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HomeMy WebLinkAboutContract 59651Received Date: 6/23/2023 Received Time: Developer and Project Information Cover Sheet: Developer Company Name: HMH Deer Creek Land, LLC Address, State, Zip Code: 1038 Texas Trail, Grapevine TX 76051 Phone & Email: 817-849-5244 Nelson.Mitchell(cr�,historvmaker.com Authorized Signatory, Title: Project Name: Brief Description: Project Location: Plat Case Number: Mapsco: CFA Number: None provided 117E&F 23-0049 B. Nelson Mitchell, Jr., CEO Deer Creek Meadows Phase 1 Water, Sewer, Paving, Storm Drain, and Street Lights North Crowley Rd and West Risinger Rd Plat Name: I None provided Council District: City Project Number: CPN104026 1 IPRC22-0054 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Page 1 of 16 Standard Community Facilities Agreement Rev. 9/21 City Contract Number: 59651 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 HMH Deer Creek Land, LLC , a Texas limited liability company ("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 Deer Creek Meadows Phase 1 ("Project"); and WHEREAS, the City desires to ensure that all developments are adequately served by public infrastructure and that the public infrastructure is constructed according to City standards; and WHEREAS, as a condition of approval of the Project, Developer is required to bear a portion of the costs of municipal infrastructure by constructing the public infrastructure necessary for the Project as described in this Agreement ("Community Facilities" or "Improvements"); and WHEREAS, as a condition of approval of the Project, Developer is required to meet the additional obligations contained in this Agreement, and Developer may be required to make dedications of land, pay fees or construction costs, or meet other obligations that are not a part of this Agreement; and WHEREAS, the City is not participating in the cost of the Improvements or Project; and WHEREAS, the Developer and the City desire to enter into this Agreement in connection with the collective Improvements for the Project; NOW, THEREFORE, for and in consideration of the covenants and conditions contained herein, the City and the Developer do hereby agree as follows: 1. CFA Ordinance The Community Facilities Agreements Ordinance ("CFA Ordinance"), as amended, is incorporated into this Agreement by reference, as if it was fully set out herein. Developer agrees to comply with all provisions of the CFA Ordinance in the performance of Developer's duties and obligations pursuant to this Agreement and to cause all contractors hired by Developer to comply with the CFA Ordinance in connection with the work performed by the contractors. If a conflict exists between the terms and conditions of this Agreement and the CFA Ordinance, the CFA Ordinance shall control. City of Fort Worth, Texas Page 2 of 16 Standard Community Facilities Agreement OFFICIAL RECORD Rev. 9/21 CITY SECRETARY FT. WORTH, TX 2. Incorporation of Engineering Plans The engineering plans for the Improvements that have been approved by the City ("Engineering Plans") are incorporated into this Agreement by reference as if fully set out herein. Developer shall provide at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to construct the Improvements required by this Agreement. 3. Description of Improvements; Exhibits and Attachments The following exhibits describe the general location, nature and extent of the Improvements that are the subject of this Agreement and are attached hereto and incorporated herein by reference: E Exhibit A: Water E Exhibit A-1: Sewer E Exhibit B: Paving E Exhibit 13-1: Storm Drain E Exhibit C: Street Lights & Signs The Location Map and Cost Estimates are also attached hereto and incorporated herein by reference. To the extent that Exhibits A, A-1, B, B-1, C, the Location Map, or the Cost Estimates conflict with the Engineering Plans, the Engineering Plans shall control. If applicable, Attachment 1 — Changes to Standard Community Facilities Agreement, Attachment 2 — Phased CFA Provisions, and Attachment 3 — Concurrent CFA Provisions, are attached hereto and incorporated herein for all purposes. 4. Construction of Improvements Developer agrees to cause the construction of the Improvements contemplated by this Agreement and that said construction shall be completed in a good and workmanlike manner and in accordance with all City standards and specifications, the Engineering Plans, the Cost Estimates provided for the Improvements, and this Agreement. Developer acknowledges that City will not accept the Improvements until the City receives affidavits and lien releases signed by Developer's contractors verifying that the contractors, and all subcontractors and material suppliers, have been paid in full for constructing the Improvements, and consent of the surety on payment and performance bonds provided for the Improvements. 