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Contract 59559
Received Date: J u n 8, 2023 Received Time: 8:13 a.m. Developer and Project Information Cover Sheet: Developer Company Name: Marine Creek Ventures, LLC Address, State, Zip Code: 405 Golfway West Drive, Saint Augustine, FL 32095 Phone & Email: 904-506-4121, Jim.Boyce@dlpcapital.com Authorized Signatory, Title: James Boyce, President of Development & Construction Project Name: Mansions at Marine Creek Phase 1 Brief Description: Water, Sewer, Paving, Storm Drain and Street Lights Project Location: Shadydell Drive extension on the east side of Huffines Blvd Plat Case Number: FP-03-044 Plat Name: Marine Creek Apartments Mapsco: Council District: 2 CFA Number: CFA16-0079 City Project Number: 100178 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Page 1 of 54 Standard Community Facilities Agreement Rev. 9/21 City Contract Number: 59559 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 Marine Creek Ventures, LLC ("Developer"), acting by and through its duly authorized representative. City and Developer are referred to herein individually as a "party" and collectively as the "parties." WHEREAS, Developer is constructing private improvements or subdividing land within the corporate limits of Fort Worth, Texas or its extraterritorial jurisdiction, for a project known as Mansions at Marine Creek 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; and 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. 2. OFFICIAL RECORD Incorporation of Engineering Plans CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Page 2 of 54 Standard Community Facilities Agreement Rev. 9/21 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 B-1: Storm Drain © Exhibit C: Street Lights & Signs The Location Map and Cost Estimates are also attached hereto and incorporated herein by reference. To the extent that Exhibits A, A-1, B, B-1, C, the Location Map, or the Cost Estimates conflict with the Engineering Plans, the Engineering Plans shall control. If applicable, Attachment 1 — Changes to Standard Community Facilities Agreement, Attachment 2 — Phased CFA Provisions, Attachment 3 — Concurrent CIA Provisions, and Attachment 4 — Temporary Access Permit and Workspace Agreement, 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. Developer acknowledges and understands that a portion of the storm drain Improvements are being constructed on City -owned property know as Marine Creek Lake Park, which is located at 4700 Huffine Boulevard, Fort Worth, Texas 76135. In constructing the storm drain Improvements on the City's property, Developer shall comply with the term and conditions of the Temporary Access Permit and Workspace Agreement which is attached hereto as Attachment 4 and incorporated herein by reference ("Permit"). The terms and conditions of the Permit shall be in addition to those set forth in the remainder of this Agreement. To the extent there is a conflict between the Permit and any other terms of this Agreement, the Permit shall control. Developer understands and agrees that Mansions at Marine Creek, L.P. previously graded the property for the Project pursuant to a Grading Permit or Early Grading Permit issued by the City, and that such grading may have resulted in the removal of trees from the property. Developer agrees that City of Fort Worth, Texas Page 3 of 54 Standard Community Facilities Agreement Rev. 9/21 the Urban Forestry Permit (UFC16-0111) issued to Mansions at Marine Creek, L.P. runs with the land and that Developer shall comply with the approved UFC16-0111 permit. 5. Financial Guarantee Developer has provided the City with a financial guarantee in the form and amounts set forth in this Agreement which guarantees the construction of the Improvements and payment by Developer of all contractors, subcontractors, and material suppliers for the Improvements ("Financial Guarantee"). Developer shall keep the Financial Guarantee in full force and effect until released by the City and shall not reduce the amount of the Financial Guarantee unless authorized by the City in accordance with the CFA Ordinance. 6. Completion Deadline; Extension Periods This Agreement shall be effective on the date this Agreement is executed by the City's Assistant City Manager ("Effective Date"). Developer shall complete construction of the Improvements and obtain the City's acceptance of the Improvements within two (2) years of the Effective Date ("Term"). If construction of the Improvements has started during the Term, the Developer may request that this Agreement be extended for an additional period of time ("Extension Period"). All Extension Periods shall be agreed to in writing by the City and the Developer as set forth in a written amendment to this Agreement. In no event shall the Term of this Agreement plus any Extension Periods be for more than three years. 7. Failure to Construct the Improvements (a) The City may utilize the Developer's Financial Guarantee to cause the completion of the construction of the Improvements if at the end of the Term, and any Extension Periods, the Improvements have not been completed and accepted by the City. (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: City of Fort Worth, Texas Page 4 of 54 Standard Community Facilities Agreement Rev. 9/21 (a) that Developer and City must execute a termination of this Agreement in writing; (b) that Developer will vacate any final plats that have been filed with the county where the Project is located; and (c) to pay to the City all costs incurred by the City in connection with this Agreement, including time spent by the City's inspectors at preconstruction meetings. 9. Award of Construction Contracts (a) Developer will award all contracts for the construction of the Improvements and cause the Improvements to be constructed in accordance with the CFA Ordinance. (b) Developer will employ construction contractors who meet the requirements of the City to construct the Improvements including, but not limited, to being prequalified, insured, licensed and bonded to construct the Improvements in the City. (c) Developer will require Developer's contractors to provide the City with payment and performance bonds naming the City and the Developer as dual obligees, in the amount of one hundred percent (100%) of the cost of the Improvements as required by the CFA Ordinance. The payment and performance bonds shall guarantee construction of the Improvements and payment of all subcontractors and material suppliers. Developer agrees to require Developer's contractors to provide the City with a maintenance bond naming the City as an obligee, in the amount of one hundred percent (100%) of the cost of the Improvements, that guarantees correction of defects in materials and workmanship for the Improvements by the contractor and surety for a period of two (2) years after completion and final acceptance of the Improvements by the City. All bonds must be provided to the City before construction begins and must meet the requirements of the City's Standard Conditions, Chapter 2253 of the Texas Government Code, and the Texas Insurance Code. (d) Developer will require Developer's contractors to provide the City with insurance equal to or in excess of the amounts required by the City's standard specifications and contract documents for developer -awarded infrastructure construction contracts. The City must be named as an additional insured on all insurance policies. The Developer must provide the City with a Certificate of 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. City of Fort Worth, Texas Page 5 of 54 Standard Community Facilities Agreement Rev. 9/21 (g) Developer will not allow Developer's contractors to connect buildings to service lines of sewer and water mains constructed pursuant to this Agreement, if any, until said sewer, water mains and service lines have been completed to the satisfaction of the City. 10. Utilities Developer shall cause the installation or adjustment of utilities required to: (1) serve the Project; and (2) to construct the Improvements required herein. City shall not be responsible for payment of any costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with any of the Improvements to be constructed pursuant to this Agreement. 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 PROPERL Y SAFEGUARD THE WORK, OR ON ACCOUNT OFANY ACT, INTENTIONAL OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID DEVELOPER, ITS CONTRACTORS, SUB -CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, WHETHER OR NOT SUCHINJURIES, DEATH OR DAMAGESARE CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS, SERVANTS, OR EMPLOYEES. (c) DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, SUITS OR CAUSES OF ACTION OF ANY NATURE WHATSOEVER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ON ACCOUNT OF ANY INJURIES OR DAMAGES TO PERSONS OR PROPERTY, INCLUDING DEATH, RESULTING FROM, OR INANY WAY CONNECTED WITH, THE CONSTRUCTION OF THE IMPROVEMENTS CONTEMPLATED HEREIN, WHETHER OR NOT SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE OR IN City of Fort Worth, Texas Page 6 of 54 Standard Community Facilities Agreement Rev. 9/21 PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS, SERVANTS, OR EMPLOYEES. FURTHER, DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES SUFFERED BY THE CITY OR CAUSED AS A RESULT OF SAID CONTRACTORS' FAILURE TO COMPLETE THE WORK AND CONSTRUCT THE IMPROVEMENTS IN A GOOD AND WORKMANLIKE MANNER, FREE FROM DEFECTS, IN CONFORMANCE WITH THE CFA ORDINANCE, AND INACCORDANCE WITH ALL PLANS AND SPECIFICATIONS. 13. Right to Enforce Contracts Upon completion of all work associated with the construction of the Improvements, Developer will assign to the City a non-exclusive right to enforce the contracts entered into by Developer with its contractors, along with an assignment of all warranties given by the contractors, whether express or implied. Further, Developer agrees that all contracts with any contractor shall include provisions granting to the City the right to enforce such contracts as an express intended third party beneficiary of such contracts. 14. Estimated Fees Paid by Developer; Reconciliation Prior to execution of this Agreement, Developer has paid to the City the estimated cost of administrative material testing service fees, construction inspection service fees, and water testing lab fees in the amounts set forth in the Cost Summary section of this Agreement. Upon completion of the construction of the Improvements, the City will reconcile the actual cost of administrative material testing service fees, construction inspection service fees, and water testing lab fees with the estimated fees paid by Developer. If the actual costs of the fees are more than the estimated payments made by the Developer, the Developer must pay the difference to the City before the Improvements will be accepted by the City. If the actual costs of the fees are less than the estimated payments made by the Developer, the City will refund the difference to the Developer. If the difference between the actual costs and the estimated payments made by the Developer is less than fifty dollars ($50.00), the City will not issue a refund and the Developer will not be responsible for paying the difference. The financial guarantee will not be released by the City or 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 - City of Fort Worth, Texas Page 7 of 54 Standard Community Facilities Agreement Rev. 9/21 delivery or by mail, addressed to such party at the address stated below. Any notice so given shall be deemed to have been received when deposited in the United States mail so addressed with postage prepaid: CITY: Development Coordination Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 With copies to: City Attorney's Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 and City Manager's Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 DEVELOPER: Marine Creek Ventures, LLC 405 Golfway West Drive Saint Augustine, FL 32095 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. City of Fort Worth, Texas Page 8 of 54 Standard Community Facilities Agreement Rev. 9/21 18. Independent Contractor It is expressly understood and agreed that Developer and its employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers shall operate as independent contractors as to all rights and privileges and work performed under this Agreement, and not as agents, representatives or employees of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Developer shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer acknowledges that the doctrine of respondeat superior shall not apply as between the City and its officers, representatives, agents, servants and employees, and Developer and its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Developer. It is further understood that the City shall in no way be considered a co -employer or a joint employer of Developer or any employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers of Developer. Neither Developer, nor any officers, agents, servants, employees or subcontractors of Developer shall be entitled to any employment benefits from the City. Developer shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. The City, through its authorized representatives and employees, shall have the sole and exclusive right to exercise jurisdiction and control over City employees. 19. Applicable Law; Venue This Agreement shall be construed under and in accordance with Texas law. Venue shall be in the state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 20. Non -Waiver The failure of the City to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely on any such term or right on any future occasion. 21. Governmental Powers and Immunities. It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities. 22. Headings 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. City of Fort Worth, Texas Page 9 of 54 Standard Community Facilities Agreement Rev. 9/21 Severability In the event that any clause or provision of this Agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not affect any of the remaining provisions hereof. 24. Review of Counsel City and Developer, and if they so choose, their attorneys, have had the opportunity to review and comment on this document; therefore any rule of contract construction or interpretation that would normally call for the document to be interpreted as against the drafting party shall not apply in interpretation of this Agreement, and each section, portion, and provision of this Agreement shall be construed solely on the basis of the language contained therein, regardless of who authored such language. 