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HomeMy WebLinkAboutContract 60937Received Date: 2/13/2024 Received Time: 3:08 p.m. Developer and Project Information Cover Sheet: Developer Company Name Address, State, Zip Code: Phone & Email: Authorized Signatory, Title: Project Name: Brief Description: Project Location: Plat Case Number: PP-21-032 Mapsco: 05-C CFA Number: 23-0161 City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 Lennar Homes of Texas Land and Construction, Ltd. 1707 Marketplace Blvd, Suite 100, Irving TX 75063 817-829-3190; Jennlfer.Eller(a,Iennar.com Jennifer Eller, Authorized Agent Madero Phase 5 Water, Sewer, Paving, Drainage, and Streetlight North of Rancho Canyon Wy, East of Sendera Ranch Blvd Plat Name: Madero Council District: 10 City Project Number: 104856 IPRC23-0114 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 1 of 21 City Contract Number: 60937 STANDARD COMMUNITY FACILITIES AGREEMENT This COMMUNITY FACILITIES AGREEMENT ("Agreement") is made and entered into by and between the City of Fort Worth ("City"), a home -rule municipal corporation of the State of Texas, acting by and through its duly authorized Assistant City Manager, and Lennar Homes of Texas Land and Construction, Ltd. ("Developer"), acting by and through its duly authorized representative. City and Developer are referred to herein individually as a "party" and collectively as the "parties." WHEREAS, Developer is constructing private improvements or subdividing land within the corporate limits of Fort Worth, Texas or its extraterritorial jurisdiction, for a project known as Madero Phase 5 ("Project"); and WHEREAS, the City desires to ensure that all developments are adequately served by public infrastructure and that the public infrastructure is constructed according to City standards; and WHEREAS, as a condition of approval of the Project, Developer is required to bear a portion of the costs of municipal infrastructure by constructing the public infrastructure necessary for the Project as described in this Agreement ("Community Facilities" or "Improvements"); and WHEREAS, as a condition of approval of the Project, Developer is required to meet the additional obligations contained in this Agreement, and Developer may be required to make dedications of land, pay fees or construction costs, or meet other obligations that are not a part of this Agreement; and WHEREAS, the City is not participating in the cost of the Improvements or Project; and WHEREAS, the Developer and the City desire to enter into this Agreement in connection with the collective Improvements for the Project; NOW, THEREFORE, for and in consideration of the covenants and conditions contained herein, the City and the Developer do hereby agree as follows: 1. CFA Ordinance The Community Facilities Agreements Ordinance ("CFA Ordinance"), as amended, is incorporated into this Agreement by reference, as if it was fully set out herein. Developer agrees to comply with all provisions of the CFA Ordinance in the performance of Developer's duties and obligations pursuant to this Agreement and to cause all contractors hired by Developer to comply with the CFA Ordinance in connection with the work performed by the contractors. If a conflict exists between the terms and conditions of this Agreement and the CFA Ordinance, the CFA Ordinance shall control. OFFICIAL RECORD City of Fort Worth, Texas CITY SECRETARY Page 2 of 21 Standard Community Facilities Agreement FT. WORTH, TX Rev. 9/21 2. Incorporation of Engineering Plans The engineering plans for the Improvements that have been approved by the City ("Engineering Plans") are incorporated into this Agreement by reference as if fully set out herein. Developer shall provide at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to construct the Improvements required by this Agreement. 3. Description of Improvements; Exhibits and Attachments The following exhibits describe the general location, nature and extent of the Improvements that are the subject of this Agreement and are attached hereto and incorporated herein by reference: 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 21 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 21 Standard Community Facilities Agreement Rev. 9/21 (a) Developer will award all contracts for the construction of the Improvements and cause the Improvements to be constructed in accordance with the CFA Ordinance. (b) Developer will employ construction contractors who meet the requirements of the City to construct the Improvements including, but not limited, to being prequalified, insured, licensed and bonded to construct the Improvements in the City. (c) Developer will require Developer's contractors to provide the City with payment and performance bonds naming the City and the Developer as dual obligees, in the amount of one hundred percent (100%) of the cost of the Improvements as required by the CFA Ordinance. The payment and performance bonds shall guarantee construction of the Improvements and payment of all subcontractors and material suppliers. Developer agrees to require Developer's contractors to provide the City with a maintenance bond naming the City as an obligee, in the amount of one hundred percent (100%) of the cost of the Improvements, that guarantees correction of defects in materials and workmanship for the Improvements by the contractor and surety for a period of two (2) years after completion and final acceptance of the Improvements by the City. All bonds must be