5. Financial Guarantee Developer has provided the City with a financial guarantee in the form and amounts set forth in this Agreement which guarantees the construction of the Improvements and payment by Developer of all contractors, subcontractors, and material suppliers for the Improvements ("Financial Guarantee"). Developer shall keep the Financial Guarantee in full force and effect until released by the City and shall not reduce the amount of the Financial Guarantee unless authorized by the City in accordance with the CFA Ordinance. City of Fort Worth, Texas Page 3 of 16 Standard Community Facilities Agreement Rev. 9/21 6. Completion Deadline; Extension Periods This Agreement shall be effective on the date this Agreement is executed by the City's Assistant City Manager ("Effective Date"). Developer shall complete construction of the Improvements and obtain the City's acceptance of the Improvements within two (2) years of the Effective Date ("Term"). If construction of the Improvements has started during the Term, the Developer may request that this Agreement be extended for an additional period of time ("Extension Period"). All Extension Periods shall be agreed to in writing by the City and the Developer as set forth in a written amendment to this Agreement. In no event shall the Term of this Agreement plus any Extension Periods be for more than three years. 7. Failure to Construct the Improvements (a) The City may utilize the Developer's Financial Guarantee to cause the completion of the construction of the Improvements if at the end of the Term, and any Extension Periods, the Improvements have not been completed and accepted by the City. (b) The City may utilize the Developer's Financial Guarantee to cause the completion of the construction of the Improvements or to cause the payment of costs for construction of the Improvements before the expiration of the Term, and any Extension Period, if the Developer breaches this Agreement, becomes insolvent, or fails to pay costs of construction. (c) If the Financial Guarantee is a Completion Agreement and the Developer's contractors or suppliers are not paid for construction costs or materials supplied for the Improvements the contractors and suppliers may place a lien upon any property which the City does not have an ownership interest that is the subject of the Completion Agreement. (d) Nothing contained herein is intended to limit the Developer's obligations under the CFA Ordinance, this Agreement, the Financial Guarantee, Developer's agreements with Developer's contractors, or other related agreements. 8. Termination If Developer desires to terminate this Agreement before Developer's contractors begin constructing the Improvements, Developer agrees to the following: (a) that Developer and City must execute a termination of this Agreement in writing; (b) that Developer will vacate any final plats that have been filed with the county where the Project is located; and (c) to pay to the City all costs incurred by the City in connection with this Agreement, including time spent by the City's inspectors at preconstruction meetings. 9. Award of Construction Contracts City of Fort Worth, Texas Page 4 of 16 Standard Community Facilities Agreement Rev. 9/21 (a) Developer will award all contracts for the construction of the Improvements and cause the Improvements to be constructed in accordance with the CFA Ordinance. (b) Developer will employ construction contractors who meet the requirements of the City to construct the Improvements including, but not limited, to being prequalified, insured, licensed and bonded to construct the Improvements in the City. (c) Developer will require Developer's contractors to provide the City with payment and performance bonds naming the City and the Developer as dual obligees, in the amount of one hundred percent (100%) of the cost of the Improvements as required by the CFA Ordinance. The payment and performance bonds shall guarantee construction of the Improvements and payment of all subcontractors and material suppliers. Developer agrees to require Developer's contractors to provide the City with a maintenance bond naming the City as an obligee, in the amount of one hundred percent (100%) of the cost of the Improvements, that guarantees correction of defects in materials and workmanship for the Improvements by the contractor and surety for a period of two (2) years after completion and final acceptance of the Improvements by the City. All bonds must be provided to the City before construction begins and must meet the requirements of the City's Standard Conditions, Chapter 2253 of the Texas Government Code, and the Texas Insurance Code. (d) Developer will require Developer's contractors to provide the City with insurance equal to or in excess of the amounts required by the City's standard specifications and contract documents for developer -awarded infrastructure construction contracts. The City must be named as an additional insured on all insurance policies. The Developer must provide the City with a Certificate of Insurance (ACORD or form approved by the State of Texas), supplied by each contractor's insurance provider, which shall be made a part of the Project