25. Prohibition on Boycotting Israel Developer acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company with 10 or more full-time employees that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" 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 City of Fort Worth, Texas Page 10 of 54 Standard Community Facilities Agreement Rev. 9/21 into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate against a firearm entity or firearm trade association," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 28. Immigration and Nationality Act Developer shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Developer shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Developer shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Developer employee who is not legally eligible to perform such services. DEVELOPER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY DEVELOPER, DEVELOPER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Developer, shall have the right to immediately terminate this Agreement for violations of this provision by Developer. 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. City of Fort Worth, Texas Page 11 of 54 Standard Community Facilities Agreement Rev. 9/21 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. 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 54 Standard Community Facilities Agreement Rev. 9/21 36. Cost Summary Sheet Project Name: Mansions at Marine Creek Phase 1 CFA No.: CFA16-0079 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 City Project No.: 100178 Total Construction Cost (excluding the fees): Estimated Construction Fees: C. Construction Inspection Service Fee D. Administrative Material Testing Fee E. Water Testing Lab Fee Total Estimated Construction Fees: Financial Guarantee Options, choose one Bond = 100% Completion Agreement = 100% / Holds Plat Cash Escrow Water/Sanitary Sewer= 125% Cash Escrow Paving/Storm Drain = 125% Letter of Credit = 125% Developer's Cost $ 360,818.00 $ 20,475.00 $ 381,293.00 $ 1,154,886.24 $ 1,754,241.50 $ 121,831.95 $ 3,030,959.69 $ 3,412,252.69 $ 84,500.00 $ 6,125.00 $ 300.00 $ 90,925.00 IPRC No.: IPRC 19-0115 Choice Amount (Mark one) $ 3,412,252.69 X $ 476,616.25 $ 3,788,699.61 $ 4,265,315.86 City of Fort Worth, Texas Page 13 of 54 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 DEVELOPER Marine Creek Ventures, LLC Ar 3 Tim Boyce Dana Burghdoff (J 7, 202 9 CDT) Jim Boyce (Jun 7, 2023 17:49 EDT) Dana Burghdoff James Boyce Assistant City Manager President of Development & Construction Date: J u n 7, 2023 Date: Jun 7, 2023 Recommended by: Dwayne Hollars (Jun 7, 202316:52 CDT) Dwayne Hollars Contract Compliance Specialist Development Coordination Approved as to Form & Legality: _ Contract Compliance Manager: Richard A. McCracken (Jun 7, 202317:21 CDT) Richard A. McCracken By signing, I acknowledge that I am the person Sr. Assistant City Attorney responsible for the monitoring and administration of this contract, including M&C No. N/A ensuring all performance and reporting Date: J u n 7 2023 requirements. Form 1295: N/A Rebecca Diane Owen (Jun 7, 2023 17:12 CDT) 4 vd�� F�RT�pdd ATTEST: vim`°s�'.+P Rebecca Diane Owen 000 *=d Development Manager U A �� a���°EX454pb Jannette S. Goodall City Secretary OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Page 14 of 54 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 ® Attachment 4 — Temporary Access Permit and Workspace Agreement ® Location Map ® Exhibit A: Water Improvements Exhibit A-1: Sewer Improvements © Exhibit B: Paving Improvements © Exhibit B-1: Storm Drain Improvements ® Exhibit C: Street Lights and Signs Improvements X❑ Cost Estimates (Remainder of Page Intentionally Left Blank) City of Fort Worth, Texas Page 15 of 54 Standard Community Facilities Agreement Rev. 9/21 ATTACHMENT "I" Changes to Standard Community Facilities Agreement City Project No. 100178 None. City of Fort Worth, Texas Page 16 of 54 Standard Community Facilities Agreement Rev. 9/21 ATTACHMENT "4" TEMPORARY ACCESS PERMIT AND WORKSPACE AGREEMENT FOR MARINE CREEK LAKE PARK ("PERMIT") RECITALS WHEREAS, City owns a certain piece of property known as Marine Creek Lake Park ("Park"), 4700 Huffines Boulevard, Fort Worth, Texas 76135. The location and boundaries of the Park are depicted in Exhibit 1. which is attached hereto and incorporated herein for all purposes as though it were set forth at length. WHEREAS, as part of the Project, Developer requested to install the public storm drain Improvements that are attached to the CFA as Exhibit B-1 ("Storm Drain Improvements") within certain designated portions of the Park. WHEREAS, on June 28, 2016, the Fort Worth City Council approved M&C L-15932, authorizing the requested use of the Park in accordance with the terms and conditions of this Permit. AGREEMENT I. Term a. License Period. The term of this Permit shall be for 180 consecutive days ("License Period"). The License Period shall commence on the fifth business day following the date on which the CFA is executed by the City ("Commencement Date") and shall end at 11:59 P.M. on the 180th day following the Commencement Date ("Expiration Date"). b. Extension of License Period. If Developer fails to complete all obligations hereunder in accordance with this Permit on or before the expiration of the License Period, including, but not limited to, storm drainage infrastructure, Park Trails, Park Improvements, and Park restoration, then Developer agrees to extend the License Period on a month -to -month basis until Developer has completed all obligations pursuant to this Permit. If an extension occurs, then Developer shall pay or cause the City to be paid rent in the amount of $39,409.00 per month, which will be due and payable on or before the first (It) day of each extended License Period. Such rent shall be paid to the City without demand and without offset. 1. The extension of the License Period shall occur and renew automatically each month until Developer receives notice from the City that all of its obligations under the Permit have been completed, which notice the City shall not unreasonably withhold. Notwithstanding anything to the contrary, the City may terminate the extended License Period at any time and for any reason. C. Access. No use of or access to the Park or the Licensed Premises shall be allowed outside of the designated License Period or applicable extension period. Developer's rights in and to the Licensed Premises hereunder shall be strictly limited and shall fully and absolutely terminate and be of no further force and effect at the conclusion of the License Period or applicable extension period. After the License Period or applicable extension period ends, all rights of Developer in and to the Licensed Premises shall, automatically and without the need for any further documentation, fully and unconditionally terminate, whereupon Developer shall have no right of entry or use of the Licensed Premises whatsoever. City of Fort Worth, Texas Page 17 of 54 Standard Community Facilities Agreement Rev. 9/21 II. Consideration a. As consideration for the rights and privileges granted herein, Developer agrees to construct the following in accordance with the terms and conditions of this Permit: (1) at least $12,300.00 of mutually agreed upon park improvements within the Park ("Park Improvements") and (2) two public trails connecting the Developer's adjacent development to the Park's trail system ("Park Trails"). The southern park trail is included in construction plans approved by the Park and Recreation Department. Developer shall submit construction plans for the northern park trail to the Park and Recreation Department by July 15, 2023, which includes a layout, grading, TAS approval, details necessary for implementation. In lieu of a construction document set, an agreed trail alignment (8 feet in width and meeting City standards for construction and ADA requirements) may be reached between Developer and the Park and Recreation Department's Planning and Forestry Division. Upon completion of construction of the trails, Developer shall provide an "as -built" plan set to the City. b. Consideration for any additional use of the Licensed Premises, as hereinafter defined, beyond the initial 180-day License Period will be in accordance with Section I. III. Licensed Premises a. Subject to the terms and conditions set forth in this Agreement and the City Charter and ordinances, for and in consideration of the monetary payments to be made hereunder and the other covenants and promises expressed herein, the City does hereby agree to license to Developer during the License Period the use of the following portions of the Park for the purposes stated herein: 1. A portion of the Park, the description, location, and boundaries of which are depicted in Exhibit 2, which is attached hereto and incorporated herein for all purposes ("Storm Drain Area"), for purposes of constructing and installing the Storm Drain Improvements within the Park and for no other purpose. 2. Portions of the Park, the descriptions, locations, and boundaries of which are depicted in Exhibit 3, which is attached hereto and incorporated herein for all purposes ("Park Trails Area"), for the purpose of constructing a two public trails (North Trail and South Trail) on the Park connecting the Developer adjacent development to the Park's trail system and for no other purpose. 3. A portion of the Park, the description, location, and boundaries of which are depicted in Exhibit 4, which is attached hereto and incorporated herein for all purposes ("Park Improvements Area"), for the purpose of constructing and installing mutually agreed upon Park Improvements. 4. The Storm Drain Area, Park Trails Area, and Park Improvements Area are collectively referred to herein as the "Licensed Premises." 5. Developer's use of the Licensed Premises hereunder shall be solely restricted to Developer's activities on the Licensed Premises and shall not include the use of the Park or the Licensed Premises to serve any activities, including, but not limited to, construction activities, occurring outside of the Licensed Premises. In the event any portion of the Park is occupied or used, either actively or passively, outside of the Licensed Premises, Developer shall be subject to a daily fee of one dollar per square foot for any such area used or occupied. Upon notification by the City, Developer shall immediately cease such use or occupancy and immediately restore any City of Fort Worth, Texas Page 18 of 54 Standard Community Facilities Agreement Rev. 9/21 such Park property in accordance with the applicable provisions set forth in this Agreement. 6. In accessing and using the Licensed Premises, Developer shall comply with all of its obligations and responsibilities under this Agreement and under any and all applicable, federal, state, or local law, rule, or ordinance. IV. Construction of the Storm Drain Improvements, Park Trails, and Park Improvements a. Storm Drain Improvements. Developer shall construct the Storm Drain Improvements in accordance with the requirements set forth in this Permit and the CFA, including, but not limited to, those set forth in Exhibit 13-1 of the CFA and those provision in the CFA relating to financial security and payment and performance bonds. 1. Developer shall conduct a pre -construction meeting with the Director at least three (3) business days prior to initiating any construction or activity for the Storm Drain Improvements (including, but not limited to, any excavation work). The pre -construction meeting shall be for purposes of outlining Developer's plans and schedules regarding: (i) construction of the new Storm Drain Improvements, (ii) minimizing construction impact on vegetation and the Park, in general, and (iii) restoration of all affected parkland and amenities. b. Park Improvements and Park Trails. In addition to any other requirements set forth in this Agreement, any work performed or contract awarded by Developer or its contractors or subcontractors for construction and installation of the Park Trails and Park Improvements shall be subject to the following: 1. Developer will perform all construction in accordance: (i) with a set of plans and specifications pre -approved by City and Developer prior to beginning any construction; (ii) with all applicable laws, ordinances, rules, regulations, and specifications of all federal, state, county, city, and other governmental agencies applicable to the Licensed Premises now or hereafter in effect; (iii) in a good and workman like manner; and (iv) in accordance with industry standards of care, skill, and diligence. 2. Developer shall submit or cause its contractors to submit all required City permit applications to the Director of the Park and Recreation Department or that person's authorized designee ("Director") no more than thirty (30) calendar days prior to commencing work on the Park Trails and Park Improvements. Once approved by that Director, Developer shall submit those permit applications to the City's Planning and Development Department. 3. Developer shall conduct a pre -construction meeting with the Director at least three (3) business days prior to initiating any construction or activity for the Park Trails or Park Improvements (including, but not limited to, any excavation work). The pre -construction meeting shall be for purposes of outlining Developer's plans and schedules regarding: (i) construction of the new Park Trails and Park Improvements, (ii) minimizing construction impact on vegetation and the Park, in general, and (iii) restoration of all affected parkland and amenities. 4. Developer shall do all work and furnish all labor, equipment, and materials necessary to fully complete all the work as provided for in this Permit. City shall not be responsible for any costs associated with this Permit, including, but not limited to, any costs for construction, labor, equipment, or materials. City of Fort Worth, Texas Page 19 of 54 Standard Community Facilities Agreement Rev. 9/21 5. Shall require its contractor to furnish to the City a payment and performance bond in the names of the City and the Developer for one hundred percent (100%) of the contract price of the Park Improvements and Park Trails, and a maintenance bond in the name of the City for one hundred percent (100%) of the contract price of the same for a period of two (2) years from the date of final acceptance by the City insuring the maintenance and repair of the constructed infrastructure during the term of the maintenance bond. This shall survive the expiration or early termination of this Permit and CFA. All bonds must be furnished before work is commenced and meet the requirements of Chapter 2253, Texas Government Code. 6. Developer shall notify City at least three (3) days prior to beginning any construction unless otherwise approved in writing between the parties. 