040 PHONE: (214) 892-4551 EXISTING OLD GRANBURY RD ZACFIARY PENN C.C./D220094041 O.P.R.T.C.T. O R DGET VOL109 3893, PG. `I O.P.R.T.C.T. ❑������ COUNTY ROAD J RlGhij 0F1 [ 79,AYPEASG. W4 v J��T VOL OS.P.R.T.C.T. LEGEND PROPOSED 29'B-B ROADWAY/50'ROW 6" THICKNESS PROPOSED '- ROADWAY/6060'ROROW 7.5" THICKNESS sliiiQ PROPOSED SIDEWALK BY STREET i3 ' DEVELOPER STREET 12 [ l dE ddi ��a0000��ao �,�00000000aoo tir - -- — traFF r o _ • -- �al �1s1 17lp elp s�zo�z,�zz�:z�:.zsjj� VVII VI FUTURE ROCKY CREEK III CROSSING PHASE 2 60'ROW -6';50'ROW -5' JERRY KIRK LEDYARD VOL 11495, PG. 142 PROPOSED SIDEWALK BY 0 P.R.T.C.T. HOMEBUILDER 60' ROW - 6; 50' ROW - 5' DEODATH SONNY DEONATH AND SYLVIA DEONATH VOL 10535. PG. 313 = PROPOSED ADA RAMPS O 0o.P.R.r.c.T. (BY DEVELOPER) 0 6 LIMITS OF PROJECT DEONATH LIVING TRUST c C.C.t D212174662 O.P.R.T.C.T. 0 STACI LEA DANFORD C.C./ D216241497 O.P.R.T.C.T. WALT SMTTH SUNSET S ADDRION C.C./ D196174443 0.P.R.T.C.T. _ RIGY G. 3U O.P.R.T.C.T. EDWARD DEMETRES C.C./ D205189282 O.P.R.T.C.T. ROCKY CREEK CROSSING PHASE 1 CPN 103936 PAVING EXHIBIT 'B' CULVERT C 2-36' RCP EXISTING OLD GRANBURY RD DRAINAGE EASEMENT T— DRAINAGE EASEMENT ZACHARY PENN 2-36' 4:1 SLOPED 2-3' 4:1 SLOPED C.C.#0220094041 END HEADWALL END HEADWALL DRAINAGE O.P.R.T.C.T. LAT 2B-1 30' RCP EASEMENT LEGEND 4• JUNCTION Box � — — — _ _ _ DEAASSEMMEENT 4'X4' DROP INLET PROPOSED STORM DRAIN LINE ~ 60• END & PLUG Ao II��[�������1��0� VOLR13893,.PG.a109 PROPOSED 10' CURB INLET w q ' S' JUNCTION BOX —a O.P.R.T.C.T. ry�w•. 4' JUNCTION BOX 4�4STREET 14 '•1 PROPOSED 15' CURB INLET nlnfnlnlnl � COUNTY ROAD z ry UNCTION BOX 4' JUNCTION BOX PROPOSED 20' CURB INLET v s o �� ������ o -,- O�o� O � � � o.P.R.rar• PROPOSED MANHOLE RISER ��o,�o, O9a &�O O CULVERT A 24' RCP END 4:1SLOPEDLIMITS OF PROJECT 4'X4' DROP INLET O ARD 6' JUNCTION BOX 00 OO SD-4 3 ' RCPu VOL 1 KIRK L G. 14 �� ? I I I LLII ILL O.P.R.T.C.T. P142 LAT 2E-1 24' RCP 0 as STREET 12 LAT 4C-1 24' RCPI DEODATH SONNY DEONATH O O O D nNATH F'slll"III'alll'°III'°IJIZ 1]11 � WELD .P.R5,CSYLVIA .T. 3 O II LAT 4D-1 24' RCP J LJ O.P.R.T.C.T. oO no 4' JUNCTXX4 BOX11 O � F�DD�OL��ulululun o El JUNCTION �— O M1 BOX 3 �r Ef 11 DE .Cf LIVING TRUST yIT ��O 0 71i I 0 I �I C.0 / D2121.T. O 0 6 O.P.R.T.C.T. ur AC-1 24• RCP ��� LAT 2C-1 24' RCP 5' JUNCTION BOX �1������ �1 12 STACI LEA DANFORD ( LAT 5C1 24' RCP STRFFT 1n " C.C./ D216241497 lJI I�� r O.P.R.T.C.T. SD-1 36• RCP 12 11 i;iRFFr 9" ,1 F1 f = 9 24 4:1 SLOPED ' N sa i" i2 �N 6' JUNCTION BOIX I END HEADWALL 5' JUNCTION BOX I C' UI UI UI UI lJ E L E WALT SMTiH Ll EASEM N LAT SE1 24' RCP —CULVERT B 24' R� SUNSET S ADDITION SD-1 42' RCP SD-2 