Manual. (e) Developer will require the Developer's contractors to give forty-eight (48) hours' advance notice of their intent to commence construction of the Improvements to the City's Construction Services Division so that City inspection personnel will be available. Developer will require Developer's contractors to allow construction of the Improvements to be subject to inspection at any and all times by the City's inspectors. Developer will require Developer's contractors to not install or relocate any sanitary sewer, storm drain, or water pipe unless a City inspector is present and gives consent to proceed, and to allow such laboratory tests as may be required by the City. M Developer will not allow Developer's contractors to begin construction of the Improvements until a notice to proceed to construction is issued by the City. (g) Developer will not allow Developer's contractors to connect buildings to service lines of sewer and water mains constructed pursuant to this Agreement, if any, until said sewer, water mains and service lines have been completed to the satisfaction of the City. 10. Utilities Developer shall cause the installation or adjustment of utilities required to: (1) serve the Project; and (2) to construct the Improvements required herein. City shall not be responsible for payment of any costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with any of the Improvements to be constructed pursuant to this Agreement. City of Fort Worth, Texas Page 5 of 16 Standard Community Facilities Agreement Rev. 9/21 11. Easements and Rights -of -Way Developer agrees to provide, at its expense, all necessary rights -of -way and easements required for the construction and dedication to the City of the Improvements provided for by this Agreement. 12. Liability and Indemnification (a) DEVELOPER HEREBY RELEASES AND AGREES TO INDEMNIFY, DEFEND AND HOLD THE CITY HARMLESS FOR ANY INADEQUACIES IN THE PRELIMINARY PLANS, SPECIFICATIONS, ENGINEERING PLANS, AND COST ESTIMATES SUPPLIED BY THE DEVELOPER FOR THIS AGREEMENT. (b) THE DEVELOPER COVENANTS AND AGREES TO, AND BY THESE PRESENTS DOES HEREBY FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM ALL SUITS, ACTIONS OR CLAIMS OF ANY CHARACTER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ONACCOUNT OFANYINJURIES OR DAMAGES SUSTAINED BYANYPERSONS, INCLUDING DEATH, OR TO ANY PROPERTY, RESULTING FROM OR IN CONNECTION WITH THE CONSTRUCTION, DESIGN, PERFORMANCE OR COMPLETION OF ANY WORK TO BE PERFORMED BY SAID DEVELOPER, ITS CONTRACTORS, SUBCONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, OR IN CONSEQUENCE OF ANY FAILURE TO PROPERLY SAFEGUARD THE WORK, OR ONACCOUNT OFANYACT, INTENTIONAL OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID DEVELOPER, ITS CONTRACTORS, SUB -CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, WHETHER OR NOT SUCHINJURIES, DEATH OR DAMAGESARE CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS, SERVANTS, OR EMPLOYEES. (c) DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, SUITS OR CAUSES OF ACTION OF ANY NATURE WHATSOEVER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ON ACCOUNT OF ANY INJURIES OR DAMAGES TO PERSONS OR PROPERTY, INCLUDING DEATH, RESULTING FROM, OR INANY WAY CONNECTED WITH, THE CONSTRUCTION OF THE IMPROVEMENTS CONTEMPLATED HEREIN, WHETHER OR NOT SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS, SERVANTS, OR EMPLOYEES. FURTHER, DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY 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 City of Fort Worth, Texas Page 6 of 16 Standard Community Facilities Agreement Rev. 9/21 Upon completion of all work associated with the construction of the Improvements, Developer will assign to the City a non-exclusive right to enforce the contracts entered into by Developer with its contractors, along with an assignment of all warranties given by the contractors, whether express or implied. Further, Developer agrees that all contracts with any contractor shall include provisions granting to the City the right to enforce such contracts as an express intended third party beneficiary of such contracts. 14. Estimated Fees Paid by Developer; Reconciliation Prior to execution of this Agreement, Developer has paid to the City the estimated cost of administrative material testing service fees, construction inspection service fees, and water testing lab fees in the amounts set forth in the Cost Summary section of this Agreement. Upon completion of the construction of the Improvements, the City will reconcile the actual cost of administrative material testing service fees, construction inspection service fees, and water testing lab fees with the estimated fees paid by Developer. If the actual costs of the fees are more than the estimated payments made by the Developer, the Developer must pay the difference to the City before the Improvements will be accepted by the City. If the actual costs of the fees are less than the estimated payments made by the Developer, the City will refund the difference to the Developer. If the difference between the actual costs and the estimated payments made by the Developer is less than fifty dollars ($50.00), the City will not issue a refund and the Developer will not be responsible for paying the difference. The financial guarantee will not be released by the City or returned to the Developer until reconciliation has been completed by the City and any fees owed to the City have been paid by the Developer. 