7. City shall have the exclusive right, title, and interest in all permanent improvements constructed by Developer related to the Park Trails and Park Improvements upon written acceptance of such by the Director. In the event that any Park Improvements are purchased by the Developer but not constructed or installed before the expiration or termination of this Permit, then all such right, title, and interest in such Park Improvements shall vest to City upon the expiration or termination of this Permit. 8. All work to be completed under this Agreement for the Park Trails and Park Improvements shall be subject to inspection and approval by the City, which shall not be unreasonably withheld. 9. Approval by City of any plans or designs shall not constitute or be deemed a release of the responsibility and liability of Developer, its agents, servants, employees, contractors, and subcontractors for the accuracy and competency of its designs, working drawings, and specifications or other engineering documents. City, by approving the plans and specifications, assumes no liability or responsibility for the architectural or engineering design or for any defect in any the designs, working drawings, and specifications or other engineering documents, building or improvement constructed from the plans or specifications prepared by Developer, its agents, servants, employees, contractors and subcontractors (it being the intent of the parties that approval by City constitutes approval of only the general design concept of the improvements to be constructed). 10. Developer shall require its design professional to prepare as built drawings based upon final construction and shall submit two copies of these drawings to City, which shall become property of City on the date of submission. i t . With regard to the Park Improvements, Developer shall expend or cause to be expended at least $12,300.00 on mutually agreed upon Park Improvements for the Park. To prove the expenditures required herein, Developer shall submit to the City a final construction spending report along with receipts documenting such expenditures on or before the Expiration Date of this Permit. If Developer fails to expend the full $12,300.00 on the Park Improvements before the Expiration Date, then Developer shall pay to the City the balance within thirty (30) calendar days after the City send written notice to Developer. Expenditures by the Developer on the approved Park Improvements will be applied to offset the required $12,300.00 expenditure on a dollar -per - dollar basis. City of Fort Worth, Texas Page 20 of 54 Standard Community Facilities Agreement Rev. 9/21 V. Acceptance of Licensed Premises a. Developer takes all portions of the Licensed Premises and all appurtenances in "'AS IS" condition without any express or implied warranty on the part of the City. Developer accepts the Licensed Premises in their present condition, finds them suitable for the purposes intended, and further acknowledges that Developer is thoroughly familiar with such condition by reason of personal inspection and does not rely on any representations by the City as to the condition of the Licensed Premises or their suitability for the purposes intended. Developer accepts the Licensed Premises subject to any and all previously recorded easements that may have been granted on, along, over, under, or across said property, and releases the City from any and all damages, claims for damages, loss, or liabilities that may be caused to invitees, licensees, contractors, or trespassers by reason of the exercise of such rights or privileges granted in said easements. Developer's taking possession of the Licensed Premises shall be conclusive evidence that: (a) the Licensed Premises are suitable for the purposes and uses for which same are licensed; and (b) the Developer waives any and all defects in and to the Licensed Premises and all the appurtenances thereto. The Citv shall not be liable to Developer, its agents, emplovees. contractors, subcontractors. invitees, licensees, or guests for anv damage to anv person or nronerty due to the acts or omissions of Developer, its agents. emplovees, contractors, or subcontractors, unless, and to the extent, such damage is caused by the gross negligence or willful misconduct of Citv or its agents, emnlovees. separate contractors, or subcontractors. VI. Use Not Exclusive a. This Permit and all rights granted to Developer herein are strictly non-exclusive. The City reserves the right to enter into and grant other and future licenses, leases, and other authorizations for use of the Park and the Licensed Premises to other persons and entities as the City deems appropriate in accordance with applicable law; provided, however, that in granting subsequent authorization for use, the City will not allow a use that will unreasonably interfere with the Developer's use of the Licensed Premises as provided herein. This Permit does not establish any priority for the use of the Park or the Licensed Premises by the Developer or by any present or future licensees or other permit holders. In the event of any dispute as to the priority of use of the Park or the Licensed Premises, the first priority shall be to the public generally, the second priority to the City in the performance of its various functions, and thereafter, as between licensees and other permit holders, as determined by the City in the exercise of its powers, including the police power and other powers reserved to and conferred on it by the State of Texas. VII. Limitations on Use a. Construction on the Licensed Premises is allowed only between 7:00 A.M. and 6:00 P.M. Monday through Friday. For purposes of this provision, the term "construction," shall include (i) clearing, excavating, compacting, or grading of land; (ii) delivery of any storm drainage infrastructure and any items or materials associated with the Park Trails and Park Improvements; and (iii) operation of heavy equipment, including, but not limited to, a backhoe, backhoe loader, boom truck, bulldozer, compactor, crane, dump truck, excavator, grader, grapple truck, loader, pile driver, power shovel, roller, scraper, tractor, trencher, and tunnel boring machine. b. All Developer equipment and materials shall be placed and maintained solely within the confines of each respective Licensed Premises for which work is being performed. Developer understands and City of Fort Worth, Texas Page 21 of 54 Standard Community Facilities Agreement Rev. 9/21 acknowledges that access to the Licensed Premises shall be accomplished through Developer's adjacent property. VIII. Public Safetv a. Developer shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with Developer's use of the Licensed Premises and the Park. b. At a minimum, Developer shall: (i) install and maintain construction orange mesh fencing and (ii) erect a controlled -access entry in the perimeter construction fencing in the form of chain -link fencing to ensure that unauthorized personnel cannot enter the Licensed Premises. The location of the orange mesh fencing and controlled -access entry within the Licensed Premises shall be determined by the Director. Following installation of the fencing and controlled -access entrance, Developer shall contact the Director to inspect for proper installation. The controlled -access entry fencing shall be kept secure when not in use. At no time shall any fenced area be left open unless staffed by security personnel. C. hi addition, Developer shall provide construction and maintenance signs and sufficient barricades at work sites to protect the public. The use of traffic control devices shall be consistent with the standards and provisions of Part VI of the Texas Manual on Uniform Traffic Control Devices. Developer shall utilize appropriate warning lights at all construction and maintenance sites where one or more traffic lanes are closed or obstructed during nighttime conditions. Developer shall also take all necessary precautions and shall provide all necessary protection to prevent damage, injury, or loss to (a) all persons accessing portions of the Licensed Premises on which any construction is being performed by or on behalf of the Developer; (b) all work performed on or from the Licensed Premises and all materials and equipment to be incorporated therein that are under the care, custody, or control of the Developer, or the Developer's employees, agents, contractors, or subcontractors, regardless of whether such material and equipment is stored on or off the Licensed Premises; and (c) other property on or adjacent to the Licensed Premises. IX. Protection of the Environment a. Developer hereby represents and warrants that it shall not knowingly, nor permit any third party to, use, handle, or store any Hazardous Materials on, under, over, or about Park or the Licensed Premises in violation of any applicable laws. Developer shall not handle or store any Hazardous Materials on the Licensed Premises or the Park, except that the Developer may, in compliance with applicable environmental laws and the terms of this paragraph, use and store Hazardous Materials in such amounts and types that are commonly used in connection with the uses permitted herein, provided, however, that Developer specifically agrees to remove any and all such Hazardous Materials on or before the final day of the License Period. Developer shall not introduce, use, generate, store, accept, or dispose of on, under, or about, transport across, or permit to exist on the Licensed Premises or the Park any "treatment, storage or disposal facility" or "underground storage tank," as those terms are defined under applicable environmental laws. For purposes of this Permit, "Hazardous Materials" shall mean potentially dangerous hazardous wastes, toxic substances, or related materials, including, but not limited to, pollutants; asbestos; polychlorinated biphenyl (PCB); petroleum or other fuels (including crude oil or any fraction or derivative thereof); underground storage tanks, and substances considered hazardous, toxic, or the equivalent pursuant to applicable laws. Any Hazardous Materials used by the Developer on the Licensed Premises shall be posted on site and a list shall be given to City. City of Fort Worth, Texas Page 22 of 54 Standard Community Facilities Agreement Rev. 9/21 b. Developer shall take commercially reasonable steps to avoid creating or aggravating any condition at the Park or the Licensed Premises that could present a threat to human health or to the environment. X. Documenting Condition of Licensed Premises a. Developer must provide Director with videographic documentation of the condition of the Licensed Premises, including any underground utilities, as they exist both before and after the permitted uses hereunder. All such video must include a visible date and time stamp indicating when the videography occurred. Developer must submit documentation of the pre -installation condition prior commencing any work on the Licensed Premises. Post -installation documentation must be submitted no later than five (5) business days after the last day of the License Period. Director will distribute copies of the documentation to all appropriate City personnel to determine whether any damage has been done to the Licensed Premises. XI. Minimizins Impact to Vegetation a. Developer shall not cut or remove any trees on the Licensed Premises unless otherwise specifically permitted by the City. To minimize damage during construction, Developer shall install chain -link fencing on the outside drip line of trees and other vegetation specifically identified by the Director at the above - referenced pre -construction meeting and as outlined in accordance with Exhibit 5, which is attached hereto and incorporated herein for all purposes. Developer shall notify the Director once the tree and vegetation protection measures have been installed and allow the Director an opportunity to inspect the work before construction begins. The City shall have at least two (2) business days following the date on which notice is received to conduct its inspection. The Developer may begin construction after the second (2') business day following the date on which it provided notice to the City unless the City contacts the Developer and identifies specific issues that render the tree and vegetation protection measures unacceptable. b. Developer shall ensure that tree protection fencing remains in place throughout the License Period or any extended License Period. If any tree within the Park is damaged in connection with Developer's operations, Developer agrees to undertake remediation efforts, including paying of remediation costs, in accordance with Exhibit 6, which is attached hereto and incorporated herein for all purposes. Any fencing shall remain in place until such time as the Licensed Premises are restored pursuant to the terms of this Permit. XII. Minimizing Impact to Utilities a. Prior to conducting any work on the Licensed Premise, Developer shall use its best efforts to locate and physically mark all utilities (including, but not limited to, electric lines, waterlines, sewer lines, storm drains and lines, and gas lines) within the Licensed Premises, which shall include but not be limited to, conducting a dig test. With regard to all known water and electric utilities, the Director will work with Developer to locate and physically mark all such utilities within the Licensed Premises. b. If Developer encounters any utility infrastructure (including, but not limited to, electric lines, waterlines, sewer lines, storm drains and lines, or gas lines) in the course of or in connection with Developer's use of the Licensed Premises, the Developer covenants and agrees to cease construction operations and install protective matting over or around such utilities in compliance with specifications approved by the City's Water Department or by the Director. Following installation of the matting, Developer shall contact the Director to arrange for inspection and approval by appropriate City personnel. City of Fort Worth, Texas Page 23 of 54 Standard Community Facilities Agreement Rev. 9/21 C. Developer shall provide the Director with a copy of the matting specifications and the Water Department's inspection report within twenty-four (24) hours of receiving the report from the Water Department and