8'X6` — N C.C./ D196174443 _ - JKtll Y O.P.R.T.C.T. 4END HEADWALL n _ v 9 20 RKaFif-OF-WAY EASEMENT 6• SW-0 _ VOL 31iwPZ,�3g� 4.1 WING WALLEASEMENT - pow I a ' s ' ° �� ' �� O.P.R.T.C.T. O LAT 512 21' RCP I � " 1 � 11 11 II II 11 '° 1 ao 11 END & PLC' STREET 7 EDWARD DEMETRES 414' DROP INLET LAT 5J1 24' RCP RET � C.0 # D205189262 S' RCB — — � 8 XS O.P.R.T.C.T. 5• SW-0 DRANAGE RC9 4:1 WING WALL EASEMENT SD-6 3. RCP LAT 5K1 24• RCP 1• RP END dPLUG FUTURE p CREEK END d2SD-7 36' RCP LAT 51111 4RCP N� LATS1 21' RCP LAT 511 27• RCP 4' DROP INLET END & PLUG OWNER/DEVELOPER ROCKY CREEK CROSSING PHASE 1 ROCKY CREEK CROSSING LTD CPN 103936 MAX MILLER 13141 NORTHWEST FWY STO R M WAT E R HOUSTON, TX 77040 BLAKE RADLEY PHONE: (214) 892-4551 I I 7th Street ' EXHIBIT B-1Suit 300 Q 0 6 ty�ti�ti OWNER/DEVELOPER ROCKY CREEK CROSSING LTD MAX MILLER 13141 NORTHWEST FWY HOUSTON, TX 77040 PHONE: (214) 892-4551 ZACHARY PENN C.C.JD220094041 O.P.R.T.C.T. LEGEND PROPOSED STREET NAME BLADE SIGN PROPOSED SINGLE STREET LIGHT, TYPE 1 FOUNDATION, R-2 LUMINAIRE BRI1389DGET , PG. 1 PG. 109 VOL O.P.R.T.C.T. O.P.R.T.C.T. PROPOSED SINGLE STREET LIGHT, TYPE 1 FOUNDATION, R-4 LUMINAIRE NTY ROAD LIMITS OF PROJECT RIGHT-OF-WAY EASEMENT VOL 3179, P.G. 354 O.P.R.T.C.T. JERRY KIRK LEDYARD VOL 11490, PG. 142 O.P.R.T.C.T. DEODATH SONNY DEODATH AND SYLVIA DEODATH VOL 10535, PG. 313 O.P.R.T.C.T. 7A DEODATH LIVING TRUST C.C./ D212174662 O.P.R.T.C.T. 2 STAq LEA DANFORD C.C.# D216241497 O.P.R.T.C.T. 0 SMITH SUNSET S ADDTiKNI Z C.C.f D196174443 O.P.R.T.C.T. RK' - -WAY EASEMENT PG. 354 _A179 O.P.R.T.C.T. i Ll 0 EDWARD DEMETRES C.C./ D205189282 O.P.R.T.C.T. ROCKY CREEK CROSSING PHASE 1 CPN 103936 STREET LIGHTS & STREET NAME SIGNS EXHIBIT 'C' SECTION 00 42 43 004243 Developer Awarded Projects - PROPOSAL FORM DAP - BID PROPOSAL Page I of 5 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 I: WATER IMPROVEMENI S 1 3311.0141 6" P.V.C. Water Pipe 33 11 10, 33 11 LF 12 137 $52.00 $7,124.00 2 3311.0241 8" P.V.C. Water Pipe 33 11 10, 33 11 LF $56.00 3311.0441 12" P.V.C. Water Pipe _12 _ _ 33 11 10,33 11 LF -15,0019 �$841,064.00 - 888 $102.00 _3 4 __ _ _ 3305.0109 Trench Safes _12 _ 33 330510 LF - 16,044 _ $2.00 �$1,000.00 __$90,576.0_0 $32,088.00 �5 - 3312.3002 6"Gate Valve 331220 EA_^ 3 $3,000.00 6� 3312.3003 8" G_ate Valve _ 31220 EA 43 $1,450.00 $62,350.00 r7 3312.3005 12" Gate Valve 331220 EA 6 $3,800.00 $22,800.00 �8.