15. Material Testing The City maintains a list of pre -approved material testing laboratories. The Developer must contract with material testing laboratories on the City's list. Material testing laboratories will provide copies of all test results directly to the City and the Developer. If the Improvements being constructed fail a test, the Developer must correct or replace the Improvements until the Improvements pass all retests. The Developer must pay the material testing laboratories directly for all material testing and retesting. The City will obtain proof from the material testing laboratories that the material testing laboratories have been paid in full by the Developer before the City will accept the Improvements. 16. Notices All notices required or permitted under this Agreement may be given to a party by hand - delivery or by mail, addressed to such party at the address stated below. Any notice so given shall be deemed to have been received when deposited in the United States mail so addressed with postage prepaid: CITY: Development Coordination Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 With copies to: City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 DEVELOPER: HMH Deer Creek Land, LLC 1038 Texas Trail, Grapevine, Texas 76051 Page 7 of 16 City Attorney's Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 and City Manager's Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 Or to such other address one party may hereafter designate by notice in writing addressed and mailed or delivered to the other party hereto. 17. Right to Audit Developer agrees that, until the expiration of three (3) years after acceptance by the City of the Improvements constructed pursuant to this Agreement, that the City shall have access to and the right to examine any directly pertinent books, documents, papers and records of the Developer involving transactions relating to this Agreement. Developer agrees that the City shall have access during normal working hours to all necessary Developer facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Developer reasonable advance notice of intended audits. Developer further agrees to include in all contracts with Developer's contractors for the Improvements a provision to the effect that the contractor agrees that the City shall, until the expiration of three (3) years after final payment under the contract, have access to and the right to examine any directly pertinent books, documents, papers and records of such contractor, involving transactions to the contract, and further, that City shall have access during normal working hours to all of the contractor's facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Developer's contractors reasonable advance notice of intended audits. 18. Independent Contractor It is expressly understood and agreed that Developer and its employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers shall operate as independent contractors as to all rights and privileges and work performed under this Agreement, and not as agents, representatives or employees of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Developer shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer acknowledges that the doctrine of respondeat superior shall not apply as between the City and its officers, representatives, agents, servants and employees, and Developer and its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer further agrees that nothing herein shall be construed as the City of Fort Worth, Texas Page 8 of 16 Standard Community Facilities Agreement Rev. 9/21 creation of a partnership or joint enterprise between City and Developer. It is further understood that the City shall in no way be considered a co -employer or a joint employer of Developer or any employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers of Developer. Neither Developer, nor any officers, agents, servants, employees or subcontractors of Developer shall be entitled to any employment benefits from the City. Developer shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. The City, through its authorized representatives and employees, shall have the sole and exclusive right to exercise jurisdiction and control over City employees. 19. Applicable Law; Venue This Agreement shall be construed under and in accordance with Texas law. Venue shall be in the state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 20. Non -Waiver The failure of the City to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely on any such term or right on any future occasion. 21. Governmental Powers and Immunities. It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities. 