prior to mobilizing its operations on the Park. Developer may begin construction after the date on which it provided the inspection report and specifications to the Director unless the Director contacts Developer and identifies specific issues that render the measures unacceptable. XIII. Restoration and Repairs of Improvements a. To the extent any road, curb, gutter, irrigation system, water line, electrical line, utility line, barricade, fence, or other improvement is destroyed, damaged, removed, or altered in connection with Developer's activities under this Permit, as determined in the sole reasonable discretion of the Director, Developer shall cease all work on the Licensed Premises and immediately contact the Director so that the Director may assess any such issues. Developer shall be responsible and liable for reconstructing, repairing, and restoring any such improvement in a good and workmanlike manner to a condition that is equal to or better than the one in which such improvement existed as of the date this Permit is fully executed, as evidenced by the pre -installation video required under Section X of this Permit. Any restoration required under this section must be completed by Developer and inspected and approved by the Director prior to the expiration of the License Period or the License Period will be extended per Section I. Any certifications or licenses required to perform the work set forth in this Article must be provided to the Director prior to the commencement of such work. XIV. Restoration of Surface and Subsurface of Licensed Premises a. To the extent any portion of the surface or subsurface of the Licensed Premises is damaged or disturbed in connection with Developer's activities under this Permit, as determined by the Director in his sole reasonable discretion, Developer shall restore the surface or subsurface of the Licensed Premises by: (i) aerating the soil using a heave -action aerator with six -to -eight inch tines to address compaction caused during the process of installing the sanitary sewer lines and any associated infrastructure; (ii) replanting with Common Bermuda sod in accordance with the sod specifications outlined in the attached Exhibit 7, which is attached hereto and incorporated herein for all purposes; and (iii) watering the sodded areas as needed until the vegetation is established and has been approved and accepted by the Director. Prior to planting, Developer shall provide the Director with documentation certifying the type and quality of the materials to be planted. All planting must be inspected by the Director prior to planting by the Developer. The Director may, in exercise of reasonable discretion, reject any plant material that does not meet the requirements of this section or Exhibit 7 or is otherwise unacceptable for one or more specific, clearly identified reasons. Any restoration required under this section must be completed by Developer in compliance with the specifications set forth in this section and the attached exhibits and inspected and approved by the Director, which approval shall not be unreasonably withheld, prior to the expiration of the License Period or the License Period will be extended per Section I. XV. Discretionary Limited Access to Care for and Establish Vegetation a. Developer may request limited access to the Licensed Premises to water, care for, and establish replacement vegetation required under Section XIII ("Limited Access"). A request for Limited Access must be made in writing and delivered to the Director at least ten (10) calendar days prior to the expiration of the License Period or extended License Period. Replacement vegetation or seed must be in place at the City of Fort Worth, Texas Page 24 of 54 Standard Community Facilities Agreement Rev. 9/21 time the request is made. b. Director may, in its reasonable discretion, authorize Limited Access for a period not to exceed two weeks from the expiration of the License Period or extended License Period. During the Limited Access period, no Developer materials or equipment may remain on the Licensed Premises with the exception of irrigation directly involved in irrigation and temporary fencing used to protect areas being restored. Developer's use of the Licensed Premises under Limited Access in accordance with this Section shall not invoke any additional extended License Period beyond that which already exists at the time that Limited Access is granted. XVI. Removal of Excavated Materials a. Developer shall not excavate, drill, dig, or allow any significant erosion of the Licensed Premises. To the extent that such does occur, Developer shall, in addition to any other requirements set forth in this Permit, ensure that all drilling mud spoils and all excess material excavated by or for Developer will be properly disposed of within twenty-four (24) hours of excavation unless such material is stored in a containment facility. Material stored in a containment facility may remain on the Licensed Premises no longer than ten (10) calendar days following the date of excavation. XVII. Liabilitv; INDEMNIFICATION. a. Developer agrees to pay City for all damages suffered or incurred by City, either directly or indirectly, as a result of any operations on or from the Licensed Premises conducted for or by Developer, its agents, employees or representatives, including, but not limited to, all damage or injury to standing or fallen timber, buildings, fences, equipment, and all other property, whether real or personal, except to the extent such damage is caused by the gross negligence or willful misconduct of City or its agents, employees, separate contractors, or subcontractors. b. DEVELOPER'S RELEASE AND INDEMNIFICATION REQUIREMENTS SET FORTH IN THE CFA, WHICH INCLUDE, BUT ARE NOT LIMITED TO, SECTIONS K, M, AND N OF THE CIA, ARE HEREBY INCORPORATED INTO THIS PERMIT BY REFERENCE AS IF SET OUT IN FULL. DEVELOPER AGREES TO ABIDE BY SUCH RELEASE AND INDEMNIFICATION REQUIREMENTS IN THE PERFORMANCE OF THIS PERMIT. C. Developer covenants and agrees that City shall in no way or under any circumstances be responsible for any property belonging to Developer, its members, employees, agents, contractors, subcontractors, invitees, licensees, or trespassers that may be stolen, destroyed, or in any way damaged, and Developer HEREBY INDEMNIFIES AND HOLDS HARMLESS CITY FROM ANY AND ALL SUCH CLAIMS, except to the extent such damage is caused by the gross negligence or willful misconduct of City or its agents, employees, separate contractors, or subcontractors. City does not guarantee police protection and will not be liable for any loss or damage sustained by Developer, its members, employees, agents, contractors, subcontractors, invitees, licensees, or trespassers on any of the Premises. d. Developer agrees that City shall not be liable for any loss, injury or damage whatsoever suffered or incurred by Developer or Developer's agents, employees or representatives while on the Licensed Premises, except to the extent such damage is caused by the gross negligence or willful misconduct of City or its agents, employees, separate contractors, or subcontractors. City of Fort Worth, Texas Page 25 of 54 Standard Community Facilities Agreement Rev. 9/21 XVIII. Insurance a. Dutv to Acquire and Maintain 1. Developer shall ensure that a policy or policies of insurance are procured and maintained at all times, in full force and effect, to provide coverages of the types and amounts specified herein, naming the City as an additional insured and covering all public risks related to the use, occupancy, condition, maintenance, existence, or location of the Park and the construction, installation, operation, maintenance, repair, reconstruction, or condition of the pipeline. The insurance required hereunder may be met by a combination of self-insurance and primary and excess policies. Developer shall provide proof of all requirements stated herein to the City prior to beginning any work pursuant to this Permit. b. Tvves and Amounts of Coverage Required Commercial General Liabilitv: $1,000,000.00 per occurrence, $2,000,000.00 aggregate, including coverage for the following: (i) Premises Liability; (ii) independent contractors; (iii) products/completed operations; (iv) personal injury; (v) contractual liability; (vi) explosion, collapse, and underground property damage 2. Property Damage Liabilitv: $ 1,000,000.00 per occurrence Umbrella Pohcv $5,000,000.00 4. Environmental Impairment Liabilitv (EIL) &/or Pollution Liabilitv i. $5,000,000.00 per occurrence ii. $10,000,000.00 aggregate Automobile Liabilitv: $1,000,000.00 per accident, including, but not limited to, all owned, leased, hired, or non -owned motor vehicles used in conjunction with the rights granted under this Permit Worker's Compensation: As required by law Emplover's Liabilitv: $1,000,000.00 per accident City of Fort Worth, Texas Page 26 of 54 Standard Community Facilities Agreement Rev. 9/21 Revisions to Required Coverage 1. At the reasonable recommendation of the City's Risk Manager, the City may at any time revise insurance coverage requirements and limits required by this Permit. Developer agrees that within thirty (30) days of receipt of written notice from the City, Developer will implement all such revisions requested by the City. Policies shall not have exclusions that nullify or alter the required lines of coverage, or decrease the limits of said coverages required by this Permit, unless such endorsements are approved in writing by the City. The policy or policies of insurance shall be endorsed to provide that no material changes in coverage, including, but not limited to, cancellation, termination, non -renewal, or amendment, shall be made without thirty (30) days' prior written notice to the City. d. Underwriters and Certificates 1. Developer shall procure and maintain its insurance with underwriters who are authorized to do business in the State of Texas and who are acceptable to the City in terms of solvency and financial strength. Within ten (10) business days following execution of this Permit, Developer shall furnish the City with certificates of insurance signed by the respective companies as proof that it has obtained the types and amounts of insurance coverage required herein. In addition, Developer shall, on demand, provide the City with evidence that it has maintained such coverage in full force and effect. Deductibles 1. Deductible or self -insured retention limits on any line of coverage required herein shall not exceed $500,000.00 in the annual aggregate unless the limit per occurrence or per line of coverage, or aggregate is otherwise approved by the City. f. Waiver of Subrogation 1. Developer shall require any of its contractors' worker's compensation policies to contain a waiver of subrogation endorsement in favor of the City. g. No Limitation of Liability 1. The insurance requirements set forth in this section and any recovery by the City of any sum by reason of any insurance policy required under this Permit shall in no way be construed or affected to limit or in any way affect Developer liability to the City or other persons as provided by this Permit or law. XIX. Prohibition Against Liens a. Developer shall not do any act or make any contract that may be purported to create or be the foundation of any lien on or any interest in the Licensed Premises or the Park. Any such act, contract, or lien attempted to be created shall be void. Should any purported lien on the Licensed Premises be created or filed, the Developer shall, at its sole expense, liquidate and discharge same within ten (10) business days after notice from the City to do so. City of Fort Worth, Texas Page 27 of 54 Standard Community Facilities Agreement Rev. 9/21 XX. Notices a. All notices required or permitted under this Permit shall be conclusively determined to have been delivered when (i) hand -delivered to the other party, its agent, employee, servant, or representative, or (ii) received by the other party by reliable overnight courier or United States Mail, postage prepaid, return receipt requested, at the address stated below or to such other address as one party may from time to time notify the other in writing. To THE CITY: DEVELOPER Director Marine Creek Ventures, LLC Park and Recreation — City of Fort Worth 405 Golfway West Drive 4200 South Freeway, Ste 2200 Saint Augustine, FL 32095 Fort Worth, TX 76115 With a copy to: Department of Law City of Fort Worth 200 Texas St Fort Worth, TX 76102 XXI. Independent Contractor a. It is expressly understood and agreed that Developer shall operate as independent entity in each and every respect hereunder and not as an agent, representative, or employee of the City. Developer shall have the exclusive control and the exclusive right to control all details and day-to-day operations and activities relative to operation of the Developer and installation of the sanitary sewer service line and any associated infrastructure and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. Developer acknowledges that the doctrine of respondent superior shall not apply as between the City and Developer, its officers, agents, servants, employees, contractors, subcontractors, licenses, and invitees. Nothing contained in this Permit shall be construed as the creation of a partnership or joint enterprise between the City and Developer. XXII. Prohibition Against Assienment a. The Developer may not sell, assign, or otherwise transfer any of its rights or obligations under this Permit without the prior, written consent of the City. Any such attempted assignment without the City's consent shall be void. XXIII. Compliance with Laws and Reeulations a. In operating under this Permit, Developer agrees to comply with all applicable federal, state, and local laws, regulations, and ordinances, including all City ordinances, charter provisions, and rules, regulations, and requirements of the City's Police, Fire, Code Compliance, Transportation and Public Works, and Health Departments. City of Fort Worth, Texas Page 28 of 54 Standard Community Facilities Agreement Rev. 9/21 b. Developer will not knowingly do or suffer to be done anything on said Licensed Premises during the terms of this Permit in violation of the laws, statutes, ordinances, rules, regulations, charter provisions, directives or requirements referenced in this Permit. If the City calls the attention of Developer to any such violation on the part of said Developer or any person employed by or admitted to said Licensed Premises by Developer, Developer will immediately (or otherwise as soon as reasonably possible) desist from and correct such