-.3312A001 FireHvdrant 331240 EA- 14 4w800�00 $67,2200.00 9 3311.0001 Ductile Iron Water Fittmg_s w/ Restraint 3311 11 TON- 4.691 00 $35,182.50 _ �10 3312.0_117 Connect to Existin012" Water Line 33 12 25 EA _- 4 �$7,500 $1,500.00 _$6 000.00 11 - 0241.1015 Remove 12" Water Line 0241 14 LF 867 $20.00 $17 340.00 12 � 3312.4107 12" x 8" Tapping Sleeve & Valve 331225 -_ EA� _ _ 1 - $6,500.00 $6,500.00 �13- 3305.0_003_8" Waterline Lowering 330512 EA_ -EA 43 $3,500.00 �$1,150.00 _ $150,500.00 14� 3312.2003 1" Water Service 33 12 10 324 $372,600.00 15 9999.0001 1" Irrigation Service_ 000000 EA 7 $1,500.00 $10,500.00 16 - - 9999.0002 1" Backfl_ow Preventer 00 00 00 - EA 2 $250.00 $500_.00 �17� 9999.0003 1.5" Irrigation Service 00 00 00 EA- 3 $2,000.00 $6,000.00 18� 9999.0004 1,5" Backflow Preventer 00 00 00 EA' 3 $500.00 $1,500.00 19 9999.0005 4" Irrigation Sleeve 00 00 00 EA 1. $750.00 $750.00 -. 20 9999 0006 2" Domestic Service 00 00 00 i 1 $3,000.00 $3,000.00 �21 __ 9999.0007 2" Backflow Preventer _ 00 00 00 -EA EA 1 $750.00 -._ $750.00 �. 22 _._ _....,....�-_...,...... _._.�_.. _.. _ _ 9999.0008 4" Domestic Service - 00 00 00 EA .� . 2 _.....d $6,500.00 _.,. _...__ $13,000.00 23 9999.0009 4" Backflow Preventer 00 00 00 EA 2 $20,500v00 ___ $41,000.00 24 - 9999.0010 6" Backflow Preventer 00 00 00 EA 3 $24,500.00 $73,500.00 -25- 9999.0011 8" Flush Point - 00 00 00 EA 3 $2,500.00 $7,500.00 26 - - - - - 27- 28 - - -- 29 - - - - - - - 30 - - - 31 - - 32 -- - - - ._.33.-._ . - 3W �35 _ TOTAL UNIT 1: WATER IMPROVEMENTS $1,872,324.50 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 42 43_Bid Proposal DAP SECTION 00 42 43 00 42 43 Developer Awarded Projects - PROPOSAL FORM DAP -BID PROPOSAL Page 2 of 5 UNIT PRICE BID Bidder's Application Project Item Information Bidders Proposal Bidlist Item Description I Specification Unit of Bid Unit Price I Bid Value No. Section No. Measure Quantity UNIT II: SANITARY S WER IMPROVEMENTS �1 3301.0002 Post -CCTV Inspection _ _ 3301 31 _ -�LF $3.00 2 3301.00101 Manhole Vacuum Testing, 3301 30 EA i15364 �71 $200.00 _$46,092.00 $14,200.00 3i 33050109 Trench SafetyT _ _ _ 3301 31 _LF_ 15364 �� ,..�"� $2.00 _� $30,728.00 �_ 3331.4115 8" Sewer Pipe (SDR-26, ASTM D2241) 3311 10, 33 31 4 12,3331 20 LF 14176 _ _ $69.00 $978,144.00 4116 8" Sewer Pipe (SDR-26, ASTM D2241 w/ 34 11 10, 33 31 5 CSS 12,3331 20 LF 1188 $78.00 $92,664.00 6 3331.3101 4" Sewer Service 3331 50 EA-- 326 $850.00 $277,100;00 7 3339.0001 ERoxXManhole Liner _ _ 33 39 60 VF 40.1_.11 $455.00 ,r$182,500.50 8 33 39 10, 3339 EA _ 3339.1001 4' Manhole _�— 20 _ _ 69 $4W 500.00 $310w500,00 9 33 39 10, 33 39 VF —__ 3339.1003 4' Extra Depth Manhole 20 398 $225.00 $89,550 00 10__ 9999.0012 4" Ductile Iron Sleeve 00 00 00� LF� 160 $60.00 $9.600.00 11 9999.0013 4' Diameter Drop Manhole over Existing 21" 00 00 00 EA Sewer Line 2 $15,000.00 _ 9999.00014 Connect to Existing 4' Diameter Manhole w/ �$7,500.00 12 External Drop Connection 00 00 00 EA _ 1 _$5,500.00 $5,500.000 - 13 15 � - - 16 -- _ 17 18—.. - _19 - - -- - _ - -- - - - --20-- 21 22 _ 24- 25 26 . 