provided to the City before construction begins and must meet the requirements of the City's Standard Conditions, Chapter 2253 of the Texas Government Code, and the Texas Insurance Code. (d) Developer will require Developer's contractors to provide the City with insurance equal to or in excess of the amounts required by the City's standard specifications and contract documents for developer -awarded infrastructure construction contracts. The City must be named as an additional insured on all insurance policies. The Developer must provide the City with a Certificate of Insurance (ACORD or form approved by the State of Texas), supplied by each contractor's insurance provider, which shall be made a part of the Project Manual. (e) Developer will require the Developer's contractors to give forty-eight (48) hours' advance notice of their intent to commence construction of the Improvements to the City's Construction Services Division so that City inspection personnel will be available. Developer will require Developer's contractors to allow construction of the Improvements to be subject to inspection at any and all times by the City's inspectors. Developer will require Developer's contractors to not install or relocate any sanitary sewer, storm drain, or water pipe unless a City inspector is present and gives consent to proceed, and to allow such laboratory tests as may be required by the City. (f) Developer will not allow Developer's contractors to begin construction of the Improvements until a notice to proceed to construction is issued by the City. (g) Developer will not allow Developer's contractors to connect buildings to service lines of sewer and water mains constructed pursuant to this Agreement, if any, until said sewer, water mains and service lines have been completed to the satisfaction of the City. 10. Utilities Developer shall cause the installation or adjustment of utilities required to: (1) serve the Project; and (2) to construct the Improvements required herein. City shall not be responsible for payment of any costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with any of the Improvements to be constructed pursuant to this Agreement. City of Fort Worth, Texas Page 5 of 21 Standard Community Facilities Agreement Rev. 9/21 11. Easements and Rights -of -Way Developer agrees to provide, at its expense, all necessary rights -of -way and easements required for the construction and dedication to the City of the Improvements provided for by this Agreement. 12. Liability and Indemnification (a) DEVELOPER HEREBY RELEASES AND AGREES TO INDEMNIFY, DEFEND AND HOLD THE CITY HARMLESS FOR ANY INADEQUACIES IN THE PRELIMINARY PLANS, SPECIFICATIONS, ENGINEERING PLANS, AND COST ESTIMATES SUPPLIED BY THE DEVELOPER FOR THIS AGREEMENT. (b) THE DEVELOPER COVENANTS AND AGREES TO, AND BY THESE PRESENTS DOES HEREBY FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM ALL SUITS, ACTIONS OR CLAIMS OF ANY CHARACTER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ONACCOUNT OFANYINJURIES OR DAMAGES SUSTAINED BYANYPERSONS, INCL UDING DEATH, OR TO ANY PROPERTY, RESULTING FROM OR IN CONNECTION WITH THE CONSTRUCTION, DESIGN, PERFORMANCE OR COMPLETION OF ANY WORK TO BE PERFORMED BY SAID DEVELOPER, ITS CONTRACTORS, SUBCONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, OR IN CONSEQUENCE OF ANY FAILURE TO PROPERLY SAFEGUARD THE WORK, OR ONACCOUNT OF ANYACT, 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 21 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: Lennar Homes of Texas Land and Construction, Ltd. 1707 Marketplace Blvd, Suite 100 Irving, TX 75063 Page 7 of 21 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 21 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 21 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 21 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 21 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 21 Standard Community Facilities Agreement Rev. 9/21 36. Cost Summary Sheet Project Name: Madero Phase 5 CFA No.: 23-0161 City Project No.: 104856 Items Developer's Cost A. Water and Sewer Construction 1. Water Construction (Residentail) $ 1,382,328.00 2. Water Construction (Blazin Bronco Trail Infrastructure) $ 249,652.00 3. Sewer Construction (Residential) $ 1,467,155.00 Water and Seer Construction Total $ 3,099,135.00 B. TPW Construction 1. Street (Residential) $ 2,099,353.60 2. Street (Blazin Bronco Trail Infrastructure) $ 283,619.06 3. Storm Drain (Residential) $ 871,424.00 4. Storm Drain (Blazin Bronco Trail Infrastructure) $ 193,835.00 5. Street Lights Installed by Developer (Residential) $ 335,595.00 6. Signals $ - TPW Construction Cost Total $ 3,783,826.66 Total Construction Cost (excluding the fees): $ 6,882,961.66 Estimated Construction Fees: C. Construction Inspection Service Fee $90,000.00 D. Administrative Material Testing Service Fee $23,520.00 E. Water Testing Lab Fee $3,300.00 Total Estimated Construction Fees: $ 116,820.00 IPRC No.: 23-0114 Choice Financial Guarantee Options, choose one Amount (Mark one) Bond = 100% $ 6,882,961.66 X Completion Aqreement = 100% / Holds Plat $ 6,882,961.66 Cash Escrow Water/Sanitary Sewer= 125% $ 3,873,918.75 Cash Escrow Pavinq/Storm Drain = 125% $ 4,729,783.33 Letter of Credit = 125% $ Escrow Pledqe Agreement = 125% $ 8,603,702.08 City of Fort Worth, Texas Page 13 of 21 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 b Lennar Homes of Texas Land and Construction, Dana Burghdoff (Feb 3, 2024 :56 CST) Ltd. Dana Burghdoff Assistant