22. Headings The paragraph headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. 23. Severability In the event that any clause or provision of this Agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not affect any of the remaining provisions hereof. 24. Review of Counsel City 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 City of Fort Worth, Texas Page 9 of 16 Standard Community Facilities Agreement Rev. 9/21 normally call for the document to be interpreted as against the drafting party shall not apply in interpretation of this Agreement, and each section, portion, and provision of this Agreement shall be construed solely on the basis of the language contained therein, regardless of who authored such language. 25. Prohibition on Boycotting Israel Developer acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company with 10 or more full-time employees that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" have the meanings ascribed to those terms by Chapter 2271 of the Texas Government Code. To the extent that Chapter 2271 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not boycott Israel; and (2) will not boycott Israel during the term of this Agreement. 26. Prohibition on Boycotting Energy Companies Developer acknowledges that in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meanings ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 27. Prohibition on Discrimination Against Firearm and Ammunition Industries Developer acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. City of Fort Worth, Texas Page 10 of 16 Standard Community Facilities Agreement Rev. 9/21 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. 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 City of Fort Worth, Texas Page 11 of 16 Standard Community Facilities Agreement Rev. 9/21 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 16 Standard Community Facilities Agreement Rev. 9/21 36. Cost Summary Sheet Project Name: Deer Creek Meadows Phase 1 CFA No.: 23-0049 Items A. Water and Sewer Construction 1. Water Construction 2. Sewer Construction Water and Sevier Construction Total City Project No.: 104026 B. TPW Construction 1. Street 2. Storm Drain 3. Street Lights Installed by Developer 4. Signals TPW Construction Cost Total Total Construction Cost (excluding the fees) Estimated Construction Fees: C. Construction Inspection Service Fee D. Administrative Material Testing Service Fee E. Water Testing Lab Fee Total Estimated Construction Fees: Financial Guarantee Options, choose one Bond = 100% Completion Aqreement = 100% / Holds Plat Cash Escrow Water/Sanitary Sewer= 125% Cash Escrow Pavinq/Storm Drain = 125% Letter of Credit = 125% Escrow Pledqe Aqreement = 125% Developer's Cost $ 1,619,297.70 $ 1,290,050.00 $ 2,909,347.70 $ 3,123,651.35 $ 1,769,963.50 $ 260,437.52 $ 5,154,052.37 $ 8,063,400.07 $81,250.00 $23,765.00 $1,500.00 $ 106,515.00 IPRC No.: 22-0054 Choice Amount (Mark one $ 8,063,400.07 X $ 8,063,400.07 $ 3,636,684.63 $ 6,442,565.46 $ 10,079,250.09 $ 10,079,250.09 City of Fort Worth, Texas Page 13 of 16 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 Dana Burghdoff (JA 23, 20 :07 CDT) Dana Burghdoff Assistant City Manager Date: Recommended by: Dwayne Hollars/Bichson Nguyen Contract Compliance Specialist Development Services Approved as to Form & Legality: Thomas Royce Hansen Assistant City Attorney II M&C No. n/a Date: J u n 22, 2023 Form 1295: n/a 4d44Upnq� ORt a4 0 A�`o ogN�d ATTEST: °ap°s o=a° aaa rEZA5a4b /� Obunu444 Jannette S. Goodall City Secretary City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 DEVELOPER HMH Deer Creek Land, LLC A Texas limited liability company By: BNMJR, Inc. a Texas corporation its Manager A�IIAAIP 3e B. Nelson Mitchell, Jr. CEO Date: Jun 22, 2023 Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Rebecca Diane Owen (Jun 22, 202316:30 CDT) Rebecca Diane Owen Development Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 14 of 16 The following attachments are incorporated into this Agreement. To the extent a conflict exists between the main body of this Agreement and the following attachments, the language in the main body of this Agreement shall be controlling. Included Attachment ❑X Attachment 1 - Changes to Standard Community Facilities Agreement ❑ Attachment 2 — Phased CFA Provisions ❑ Attachment 3 — Concurrent CFA Provisions ® Location Map ® Exhibit A: Water Improvements ® Exhibit A-1: Sewer Improvements ® Exhibit B: Paving Improvements ® Exhibit B-1: Storm Drain Improvements ® Exhibit C: Street Lights and Signs Improvements ® Cost Estimates (Remainder of Page Intentionally Left Blank) City of Fort Worth, Texas Page 15 of 16 Standard Community Facilities Agreement Rev. 9/21 ATTACHMENT "I" Changes to Standard Community Facilities Agreement City Project No. 104026 None City of Fort Worth, Texas Page 16 of 16 Standard Community Facilities Agreement Rev. 9/21 (O N O N ro O T 0 N 01 3 Q L� U I I 2 U 0 I uj O 00 O I 2 C1_ Q U / 0 CL 3 0 -0 0 a> a� a> U L 0 I O 00 O / LiJ yner Rarrh Rd ;r� Lincolnshire %01 l YcAstdse St W—dhau Way ingharn St ter Ct Soutrview Or Old .lwy nail o Grerh.11 Trail .