27 . 28� 29 ._.30 - - - - 31 32 33 34 35 36 37 38 39 TOTAL UNIT II: SANITARY SEWER IMPROVEMENTS $2,051,578.50 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 42 43_Bid Proposal DAP SECTION 00 42 43 00 42 43 Developer Awarded Projects - PROPOSAL FORM DAP-BIDPROPOSAL Page 3 of 5 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 III: DRAINAGE IMPROVEMENTS 1 0000.3305 Trench Safety_ 33 05 10 8701 $2.00 $17,402.00 �2 CT Inspection 3301.0002 Post -CV 3301 31 _LF LF 8701 $4.00 $34,804.00 3 3341.0201 21" RCP, Class III~ 3341 10 LF_ 762 $78.00 $59�436.00 4 3341.0205 24" RCP, Class III 3341 10- -LF 1834 $83.00 $152,222.00 5 7" RC 3341.0208 2P,_ Class_ III_ 33 41 10 LF 175 $105.00 $18,375.00 6 3341.0302 30" RCP, Class III 3341 10_ _LF _154 $110.00 �$16,940.00 _ 7 3341.0309 36" RCP, Class 111 3341 10 LF 1345 $145.00 $195,025.00 8 3341.6462 42" RCP, Class III 3341 10 LF 666 $175.00 $116,550.00 3341.0602 60" RCP, Class III 3341 10 LF_ �LF 1064 $310.00 $329,840.00 _9 16- 3341.1203 5'x5' RCB, Class 111 3341 10 549 $422.00 $231.678.00 11 3341.1304 6'x5' RCB, Class III 3341 10 - LF_ 420 $495.00 - $207 900A0 �12 3341,1403 7'x5' RCB,Class III 3341 10 LF 662 $580.00 $383,960.00 �13� 3341.1503 8'x6' R_CB, Class 111 3341 10 LF 1070 $670.00 $716,900.00 14 3349.0001 4' Storm Junction Box 33 49 10 EA 4 $6,000.00 $24,0_00.00 15 3349.0002 5' Storm Junction Box 33 49 10 - EA - 4 $_7,000.00 $28,0_00.00 3349.0003 6' Sto_rm Junction Box 33 49 10 EA- 3 $8,000.00 _ $24,000.0_0 _16 17 3349.7001 4' x 4' Drop Inlet 33 49 20 EA 5 $6,500.00 $32,500.00 �18 3_349.0102 4' Manhole Riser 33 49 10 8 $4,500.00 _$36,000.00 19 _ 3349.5001-10'-Curb Inlet 33 49 20 _EA_ _EA 26 _$_3,800.00 $98,800.00 �$57,600.00 '20- 3349.5002 15' Curb Inlet 34 49 20 EA 12 $4,800.00 21 3349.5003 20' Curb Inlet„ 35 49 20- EA 10 $6,200.00 �$62,000�00 _ 22- 9999.0015 12_ Rock RipRap 3700 SY_ -_ 532 $135.00 _ _ $71 820 00 23 �,- 9999.0016 24" 4:1 Sloped End Headwall _31 00 00 00 EA 3 $3,500.00 $10,500.00 24_ 9999.0017 2 - 36' 4:1 Sloped End Headwall 00 00 00_ EA_ 2 �$7,500.00 $15,000.00 _ 25 9999.0018 42" 4:1 Sloped End Headwall 000000 EA 1 $6,500.00 _ $6,500.00 -26 9999.0019 5' SW-0 4:1 Wingwall 00 00 00 -EA 1 _$12,500.00 _--$12,500.00 27 9999.0020 6' SW-0 4:1 Wingwall 00 00 00 1 �$14,500.00 - $14,500.00 - 28 9999.0021-6" Concrete Drop Structure with #3 Bars @ 00 00 00- _EA EA _ _• 18" O.C.ERW., _ �00 _ 1 �$8,500.00 $8,59100 29 9999.0022 Concrete Collar 00 00 EA 4 $2,500.00 $10,000.00 30- 9999.0023 Inlet Protection_ - -C6 00 00 EA- 48 -_ $150_ 00 $7,200.00 31 _ _ 9999.0024 Pond Outfall Structure (See Sheet 65) 00 00 00 -EA- 1 , $159,250.00 $159,250_ .,00 i33 - - 34 �35 - - - - _36----- 37 - -- - -- _38 39- - - -- - - - - 40-... _41 42- 43-� 44 -- - - _ 45 TOTAL UNIT III: DRAINAGE IMPROVEMENTS $3,159,702.