City Manager 'lam„ Feb 13, 2024 Jennifer Eller (Feb 12, 202412:02 CST) Date: Jennifer Eller Recommended by: Authorized Agent Date: Feb 12, 2024 Dwayne Hollars/Bichson Nguyen Contract Compliance Specialist Development Services Approved as to Form & Legality: Thomas Royce Hansen Assistant City Attorney Contract Compliance Manager: M&C No. N/A By signing, I acknowledge that I am the person Date: Feb 12, 2024 responsible for the monitoring and Form 1295: N/A administration of this contract, including 4�g9Onn�� FORT ensuring all performance and reporting �� .0� p''°o requirements. ATTEST: P.O. 00%oo ,p adC tFX p5,aa'd �b'lnuaa�' Rebecca Owen (Feb 12, 202412:10 CST) Jannette S. Goodall Rebecca Diane Owen City Secretary Development Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Page 14 of 21 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 X❑ Attachment 1 - Changes to Standard Community Facilities Agreement X❑ Attachment 2 — Phased CFA Provisions © Attachment 3 — Concurrent CFA Provisions © Location Map ® Exhibit A: Water Improvements ❑X Exhibit A-1: Sewer Improvements X❑ Exhibit B: Paving Improvements © Exhibit B-1: Storm Drain Improvements © Exhibit C: Street Lights and Signs Improvements © Cost Estimates (Remainder of Page Intentionally Left Blank) City of Fort Worth, Texas Page 15 of 21 Standard Community Facilities Agreement Rev. 9/21 ATTACHMENT "I" Changes to Standard Community Facilities Agreement City Project No. 104856 None City of Fort Worth, Texas Page 16 of 21 Standard Community Facilities Agreement Rev. 9/21 ATTACHMENT "2" Phased CFA Provision City Project No. 104856 The improvements being constructed by Developer pursuant to this Agreement will connect to improvements Developer is constructing under a separate Community Facilities Agreement that have not been completed and accepted by the City. Therefore, this Agreement shall be considered a "Phased CFA" and the provisions contained in this section shall apply to this Agreement. The improvements being constructed by Developer under the separate Community Facilities Agreement shall be defined as the "Parent Project." The improvements being constructed by Developer under this Agreement shall be defined as the "Child Project." Developer acknowledges and agrees that due to Developer's election to construct a Phased CFA, the potential exists for technical, delivery, acceptance or performance problems (hereinafter "Construction Problems"). Construction Problems may include, but are not limited to: failure of the improvements to comply with the approved plans or City Specifications; failure of the improvements in the Parent Project and the Child Project to properly connect to each other; changes to the design or construction of the improvements in the Parent Project that impact the design and construction of the improvements in the Child Project; construction delays, delay claims, or claims for liquidated damages; increased costs for the Developer; failure of the improvements to pass inspection or material testing; or rejection by the City of some or all of the improvements and Developer having to remove and reconstruct the improvements at Developer's expense. In addition, Developer understands and agrees that disputes may arise between Developer's contractors or their subcontractors relating to responsibility for the Construction Problems. Developer shall be solely responsible for resolving disputes between contractors or disputes between contractors and subcontractors. Developer further acknowledges and agrees that Developer has notified all of Developer's contractors for the Project that Developer has elected to construct a Phased CFA, the provisions of this section, the risks associated with a Phased CFA, and that the City shall not bear any responsibility for Developer's decision to proceed with a Phased CFA. Developer shall not make the final connection of the improvements in the Child Project to the improvements in the Parent Project until the improvements in the Parent Project have been constructed and accepted by the City and the City has consented to Developer making the connection. Developer agrees that if this Agreement is for improvements relating to the construction, renovation or modification of one or more single family residential homes or structures, the City will not record the plat related to the Project until the improvements are constructed and accepted by the City. Developer agrees that if this Agreement is for improvements relating to the construction, renovation or modification of one or more commercial buildings or structures, the Developer shall not receive a Certificate of Occupancy from the City for the building(s) related to the Project until the improvements in this Agreement are constructed and accepted by the City. Developer further understands and agrees that completion of the improvements under this Agreement does not entitle Developer to obtain a final plat of the property until all other requirements of Federal law, State law, or the City Code relating to the filing and recording of a final plat have been met by Developer. City of Fort Worth, Texas Page 17 of 21 Standard Community Facilities Agreement Rev. 9/21 BY CHOOSING TO CONSTRUCT A PHASED CFA, DEVELOPER ASSUMES ALL RISKS AND DEVELOPER SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL DAMAGES, INCL UDING B UT NOT LIMITED TO ANYAND ALL ECONOMIC DAMAGES PROPERTY LOSS, PROPERTY DAMAGES AND PERSONAL INJURY, (INCLUDING DEATH), OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED. DEVELOPER