violation and/or vacate the Licensed Premises. XXIV. Taxes a. Developer acknowledges and agrees that it shall be solely responsible for paying all taxes assessed or imposed by any governmental entity in connection with the construction, installation, operation, maintenance, repair, or reconstruction of the pipeline and with the use of the Licensed Premises or other City property related to activities within the scope of this Permit. XXV. Third Parties a. Nothing in this Permit shall be construed in any manner to create a cause of action for the benefit of any person not a party to this Permit, or to create any rights not otherwise existing at law for the benefit of any person not a party to this Permit. Nothing in this Permit shall be deemed to constitute a waiver of any immunity or affirmative defense that may be asserted by Developer or the City as to any claim of any third party. XXVI. Force Maieure. Homeland Securitv a. If either party is unable, either in whole or part, to fulfill its obligations under this Permit due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; wars; blockades; insurrections; riots; epidemics; public health crises; earthquakes; fires; floods; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any state; declaration of a state of disaster or of emergency by the federal, state, county, or City government in accordance with applicable law; issuance of an Imminent Threat Alert or Elevated Threat Alert by the United States Department of Homeland Security or any equivalent alert system that may be instituted by any agency of the United States; any arrests and restraints; civil disturbances; or explosions; or some other reason beyond the party's reasonable control (collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure Event will be suspended only during the continuance of such event. If a Force Majeure Event occurs, the City may, in its sole discretion, close or postpone the opening of its community centers, parks, or other City -owned and operated properties and facilities in the interest of public safety and operate them as the City sees fit. XXVII. Headings a. The section headings contained herein are solely for convenience in reference and are not intended to define or limit the scope of any provision of this Permit. City of Fort Worth, Texas Page 29 of 54 Standard Community Facilities Agreement Rev. 9/21 XXVIII. Choice of Law: Venue a. This Permit shall be governed by and construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Permit, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas - Fort Worth Division. XXIX. Governmental Powers a. It is understood and agreed that by execution of this Permit, City does not waive or surrender any of its governmental powers or immunities. XXX. Authorization a. By executing this Permit, Developer's agent affirms that he or she is authorized by Developer to execute this Permit and that all representations made herein with regard to Developer's identity, address and legal status (corporation, partnership, individual, etc.) are true and correct. XXXI. CFA and Permit a. It is understood and agreed between the City and Developer that the terms and conditions of the Permit are in addition to those set forth in the CFA. To the extent that there is a conflict between the terms of this Permit and the CFA, then this Permit shall control. XXXII. Entiretv of Agreement a. This instrument (including all attachments, schedules, and exhibits attached hereto) constitutes the entire understanding and agreement of the City and Developer as to use of the Licensed Premises and the Park. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with the terms and conditions of this Permit. This Permit shall not be amended unless agreed to in writing by both parties. City of Fort Worth, Texas Page 30 of 54 Standard Community Facilities Agreement Rev. 9/21 EXHIBIT 1 PARK Marine Creek Lake Park City of Fort Worth, Texas Page 31 of 54 Standard Community Facilities Agreement Rev. 9/21 11M, IM, .P 11T TV ll.Ll. I' L01` 1. kLOCK 2, RBII VIGIN MAP GRAPHIC 5CkF U 35' PERMANENT STORM DRAINAGE MAINTENANCE AREA 26,925 SQ. FT. / 0.618 AC. OFF SHADYDELL DRIVE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS Being a 26,925 square foot tract of land situated over and across a tract of land conveyed to the City of Fort Worth, by Deed recorded in Volume 7226, Page 721, Deed Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a 6f8 inch iron rod found for corner lying in the Southeast right-of-way tine of Shadydell Drive (60 foot right-of-way) and the West corner of Lot 3, Block 3 of Marine Creek Apartments, an Addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat thereof recorded in Cabinet A, Slide 8820, Tarrant County, Texas, said corner also being the Northwest corner of said City of Fort Worth tract; Thence South 68 degrees 07 minutes 25 seconds East, along the Southwest fine of said Lot 3, B[ock 3, a distance of 25.15 feet to the POINT OF BEGINNING; Thence South 68 degrees 07 minutes 25 seconds East, along the Southwest line of said Lot 3, Block 3, a distance of 216.08 feet to a 1/2 inch iron rod found for corner; Thence South 79 degrees 37 minutes 24 seconds East, along the Southwest line of said Lot 3, Block 3, a distance of 167.19 feet to a point for corner; Thence over and across said City of Fort Worth tract the following bearings and distances South 34 degrees 56 minutes 28 seconds East, a distance of 110.44 feet to a point for corner; South 27 degrees 37 minutes 28 seconds East, a distance of 338.39 feet to a point for corner; North 73 degrees 02 minutes 35 seconds West, a distance of 33.03 feet to a point for corner; North 89 degrees 42 minutes 48 seconds West, a distance of 4.53 feet to a point for corner; South 44 degrees 35 minutes 46 seconds West, a distance of 7.85 feet to a point for corner; North 27 degrees 37 minutes 28 seconds West, a distance of 313.25 feet to a point for corner; North 34 degrees 56 minutes 28 seconds West, a distance of 93.82 feet to a point for corner; North 79 degrees 37 minutes 24 seconds West, a distance of 156.33 feet to a point for corner; North 68 degrees 07 minutes 25 seconds West, a distance of 151.56 feet to a point for corner; North 40 degrees 54 minutes, 16 seconds West, a distance of 75.52 feet to the POINT OF BEGINNING and containing 26,925 squa tr e . !f$" of land. _k J.R. JANUARY i ....................... . ;.q 5382 510 HERITAGE SURVEYING, INC. Bearings are based an the Southeast Job# 1404771-IPDME A���TEXAS io610 Metric Drive, Suite 124, Dallas, TX 75243 right-of-way line of Shadydell Drive per plat Date: o4/28/2o16 Office 274-340-97oo Fax 214-340-9710 recorded as Marine Creek Apartrnents Drawn: CN e.com txherita g recorded in Cabinet A, Slide 8820, Plat Page t of 2 Firm #iot69300 Records, Tarrant County, Texas. (N49°05'44"E) Scale: i" -1oo'/ City of Fort Worth, Texas Page 33 of 54 Standard Community Facilities Agreement Rev. 9/21 f 35' PERMANENT STORM DRAINAGE MAINTENANCE AREA 26,925 SQ. FT. / 0.618 AC. OFF SHADYDELL DRIVE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS WO" IRF LOT 3, BLOCK 3 O oQ. �p O� MARINE CREEK APARTMENTS 5 518, M 0P CAB. A, SLIDE 8820 r ^� �„ 7 P.R.T.C.T. e 51°WlT E 0.76' TO 51B" IRF FoR REFERENCE 1 1W IRF PERMANENT DRAINAGE MAINTENANCE EASEMENT L44 LINE TABLE CITY OF FORT WORTF VOL. 7226, PG. 721 LINE # LENGTH DIRECTION D..R.T C.T. L35 216-08' S68"07'25"E L36 167.19' S79'37'24"E L37 110,44' S34°56'28"E L38 336.39' S27°37'28"E L39 33.03' N73'02'35"W L40 I 4.53' N89142148"W L41 7.85' S44"35'46"W L42 313,25' N27"37'28"W av L43 93.62' N34°56'28"W w� L44 156.33' N79°37'24"W s L45 151.56' N68°07'25"W L46 76.52' N40'54'16"W L47 25.15' 568"07'25"E 100 50 0 50 100 150 200 SCALE-1"=100 TEXAS HERITAGE SURVEYING, INC. to610 Metric Drive, Suite 124, Dallas, TX 75243 Woo�� Office 214-340-97oo Fax 214-340.9710 txheritage.cam Firm #lo1693oo City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 ----d WIRF (CM) A� CITY OF FORT WORTH 35' PERMANENT VOL. 7226, PG. 721 STORM DRAINAGE D.R.T.C.T. MAINTENANCE AREA 26,925 SO.FT. 0.618 AC. i LEGEND 1 CM CONTROLLING MONUMENT IRF IRON ROD FOUND 'SQ.FT SQUARE FEET R.QW. RIGHT-OF-WAY P.R.T.C.T PLAT RECORDS, TARRANT CO UNTY, TEXAS M.R.T.C.T. MAP RECORDS, TARRANT COUNTY, TEXAS Bearings are based on the Southeast Job# 1404771-1 PDME right-of-way line of Shadydeli Drive per plat Date: 04128/2016 recorded as Marine Creek Apartments Drawn: CN recorded In Cabinet A, Slide 8820, Plat Page 2 of 2 Records, Tarrant County, Taxes. (N49°05'44"E) Scale: 111 -1oo:or Page 34 of 54 J 50' TEMPORARY CONSTRUCTION ACCESS AREA 39,409 SQ.FT. / 0.90 AC. OFF SHADYDELL DRIVE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS Being a 39,409 square foot tract of land situated over and across a tract of land conveyed to the City of Fort Worth, by Deed recorded in Volume 7226, Page 721, Deed Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: COMMENGING at a 5/8 inch iron rod found for corner lying in the Southeast right-of-way line of Shadydell Drive (60 foot right-of-way) and the West corner of Lot 3, Block 3 of Marine Creek Apartments, an Addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat thereof recorded in Cabinet A, Slide 8820. Tarrant County, Texas, said corner also being the Northwest corner of said City of Fort Worth tract; Thence South 68 degrees 07 minutes 25 seconds East, along the Southwest line of said Lot 3, Block 3, a distance of 25.15 feet to the POINT OF BEGINNING; Thence South 68 degrees 07 minutes 25 seconds East, along the Southwest line of said Lot 3, Block 3, a distance of 216.08 feet to a 112 inch iron rod found for corner; Thence South 79 degrees 37 minutes 24 seconds East, along the Southwest line of said Lot 3, Block 3, a distance of 188.52 feet to a point for corner; Thence over and across said City of Fort Worth tract the following bearings and distances South 34 degrees 56 minutes 28 seconds East, a distance of 96.24 feet to a point for corner, South 27 degrees 37 minutes 28 seconds East, a distance of 175.75 feet to a point for corner, North 62 degrees 22 minutes 32 seconds East, a distance of 20.00 feet to a point for corner; South 27 degrees 37 minutes 28 seconds East, a distance of 90.00 feet to a point for corner; South 62 degrees 22 minutes 32 seconds West, a distance of 20.00 feet to a point for corner; South 27 degrees 37 minutes 28 seconds East, a distance of 64.37 feet to a point for corner; South 79 degrees 21 minutes 56 seconds East, a distance of 35.83 feet to a point for corner; South 10 degrees 13 minutes 07 seconds West, a distance of 19,32 feet to a point for corner; North 66 degrees 07 minutes 29 seconds West, a distance of 5.90 feet to a point for corner; North 80 degrees 54 minutes 48 seconds West, a distance of 18.80 feet to a point for corner; North 73 degrees 02 minutes 35 seconds West, a distance of 50.63 feet to a point for corner; North 89 degrees 42 minutes 48 seconds West, a distance of 4.53 feet to a point for corner; South 44 degrees 35 minutes 46 seconds West, a distance of 21,03 feet to a point for corner; TEXAS HERITAGE SURVEYING, INC. Bearings are based on the Southeast Job# 1404771-iTCE ,jo11 1o610 Metric Drive, Suite 124, Dallas, TX 75249 right-of-way line of Shedydell Drive per plat Marine creek Apartments pate: 0412712016 � Office 214-340-970o Fax 214-340-9710 recorded as Drawn: CN txherfta e.com g recorded in Cabinet A, Slide 8820, Plat Records, Tarrant County, Texas. Page 1 of g 4 Firm #1 o169300 (N49°0644^E) Scale: l a -1o0I City of Fort Worth, Texas Page 35 of 54 Standard Community Facilities Agreement Rev. 9/21 r 50' TEMPORARY CONSTRUCTION ACCESS AREA 39,409 SQ.FT. 10.90 AC. OFF SHADYDELL DRIVE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS South 09 degrees 36 minutes 17 seconds West, a distance of 19.24 feet to a point for corner; South 07 degrees 06 minutes 14 seconds East, a distance of 21.62 feet to a point for corner; South 24 degrees 25 minutes 45 seconds East, a distance of 7.31 feet to a point for corner; South 36 degrees 09 minutes 05 seconds East, a distance of 16.05 feet to a point for corner; South 39 degrees 50 minutes 52 seconds East, a distance of 13.93 feet to a point for corner; South 31 degrees 44 minutes 51 seconds East, a distance of 8.69 feet to a point for corner; South 62 degrees 17 minutes 21 seconds West, a distance of 13.77 feet to a point for corner; North 27 degrees 42 minutes 39 seconds West, a distance of 72.30 feet to a point for corner; North 19 degrees 57 minutes 11 seconds East, a distance of 54.33 feet to a point for corner; North 27 degrees 37 minutes 28 seconds West, a distance of 86.13 feet to a point for corner; South 62 degrees 22 minutes 32 seconds West, a distance of 50.00 feet to a point for corner; North 27 degrees 37 minutes 28 seconds West, a distance of 40.00 feet to a point for corner; North 62 degrees 22 minutes 32 seconds East, a distance of 50.00 feet to a point for corner; North 27 degrees 37 minutes 28 seconds West, a distance of 163.23 feet to a point for corner, North 34 degrees 56 minutes 28 seconds West, a distance of 93.82 feet to a point for corner; North 79 degrees 37 minutes 24 seconds West, a distance of 156.33 feet to a point for corner; North 68 degrees 07 minutes 25 seconds West, a distance of 151.56 feet to a point for corner; North 40 degrees 54 minutes 16 seconds West, a distance of 76.52 feet to the POINT OF BEGINNING and containing 39,409 square feet or 0.9., acre of land. :;1 F I-q +f:4Z o. U ti.................:... JI�Nr'\RY J.R. January, L.S. 5382 of ,',� TEXAS HERITAGE SURVEYING, INC. Bearings are based on the Southeast Jpb# 1404771-1TCE IDate: 0 10610 Metric Drive, Suite 124, Dallas, TX 75243 recorded as Marine Creek Apartments 4l�71zo16 flight -of -way lse of Shadydeil Drive per plat o- 10 Office 214-340-9700 Fax 214-34 97 Drawn. CN recorded in cabinet A, slide 8820, Plat g NO pa a z of txherttage.com Records, Tarrant County, Texas. 4 Firm #1o169300 (N49°05144"E) Scale. 