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 42 43_Bid Proposal -DAP SECTION 00 42 43 004243 Developer Awarded Projects - PROPOSAL FORM DAP-BIDPROPOSAL Page 4 of 5 UNIT PRICE BID Bidder's Application Project Item Information Bidders Proposal Bidlist Item Description Specification I I Unit of Bid Unit Price Bid Value No. Section No. I Measure Quantity UNIT IV: PAVING IMPROVEMENTS 3213.0101=6" Conc Pvmt 32 13 13 SY 45002 $48.00 $2,160,096.00 _1 �2 _ _ 3211_0501 6 _Lime Treatment (30#/SY) 3211 29� SY 47952 .$3 50 �$167 83200 3 3211.0502 8" Lime Treatment (36#/SY) 3211 29 SY 10047 $4.00 $40,188.00 4� 3211.0400 Hydrated Lime (30#ISY) 3211 29 _TON 719.28 $255.00 $183,416.40 5 3211.0400 Hydrated (36#/SY) 3211 29 TON $255.00$46,11675 6 -Lime 3213.0302 5' Conc Sidewalk 32 13 20 SF� _180.85 �12677 $4.50 $57,046.550 7 3213.0303_6' Conc Sidewalk _ 32 13 20 SF 26316 $4.25 $111,843.00 8� 3213 0501 Barrier Free Ramp Type R-1 32 13 20 EA 14 $2�200.00 $301800.00 9 3213 0506 Barrier Free Ramp, Type P-1 32 13 20 38 $2 000.00 $76.000.00 10 3213.0503 Barrier Free Ramp, Type M-1 321320 �EA EA_ 4 $2,20(L00 $8 800.00. 11 3290._0100 Topsoil 3291 19 CY 471 _ $28.00 $13,18_8.00 _ �12 3_292.0400_Sod_ding 32 92 13 3 5072.7 $6.00 $30,436.20 13 9999.0025 7.5" Conc Pvmt 32 13 13 _Y SY 9569 $57.00 $545,433.00 14_ 9999_0026 Pavement Header (29') 00 00 00 �... EA 6 $900.00 _ $5,400A0 15 9999.0027 Install FOR Barricade 00 00 00� EA� 6 $850.00 $5,100 00 16 9999.0028 Furnish/Install Sign Post & Foundation 00 00 00 EA 6 $750.00 $4,500.00 _17_ 9999 0029 Stop S1gn _(R1-1 00 00 00 �EA 27 $750.00 _ $20,250.000 18 9999.0030 Street Name Blade 00 00 00 _ EA 66 $300.00 i$19,800.00 ^19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 TOTAL UNIT IV: PAVING IMPROVEMENTS $3,526.245.85 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 42 43-Bid Proposal DAP UNIT PRICE BID SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Project Item Information 00 42 43 DAP - BID PROPOSAL Page 5 of 5 Bidder's Application Bidlist Items I Specification I Unit of I Bid Description No. Section No. Measure Quantity Bid Summary UNIT I: WATER IMPROVEMENTS UNIT II: SANITARY 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, L.P. 5327 Wichita Street Fort Worth, Texas 76119 Contractor agrees to complete WORK for FINAL ACCEPTANCE