HEREBY EXPRESSLY RELEASES AND DISCHARGES CITY FROM ANY AND ALL LIABILITY FOR DAMAGES, INCLUDING, BUT NOT LIMITED TO ANY AND ALL ECONOMIC DAMAGES, PROPERTYLOSS, PROPERTYDAMAGE AND PERSONAL INJURY (INCLUDING DEATH) ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION OF THE IMPROVEMENTS OR DEVELOPER'S DECISION TO CONSTRUCT A PHASED CFA. DEVELOPER, AT ITS SOLE COST AND EXPENSE, AGREES TO AND DOES HEREBY INDEMNIFY, DEFEND PROTECT, AND HOLD HARMLESS CITY, AND CITY'S OFFICERS, REPRESENTATIVES, AGENTS, EMPLOYEES, AND SERVANTS FOR, FROM AND AGAINST ANYAND ALL CLAIMS (WHETHER AT LAW OR INEQUITY), LIABILITIES, DAMAGES (INCLUDING ANY AND ALL ECONOMIC DAMAGES, PROPERTY LOSS, PROPERTY DAMAGES AND PERSONAL INJURIES INCLUDING DEATH), LOSSES, LIENS, CAUSES OFACTION, SUITS, JUDGMENTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION), OFANYNATURE, KIND OR DESCRIPTIONARISING OR ALLEGED TO ARISE BY OR IN ANY WAY RELATED TO CONSTRUCTION OF THE IMPROVEMENTS OR DEVELOPER'S CHOICE TO CONSTRUCTA PHASED CFA, OR (2) BY REASON OF ANY OTHER CLAIM WHATSOEVER OF ANY PERSON OR PARTY OCCASIONED OR ALLEGED TO BE OCCASIONED IN WHOLE OR IN PART BY THE CONSTRUCTIONS OF THE IMPROVEMENTS OR DEVELOPER'S CHOICE TO CONSTRUCT A PHASED CFA WHETHER OR NOT SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED. IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS, SERVANTS, OR EMPLOYEES. DEVELOPER Lennar Homes of Texas Land and Construction, Ltd. Jennifer Eller (Feb 12, 202411:02 CST) Jennifer Eller Authorized Agent Date: Feb 12, 2024 City of Fort Worth, Texas Page 18 of 21 Standard Community Facilities Agreement Rev. 9/21 ATTACHMENT " 3" Concurrent CFA Provision City Project No. 104856 The improvements being constructed by Developer pursuant to this Agreement will connect to improvements being constructed by 103700 under a separate Community Facilities Agreement, City Secretary Contract No. 59115 (Hereinafter the "Separate CFA"). Developer has requested and the City has agreed to allow Developer to begin the construction of the improvements contained in this Agreement before the improvements being constructed under City Secretary Contract No. 59115 are completed and accepted by the City. Therefore, this Agreement shall be considered a "Concurrent CFA" and the provision contained in this Attachment shall apply to this Agreement. The improvements being constructed under the Separate CFA shall be defined as the "Primary Project." The improvements being constructed by Developer under this Agreement shall be defined as the "Secondary Project." Developer acknowledges and agrees that due to Developer's election to construct a Concurrent CFA, the potential exists for technical, delivery, acceptance or performance problems (hereinafter "Construction Problems"). Construction Problems may include, but are not limited to: failure of the improvements to comply with the approved plans or City Specifications; failure of the improvements in the Primary Project and the Secondary Project to properly connect to each other; changes to the design or construction of the improvements in the Primary Project that impact the design and construction of the improvements in the Secondary Project; construction delays, delay claims, or claims for liquidated damages; increased costs for the Developer or the developer of the Primary Project; failure of the improvements to pass inspection or material testing; or rejection by the City of some or all of the improvements and Developer or the developer of the Primary Project having to remove and reconstruct the improvements at the expense of Developer, developer of the Primary Project, or both. In addition, Developer understands and agrees that disputes may arise between the contractors or subcontractors for the Primary Project and the contractors or subcontractors for the Secondary Project relating to responsibility for the Construction Problems. Developer shall be solely responsible for resolving disputes between contractors, disputes between contractors and subcontractors and disputes between Developer and the developer of the Primary Project. Developer acknowledges and certifies that Developer has entered into a written agreement with the developer of the Primary Project and said agreement: (1) provides Developer with any access needed through property owned by the developer of the Primary Project; (2) that Developer and the developer of the Primary Project shall resolve all disputes regarding the design and construction of the Primary Project and the Secondary Project; and (3) the developer of the Primary Project will notify Developer of any all changes to the design or construction of the improvements in the Primary Project, including any field changes. Developer further acknowledges and agrees that Developer has notified all of Developer's contractors for the Project that Developer has elected to construct a Concurrent CFA, the provisions of this Attachment, the risks associated with a Concurrent CFA, and that the City shall not bear any responsibility for construction of the improvements or Developer's decision to proceed with a Concurrent CFA. Developer shall not make the final connection of the improvements in the Secondary Project to the improvements in the Primary Project until the improvements in the Primary Project City of Fort Worth, Texas Page 19 of 21 Standard Community Facilities Agreement Rev. 9/21 have been constructed and accepted by the City and the City has consented to Developer making the