1" -100" , City of Fort Worth, Texas Page 36 of 54 Standard Community Facilities Agreement Rev. 9/21 r 50' TEMPORARY CONSTRUCTION ACCESS AREA 39,409 SQ.FT. / 0.90 AC. OFF SHADYDELL DRIVE !CITY OF FORT WORTH, TARRANT COUNTY, TEXAS V ua^ IRF % � o- LOT 3, BLOCK 3 MARINE CREEK �? B. PS APARTMENTS POC POB CAB. A, SLIDE 8820 P.R.T.C.T. 433 CITY OF FORT WORTH VOL.7226, PG. 721 D.R.T.C.T. 616'RFFOR REFERENCr Q% TEMPORARY CONSTRUCTION ONSTR CTI A A 39,409 SQ.FT. 0.90 AC. 100 50 0 50 100 150 200 LEGEND; SCALE - 1" = 100 CM CONTROLLING MONUMENT IRF IRON ROD FOUND SQ.FT SQUARE FEET R.O.W. RIGHT-OF-WAY D.R.T.C.T DEED RECORDS, TARRANT COUNTY, TEXAS P.R.T.C.T. PLAT RECORDS, TARRANT COUNTY, TEXAS of TEXAS HERITAGE SURVEYING, INC. 1o610 Metric Drive, Suite 124, Dallas, TX 75243 Office 214-340-970o Fax 214-340-9710 txheritage.com Firm #1o169300 112" IR (CM) CITY OF FORT WORTH VOL, 7226. PG. 721 D.R.T.C.T. 00 L�4 L11 L1 L16 L12 L13 Ll-'-L18 L20 L23 L21 Bearings are based on the Southeast right-of-way line of Shadydell Drive per plat recorded as Marine Creek Apartments recorded In Cabinet A, Slide 8820, Plat Records, Tarrant County, Texas. (N49°05-44"E) 1 Job# 140477i-1TCE Date: 04/2712016 Drawn: CN Page 3 of 4 Scale: ill - ioo; City of Fort Worth, Texas Page 37 of 54 Standard Community Facilities Agreement Rev. 9/21 >r 50' TEMPORARY CONSTRUCTION ACCESS AREA 39,409 SQ.FT. / 0.90 AC. OFF SHADYDELL DRIVE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS TEMPORARY CONSTRUCTION EASEMENT LINE TABLE LINE # LENGTH DIRECTION L1 25.15' S68"07'25"E L2 216.08' S68"07'25"E L3 188.52' S79"37'24"E L4 96.24' S34"56'28"E L5 175.75' S27"3728"E L6 20.00' N62°22'32"E L7 90.00' S27°37'28"E L8 20.00' S62"22'32"W L9 64,37' S27"37'28"E L10 35.83' S79"21'56"E 1-11 19.32' S10"13'07"W L12 5.90, N66'07'29"W L13 18.80' N80"54'48"W L14 50.63' N73'02'35"W L15 4.53' N89"42'48"W L16 21.03' S44"35'46"W L17 19.24' S9°36'17"W L18 21.62' 57"05'14" E L19 7.31' S24"25'45"E L20 16.05' S36"09'05"E TEMPORARY CONSTRUCTION EASEMENT LINE TABLE LINE # LENGTH DIRECTION L21 13.93' S39"50'52"E L22 8.69, S31"44'51"E L23 13.77' S62°17'21"W L24 72,30' N27"42'39"W L25 54.33' N19"57'11"E L26 86.13' N27°37'28"W L27 50.00' S62"22'32"W L28 40.00' N27"37'28"W L29 50,00' N62"22'32"E L30 163.23' N27°37'28"W L31 93.82' N34"56'28"W L32 156.33' N79"37'24"W L33 151.56' N68'07'25"W L34 76.52' N40"54'16"W OL TEXAS HERITAGE SURVEYING, INC. Bearings are based on the Southeast JOb# 1404771-1TCE 1o6f o Metric Drive, Suite 124, Dallas, TX 75243 right-of-way line of Shadydell Drive per plat Marine Greek Apartmeni6 Date: 04/27/2o16 Office z14-3400- g700 Fax 214 340 9770 recorded as Drawn: CN fteritaa g recorded in Cabinet A, Slide 8820, Plat Records, Tarrant County, Texas. e g 4 0f 4 Firm #lo169300 (N49°05'44"E) Scale: l"- too;/ City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 Page 38 of 54 EXHIBIT 3 PARK TRAILS AREA South Trail Marine Creek Lake Park Approximate location of new trail to be constructed within this 110 foot x 680 foot area. North Trail City of Fort Worth, Texas Page 39 of 54 Standard Community Facilities Agreement Rev. 9/21 Marine Creek Lake Park Approximate location of new trail to be constructed in this 1,551 foot x 215 foot area. i City of Fort Worth, Texas Page 40 of 54 Standard Community Facilities Agreement Rev. 9/21 EXHIBIT 4 PARK IMPROVEMENTS AREA Marine Creek Lake Park City of Fort Worth, Texas Page 41 of 54 Standard Community Facilities Agreement Rev. 9/21 �1 8" M: 1 N.T.S. Tree protection fencing shall be orange mesh or chain link and installed at the edge of travel way �Q`"Y or PM Wom.'EW SCALE: N.T.S. PARKS AND CCMMUNITY TREE ROOT PROTECTION DETAIL qF. SERVICES DEPT. FILE NO. OOO 0 Trench is located at L, Ole cd4,,c of drip firic. 6 x 6 Timber Matting 'It ................................. /m ......................................... "AmB AND cOmmuNITY TREE PROTECTION TRENCH DETAIL SEwaccS DE". Cliain link renoe or wrappi np, trunk or the tree with .r'%-V' stud~ asi approved by the City Fomstc r F11-F NO, We EXHIBIT 6 DAMAGE TO CITY TREES NO PRUNING OF ANY CITY TREE SHALL BE PERMITTED, UNLESS SPECIFIED OTHERWISE IN THESE SPECIFICATIONS. Severe damage to trees will result in replacement or compensation of trees by the DEVELOPER. Failure to replace damaged trees shall be considered a breach of contract and DEVELOPER shall be assessed for damages. Slight or moderate damage to trees will result in assessment of damages. ASSESSMENT OF DAMAGES TO TREES 1.1. Developer will check trees in the Licensed Premises before contract work begins, any damage will be noted and reported to the Director. 1.2. The Director may conduct random checks of the trees during the License Period. 1.3. A check of all trees may be made at the end of the License Period. The City Forester, Director, and Developer will attend the inspection. 1.4. Damages shall be documented by memo to the City Forester with copy to contract file and the Contractor. 1.5. Developer may have the option of replacement or payment for severely damaged trees at a location to be designated by PACS. Replacement shall be made on caliper inch per caliper inch basis with a minimum size of replacement tree of 2" in caliper for trees damaged or removed less than 30" diameter at breast height (DBH) and 2" per inch on trees 30" DBH or greater. Developer shall be responsible for any planting, watering, mulching and maintenance of replacement trees for a period of not less than 2 years. Developer shall compensate the City at a rate of $200 per caliper inch for any tree that does not survive the 2 year establishment period. 1.6. Slight Damage shall be defined as damage, in the opinion of the City Forester, that may heal. Examples include, but are not limited to, scaring of the trunk into the cambial layer %" to 2" in width but less than 1/3 trunk circumference or breaking of limbs less than 2" in diameter or limbs less than 1/3 trunk caliper, whichever is less. Slight damage shall also include removal or lying down of protective tree fencing prior to the end of construction, storing equipment or supplies within the critical root zone (CRZ), or disposing of paint or concrete within the CRZ but not closer to the trunk than 50% radius of the CRZ. Slight damage to trees shall be assessed at a rate of $100.00 for each instance. For each day that tree fencing is not properly placed, equipment or supplies are stored within CRZ, or fill is stored within the CRZ, shall be considered one instance. 1.7. Moderate damage shall be defined as damage, in the opinion of the City Forester, that contributes to the poor health and reduced longevity of the tree, and examples include, but are not limited to, scaring of the trunk into the cambial layer greater than 2" but less than 1/3 of the trunk circumference or breaking of limbs more than 2" in diameter but less than 1/3 trunk caliper. Moderate damage shall also include compaction of soil, grading or filling in 20% of the CRZ on one of four sides but outside the 50% radius of the CRZ, or disposing of paint or concrete within 50% radius of the CRZ. Moderate damages shall be calculated at a rate of/z the assessed value of the tree per each instance of damage. 1.8. Severe damage or removal of trees is subject to a penalty of $200 per diameter inch of trees removed or damaged for trees less than 30" DBH and $400 per diameter inch of trees 30" DBH or greater. Severe damage or removal shall include, but is not limited to, scaring of the trunk to the cambial layer greater than 1/3 the trunk circumference, uprooting or causing a tree to lean, or damage to a scaffolding branch or branch greater than 1/3 of trunk caliper. Severe damage shall also include City of Fort Worth, Texas Page 44 of 54 Standard Community Facilities Agreement Rev. 9/21 compaction of soil, grading or filling more than 20% of the CRZ, or within 50% radius of the CRZ or on more than one of 4 sides. Cutting 1/3 of the buttress roots within 3 times the distance of the DBH of the trunk, or cutting 4 roots 4" or greater in diameter within 4' of the trunk shall also be considered severe damage. 1.9. Branches shall be measured at the point of attachment or at the lateral to which the branch would be pruned back to according to ANSI standards. Trees caliper shall be measured according to accepted industry standards. Trees greater than 6" in caliper shall be measured using DBH. Trees that must be removed due to damage caused by Developer shall be removed by the Parks and Community Services Department's Forestry Section Tree Removal Contractor at Developer's expense. 1.10 All damages shall be paid to the City Tree Fund. Failure to replace or pay for damaged trees shall result in a breach of contract and Developer will be automatically assessed damages. Damages as described herein shall be deducted from payments otherwise due to Developer. 1.11 Remediation costs assessed hereunder constitute contractual damages intended to compensate the City, as property owner, and have no bearing on whether or to what extent any fines may be due under the Urban Forestry Ordinance of the Fort Worth Zoning Ordinance. City of Fort Worth, Texas Page 45 of 54 Standard Community Facilities Agreement Rev. 9/21 EXHIBIT 7 SEEDING AND SODDING SPECIFICATIONS SECTION 02930 - SEEDING PART 1 - GENERAL 1.01 DESCRIPTION A. Work Included: Seeding of grass seed or wildflower seed, as specified on the plans. B. Related Work Specified Elsewhere: Section 02300, Earthwork. 1.02 REFERENCE STANDARDS A. Standardized Plant Names 1. For exotic plant materials: American Joint Committee of Horticultural Nomenclature, Second Edition, 1942. 2. For native materials a. Manual of the Vascular Plants of Texas by Correll and Johnston b. Check List of Vascular Plants of Texas by Hatch c. Flora of North Central Texas by Shinners and Moller B. Texas Highway Department: Standard Specifications for Construction, Item 164, "Seeding for Erosion Control" and Item 180, "Wildflower Seeding". 1.03 SUBMITTALS A. Seed 1. Vendors' certification that seeds meet Texas State seed law including: a. Testing and labeling for pure live seed (PLS) b. Name and type of seed 2. If using native grass or wildflower seed, seed must have been harvested within one hundred (100) miles of the construction site. 3. All seed shall be tested in a laboratory with certified results presented to the City, in writing, prior to planting. 4. All seed to be of the previous season's crop and the date on the container shall be within twelve months of the seeding date. 5. Each species of seed shall be supplied in a separate, labeled container for acceptance by the City. B. Fertilizer 1. Unopened bags labeled with the analysis 2. Conform to Texas fertilizer law 1.04 JOB CONDITIONS A. Planting Season: The season varies according to species (see Part 2 - Products). Do not seed when soil is excessively wet or dry or when wind exceeds ten (10) miles per hour. City of Fort Worth, Texas Page 46 of 54 Standard Community Facilities Agreement Rev. 9/21 B. Schedule After All Other Construction and planting is complete. C. Protect and Maintain Seeded Areas 1. From erosion 2. From traffic and all other use 3. Until seeding is complete and accepted 1.05 QUALITY CONTROL The contractor who plants the seeds, whether the general contractor or a subcontractor, is responsible for daily supervision of his crew, and for the planting and maintaining of seedlings until acceptable, viable growth is achieved and the project accepted by the City. PART 2 — PRODUCTS 2.01 MATERIALS A. Seed All seed shall be planted at rates based on pure live seed (PLS = purity x germination) per acre. Substitution of individual seed types due to lack of availability shall be made only by the City at the time of planting. The Contractor shall notify the City, prior to bidding, of difficulties locating certain species. Only those areas indicated on the plans and areas disturbed by construction shall be seeded. Prior to seeding, each area shall be marked in the field and approved by the City. Any adjustment of area location by the City shall be considered incidental and shall not entitle the Contractor to additional compensation. Weed seed shall not exceed ten percent (10%) by weight of the total of pure live seed (PLS) and other material in the mixture. Johnsongrass and nutgrass seed shall not be allowed. The seed shall be clean, dry and harvested within one year of planting. 1.Non-native grass seed shall consist of. If planted between April 15 and September 10: Lbs./Acre Common Name Scientific Name Puri Germination 25 Bermuda (unhulled) Cynodon dactylon 85% 90% 75 Bermuda (hulled) Cynodon dactylon 95% 90% Substitute the following if planted between September 10 and April 15: 220 Rye Grass Lolium multiflorum 82% 80% 40 Bermuda (unhulled) Cynodon dactylon 84% 85% 2 Native grass seed - The seed shall be planted between February 1 and October 1 and shall consist of: City of Fort Worth, Texas Page 47 of 54 Standard Community Facilities Agreement Rev. 9/21 Lbs. PLS/Acre Common Name Botanical Name 1.6 Green Sprangletop Leptochloa dubia 5.5 Sideoats Grama* Bouteloua curtipendula 3.7 Little Bluestem* Schizachyrium scoparium 17.0 Buffalograss Buchloe dactyloides 1.8 Indian Grass* Sorghastrum nutans 0.5 Sand Lovegrass* Eragrostis trichodes 6.0 Big Bluestem Andropogon gerardii 8.0 Eastern Grama Tripscacum dactyloides 1.2 Blue Grama Bouteloua gracilis 1.8 Switchgrass Panicum virgatum 10.0 Prairie Wildrye* Elymus canadensis *These grasses are not to be planted within ten feet of a road or parking lot or within three (3) feet of a walkway. Wildflower seed - All wildflower seeds are to be hand broadcast, (see 3.02,A). The seed shall be planted between March 5 and May 31 or between September 1 and December 1 and shall consist o£ Lbs. PLS/Acre Common Name Botanical Name 3.0 Bush Sunflower Sinsia calva 5.0 Butterfly Weed Asclepias tuberosa 2.0 Clasping Coneflower* Rudbeckia amplexicaulis 3.0 Golden - Wave Coreopsis basalis 13.4 Illinois Bundleflower Desmanthus illinoensis 13.6 Partridge Pea Cassia fasciculata 2.0 Prairie Verbena Verbena bipinnatifida 8.0 Texas Yellow Star Lindheimeri texana 8.0 Winecup Callirhoe involcrata 2.0 Black-eyed Susan 1. Rudbeckia hirta 18.0 Cutleaf Daisy II. Engelmannia pinnatiflda 2.0 Obedient Plant III. Physostegia intermedia 3.0 Pitcher Sage IV. Salvia azurea 2.0 Plains Coreopsis V. Coreopsis tinctoria 8.0 Scarlet Sage VI. Salvia coccinea *These wildflowers are not to be planted within ten feet of a road or parking lot or within three feet of a walkway. 4. Temnorary erosion control seed When specified on the plans, temporary control measures shall be performed. These measures shall consist of the sowing of cool season plant seeds and the work and materials as required in this section. B. Mulch 1. Mulch should be designed for use with conventional mechanical or hydraulic planting of seed, either alone or with fertilizer. City of Fort Worth, Texas Page 48 of 54 Standard Community Facilities Agreement Rev. 9/21 2. Mulch should be wood cellulose fiber produced from virgin wood or recycled paper -by-products (waste products from paper mills or recycled newspaper). 3. Mulch should contain no growth or germination inhibiting factors. 4. Mulch should contain no more than ten percent (10%) moisture, air dry weight basis. 