� � � N 5- Putttda)e Dr C 4 d � a W Kisinger Rd o-SITE 3 z eeF Clair Rd N N� Palletti 4 � 9 � 1:� W Risingor Rd E Rising DEER CREEK NORTH L-y Crest Dr Rustic View Rd Rtdden Dale Dr oc Noble Cvcve Ln F �Nn1n Park C Deer Lake Dr Fsvrn meadow Dr en ;roo.e Ln 2 u THE PARKS Of DEER CREEK THE PARKS OF DEER CREEK EN Run Dr x Fairhrnoktn $ o G Pirvw+ew In -1 f =' O SCALE 1"= 2000' DEED CREEK MEADOWS PHASE I LOCATED IN CITY OF FORT WORTH, TEXAS C]PN o 104026 MAPSC® ITT®.: 117 E & ]F 13RLPARLD FOR: esL 1949 1038 Texan Trail, Grapevine, Texas 76051 (866) 409 - 1949 PREPARED BY: GMcivil Engineering & Surveying 2559 S W Grapevine Pkwy, Grapevine, Texas 76051 817 -329-4373 TxEng Firm k F-2944 1 TxS— Firm # 10021700 DEER CREEK MEADOWS PHASE I, �y WATER EXHIBIT 1"A" ���° ��A CPN : 104025 �+ SCALE: 1"= EX. INFRASTRUCTURE 1 2 26X 0, l/3TQ C R 7 8 9C0 Y / F oGy�Fsr 23 4 5 0" 36CG 9 25X 35 /V 34 33 ~ 12" W.L. 4 5 32 EX. INFRASTRUCTURE (X-15455) No, 0/9 28 5 4 5 27 1 14 K 6 7 8 ... -��26 16 13 13 12 11 0�25 17 12 4 10 9 Q�24 18 I1 3 5 O23 19 ., 10 9 2 C6 7 22 20 8 T8 ' 16 15 K 9 10 � 7 - ¢14 13 12 . c 0 5 6 1 @, 4 R7VF / 1 1 \ 12 8 +\ 10 4 3 5 6 7 0 13 9 3 - 2 B( C 7 8 9 6 14 8 2 1 20 10 b 11i 7 1 21 19� 11 4 16 Q 6 18 12 3 17 �5 oc •. Q17 13 7 18 ~4 2 Q 3 �� 16 14 3 ?0� 4 5e9jZ 15 2 7 c� 14 16 �F� 9 17 �TFF( PROPOSED WATER LINE (12" & 8" TYPICAL) W EXISTING WATER LINE W 12" W.L. PREPARED FOR: ast 1949 1030 T—n Trail, Grapevine, Texas 76051 (866) 409 -1999 PREPARED BY: o n 12 90 4 e7U34' 3 U GMcivit \\ Engineering & Surveying 2559 SW Grapevine Pkwy, Grapevine, Texas 76051 8173 9-4373 -,,F, F,, X F-2944 1 Tx5— Fm 4 1,7021700 E:\10805 — Deer Creek Meadow\Plans\CFA\PH-1\10805—DCM—PH1—CFA.dwg Wed May 03 2023 16:58 DEER CREEK MEADOWS PHASE I SEWER EXHIBIT "A-1" CPN : 104026 PROPOSED SEWER LINE (8" S.S. TYPICAL) S EXISTING SEWER LINE c 7 b >� r\ V 1 26X 8" S. 2 3 4 5 at EX. INFRASTRUCTURE r� c R ' 8 9 �KN (X-20368) 3 F 0 8" S. 2 4 5 11 39 38 B< C 25X ( 37 G 9 q36 35 34 33 \ 1 3 4 S 32 �� S40, K- 6 10 12 16 15 7S 14 13 F 7 8 ` 31 11 11 [� q F12 11 10 'Co. 30 12 14 9 29 13 15 z 1 3 28 • 14 516 75 4 5 27 IS 17 O 4 5 16 7 8 26 6 18 13 12 e25 17 - 19 10 9 'Z�24 18 20 �23 19 �., 21 't 22 20 22 24 �10 9 SCALE: I" = 400' PREPARED FOR: asL 1949 1030 T—n Trail, Grapevine, Texas 76051 (866) 409 -1949 PREPARES) BY: GMcivit Engineering & Surveying 25595W Grapevine Pkwy, Grapevine, Texas]6051 817-329 SHEET I OF 2 TxEng Frm # F-2817 1 -x_— Frm # 10021 700 E:\10805 — Deer Creek Meadow\Plans\CFA\PH-1\10805—DCM—PH1—CFA.dwg Wed May 03 2023 16:58 SEWER EXHIBIT "A -I" CPN : 104026 PROPOSED SEWER LINE (8" S.S. TYPICAL) s EXISTING SEWER LINE (X-20368) 8" S.S. U) & BEGIN 10" S.S. SCA LL: P = 400' J['REPARED FOR: gist. 1949 1036 Texan hail, Grapevine, Texas 76051(666) 409-1949 PREPARED BY: GMcivil Engineering & Surveying 25595W Grapevine Pk, Grapevine, Texas 76051 2973 SHEET 2 OF 2 1xen9 Finn # F-29144 1 T S— Frm # 10021700 E:\10805 — Deer Creek Meadow\Plans\CFA\PH-1\10805—DCM—PH1—CFA.dwg Wed May 03 2023 17:11 DEER CREEK MEADOWS PHASE I WAVING FXHIBI 11B" b� b >� NMK4T 2� 3 y SCALE: P _ 4001 PROPOSED 2-23' B-B ROADWAY w/ 1 10' R.O. W. 10" PCC PAVEMENT w/ 8" LIME -STABILIZED SUBGRADE PROPOSED 37B-B ROADWAY w/60'R.O.W. i 7.5" PCC PAVEMENT w/ 8" LIME -STABILIZED SUBGRADE PROPOSED 29' B-B ROADWAY A w/ 50' R.O. W. ° < ° 6" PCC PAVEMENT w/ 6" LIME -STABILIZED SUBGRADE SIDEWALK BY HOMEBUILDER EXISITNG SIDEWALK — SIDEWALK PER THIS CONTRACT OADA RAMPS PER THIS CONTRACT PREPARED FOR: n 1030 Texan hail, Grapevine, Texas 76051 (866) 409 -1949 PREPARED BY: GMcivil m 1 Engineering & Surveying 2559 SW Grapevine Pkwy, Grapevine, Texas 76051 817-329-4373 T,,Eng F,- # F-2944 1 TxS— F— # 10021700 E:\10805 — Deer Creek Meadow\Plans\CFA\PH-1\10805—DCM—PH1—CFA.dwg Wed May 03 2023 16:59 MEADOWS PHASE I STORM DR-AIN EXHIBIT "]B-1" b� b >� 7\ V b Rg44R0 Nk",� 3 .' \ 26X SCALE: I" = 400' PROPOSED STORM DRAIN EXISTING STORM DRAIN PREPARED FOR: n 1030 Ire— hail, Grapevine, Texas 76051 (866) 409 -1949 PREPARED BY: 19 pF� e`°°�e 20 23�y GMcivit a Engineering & Surveying 2559 SW Grapevine Pkwy, GrppeArre. Texas 76051 817-329-4373 TxEng Firm B F-2944 I Tx$ury Firm 8 10021700 E:\10805 — Deer Creek Meadow\Plans\CFA\PH-1\10805—DCM—PH1—CFA.dwg Wed May 03 2023 17:00 DEER CREEK MEADOWS PHASE I STREET LIGHTS & SIGNS DGMIT "C" CPN :104026 ��7 a, SCALE 1" = 400' 2 26X 3 4 i0 MUHT✓4 5.6:7 61�'rH i 3 F . 5 6 O,p7V. 8 910 11 M 2 4 O� 1 39 B( 8 0 25X ✓ 3736 G 9 OO UpgyQ�7� 35 F 34 33 1 2 3 " - 40X Q� 76 4 5 6 are 32 10 • 12- lkL 14 13 12 7 8 31 13 j' PROPOSED STREET LIGHT L9&,- " 70 30 12 '' 14 • dj 9 29 3 15 15,2 .. ' � 3 28 74 16,1x 14 e oQKF 6 7 ,A ' 26' ! 165 B7mU EXISTING STREET LIGHT 13 - 12 O 25 17 19-e 19 12 4 t 1 10 9 O4�24 18 20 101' 3 5 - . 01 23 19 21 PROPOSED STREET 9 66/7 /$ 2z � � j� , 22 NAME SIGN U� 8 I 16 K0 9 10 21. 23 O 7 16 15 14 10 1 24 4 i U0Ri�F 12 11 9 11 � PREPARED FOR: / z o 45 � 3 5 6 780 3 9 if 7� 3 2 B 7 8 9 6m 14 ,O8 2 .