connection. Developer agrees that if this Agreement is for improvements relating to the construction, renovation or modification of one or more single family residential homes or structures, the City will not record the plat related to the Project until the improvements are constructed and accepted by the City. Developer agrees that if this Agreement is for improvements relating to the construction, renovation or modification of one or more commercial buildings or structures, the Developer shall not receive a Certificate of Occupancy from the City for the building(s) related to the Project until the improvements in this Agreement are constructed and accepted by the City. Developer further understands and agrees that completion of the improvements under this Agreement does not entitle Developer to obtain a final plat of the property until all other requirements of Federal law, State law, or the City Code relating to the filing and recording of a final plat have been met by Developer. BY CHOOSING TO CONSTRUCT A CONCURRENT CFA, DEVELOPER ASSUMES ALL RISKS AND DEVELOPER SHALL BE LIABLE AND RESPONSIBLE FOR ANYAND ALL DAMAGES, INCLUDINGBUTNOTLIMITED TO, ANYAND ALL ECONOMICDAMAGES, PROPERTYLOSS, PROPERTYDAMAGESAND PERSONAL INJURY (INCLUDING DEATH), OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED. DEVELOPER HEREBYEXPRESSLYRELEASESAND DISCHARGES CITY FROM ANY AND ALL LIABILITY FOR DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL ECONOMIC DAMAGES, PROPERTY LOSS, PROPERTY DAMAGE AND PERSONAL INJURY (INCLUDING DEATH) ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION OF THE IMPROVEMENTS OR DEVELOPER'S DECISION TO CONSTRUCT A CONCURRENT CFA. DEVELOPER, AT ITS SOLE COST AND EXPENSE, AGREES TO AND DOESHEREBYINDEMNIFY, DEFEND, PROTECT, AND HOLD HARMLESS CITY, AND CITY'S OFFICERS, REPRESENTATIVES, AGENTS, EMPLOYEES, AND SER VANTS FOR, FROMAAD AGAINST ANYAND ALL CLAIMS (WHETHER AT LA W OR INEQUITY), LIABILITIES, DAMAGES (INCL UDING ANY AND ALL ECONOMIC DA MA GES, PR OPER TY L OSS, PR OPER TY DA MA GES A AD PERSONAL INJURIES INCL UDING DEA TH), LOSSES, LIENS, CAUSES OFACTION, SUITS, JUDGMENTSANOEXPENSES (INCLUDING, BUT NOT LIMITED TO, COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGA TION), OF ANY NATURE, KIND OR DESCRIPTION ARISING OR ALLEGED TO ARISE BY OR IN ANY WAY RELEATED TO CONSTRUCTION OF THE IMPROVEMENTS OR DEVELOPER'S CHOICE TO CONSTRUCT A CONCURRENT CFA, OR (2) BY REASON OF ANY OTHER CLAIM WHATSOEVER OF ANY PERSON OR PARTY OCCASIONED OR ALLEGED TO BE OCCASIONED IN WHOLE OR INPART BY THE CONSTRUCTION OF THE IMPROVEMENTS OR DEVELOPER'S CHOICE TO CONSTRUCT A CONCURRENT CFA, WHETHER OR NOT SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED. IN WHOLE OR IN PART. BY THE ALLEGED NEGLIGENCE OF THE CITY OFFORT WORTH, ITS OFFICERS. SERVANTS. OR EMPLOYEES. By signing below, Developer certifies that all statements contained in this Attachment "3" Concurrent CFA Provision are true and correct. City of Fort Worth, Texas Page 20 of 21 Standard Community Facilities Agreement Rev. 9/21 DEVELOPER Lennar Homes of Texas Land and Construction, Ltd. 1 Jennifer Eller (Feb 12, 202412:02 CST) Jennifer Eller Authorized Agent Date: Feb 12, 2024 City of Fort Worth, Texas Page 21 of 21 Standard Community Facilities Agreement Rev. 9/21 E 6 w O 0 'L'd^ I N VI E immmoE a SONGBIRD LN PROJECT LOCATION MADERO PHASE 4 104099 MADERO PHASE 3 CPN 103490 N RANCHO CANYON WA M N O N Lo N 01 3 v I� z \\ MADERO PHASE 2 U CPN 103676 a> 6 2 " u 6 a U 0 z 3 0 OWNED/DEVELOPED BY: N LENNAR HOMES OF TEXAS o LAND AND CONSTRUCTION, LTD. 0 1707 MARKET PLACE BOULEVARD g SUITE 100 IRVING, TEXAS 75063 XKYLE DICKERSON z PHONE: (469) 587-5206 Cri JOHN DAY RD. MAPSCO NO. 05-C COUNCIL DISTRICT 10 N � I SCALE: 1 "= 2000' 7 L'Dp �I �a aka C VICINITY MAP MADERO PHASE 5 CITY PROJECT NO.104856 LJA Engineering, Inc. ALA 6060 North Central Expressway Phone 469.621.0710 Suite 400 Dallas, Texas 75206 FRN - F-1386 EXISTING 24" DIP NSN WATER LINE CPN 00635 I Y I. LEGEND PROP05ED WATER LINE EXISTING WATER LINE LIMITS OF PROJECT P TUHMM I LpmwmL I VADERO c� EETURE PHAS- -- \ Ci _ 11 12 13 16 ,5 16" 1 2 3 4 5 6 7 B 9 10 11 12 13 14 , a el WL-14 r4tAacu IxtrvE 3 , 2b 1 ze 1 26 I — � 2 2 25 2 25 2 25 2 24 1 3 24 3 24 4 za N MADERO 4 q 4 23 4 22 3 s 2z 5 22 m 5 22 5 zt _FUTURE PHASE _ ZQ 5 21 U 6 21 6 21 i 40 qa A 7 V 2O ] 20 7 1' 7 20 7 19 \ 9 19 19 16 9 18 9 17 ,a 17 10 17 10 17 10 IB 11 16 11 18 n 15 12 15 12 15 12 IS 12 12' NS4 WL2 ` g5i4 j MADERO - SENDERA RANCH BLW 13 14 73 14 13 14 13 NOT EXISTING INFRASTRUCTURE — 1 — MADERO — SENDERA RANCH BOULEVARD eucXueoo 6oulevAlto - - CPN 103700 <2 41 40 39 36 37 36 35 3 33 32 ]t 3 29 28 27 26 25 24 23 22 (PROJECT IN CONSTRUCTION) ! J4 N , 2 3 4 5 6 7 e 9 10 11 12 13 14 t5 16 17 18 19 20 21 t d EILVING BRONCO -.Ral1 i ' OR IPNE 0 42 41 4G1 39 38 37 361 35 34 33 321 3130 29 281 27I 261 y FUTURE ELE]UEMARY SCHOOL — 12"_'MADERO I I FUTURE PHASE- MADERO FUTURE PHASE EXISTING 18" Pv�C NSIII WATER LINE MADERO PH45E 1 CPN 1.479 I I I I I I I l OWNED/DEVELOPED BY: LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD. 1707 MARKET PLACE BOULEVARD SUITE 100 IRVING, TEXAS 75063 KYLE DICKERSON E PHONE: (469) 587-5206 0 LNOT EXISTING INFRASTRUCTURE MADERO PHASE 4 CPN 104089 I 11PIROIJECT IN CONSTRUCTION) EXISTING 30" DIP NS4 WATER LINE — RANCHO CANYON WAY 30 INCH WATER MAIN CPN 10.78 I RANCHO CANYON WAY N SCALE:1" = 400' 16" NS4 WL12 / MADERO PHASE 4 CPN 104089 _00 0 WATER EXHIBIT 'A' MADERO PHASE 5 CITY PROJECT NO. 104856 LJA Engineering, Inc. `A 6060 North Central Expressway Phone 469.621.0710 Suite 400 Dallas, Texas 75206 FRN - F-1386 MADERO -FUTURE PHASE I &Ctw— LANE 7 7 z — MADERO —FUTURE PHASE LEGEND PROPOSED SAN SEWER FLOW DIRECTION 00 EXISTING SAN SEWER LIMITS OF PROJECT N SCALE:1" = 400' 1 I MADIERO I I I Jj1 [FUTURE.NOT EXISTING INFRASTRUCTURE PHASE E MADERO PHASE 4 CPN 104089 (PROJECT IN CONSTRUCTION) JIIIIIIIIII I` /` 9 11 12 1,ia 1s 16 1 2 3 4 5 6 7 8 9 10 11 1z 15 I_ . -, PMM� A_ ORNEc +,fie. v END & PLUGS 3 1 26 1 1 26 — 1 26 ''N2s n 8"I LIME 81 �I]����//55--1}JJ����2-- 2 25 2 25 2 25 2 2+ w o) 3 24 3 24 3 24 3 23 W 00 4 2a 4 23 4 23 w 4 22 3 Q Q 5 22 ? s 22 ° 5 21FUTURE _ f SC400L Q 6 21 c e 21 6 21 s 20 0_ EL MIE r 8 7 20 7 20 7 zo ? 