within CONTRACT commences to run as provided in the General Conditions. Total Construction Bid Bidder's Proposal Unit Price I Bid Value BY: 51'0c4-- tfL493liS TITLE: Pres i C DATE: END OF SECTION $1,872,324.50 $2,051,578.50 $3,159,702.00 $3, 526,245.85 NIA N/A $10,609,850.86 3A o working days after the date when the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 42 43_Bid Proposal —DAP SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM 00 42 43 (2) DAP - BID PROPOSAL Page 1 of 2 UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item f Description I Specification I Unit of Bid Unit Price I Bid Value No. Section No. Measure Quantity UNIT V: STREET LIGHTING IMPROVEMENTS — 1 2605.3015 2" CONDT_P_VC SCH 80 (T) 26 05 33 LF 5400 $14.00 $75,600.00 2 3441.1408 NO 6 Insulated Elec Condr 3441 10 _LF 16200 _ $4.50 .... $72,900.00 —_.._. 3 _ 4 3441.3301 Type 11 Street Light Foundation e Light s _.—__...._ _._ .,..._. __... 34 41 200 �_......__.. EA 83 $1 ,200:00 _ $99,600.00 4 3441.3341 T e 11 Street Light Pole Type 9 — 3541 20 83 $3,0 00.00 $249 000:00 5 3441.1638 Type 33B Street Light Arm — 3441 20 �EA — EA 83 _ $500.00 -- $41,500.00 6 i7 9999.0031 Type R2 Street Light 000000_ _ EA —76 $850 0_0 $64 600.00 9999.0032 Type R4 Street Light -- — 000000— —EA 7 $950000 ` $6,650.00 9— — �10 _ 12 _ 13 —_ - - — 1414 15 16 _ 17 - 18 19 - -- - 20 - - - - — _21_.__ _.22.— - - - — 23 2_- - — - — - - - - 25—. - - v.26 27 28— _. 29 —30 31 32 - - 33 —33 34 - — �35 36 37 39 — 40 41 -. 42 45 _ 46 — TOTAL UNIT V: STREET LIGHTING IMPROVEMENTS $609,850.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 42 43_Bid Proposal —DAP SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID 00 42 43 (2) DAP - BID PROPOSAL Page 2 of 2 Bidder's Application Project Item Information Bidder's Proposal Bidlist Item I Description Specification I Unit of Bid Unit Price Bid Value No. Section No. Measure Quantity Bid Summary UNIT 1: WATER IMPROVEMENTS N/AI UNIT II: SANITARY SEWER IMPROVEMENTS N/Al UNIT III: DRAINAGE IMPROVEMENTS N/AI UNIT IV. PAVING IMPROVEMENTS N/A UNIT V: STREET LIGHTING IMPROVEMENTS $609,850.00 UNIT VI: TRAFFIC SIGNAL IMPROVEMENTS N/A Total Construction Bid $609,850.00 This Bid is submitted by the entity named below: BIDDER: Conatser Construction TN, L.P. 5327 Wichita Street Fort Worth, Texas 76119 Contractor agrees to complete WORK for FINAL ACCEPTANCE within CONTRACT commences to run as provided in the General Conditions. BY:Jbr—or—��� n5 TITLE: DATE: END OF SECTION y%D worldug days after the date when the CRY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Fmm Version May 22, 2019 00 42 43_Bid Proposal —DAP