5. Additives shall include a binder in powder form. 6. Material shall form a strong moisture retaining mat. C. Fertilizer 1. All fertilizer shall be delivered in bags or containers clearly labeled showing the analysis. 2. All fertilizer shall be in acceptable condition for distribution and shall be applied uniformly over the planted area. 3. Analysis of 16-20-0, 16-8-8, or as designated on the plans. Fertilizer rate: a. No fertilizer is required for wildflower seeding. b. Where applying fertilizer on newly established seeding areas - 100 pounds of Nitrogen per acre. C. Where applying fertilizer on established seeding areas - 150 pounds of Nitrogen per acre. D. Erosion Control Measures 1. For seeding application in areas up to 3:1 slope, use cellulose, fiber or recycled paper mulch, (see 2.01, B. Mulch and 3.03). 2. For seeding application in areas 3:1 slope or greater, use the following soil retention blanket (Follow the manufacturer's directions): "Curlex I" from American Excelsior, 900 Ave. H East, Post Office Box 5624, Arlington, Texas 76001, 1-800-777-SOIL. 2.02 MIXING Seed, mulch, fertilizer and water may be mixed provided that: 1. Mixture is uniformly suspended to form a homogenous slurry. 2. Mixture forms a blotter -like ground cover impregnated uniformly with grass seed. 3. Mixture is applied within thirty (30) minutes after placed in the equipment. PART 3 — EXECUTION 3.01 SEEDED PREPARATION A. Clear Surface of All Materials, Such As: 1. Stumps, stones, and other objects larger than one inch. 2. Roots, brush, wire, stakes, etc. 3. Any objects that may interfere with seeding or maintenance. B. Tilling 1. In all compacted areas till one inch (1") deep. 2. If area is sloped greater than 3:1, run a tractor parallel to slope to provide less seed/water run-off. 3. In areas near trees: Do not till deeper than one half (1/2") inch inside "drip line" of trees. City of Fort Worth, Texas Page 49 of 54 Standard Community Facilities Agreement Rev. 9/21 C. Water: Shall be furnished by the Contractor as an ancillary cost to the Contract by the Contractor by means of temporary metering / irrigation, water truck or by any other method necessary to achieve viable, acceptable stand of turf as noted in 3.04.13. of this specification. The water source shall be clean and free of industrial wastes or other substances harmful to the germination of the seed or to the growth of the vegetation. The amount of water will vary according to the weather variables. Generally, an amount of water that is equal to the average amount of rainfall plus one half inch (1/2") per week should be applied until such time 100% full growth coverage is achieved and one mowing cycle is performed by the Contractor and accepted by the Owner. Watering: Soil should be watered to a minimum depth of four inches within forty eight (48) hours of seeding. 3.02 SEEDING A. If Sowing Seed By Hand 1. Broadcast seed in two directions at right angles to each other. 2. Harrow or rake lightly to cover seed. 3. Never cover seed with more soil than twice its diameter. 4. For wildflower plantings, scalp existing grasses to one (1") inch, remove grass clippings, so seed can make contact with the soil. B. Mechanically Seeding (Drilling): If mechanically seeding (drilling) the seed or seed mixture, the quantity specified shall be uniformly distributed over the areas shown on the plans or where directed. All varieties of seed, as well as fertilizer, may be distributed at the same time provided that each component is uniformly applied at the specified rate. Seed shall be drilled at a depth of from one quarter inch to three eighth inch (1/4"-3/8") utilizing a pasture or rangeland type drill. All drilling is to be on the contour. After planting, the area shall be rolled with a roller integral to the seed drill, or a corrugated roller of the "Cultipacker" type. All rolling of slope areas shall be on the contour. 3.03 MULCHING A. Apply uniformly after completion of seeding in areas up to 3:1 slope. Mulch may be applied concurrently with fertilizer and seed, if desired. B. Apply at the following rates unless otherwise shown on plans: 1. Sandy soils, flat surfaces - minimum 1,500 lbs./acre. 2. Sandy soils, sloping surfaces - minimum 1,800 lbs./acre. 3. Clay soils, flat surfaces - minimum 2,5001bs./acre. 4. Clay soils, sloping surfaces - minimum 3,000 lbs./acre. 5. "Flat" and "sloping" surfaces will be shown on the plans if not visually obvious. C. Apply within thirty (30) minutes after placement in equipment. Keep mulch moist, by daily water application, if necessary: 1. For approximately twenty-one (21) days, or 2. Until seeds have germinated and have rooted in soil, (see 3.04.B.2.) and project has been accepted by the City. City of Fort Worth, Texas Page 50 of 54 Standard Community Facilities Agreement Rev. 9/21 3.04 ESTABLISHMENT, MAINTENANCE AND ACCEPTANCE A. Includes initial seed and / or sod application and establishment, protection, replanting as necessary, maintaining grades and immediate repair of erosion damage until the project receives final acceptance. Refer to Part 2 — 2.01 — D. for watering requirements to be executed by the contractor. B. Initial full coverage turf establishment shall be considered as 100% grow in to a height of three (3") inches with one mow cycle performed by the Contractor on all newly established areas prior to consideration of acceptance by the Owner. C. Replanting 1. Replant areas where a stand of grass or wildflowers are not present in a reasonable length of time, as determined by the City. 2. A "stand" shall be defined as: a. Bermuda/Rye grasses: See 3.04 B b. Native grass and wildflowers: eighty percent (80%) coverage of growing plants within seeded area within twenty-one days of seeding date on a smooth bed free of foreign material and rocks or clods larger than one inch diameter. END OF SECTION City of Fort Worth, Texas Page 51 of 54 Standard Community Facilities Agreement Rev. 9/21 SECTION 32 92 13 SODDING Part 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Furnishing and installing grass sod. B. Related Standard City Specification Sections include, but are not necessarily limited to: 1. Section 32 9119 - Topsoil 2. Section 32 84 23 - Irrigation 1.6 informational submittals A. Certificates and Samples 1. Certificates and specifications of sod, fertilizer, compost, soil amendments or other materials as requested by the City. 1.10 delivery, storage, and handling A. Block Sod 1. Protect from exposure to wind, sun and freezing. 2. Keep stacked sod moist consistently throughout stack. 3. Sod upon delivery shall be inspected by City provision of certificate from vender to be provided to City indicating sod free of all weeds. 4. Harvesting and planting operations shall be coordinated with not more than forty-eight hours elapsing between harvesting and placement, rolling and tamping, and watering of sod 1.11 field [site] conditions A. Grading of site and installation of topsoil must be approved by City prior to application of sod Part 2 - PRODUCTS 2.1 MATERIALS AND EQUIPMENT A. Materials 1. Block Sod a. Sod Varieties 1) Cynodon dactylon `TIF419' or Cynodon dactylon `TIFWAY' 2) OR an approved Zoysia grass b. Sod must contain stolons, leaf blades, rhizomes and roots. City of Fort Worth, Texas Page 52 of 54 Standard Community Facilities Agreement Rev. 9/21 c. Sod shall be alive, healthy and free of insects, disease, stones, undesirable foreign materials and weeds and grasses deleterious to its growth or which might affect its subsistence or hardiness when transplanted. d. Minimum sod thickness: 1" inch minimum. e. Maximum grass height: 2 inches f. Sod shall have been produced on growing beds of clay or clay loam topsoil. g. Sod must not be harvested or planted when its moisture condition is so excessively wet or dry that its survival will be affected. h. If sod is stacked, it shall be kept moist and shall be stacked roots to roots and grass to grass. i. Acceptable growing beds 1) Bermuda grasses and zoysia grasses: sand or sandy loam soils j. Broken or torn sod or sod with uneven ends shall be rejected. k. Temporary Erosion Control Seed 1) Consist of the sowing of cool season plant sod. 2. Topsoil: See Section 32 9119. 3. Water: clean and free of industrial wastes or other substances harmful to the germination of the seed or to the growth of the vegetation. 2.2 Accessories a. Sod pins 1) Metal 2) Wood pegs. Part 3 - EXECUTION 3.1 EXAMINATION A. Sod shall be inspected by City upon delivery. B.Contractor must coordinate inspection 72 hours prior to cutting of sod and delivery 3.3 PREPARATION A. Surface Preparation: clear surface of all material including: 1. Scarify subgrade to a depth of 2-inches before depositing the required topsoil. For simple row repair only scarify to 1-inch. 2. Stumps, stones, and other objects larger than one inch. 3. Roots, brush, wire, stakes, etc. 4. Any objects that may interfere with planting sod or maintenance. B. Cleaning 1. Soil shall be further prepared by the removal of debris, building materials, rubbish, weeds, and rock 1-inch and greater. C. Fine Grading: City of Fort Worth, Texas Page 53 of 54 Standard Community Facilities Agreement Rev. 9/21 1. After tillage and clearing, all areas to be planted shall be leveled, fine graded, and a weighted spike and harrow or float drag. The required shall be the elimination of ruts, depressions, humps, and objectionable soil clods. This shall be the final soil preparation step to be completed prior to inspection before planting. 2. Areas near trees: Do not till inside dripline of trees or over exposed roots 3.4 INSTALLATION A. Block Sodding 1. General a. Do not lay sod when ground is frozen. b. Over -seeding with annual rye is acceptable from November 1 until February 1. B. Installation 1. Plant sod specified after the area has been inspected and accepted by City for planting. 2. Till 2" of subgrade and place 3" of topsoil on areas to receive sod or as directed by City. 3. Sod to be laid parallel to the contours in areas as specified. Sod to be laid perpendicular to slopes greater than 3:1. 4. Use care to retain native soil on the roots of the sod during the process of excavating, hauling and planting. 5. Keep sod material moist from the time it is dug until planted. 6. Fill in slumped areas due to watering to keep sod moist. 7. Place sod so that the entire area designated for sodding is covered with no gaps or overlapping material. 8. Fill voids left in the solid sodding with additional sod and tamp. 9. Roll and tamp sod so that sod is in complete contact with topsoil at a uniform slope. By pedestrian mechanical process (no motorized vehicles / equipment) 10. Peg sod with wooden pegs (or wire staple) driven through the sod block to the firm earth in areas that may slide due to the height or slope of the surface or nature of the soil. C. Watering and Finishing 1. Thoroughly water sod immediately after placed and tamped and rolled. 2. Generally, as recommended by the vendor. Water source shall be clean and free of industrial waste or other substances harmful to the germination of the seed or growth of the vegetation. END OF SECTION City of Fort Worth, Texas Page 54 of 54 Standard Community Facilities Agreement Rev. 9/21 u Northwest TFy Tarrant \ 5�ko County Junior College G'F MARINE CREEK LAKE PROJECT LOCATION /1220 C 0 r F 12— FORT 820 + j �woRry ciry vM/r U LGRAHAM®®®�� VICINITY MAP (NOT TO SCALE) MAPSCO NO. 47N CITY PROJECT NO. 100178 820 F F -P TARRANT COUNTY SHADYDELL DRIVE & ENGINEER: OWNER / DEVELOPER: SHADYDELL CIRCLE %civil engineering, LLC. MARINE CREEKVENTURES, LLC STREET IMPROVEMENTS 5339 ALPHA ROAD SUITE 300 DALLAS TEXAS 75240 405 GOLFWAY WEST DRIVE, STE 300 ST. AUGUSTINE, TX REGISTERED ENGINEERING FIRM F-12600 FLONA 32095 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS www.h. 1vil ena.com 904.923.3238 PROJECT # 100178 972.701.9636 972.701.9639 FAX CONTACT: CHARLES JOHNSTON CONTACT: CHRISTOPHER H. BLEVINS, P.E. (SHEET 1 OF 1) SHEETCONTENTS: VICINITY MAP DatePlonea: 03/1712023 GRAPHIC SCALE 160 0 80 160 ( IN FEET ) 1 inch 160 ft. mw� jlllwl�.900 LOT 1R, BLOCK 3 /` MARINE CREEK APARTMENTS ; CAB. A, SL. 8912 M.R.T.C.T. BLUE LAKE AT MARINE CREEK, LP INST. NO. D203460230 D.R.T.C.T. P RAISE/LOWER EXISTING VALVE AS NEEDED WITH ROAD IMP. \� EX 12" WATER D.O.E. NO.: 4029 LOT 2, BLOCK 3 (TRACT 2) 15.00 ACRES r EX 8" WATER I D.O.E. NO.: 4127 SH YDELL DR. RAISE/LOWER EXISTING FIRE HYDRANT & VALVE AS NEEDED WITH ROAD IMP. LOT 1, BLOCK 2 (TRACT 3) \ 5.35 ACRES EX 8" WATER 'n \ D.O.E. NO.: 4127 RAISE/LOWER EXISTING L FIRE HYDRANT & VALVE AS NEEDED WITH ROAD IMP. EX 8" WATER D.O.E. NO.: 4127 PROP. 2" IRR. SERVICE PROP. 12" WATER PROP. 8" PROP. WTR DOM. SERVICE METER P 2" IRR. PROP. 8" FIRE SERVICE �_-_-C�ROP. 2" IRR. ll'crpurr PROP. 12" WATER T RAISE/LOWER EXISTING / Cif FIRE HYDRANT & VALVE AS NEEDED v / WITH ROAD IMP. <Q PROP. 6"FIRE PROP. 6" DOM. SERVICE SERVICE PROP. 1j" IR / " `SERVICE PROP. 1 IRR. SERVICE / PROP. 6" DOM. SERVICE PROP. 6" FIRE SERVICE —RAISE/LOWER EXISTING VALVE AS NEEDED WITH ROAD IMP. PROP. 8" DOM. SERVICE PROP. 8" FIRE SERVICE PROP. 2' IRR. ZPROP. SERVICE 2" IRR. ER LOT 3, BLOCK 3 \ (TRACT 1) 13.43 ACRES CITY OF FORT WORTH VOL. 7226, PG. 721 D.R.T.C.T. EX 8" WATER LOWERING LEGEND Ex ww EXISTING WATER LINE PROPOSED WATER LINE EXISTING GATE VALVE EXISTING FIRE HYDRANT —PROP 41' B-B SECTION LOT 1, BLOCK 1 (TRACT 4) 6.71 ACRES / LOT 1, BLOCK 1 CROSSPOINT CHURCH ADDITION / INST. NO. D214243867 D.R.T.C.T. / CROSSPOINT CHURCH OF THE NAZARENE INST. NO. D209253003 / D.R.T.C.T. SHADYDELL DRIVE & ENGINEER: OWNER / DEVELOPER: SHADYDELL CIRCLE =civil engineering, LLC. MARINE CREEKVENTURES, LLC STREET IMPROVEMENTS 5339 ALPHA ROAD SUITE 300 DALLAS TEXAS 75240 405 GOLFWAY WEST DRIVE, STE 300 ST. AUGUSTINE, TX REGISTERED ENGINEERING FIRM F-12600 FLORIDA 32095 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS www. hocivileno.com 904.923.3238 PROJECT# 100178 972.701.9636 • 972.701.9639 FAX CONTACT: CHARLES JOHNSTON CONTACT: CHRISTOPHER H. BLEVINS, P.E. EXHIBIT A (SHEET1 of 1) SHEET CONTENTS: WATER Date Plonea: 3117123 GRAPHIC SCALE 160 0 80 160 ( IN FEET ) 1 inch = 160 ft. LOT 1R, BLOCK 3 MARINE CREEK APARTMENTS CAB. A, SL. 8912 M.R.T.C.T. BLUE LAKE AT MARINE CREEK, LP. INST. NO. D203460230 C D.R.T.C.T. E% GAS WELL HEADS (5) ° o o o ° SHADYDELL DR. / i �1 LOT 2, BLOCK 3 (TRACT 2) 15.00 ACRES Q� / LOT 3, BLOCK 3 // (TRACT 1) 13.43 ACRES EX 8" PRIV. SANITARY SEWER D.O.E. NO.: 4127 \ CITY OF FORT WORTH VOL. 7226, PG. 721 D.R.T.C.T. REBUILD EXISTING SANITARY SEWER MANHOLES TO I` CURRENT CITY STANDARDS I_ I I LOT 1, BLOCK 2 (TRACT 3) 5.35 ACRES / u u O� EX 8" SANITARY SEWER LEGEND i EXISTING SEWER LINE f• EXISTING SS MANHOLE 1 EX 8" SANITARY \S SEWER D.O.E. NO.: 4127 S 41' B—B SECTION / LOT 1, BLOCK 1 / \ % / (TRACT 