7 19 3 Q e 19 8 9 18 15 9 1B5 17 10 17 IG 17 m 10 17 10 15 Q 11 IB 11 18 11 18 11 15 12 15 12 15 12 75 12 1d 113 14 13 14 13 as 4 BUCKAROO BOULEVARD S +2 at 40 39 38 37 38 35 34 33 32 31 30 29 28 27 "2.123 22 I I I I I EXISTING MADERO PHASE 1 CPN 103479 411mill T 8" SSt MADERO PHASE 1 i N I I I I I I I I I I I I I I 1 11 I I OWNED/DEVELOPED BY: LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD. 1707 MARKET PLACE BOULEVARD SUITE 100 IRVING, TEXAS 75063 KYLE DICKERSON E PHONE: (469) 587-5206 0 5 6 2 BLAZING BRONCO TRAIL 42 41 40s9 3q 37I 36 35 3+I 33 12 31 30I 29 2B 27I 2B -an 24 I I I II I I I I 8" LINE ENU & PLUG I I END & PLUC MADEF 8' LINE Z 8" LINE C 7 PHASE �f I �U I I IE k - ��, 1T MADERO \ �' Z ENO PLDG FUTURE PHASE END & PLUG \8'LINE A4 18" INEJAI I . 8" JN AB 8" uNE 1 IIIIIIIIII FT IT END & PLUG / W MADERO PHASE 3 UNE I CPN 103480 iEI I i _ ND & PLUG 09 I I I I I I I I I I I C B I uI U1 uNE AC I I I I I EXISTING MADERO PHASE 13 END &PLUG CPN 103480 ' B' UNE AC RANCHO CANYON WAY WASTEWATER MADERO PHASE 5 EXH I BIT 'A-l' CITY PROJECT NO.104856 LJA Engineering, Inc. `A 6060 North Central Expressway Phone 469.621.0710 Suite 400 Dallas, Texas 75206 FRN - F-1386 E 0 LEGEND PROPOSED 29'B—B N ROADWAY/50'ROW PROPOSED 2-15'B—B ?S?S� ROADWAY 80 ROW SCALE:1" = 4004 PROPOSED 37'B—B ROADWAY/60'ROW III III III PROPOSED SIDEWALK L_ J (BY HOMEBUILDER) PROPOSED SIDEWALK (BY DEVELOPER) NOT EXISTING INFRASTRUCTURE PROPOSED ADA RAMPS MADERO PHASE 4 (BY DEVELOPER) 0 CPN 104089 (PROJECT IN CONSTRUCTION) LIMITS OF PROJECT — — MADERO FUTIIRE PHAS= f I / \ It 12 1P4 13 16 1 2 3 < 5 5 7 B 9 10 11 12 13 14 15 00 I--�— AMA06LLA DRNE� J �t 1 26 I zb li 2 � 2.5V 2 24 1 3 2254 I I 3 24 3 2a I 3 23 z I MADERO 4 23 j 4 2J 14 23 p 4 22 FUTURE PHASE �I 5 22 II21 5 z2 5 22 � I 5 21 4, —v 0 6 21 s 8 21 31 6 20 EMNRE 7 V 20 s 7 '° 20 7 - 2D I 7 19 & ELEMENTARY Z 33 W i 6 19 �� B 19 ��I s 19 2I a is A'. II 9 18 '�I 9 16 �I 9 1fi ��'I 9 17 C!! Q II 10 17 ID 17 I'm 10 17 I !i 1G 1fi, I 11 16 11 16 11 16 II 15 I I 12 11 12 15 12 15 12 TING g NOT EXISINFRASTRUCTURE as 14 MADERO - SENDERA RANCH BOULEVARD " 14 3 14 13 14 13 CPN 103700 _ _ _ _ AB n nn_" HARD W >_ (PROJECT IN CONSTRUCTION) �' 42 41 40 39 38 37 36 35 34 33 32 31 3 29 28 27 26 25 24 23 22 PE c0-,pA� b / I 44 IIMBOR ,• I 2 3 a 5 6 7 8 9 10 n 12 13 14 15 1fi 17 Is t9 20 21 VING BRONCO TRAP — — _ — >8 / 42 41 40I 39 37 36 35 34 33 32 31 30 29 26 27 26 ao 24 II BLAZING BRONCO I7TWL I MADERO -FUTURE PHASE MADERO FUTURE PHASE I I NOT EXISTING INFRASTRUCTURE i — MADERO PHASE 4 — � N CPN 104089 (PROJECT IN CONSTRUCTION) I I RANCHO CANYON WAY PAVING MADERO OWNED/DEVELOPED BY: PHASE 5 LENNAR HOMES OF TEXAS EXHIBIT B CITY PROJECT NO.104856 LAND AND CONSTRUCTION, LTD. MARKET PLACE BOULEVARD SUIT ��� SUITE 100 IRVING, TEXAS 75063 LJA Engineering, Inc. KYLE 6060 North Central Expressway Phone 469.621.0710 PHONE:: (46(469) 587-520fi Suite 400 Dallas, Texas 75206 FRN - F-1386 LEGEND PROPOSED STORM EXISTING STORM DRAIN LINE DRAIN LINE N PROPOSED 10' INLET C1;0 EXISTING INLET % T SCALE:1" = 400' PROPOSED 15' INLET LIMITS OF PROJECT — — PROPOSED 3'x3' 0 STORM DRAIN HEADWALL DROP INLET PROPOSED 4'x4' ■ NOT EXISTING INFRASTRUCTURE DROP INLET MADERO PHASE 4 CPN 104089 (PROJECT IN CONSTRUCTION) So-3 42" MA.. PHASE 4 HHHHUHHHI I II II I1� MADERO FUTURE PHASE 11 12 1P4 15 16 1 12 1 4 5 16 7 8 I I B 11 12 13 14 15 \ 00 SD-3 1 0 AMAPOLA DRIVE y 1 21 I 28 1 2I 25 c Z r 2 2 25 � 2 25 2 25 2 24 _ 1 , 3 24 3 24 3 24 3 23 MADERO 4 23 i 4 23 4 23 4 22 3 -FUTURE PHASE 5 22 5 22 5 zz s 5 2, ,' —�' 6 21 c 6 21 S 6 21 h 6 20 ELFUTURE EMENTARY r i SCHOOL 1 V 211 7�f' 7 20 7 — 20 _ 7 19 t 8 19 8 18 8 19 ? 8 IS \ 9 18 M .i 9 IS 9 76 i 9 1Ld 7 MADEROSPHASE 4 Q nl J� 10 17 10 17 m' 10 17 10 16 LAT 2A 30" 11 IB It 76 11 16 11 15 MADERO PHASE 4 12 I5 12 150 12 15 12 I as to LAT 40 27° Q a?d. 13 14 13 14 I 13 14 13 CL Lij AL m BUCKAROO BOULEVARD Q T LAT 4-.'24-J 42 41 w 39 35 37 36 35 34 33 32 31 30 ]14 27 223 22 LAT2—Q 4TAMBORa1 2I3 4 55 7 a 9 10 II 12I7 IS 1617 18 02021 .ULVERT A38T-78 3'X3' RCB Bd N TaeVL SD-2 0— SD-7 42 a1 a0 39 38 37 36 15 74 33 32 -1] 30 29 M8 27 26 24 48" I 11 42" � ry'� ao SD-8 I I I I MADERO 24 'MADER0 _FUTURE PHASE FUTURE PHASE II II II NOT EXISTING INFRASTRUCTURE / I MADERO PHASE 4 — � � CPN 104089 (PROJECT IN CONSTRUCTION) 1 II I II l I l l 11 f l 1 J RANCHO CANYON WAY STORM DRAINAGE MADERO OWNED/DEVELOPED BY: EXHIBIT IB—l' PHASE 5 LENNAR HOMES OF TEXAS CITY PROJECT NO. 104856 LAND AND CONSTRUCTION, LTD, MARKET PLACE BOULEVARD SUIT 1AA SUITE ,00 IRVING, TEXAS 75063 LJA Engineering, Inc. KYLE 6060 North Central Expressway Phone 469.621.0710 PHONE:: (46(469) 587-5206 Suite 400 Dallas, Texas 75206 FRN - F-1386 1PHH I MADERO -FUTURE PHASE L _ m rc o — b TIMBOR LANE L_ g- _ 77 _ MADERC FUTURE PH LEGEND STOP SIGN WITH STREET NAME BLADES STOP SIGN ONLY STREET LIGHT TO INCLUDE STREET NAME BLADES AND STOP SIGN PROPOSED STREET LIGHT (TYPE 11 POLE, TYPE 1 FOUNDATION) EXISTING STREET .