�1 20 10 5 15 19 �7 �. 1 21 11 4 16 O q ,17 �,`` 56� � 18 12 3 �149 •a. . e 17 13 2 18 hq \\ 3 19 3 yr 109e Texan hall, Gnparlm, Texas \ f 20 2 7fi0511eM400-1se9 4 5@q� 15 6 Fyn, 15 1 y 7 8�T' 14 16 1, 7 PREPARED BY: 9 10 13 18 5 sleez B1 12 19 r' 34. F� �e 20 2 m GMcivit Engineering & Surveying 2559 SW Grapevine Pl-y, GmpaVna. Texas 76051 817-3294373 TxEng Firm B F2944 I TxSum Fim N 10021700 E:\10805 — Deer Creek Meadow\Plans\CFA\PH-1\10805—DCM—PHI—CFA.dwg Wed May 03 2023 17:00 UNIT PRICE BID SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Deer Creek Meadows Phase 1, City Project #104026 Project Item Informatu n Bidlist Item Description Water Facilities I 1 0241.1118 4"-12" Pressure Plug I 2 3305.0109 Trench Safely I 3 3311.0001 Ductile Iron Water Fittings w/ Restraint 1 4 3311.0061 4" PVC Water Pipe I 5 3311.0161 6" PVC Water Pipe 6 3311.0241 8" PVC Water Pipe 7 3311.0241 8" PVC Water Pipe, CSS Backfill 8 3311.0461 12" PVC Water Pipe 9 3311.0462 12" PVC Water Pipe, CSS Backfill Bidder's Proposal Specification Unit of Bid Unit Price Bid Value Section No. Measure Ouannty 0241 14 EA 11 $210.00 $2,310.001 330510 LF 10,717 $0.10 $1,071.70 331111 TON 2.8 $27,000.00 $75,600.00 331112 LF 16 $4800 $76800 331112 LF 148 $4100 $6,660:00 331110, LF 7,381 $68.00 $501,908.00 3311 12 331110, LF 295 $78.00 $23,010.00 3311 12 331110, LF 2,728 $113.00 $308,264.00 3311 12 331110, LF 149 $130.00 $19,370.00 3311 12 I 10 3312.0001 Std. Fire Hydrant Assembly w/ 6" Gate Valve & Valve Box 33 12 40 EA 7 $7,620.00 $53,340.00 I 11 3312:20031"Water Services 331210 EA 201 $1,410.00 $283,410.00- 1 12 3312210311/2"Water Service 331210 EA 3 $2,050.00 $6,150.00 I 13 3312.2801 3" Water Meter and Vault 33 12 11 EA 2 $32,00000 $64,00000 1 14 3312.2802 4" Water Meter and Vault 33 12 11 EA 2 $36,000:00 $72.000:00 6" Gate Valve 34 12 11 EA 8 $1 400.00 $11 200.0U H3312.3002 3312.3003 8" Gate Valve & Valve Box 33 12 20 EA 25 $2,500.00 $62,500.00 17 :3312.3005 12" Gate Valve & Valve Box 33 12 20 EA 11 $4 400.00 $48 400.00 18 :3312.4112 16" x 8" Tapping Sleeve & Valve 33 12 25 EA 1 $7,100.00 $7,100.00 H24 23 � 3999.0004 4" Irrigation Sleeves 00 00 00 LF 420 $25.00 $10 500.00 i3999.00053"PVC Water Pipe 000000 LF 52 $28.00 $1,456.001 Water Subtotal $1,619,297.701 31 3331.4108 6" Sewer Pipe 31 12, LF 26 $64.00 $1,664.00 333120 4 11 10, 33 32 3331.4109 6" Sewer Pipe, CSS Backfill 31 12, LF 19 $72.00 $1,368.00 333120 3311 10, 33 3331.4115 8" SDR-26 PVC Sewer Pipe 3331 12, LF 8816 $61.00 $537,776.00 33 31 20 34 3331.4116 8" PVC Sanitary Sewer Pipe w/ CSS Backfill 3311 10, LF 607 $80.00 $48,560.00 3311 12 3311 10, 35 3331.4201 10" Sewer Pipe 333112, LF 1342 $71.00 $95,282 00 333120 3311 10, 36 :3331.4203 10" Sewer Pipe, Select Backfill 33 31 12, LF 30 $100.00 $3,000.00 333120 37 :3339.1001 4' Std. Dia. Manhole 3 393 39 10' 3333 EA 51 $4,400.00 $224,400.00 39 20 38 3339.1003 4' Extra Depth Manhole 3 393 39 103333 VF 139 $185.00 $25,715.00 3926 39 9999.0001 Connect to Existing 4' S.S.M.H. 00 00 00 EA 2 $1,500.00 $3,000.00 Sanitary Sewer Subtotal $1,290,050.00 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Deer Creek Meadows Phase 1, City Project #104026 UNIT PRICE BID Project Item Information Bidder's Proposal Descnption Bidlist Specrficatron I Unit of Bid Unrt Btd Value Item Section No. Measure puantity Price Stone Drain Facilities I 40 3137.0104 Medium Riprap, dry 31 3700 SY 1 225 $90.001 $20,250001 I 41 3305.0109 Trench Safety 33 05 10 LF 1 6,942 $0.501 $3,471:001 I 42 33050112 Concrete Collar 3305 17 EA 1 6 $400,001 $2,400.001 I 43 3341:0201 21" RCP, Class III 3341 10 LF 1 714 $87.001 $62,118.001 I 44 33410205 24 RCP, Class III 3341 10 LF 1 1,426 $98.501 $140,461001 I 45 3341:0208 27" RCP, Class III 354110 LF 751 $107.001 $80,351001 I 46 3341.0309 36" RCP, Class III 3541 10 LF 1 1,401 $162.001 $226,962.001 1 47 3341.0402 42" RCP, Class III 3541 10 LF 984 $205.001 $201,720.001 1 48 3341.0409 48' RCP, Class III 354110 LF 220 $249.00 $54,780.001 1 49 3341.1102 4x3 Box Culvert 3341 10 LF 1,253 $309.001 $387,177.001 I 50 3341.1103 4x4 Box Culvert 334110 LF 193 $347.001 $66,971.001 I 51 3349.0001 4' Storm Junction Box 33 49 10 EA 1 12 $5,500.001 $66,000.001 I 52 3349.0002 5' Storm Junction Box 33 49 10 EA 5 $5,800.001 $29,000.001 I 53 3349.0003 6' Slone Junction Box 33 49 10 EA 1 1 $6,700.001 $6,700.001 I 54 3349.4109 36" SET, 1 pipe 33 49 40 EA 1 1 $3,800.001 $3,800.001 I 55 3349.5001 10' Curb Inlet 334920 EA 1 23 $5,500.001 $126,500.001 I 56 3349.5002 15' Curb Inlet 33 49 20 EA 1 9 $7,500.001 $67,500.001 I 57 3349.5003 20' Curb Inlet 33 49 20 EA 1 1 $9,600.001 $9,600.001 I 58 3349.7001 4' Drop Inlet 33 49 20 EA 1 2 $5,700.001 $11,400.001 I 59 9999.0001 11 x6 Junction Box 00 00 00 EA 1 1 25,200.001 $25,200.001 I 60 9999.0002 2-42" Flared Headwall 00 00 00 EA 1 1 $6,400.001 $6,400.001 I 61 9999.0003 3-4'x3' Straikt Headwall 00 00 00 EA 1 1 16,500.001 $16,500.001 I 62 9999.0004 4" Concrete (Detention Pond Pilot Channels) 00 00 00 SY 993 $80.501 $79,936.501 I 63 9999.0005 Concrete De entien Pond Outfall Structure 00 00 00 