4) 6.71 ACRES / / LOT 1, BLOCK 1 \ 1 CROSSPOINT CHURCH ADDITION INST. NO. D214243867 / D.R.T.C.T. �\ I CROSSPOINT CHURCH OF THE NAZARENE \I / NST. NO. D209253003 V D.R.T.C.T. YK44 / SHADYDELL DRIVE & ENGINEER: OWNER / DEVELOPER: SHADYDELL CIRCLE =civil engineering, LLC. MARINE CREEKVENTURES, LLC STREET IMPROVEMENTS 5339 ALPHA ROAD SUITE 300 DALLAS TEXAS 75240 405 GOLFWAY WEST DRIVE, STE 300 ST. AUGUSTINE, TX REGISTERED ENGINEERING FIRM F-12600 FLORIDA 32095 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS www.hocivilengcom 904.923.3238 PROJECT # 100178 972.701.9636 972.701.9639 FAX CONTACT: CHARLES JOHNSTON CONTACT: CHRISTOPHER H. BLEVINS, P.E. EXHIBIT Al (SHEET1 OF 1) SHEET CONTENTS: SANITARY SEWER DatePlotled: 317123 I 60' R.O.W. I 9.5' 41' B—B 9.5' 4' 4.5' 1 WAL I I, 20' LANE ► � 0.5' 2X MAX. 1 4.5' 20' LANE I � 0.5' I _ I� 4' I WALK 2% MAX. I- --r- 5" THICK 8" REINFORCED CONCRETE PAVING T PROFILE CONTROL POINT , , SIDEWALK (TYP) (3500 PSI) 8" LIME—STABILIZATED SUBGRADE (54 LBS/SY) GRAPHIC SCALE 160 0 80 160 ( IN FEET) 1 inch = 160 ft. 1 II 6' SIDEWALK TYPICAL SECTION \ LOT 2, BLOCK 3 LOT 3, BLOCK 3 \ ACT 1) 15 00 ACRES ��0TRACT 2)��� 13..443 ACRES LOT 1 R, BLOCK 3 MARINE CREEK APARTMENTS CAB. A, SL. 8912 M.R.T.C.T. BLUE LAKE AT MARINE CREEK, LP. INST. NO. D203460230 D.R.T.C.T. B.F.R. B.F.R. SHADYDELL DR. PROP 41' B—B SECTION CITY OF FORT WORTH VOL. 7226, PG. 721 PROP 41' B—B SECTION D.R.T.C.T. B.F.R. PROP 6' SIDEWALK / AWCUT & REMOVE I EXISTING CURB & SIDEWALK ® DRIVE CONNECTION LOT 1, BLOCK 2 / (TRACT 3) \ 5.35 ACRES yG �f PROP 6' SIDEWALK PROP 41' B—B SECTION v �Q SAWCUT & REMOVE Q EXISTING CURB & SIDEWALK ® DRIVE CONNECTION LOT 1, BLOCK 1 / S (TRACT 4) / / 6.71 ACRES / B.F.R. / LEGEND PROPOSED 41" B—B SECTION \ PROPOSED 6' SIDEWALK SHADYDELL DRIVE & ENGINEER: OWNER / DEVELOPER: SHADYDELL CIRCLE =civil engineering, LLC. MARINE CREEKVENTURES, LLC STREET IMPROVEMENTS 5339 ALPHA ROAD SUITE 300 DALLAS TEXAS 75240 405 GOLFWAY WEST DRIVE, STE 300 ST. AUGUSTINE, TX REGISTERED ENGINEERING FIRM F-12600 FLORIDA 32095 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS www.hpcivilenq.com 904.923.3238 PROJECT # 100178 972.701.9636 • 972.701.9639 FAX CONTACT: CHARLES JOHNSTON CONTACT: CHRISTOPHER H. BLEVINS, P.E. EXHIBIT B (SHEET1 OF 1) SHEET CONTENTS: PAVING Date Plbd: 03/17/2023 GRAPHIC SCALE �- 160 0 80 160 PROPOSED 36" RCP STUB STORM / PROP p IN FEET) AT P.L. 5'x5' I 1 inch = 160 ft. LOT 2, BLOCK 3 � STUB ACT 2) PROPOSED / STORM (TRACT B/ f TXDOT CIP J/ AT P.L. 1 (TR ACRES STORM WATER LOT 1R, BLOCK 3 MARINE CREEK APARTMENTS CONNECT TO f" QUALITY DEVICE CAB. A, SL. 8912 EX 36" RCP M.R.T.C.T. PROPOSED BLUE LAKE AT MARINE CREEK, LP. 48" RCP INST. NO. D203460230 PRO OS D.R.T.C.T. 6'x6 PROPOSED 72" RCP SHADYDELL DR. NJ / PROPOSED MATCHLINE 60" RCP 0' Cl Z / PROPOSED PROPOSED 10' � CITY OF FORT WORTH = VOL. 7226, PG. 721 \ 36' RCP 5'x5' FW JB 0 D.R.T.C.T. ^ tiG CONNECT TO PROP 41' B—B SECTION EX 36" RCP o STUB 4'x4' FW i - STORM AT P.L. PRAEOSED \ EXISTING 24" STM I 36" R—CP--- D.O.E. NO.: 4029 \\ LOT 1, BLOCK 2 I (TRACT 3) \ \ 5.35 ACRES PROPOSED STUB \ \ 4'x4' FW JB STORM \ / AT P.L. I �\ I LOT 3, BLOCK 3 o�. (TRACT LEGEND 13.43 ACRES PROPOSED STORM PROPOSED 72' RCP \ EX EXISTING I7\ PROP PROPOSED tOPOSED MATCHLINE PROPOSED TxooT CIP JB STM STORM 0" RCP \ JI CITY OF FORT WORTH \\ = VOL. 7226; PG. 721 ^ , — �pOSED� QD.R.T.C.T. 1 5'x5 R•CB 1 \ VFW 0 20�ED � � Vim \ 6" RCP— PROPOSED \ 10'x10' JB UB )RM \ \ P.L. �\ PROPOSED \ 8'x6' RCB LOT 1, BLOCK 1 —� 6 71ACT ACRES i MARIN� rorrv.i SHADYDELL DRIVE & OWNER , DEVELOPER: SHADYDELL CIRCLE MARINE CREEKVENTURES, LLC STREET IMPROVEMENTS 405 GOLFWAY WEST DRIVE, STE 300 ST. AUGUSTINE, FLORIDA 32095 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS 904.923.3238 CONTACT: CHARLES JOHNSTON PROJECT # 100178 ENGINEER: =civil engineering, LLC. 5339 ALPHA ROAD, SUITE 300 DALLAS, TEXAS 75240 TX REGISTERED ENGINEERING FIRM F-12600 www.hocivilenq com 972.701.9636 972.701.9639 FAX CONTACT: CHRISTOPHER H. BLEVINS, P.E. EXHIBIT B1 (SHEET1 OF 1) SHEET CONTENTS: STORM DRAINAGE Me Pmnea: 03/1712023 GRAPHIC SCALE j{R 160 0 80 160 ( IN FEET) �1 = 1 1 inch F� f . t PROPOSED \ LIGHT STANDARDS j ® 200' SEPERATION (TYP) LOT 1R, BLOCK 3 MARINE CREEK APARTMENTS Q / CAB.SL. M.R.R.T.C.T. LOT 3, BLOCK 3 LOT 2, BLOCK 3 (TRACT 1) BLUE LAKE AT MARINE CREEK, LP. (TRACT 2) �Q 13.43 ACRES INST. NO. D203460230 15.00 ACRES \ D.R.T.C.T. \ PROPOSED PROPOSED LIGHT STANDARDS LIGHT STANDARDS 200' SEPERATION ® 200' SEPERATION (TYP) (TYP) PROP. STOP SIGN (R1-1) (30"x30") / PROP. STOP SIGN (R1-1) (30"x30") W/ STREET NA�F� W/ STREET NAMEBLADE BLADE / SHAD= DR. PROP. 2' WIDE STOP BAR (THERMOPLASTIC) — — RO SED \ PROP 41' B—B SECTION LIGHTOSTANDARDS ^ PROP. 2' WIDE PROP. W1-2L 200' SEPERATION 1 STOP BAR PROPOSED SIGN (PER CFW) (THERMOPLASTIC) LIGHT STANDARDS \ ® 200' SEPERATION f CITY OF FORT W( (TYP)! � VOL. 7226, PG. \ I D.R.T.C.T. I=I \ LOT 1, BLOCK 2 I� \ y� 5.35 ACRES \ \\ PROP 6' SIDEWALK \ PROP 41' B—B SECTION PROPOSED LIGHT STANDARDS / Gw ® 200' SEPERATION (TYP) Q / LOT 1, BLOCK 1 (TRACT 4) / PROP. STOP SIGN PROPOSED 6.71 ACRES (Rl\ W/ STREET (30"EET N 0') _LIGHT STANDARDS / W/ STREET N BLADE / ® 200' SEPERATION / (TYP) PROP. 2' WIDE / STOP BAR / (THERMOPLASTIC) / I NN \ LEGEND / G STREET Ex gas �\ LUMINAIRE LLHEAD515 o i I STREET I / SIGN OWNER ,DEVELOPER: SHADYDELL DRIVE & ENGINEER: MARINE CREEKVENTURES LLC SHADYDELL CIRCLE =civil engineering, LLC. 405 GOLFWAY WEST DRIVE, STE 300 ST. AUGUSIINE, STREET IMPROVEMENTS 5339 TX PREGISHA TERED SENGIN UITE 300 ERINGLF RM FE 12600XAS 5240 o FLORIDA 32095 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS www.nocivilengcom 904.923.3238 PROJECT # 100178 972.701.9636 • 972.701.9639 FAX CONTACT: CHARLES JOHNSTON CONTACT: CHRISTOPHER H. BLEVINS, P.E. $ EXHIBIT C w (SHEET 1 OF 1) SHEET CONTENTS: LIGHT & SIGNAGE Derr Pionea: 03/1712023 DocuSign Envelope ID: 63A3E544-FD77-4423-9026-89AFD58F7D74 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Shadydell Drive and Shadydell Circle Proj. No. 100178 UNIT PRICE BID Bidlist Item No. I 1 2 I 3 4 I 5 6 I 7 8 I 9 10 11 I 12 13 I 14 15 I 16 17 18 I 19 20 I 21 22 23 I 24 25 I 26 27 I 28 29 I 30 31 32 I 33 34 35 36 37 38 39 40 41 I Bidder's Application Project Item Information Bidder's Proposa Description Specification Section No. of Quantity Unit Price Bid Value I (Unit Measure IBid I UNIT I: WATER IMPROVEMENTS 12"X8" TEE EA 5 $2,628.00 $13,140.00 6" GATE VALVE EA 4 $2,200.00 $8,800.00 8" GATE VALVE EA 4 $2,960.00 $11,840.00 6" PVC WATER LINE LF 162 $66.00 $10,692.00 8" PVC WATER LINE LF 195 $91.00 $17,745.00 12" PVC WATER LINE LF 556 $154.00 $85,624.00 ADJUST EX. WATER VALVE FLUSH WITH GRADE 33 05 12-D162 EA 4 $900.00 $3,600.00 ADJUST EX. FIRE HYDRANT FLUSH WITH GRADE EA 3 $1,285.00 $3,855.00 CONCRETE EXCASEMENT FOR UTILITY PIPE 33 05 10-DO17 LF 40 $102.00 $4,080.00 1.5" TAPPING SADDLE w/1.5" pvc waterline LS 1 $24,900.00 $24,900.00 8"X6" TAPPING SADDLE EA 3 $5,450.00 $16,350.00 12"X8" REDUCER EA 2 $1055.00 $2,110.00 1.5" PLUG EA 3 $255.00 $765.00 6" PLUG EA 4 $473.00 $1,892.00 8" PLUG EA 4 $558.00 $2,232.00 8" WATER LINE LOWERING EA 1 $9,600.00 $9,600.00 8" WATER LINE REMOVAL LF 556 $15.00 $8,340.00 2" TAPPING SADDLE w/2" waterline, 2" plug & 2" top access double check valve LS 1 $83,840.00 $83,840.00 3" WATER METER VAULT w/8"x3" Reducer EA 1 $51,413.00 $51,413.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 TOTAL UNIT I: WATER IMPROVEMENTS $360,818.00 cDS J� 18-218 - Bid Proposal Check 3-16-2022.,d, DocuSign Envelope ID: 63A3E544-FD77-4423-9026-89AFD58F7D74 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Shadydell Drive and Shadydell Circle Proj. No. 100178 2 UNIT PRICE BID Bidlist Item I Description No. 1 EXISTING MANHOLE ADJUSTMENT 2 CONCRETE ENCASEMENT FOR UTILITY PIPE 3 4 5 6 7 8 9 10 11 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 Project Item Information Specification Section No. Unit of Measure UNIT II: SANITARY SEWER IMPROVEMENTS EA LF CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 Bidder's Application Bidder's Proposal Bid Quantity Unit Price I Bid Value 3 $1825.00 $5,475.00 120 $125.00 $15,000.00 TOTAL UNI I II: SANITARY SEWER I JIPROVEMEWrS $20,475.00 DS J 18-218 - Bid Proposal Check 3-16 2022_x1, DocuSign Envelope ID: 63A3E544-FD77-4423-9026-89AFD58F7D74 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Shadydell Drive and Shadydell Circle Proj. No. 100178 UNIT PRICE BID Bidhst Item No. I 1 2 I 3 4 5 I 6 7 I 8 9 I 10 11 12 I 13 14 I 15 16 I 17 18 I 19 20 21 I 22 23 I 24 25 I 26 27 28 I 29 30 I 31 32 I 33 34 I 35 36 37 I 38 39 I 40 41 I 42 Bidder's Application Project Item Information Bidder's Proposa Description Specification Section No. of Quantity Unit Price Bid Value I (Unit Measure IBid I UNIT III: DRAINAGE IMPROVEMENTS ROCK RIP RAP SY 403 $202.00 $81,406.00 TRENCH SAFETY & TESTING LF 2528 $5.00 $12,640.00 CONC. COLLAR FOR STORMCEPTOR ASSEMBLY EA 1 $2,000.00 $2,000.00 REMOVE EXISTING HEADWALL EA 1 $2,040.00 $2,040.00 21" RCP LF 147 $111.00 $16,317.00 24" RCP LF 35 $128.00 $4,480.00 36" RCP LF 878 $221.00 $194,038.00 48" RCP LF 266 $349.00 $92,834.00 60" RCP LF 378 $498.00 $188,244.00 72" RCP LF 426 $681.00 $290,106.00 5'X5' RCB LF 375 $603.00 $226,125.00 8'X6' CONCRETE BOX CULVERT LF 70 $1028.00 $71,960.00 10' CURB INLET EA 4 $6,100.00 $24,400.00 15' CURB INLET EA 1 $8,880.00 $8,880.00 20' CURB INLET EA 1 $11,000.00 $11,000.00 4'X4' JUNCTION BOX (STD. 4' SQUARE JUNCTION BOX) 33 49 10-D409 EA 2 $8,350.00 $16,700.00 5'X5' JUNCTION BOX (STD. 5' SQUARE JUNCTION BOX) 33 49 10-D410 EA 2 $11,790.00 $23,580.00 6'X6' JUNCTION BOX (STD. 6' SQUARE JUNCTION BOX) 33 49 10-D411 EA 1 $16,250.00 $16,250.00 TYPE 1 JUNCTION BOX STRUCTURE (TXDOT) JB-1-02 (FW) EA 2 $32,000.00 $64,000.00 10'X10' JUNCTION BOX (FORTERRA) EA 1 $39,000.00 $39,000.00 STM WQ DEVICE (RINKER STC16000) EA 1 $240,000.00 $240,000.00 CUSTON WINGWALL FOR 8'X6' RCB EA 1 $47,400.00 $47,400.00 PLUG FOR 24" RCP EA 1 $530.00 $530.00 PLUG FOR 36" RCP EA 2 $680.00 $1,360.00 PLUG FOR 48" RCP EA 1 $830.00 $830.00 HYDROMULCH SY 33,000 $1.62 $53,460.00 REMOVE AND REPLACE CONCRETE TRAIL SF 1400 $8.40 $11,760.00 TEMPORARY ASPHALT TRAIL SF 1410 $9.15 $12,901.50 TOTAL UNIT III: DRAINAGE IMPROVEMENTS CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 $1,754,241.50 IDSDS 18-218 - Bid Proposal Check 3-16-2022..1, DocuSign Envelope ID: 63A3E544-FD77-4423-9026-89AFD58F7D74 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Shadydell Drive and Shadydell Circle Proj. No. 100178 4 UNIT PRICE BID Project Item Information Bidl st Item Description No. I 1 HYDRATE LIME (54#/SY) 2 8" LIME STABILIZED SUBGRADE I 3 8" THICK 3,600 PSI REINFORCED CONC. PVMT 4 4" THICK 6' WIDE SIDEWALK 5 SAWCUT AND REMOVE EX. CURB AND GUTTER 6 BARRIER FREE RAMP (P-1) I 7 EROSION CONTROL 8 TRAFFIC CONTROL I 9 STOPSIGN 10 PAVEMENT MARKINGS 11 ROAD SIGN I 12 5" THICK 8' WIDE PROPOSED TRAIL 13 GUARD RAIL I 14 15 I 16 17 I 18 19 20 I 21 22 I 23 24 I 25 26 27 I 28 29 I 30 31 I 32 33 I 34 I 35 36 37 I 38 39 I 40 41 I 42 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 Specification Section No. Unit of Measure UNIT IV: PAVING IMPROVEMENTS TN SY SY SF LF 32 13 20-D540 EA LS 34 71 13-D660 MO EA LS EA SF LF Bidder's Application Bidder's Proposal Bid Quantity Unit Price I Bid Value 283 $285.00 $80,655.00 10470 $5.75 $60,202.50 9984 $70.50 $703,872.00 25194 $7.80 $196,513.20 180 $6.00 $1,080.00 6 $2,485.70 $14,914.20 1 $12,664.70 $12,664.70 2 $3,000.00 $6,000.00 3 $951.74 $2,855.22 1 $4,819.00 $4,819.00 3 $951.74 $2,855.22 5264 $7.80 $41,059.20 450 $60.88 $27,396.00 TOTAL UNIT IV: PAVIN 3 IMPROVEMENTS $1,154,886.24 CDS J� IS-218 - Bid Proposal Check 3-16-2021.E DocuSign Envelope ID: 63A3E544-FD77-4423-9026-89AFD58F7D74 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Shadydell Drive and Shadydell Circle Proj. No. 100178 5 UNIT PRICE BID Project Item Information Bidl st Item Description Specification Section No. Unit of No. Measure UNIT V: STREET LIGHTING IMPROVEMENTS I 1 2" PVC CONDUIT SCH 80 260533 LF 2 LUMINAIRE (ATBO 20BLEDE70 MVOLT R2(/R4) 3K MP NL P7) 34 41 20 LED Fixture - 10OW HPS Equivalent R2 EA (per C2.1 R) R4 EA 3 TYPE 11 POLE W/ TYPE 33B ARM 34 41 20-D621 EA I 4 TYPE 1 FOUNDATION FOR POLE ASSEMBLY 34 41 20-D622 EA 5 COPPER WIRE (3 wire pair) 00 00 00 LF I 6 GROUND BOX 00 00 00 EA 7 Electric Service Ped. 00 00 00 LS I 8 9 10 I 11 12 I 13 14 I 15 16 I 17 18 19 I 20 21 I 22 23 I 24 25 26 I 27 28 I 29 30 I 31 32 I 33 34 35 I 36 37 I 38 39 I 40 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 Bidder's Application Bidder's Proposal Bid Quantity Unit Price I Bid Value 1859 $19.55 $36,343.45 14 $590.00 $8,260.00 14 $2,365.00 $33,110.00 14 $1,500.00 $21,000.00 5570 $2.05 $11,418.50 2 $1,100.00 $2,200.00 1 $9,500.00 $9,500.00 TOTAL UNIT V: STREET LIGHTING IMPROVEMENTS $121,831.95 DS J 18-218 - Bid Proposal Check 3-16-2022.,d, DocuSign Envelope ID: 63A3E544-FD77-4423-9026-89AFD58F7D74 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Shadydell Drive and Shadydell Circle Proj. No. 100178 UNIT PRICE BID B1dllst Item No. Project Item Information Description ISpecitication Section No. UNIT VI: TRAFFIC SIGNAL IMPROVEMENTS 1 N/A 2 3 4 5 6 7 8 9 10 11 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 Bidder's Application Bidder's Proposal Unit of Bid Quantity Unit Price Bid Value Measure TOTAL LNIT VI: TRAFFIC SIGNAL IMPROVEMENTS CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 cDS J� 18-218 - Bid Proposal Check 3-16 2022_x1, DocuSign Envelope ID: 63A3E544-FD77-4423-9026-89AFD58F7D74 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Shadydell Drive and Shadydell Circle Proj. No. 100178 7 UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal B1dllst Item Description Specification Section No. Unit of Bid Quantity Unit Price Bid Value No. Measure Bid Summary UNIT I: WATER IMPROVEMENTS $360,818.00 UNIT II: SANITARY SEWER IMPROVEMENTS $20,475.00 UNIT III: DRAINAGE IMPROVEMENTS $1,754,241.50 UNIT IV: PAVING IMPROVEMENTS $1,154,886.24 UNIT V: STREET LIGHTING IMPROVEMENTS $121,831.95 UNIT VI: TRAFFIC SIGNAL IMPROVEMENTS jµ y I( T tal l onstruction Bid $3,412,252.69 This Bid is submitted by the entity named below: I Cftf" �� I�yt, I^ BIDDER: BY: 1WWM�WWVIII�i� fM''N GtG TITLE: ti6AtlZ2U64G/... VP o Construction 1/26/2023 DATE: 270 Contractor agrees to complete WORK for FINAL ACCEPTANCE within working days after the date when the CONTRACT commences to run as provided in the General Conditions. ***Note: Working days exclude installation of lighting poles, which has an 18-20 week lead time.*** END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Vere May 22, 2019 18-218-Bid Proposal Check 3-16 2012_x1,