— LIGHT LIMITS OF PROJECT — — 1111 Ilii� ► �► �� MADERO 1 FUTURE PHASE — 11 12 1344 15 16I I 2 3 4 5 6 7 A. 10 11 12 13 14 15 L S-A OLA DRIVE _ j 1 26 I 2 1 28 I 25 2 2 25 2 25 2 25 2 2+ 1 1 24 3 24 3 2+ 3 21 + 23 c 4 21 4 23 4 22 cal u 5 22 5 22 5 22 ; 5 21 ddd3 6 21 1 e 21 fi 21 fA 120 z 7 20 � 7 U 20 m 1 — 20 7 19 r IIIIIIIII MADERO FUTURE III L III N SCALE:1" = 400' I III II � I I I Il l E— r + i RANCHO CPNYON WAY I � W co Q Q Of STREET NAME SIGNS & STREET LIGHT MADERO OWNED/DEVELOPED BY: IMPROVEMENTS PHASE 5 LENNAR HOMES OF TEXAS CITY PROJECT NO. 104856 LAND AND CONSTRUCTION, LTD. EXHIBIT 1C' MARKET PLACE BOULEVARD SUIT ��� SUITE ,00 IRVING, TEXAS 75063 LJA Engineering, Inc. KYLE 6060 North Central Expressway Phone 469.621.0710 PHONE:: (46(469) 587-5206 Suite 400 Dallas, Texas 75206 FRN - F-1386 UNIT PRICE BID SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Madero, Phase 5, Residential Madero Plm. 5 DAP -BID PROPOSAL Pegs 1 of 3 Bidder's Application Project Item Information I Bidders Proposa Bldhst Item No. Description J Specification Section No. Unit of Measure I Bid Quantity I Unit Price I I Bid Value UNIT I: WATER IMPROVEMENTS 1 0241.1118 4"-12" Pressure Plug 0241 14 EA 11 $1,500.00 $16,500.00 2 3305.0109 Trench Safety 33 05 10 LF 9736 $2.00 $19,472.00 3 3311.0001 Ductile Iron Water Fittings w/ Restraint 33 11 11 TON 3.52 $9,500.00 $33,440.00 4 3311.0241 8" Water Pipe 33 11 10. 33 11 12 LF 7503 $60.00 $450.180.00 5 3311.0254 8" DIP Water, CLSM Backfill 3311 10 LF 340.0 $80.00 $27.200.00 6 3311.0441 12" Water Pipe 32 11 10, 33 11 12 LF 1554 $100.00 $155,400.00 7 3311.0457 12" DIP Water, CLSM Backfill 3211 10 LF 66 $140.00 $9,240.00 8 3311.0541 16" Water Pipe 33 11 10, 33 11 12 LF 273 $152.00 $41.496.00 9 3312.0001 Fire Hydrant 33 12 40 EA 24 $6,500.00 $156,000.00 10 3312.0106 Connection to Existing 16" Water Main 33 1225 EA 1 $2,500.00 $2,500.00 11 3312.0117 Connection to Existinq_ 4"-12" Water Main 33 12 25 EA 1 $2,500.00 $2,500.00 12 3312.1002 2" Combination Air Vahre Assembly for Water 33 12 30 EA 1 $12,000.00 $12,000.00 13 3305.1003 20" Casin By Open Cut 33 05 22 LF 20 $420.00 $8.400.00 14 3312.2003 1" Water ervice 3312 10 EA 202 $1.300.00 $262.600.00 15 3312.2103 1.5" Water Service 3312 10 EA 1 $2,400.00 $2,400.001 16 3312.3003 8" Gate Valve 33 12 20 EA 33 $2,500.00 $82.500.001 17 3312.3005 12" Gate Valve 34 12 20 EA 5 $4.500.00 $22,500.001 18 3312.3006 16" Gate Valve w/ Vault 33 12 20 EA 1 2 $24,500.00 $49,000.001 19 3312.6002 6" Blow Off Valve 33 12 60 EA I 1 S12 500.00 $12.500.00 20 9999.0001 Flush Point 00 00 00 EA 11 $1,500.00 $16,600.00 TOTAL UNIT I: WA' )ER IMPROVEMENTS $1,382,328.001 UNIT II: SANITARY SEWER IMPROVEMENTS_ 1 3301.0002 Post -CCTV Inspection 3301 31 j LF 11967 $3.00 $35.901.001 2 3301.0101 Manhole Vacuum Testing 33 01 30 I EA 44 $200.00 $8.800.001. 3 3305.0109 Trench Safety 3305 10 LF 11967 $2.00 $23,934.001 4 3331.3101 4" Sewer Service 3331 50 1 EA 276 $850.00 $234,600.001 5 3331.4115 8" Sewer Pipe - SDR 26 33 11 10, 33 31 12,3331 20 1 LF 11212 $70.00 $784,840.001 6 3331.4116 8" Sewer Pipe, CSS Backfill 33 11 10, 33 31 12,3331 20 1 LF 755 $80.00 $60,400.001 7 3339.1001 4' Manhole 33 39 10, 33 39 20 I EA 48 $4,500.00 $216.000.00 8 3305.0112 Concrete Collar for Manhole 3305 17 I EA 15 $500.00 $7,500.00 9 3339.1002 4' Drop Manhole 34 39 10, 33 39 20 I EA 1 $5,500.00 $5,500.00 10 3339.1003 4' Extra Depth Manhole 33 39 10, 33 39 20 I VF 227 $225.00 $51,075.00 11 3339.0001 Epox ( Manhole Liner 33 39 60 1 VF 33 $485.00 $16.005.00 12 3305.0113 Trench Water Stops 3305 15 I EA 38 $500.00 $19.000.00 13 3305.0116 Concrete Encasement for Utilit Pipes 3305 10 LF 20 $30.00 $600.001 14 9999.0002 Conned to Existing I Sewer gain System 00 00 00 EA 2 $1,500.00 $3\\000.001 T )TAL UNIT II: SANITARY SEWER IMPR )VEMENTS $1,467,155.001 I UNIT III: DRAIVAGE IMPROVF.MF. NTS 1 1 3305,0109 Trench Safety 33 05 10 LF 5047 $2.00 $10.094.001 2 3341.0201 21" RCP, Class III 3341 10 LF 831 $75.00 $62,325.001 3 3341.0205 24" RCP, Class III 3441 10 LF 851 $85.00 $72,335.001 4 3341.0208 27" RCP, Class 111 3341 10 LF 495 $90.00 $44,550.001 5 3341.0302 30" RCP, Class 111 3341 10 LF 384 $110.00 $42.240.001 6 3341.0305 33" RCP, Class III 3441 10 LF 924 $125.00 $115,500.001 7 3341.0309 36" RCP, Class 111 3341 10 LF 550 $150.00 $82.500.001 8 3341.0302 42" RCP, Class III 3341 10 LF 510 $205.00 $104,550.001 9 3349.5001 19 Curb Inlet 33 49 20 EA 26 $3,800.00 $98,800.001 10 3349.5002 16 Curb Inlet 33 49 20 EA 2 $4,800.00 $9,600.001 11 3349.0001 4' Storm Junction Box 33 49 10 EA 3 $6,000.00 $18,000.001 12 3349.0002 5' Storm Junction Box 33 49 10 EA 4 $7.000.00 $28 000.001 13 3341.1002 TxT Box Culvert 3341 10 LF 329 $270.00 $88,830.001 14 3137.0102 Large Stone Type "A" Dry Rip Rap (12" Deep) 31 3700 Sy 159 $145.00 $23.055.001 15 9999.0003 48" HP Pipe 00 00 00 LF 173 $215.00 $37,195.001 16 9999.0004 36" Sloped End Headwall 00 00 00 EA 1 $5.000.00 $5,000.001 17 9999.0005 42" Sloped End Headwall 00 00 00 EA 1 $6,000.00 $6,000.001 18 9999.0006 3�prop Inlet 00 00 00 EA 1 $4.500.00 $4.500.001 19 9999.0007 3x3' 4:1 SW-O Wingwall 00 00 00 EA 1 $6.500.00 $6,500.001 20 9999.0008 3'x3' 4:1 SW-0 Wingwall With 1.15' Extended Curb 00 00 00 EA 1 $7,500.00 $7,500.001 21 9999.0009 Inlet Protection 00 00 00 EA 29 $150.00 $4.350.001 TOTAL UNIT III: DRAIN.