EA 1 1 62,850.001 $62,850.001 1 64 9999.0006 Access Manhole 00 00 00 EA 1 3 $3,970.001 $11.910.001 Storm Drain Subtotal 1 $11,769,963.50' Water/Sanitary Sewer/Storm Drain Facilities Subtotal 1 $4,679,311.201 Bid Summar�`( 1 Water/Sanitary SewerlStorm Drain Facilities Subtotal $4,679,311.201 1 Total Bid $4,679,311.20I 1 Performance/Payment and 2-year Maintenance Bonds * I $ 58,500.00 1 Grand Total $4,737,8101.20 *Bonds are not a bid item* This bid is submitted by the entity listed below: Company: Bumsco Construction By: Street Address: 6331 Southwest Blvd. City, State, Zip Code: Benbrook, TX 76132 Phone: 817-738-3200 Signature TitleVice Presdent Date' April 5, 2023 Contractor agrees to eomplete WORK for FINAL ACCEPTANCE within 115 working days after the date wheo the CONTRACT commences to run as provided in the General Cooditioas. END OF SECTION UNIT PRICE BID SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Deer Creek Meadows Phase 1, City Project #104026 Project Item Information Bidlist Description Item Paving Facilities I 65 '0241.1100 Remove Asphalt Pvmt I 66 0241.1300 Remove Conic Curb & Gutter 1 67 3211:0400 Hydrated Lime 9 30 lbs./S.Y. (Residential) 1 68 3211.0400 ydrated Lime a 36 lbs./S.Y. Arterial) 1 69 3211.0501 6" Lime Treated Subyrade (Residential) 1 70 3211.0502 8" Lime Treated Subgrade (Collector) 1 71 3211.0502 8" Lime Treated Subgrade (Arterial) 1 72 3213.0101 6" Concrete Pavement (Residential) 1 73 3213.0104 7.5" Concrete Pavement (Collector) 1 74 3213.0104 10" Concrete Pavement (Arterial) 1 75 3213.0301 5' Conc Sidewalk 1 76 3213.050, R-1 Ramp I 77 3213.0506 P-1 Ramp I 78 3217.0001 4" SLD Pvmt Marking HAS (W) 1 79 3217.0002 4" SLID Pvmt Markin HAS ( ) 1 80 3217.0003 4" BRK Pvmt Marklnq HAS y ) 8 3217.0202 8" SLID Pvmt Marking HAS Y) 82 291.0100 Topsoil 83 1292.0400 Seeoi e,, Hydmmulch I 84 :3441.4003 Fumisfi/insfall Alum Sign Ground Mount City Std. Bidder's Proposal Specification Unit of Bid Unit Price Bid Value I Section No. Measure Ouanuty 024115 SY 223 $32.00 $7,136.001 024115 LF 73 $15.00 $1,095.00 321129 TON 467.0 $291.95 $136,340.65 321129 TON 224.0 $291.99 $65,396.80 321313 SY 31,095 $3.25 $101,058.75 321129 SY 7,337 $3.2� $23,845.25 321129 SY 5,089 $3.25 $16,539.25 321313 SY 29,088 $51.tg $1,505,304.00 321313 SY 6,960 $60.65 $422,124.00 321313 SY 4,681 $80.80 $378,224.80 311320 LF 4,133 $40.40 $166,973.20 321320 EA 20 $3,300.00 $66,000.00 32 13 20 EA 24 $2,250.00 $54,000.00 321723 LF 260 $1.3e $351.00 321723 LF 946 $1.39 $1,277.10 321723 LF 1,393 $1.39 $1,880.55 321723 LF 717 $2.70 $1,935.90 3291 19 SY 3,816 $8.54 $32 436.00 32 92 13 SY 3,816 $2.0 $7,.22.80 344130 EA 27 $265.00 $7, 155.00 Bid Summary I Paving Facilities Subtotal $3,123,651.351 1 Total Bid $3,123,651.351 1 Performance/Payment and 2-year Maintenance Bonds * $32,000.00 1 Grand Total $3,155,651.351 *Bids are not a bid item* This bid is submitted by the entity listed below: Company:ress: Contracting, Inc. By.��� I ,� ^�/�� Street Address: ode Southwest Blvd //'t to City, State, Zip Code: Benbrook, TX 76132 Phone: 817-735-1600 Signature TitleVP Operations Date' 4-5.23 Contractor agrees w complete WORK for FINAL ACCEPTANCE within 115 working days aacr the date when the CONTRACT commences to run as provided in the General Conditions. END OF SECTION SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Deer Creek Meadows Phase 1, City Project #104026 UNIT PRICE BID Project Item Information Bidder's Proposal Bidlist Description Specification Unit of Bid Unit Price Bid Value Item Section No. Measure Ouantrtv Street tiro Facilities 1 100 2605.3 11 CONDT PVC SCH 40 (T) 26 05 33 LF 4,528 $17.01 $77,021.281 1 101 3441.1405 NO 21nsulated Elec Condr 344110 LF 3,144 $4.16 $13,079.041 1 102 3441.1408 NO 6 Insulated Elec Condr 34 41 10 LF 10,440 $2.13 $22,237.201 I 103 3441.1637 Install Tyyp 33A Arm I 104 3441.1633 TyQ� 339 Arm 34 41 20 3441 20 EA EA 4 35 $235.00 $235.00 $940.001 $8,225.001 I 105 3441.3201 LED L�) r 'Inp Fixture (R-2) 34 41 20 EA 34 $351.00 $11,934.001 I 106 3441.3201 LED L) rtigg Fixture IRA 34 41 20 EA 5 $351.00 $1,755.001 I 107 3441.3342 Rdwy Ilum N 18 Pole 34 41 20 EA 3 $2,181.00 $6,543.001 I 108 3441.3341 Rdwy Ilium TY 11 Pole 3441 20 EA 35 $2,049.00 $71,715.001 I 109 3441.1701 TY 1 S)/¢nal Foundation 3441 10 EA 35 $1,222.00 $42,770.001 I 110 3441.1703 TY 3 Swal Foundation 3441 10 EA 3 $1,406.0 $4,218.001 street Lighting Subtotal $260,437.521 Bid Summary I Street Lighting Facilities Subtotal $260,437.521 I Total Bid $260,437. I Performance/Payment and 2-year Maintenance Bonds * $3,400. 01 1 Grand Total $263,837.521 Bonds are not a bid item* This bid is submitted by the entity listed below: Company: Independent Utility Construction, Inc. 6 and Wolfe Street Address: 5109 Sun Valley Dr. City, State, Zip Cade: Ft. Worth, TX 76119 Phone: 817-478-44", office@iuctx.com ignat ' Title. President Data. 04/05/2023 Contractor agrees to complete WORK for FINAL ACCEPTANCE within 30 workivg days after the date when the CONTRACT commences to run as provided in the General Conditions. END OF SECTION