%GE IMPR )VEMFNTS $871,424.001 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROTECTS Fore Vcrsi"n Msy22,2019 00424] Bid Pmpo"el Medcm PheseS SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Madero, Phase 5, Residential UNIT PRICE BID Project Item Information Bidlist I Description I Specification Section No. Item No. Madam Phase 5 DAP- BID PROPOSAL Page 2 of 3 Bidder's Application Bidder's Proposal Unit of Bid Quantity Unit Price Bid Value Measure UNIT IV: PAV NG IMPROVEMENTS 1 3211.0400 Hydrated Lime (32 Ibslsy) 31 1129 TN 512 2 3211.0501 6' Lime Treatment 32 11 29 SY 31994 3 3291.0100 Topsoil 3291 19 CY 253 4 3292.0100 Block Sod Placement 32 92 13 SY 1517 5 3213.0101 6" Cone Pvmt 32 13 13 SY 29881 6 3213.0302 5" Cone Sidewalk 32 13 20 SF 17927 7 3213.0506 Barrier Free Ramp, Type P-1 32 13 20 EA 24 8 3213.0501 Barrier Free Ramp, Type R-1 32 13 20 EA 12 9999.0010 Remove Barricade & Connect to Existing Pavement 00 00 00 9 Header EA 1 10 9999.0011 Construct Sid. Pvmt. Header 00 00 00 LF 232 11 9999.0012 ALL WAY STOP (R1-1) 00 00 00 EA 13 12 9999.0013 Street Name Blade Pair (03-1) 00 00 00 EA 13 13 9999.0014 All way Plaques on Existing Stop Sign (R1-3P) 00 00 00 EA 13 14 9999.0015 Street Sign Pole 00 00 00 EA 13 TOTAL, UNIT IV: PAIANG IMPROVEMENTS UNIT V: STREET It GHTING IMPR VEMENTS 1 2605.3015 2" CONDT PVC SCH 80 (T) 26 0?33 LF 3873 2 3441.3201 LED Lighting Fixture (50W) 34 41 20 EA 50 3 3441.1633 Install TVDe 33B Arm 3441 20 EA 50 4 3441.3002 Rdwv Illum Assemblv TY 8.11.13-25. and D-30 3441 20 EA 50 5 3441.3301 Rdwy Illum Foundation TY 1,2, and 4 3441 20 EA 50 TOTAL UNIT V: STREET 1 IGHTING IMPROVEMENTS Bid Summary UNIT 1: WATER IMPROVEMENTS UNIT It: SANITARY SEWER IMPROVEMENTS UNIT III: DRAINAGE IMPROVEMENTS UNIT IV: PAVING IMeROVEMENT UNIT V: STREET LIGHTING IMPROVE ENTS Total Construction Bid This Bid is submitted by the entity named below: BIDDER: CONATSER CONSTRUCTION TX, L.P. 5327 Wichita Street Ft. Worth. TX 76119 Contact: Brack Itugalus Phone: 817-534.1743 Faa: 817534.4556 Contractor agrees to complete WORK for FINAL ACCEPTANCE within CONTRACT commences to run as provided in the General Conditions. END OF SECTION BY: Brock Huggins TITLE: President 00 DATE: 1 /12/2024 $245.00 $125.440.00 $3.50 $111 979.00 $28.00 $7.084.001 $8.00 $12,136.001 $55.00 $1.643,455.001 $4.80 $86.049.60 $2.200.00 $52.800.001 $2,300.00 $27.600.001 $500.00 $500.001 $30.00 $6,960.001 $450.00 $5.850.001 $350.00 $4.550.001 $500.00 $6.500.001 $650.00 $8.450.001 $2,099.353.601 I 1 $15.00 $58.095.001 $850.00 42 500.001 $500.00 25 000.00 $3.000.00 $ 50&0.00 $1,200.00 $60.000.00 $335,595.00 $1,382,328.00 $1.467,155.001 $871,424.001 $2,099,353.601 $335.595.001 $6,155,855.601 240 working days after the date when the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVEIAPER AWARDED PROJECTS Fomr Vem m May 22, 2019 00 42 43 Bid Propasal Madero_Ph-5 Madero Ph- 5 DAP - BID PROPOSAL Page 3 or3 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Madero, Phase 5, Blazin Bronco Trail Master Infrastructure UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item No. I Description I Specification Section No. I Unit or IBid Measure Quantity Unit Price I Bid Value UNIT I: WATER IMPROJ�7-JITS 1 3311.0001 Ductile Iron Water Fittings w/ Restraint {{ ii TON 0.9481 $12,500.00 $11,850.001 2 3311.0541 16" Water Pipe 33 11 10, 33 11 12 LF 705.00 $152.00 $107,160.001 3 3311.0557 16" DIP Water, CLSM Backfill 3311 10 LF 31 $182.00 $5.642.001 4 3312.0106 Connection to Existing 16" Water Main 33 12 25 EA 1 $2.500.00 $2.500.001 5 3312.3006 16" Gate Valve 33 12 20 EA 5 $24.500.00 $122 500.001 TOTAL UNIT I: WA fER IMPROVEMENTS $249,852.001 I PNIT III: DRAINAGE IMPROVEMENTS 1 3137.0102 Large Stone Type "A" Dry Rip Rap (12" Deep) 31 3700 SY 271 $145.00 $3,915.001 2 3349.5001 10' Curb Inlet 33 49 20 EA 2 $3,800.00 $7.600.00 3 3349.0002 5' Storm Junction Box 33 49 10 EA 3 $7.000.001 $21,000.00 4 3349.7001 4' Dro Inlet 33 49 20 EA 1 $6.6- --- $6,500.001 5 9999.0016 48" H� Pipe 00 00 00 LF 718 $216.001 $154,370.001 6 9999.0017 Inlet Protection 00 00 00 EA 3 $150.001 $450.001 TOTAL UNIT III: DRAIN.4GE_I_MPR�VEMENTS $193,835.001 1 UNIT IV: PAV NG IMPROVEMENTS I 1 3211.0400 Hydrated Lime (42lbs/sy) 31 11 29 TN 68 $245.001 $16,660.001 2 3211.0502 8 Lime Treatment 33 11 29 SY 3239 $4.50 $14,575.501 3 3291.0100 Topsoil 3291 19 CY 98.47 $28.001 $2.757.161 4 3292,0100 Block Sod Placement 32 92 13 SY 591 $8.00� $4.728.001 5 3213.0302 5" Cone Sidewalk 32 13 20 SF 434 $4.80 $2,083.20 6 3213.0303 6" Cone Sidewalk 32 13 20 SF 4174 $4.80 $21.035.20 7 3213.0506 Barrier Free Ramp, Type P-1 32 13 20 EA 4 $2 200.D0 $8.800.00 8 9999.0018 7.5" Cone Pvmt 00 00 00 SY 2965 $72.00 $213.480.00 9 9999,0019 Remove Barricade & Connect to Existing Pavement 00 00 00 EA 1 $500.001 $500.00 TOT4LUNIT IV: PAVING IMPROVFMENTS $283,619.06 Bid Summary UNIT 1: WATER IMPROVEMENTS I $249.652.00 UNIT III: DRAINAGE IMPROVEMENTS $193,835.00 UNIT IV: PAVING IMPROVEMENTS I $283,619.06 Total Coustruction Bid l $727,106.06 This Bid is submitted by the entity named below: BIDDER: CONATSER CONSTRUCTION TX, L.P. 5327 Wlchila Street FL Worth, TX 76119 Contort: Brock Ruaglas Phone: 817.534.1743 Fas: 817 534.4556 Contractor agrees to complete WORK for FINAL ACCEPTANCE within CONTRACT commences to run as provided in the General Conditions. END OF SECTION CITYOFFORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Farm V-ian May 22, 2019 BV: Brock Huggins TITLE: President DATE: 1 /12/2024 240 working days after the date when the 00 42 43Bid Pmposel_Medero_Pl-S