HomeMy WebLinkAboutContract 61193Received Date: Apr 1, 2024
Received Time: 9:06 a.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: FS-23-239
Mapsco: TAR-47M
CFA Number: 23-0174
GS QUARRY FALLS PHASE I OWNER, L.P.
600 E. Las Colinas Blvd, Suite 2100 Irving, Texas 75039
214-451-5698 1 jthulin@greystar.com
JR Thulin, Vice President
Quarry Falls Multifamily Water and Sewer Improvements
Water & Sewer
4800 Old Decatur Road, Fort Worth, Texas 76106
Plat Name:
Council District: 1 2
City Project Number: 105084 I IPRC23-0125
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth, Texas Page 1 of 17
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
City Secretary Number: 61193
STANDARD COMMUNITY FACILITIES AGREEMENT
WITH CITY PARTICIPATION
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 GS Quarry Falls Phase I Owner,
L.P. ("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 Quarry Falls
Multifamily Water and Sewer Improvements ("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 desires to participate in this Agreement in an amount not to exceed
$116,990.40 to enlarge the scope of the Improvements beyond what Developer is responsible for
constructing by oversizing a 12-inch water main to a 16-inch water main as authorized by City Council
through approval of M&C 24-0176 on February 27, 2024 ("City Participation"); and
WHEREAS, the City Participation includes reimbursement to Developer in amounts not to exceed
$104,345.00 for construction costs and $2,086.90 for material testing costs. The remaining City
Participation in the amount of $10,558.50 shall not be paid to Developer, but will be used by City to pay
for the City's portion of construction inspection service fees, administrative material testing service fees,
and water lab testing fees; 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:
OFFICIAL RECORD
City of Fort Worth, Texas CITY SECRETARY Page 2 of 17
Standard Community Facilities Agreement with City Participation
FT. WORTH, TX
Rev. 4/2/20
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 forth 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 exist between the terms and conditions
of this Agreement and the CFA Ordinance, the CFA Ordinance shall control.
2.
Incorporation of Engineering Plans
The engineering plans for the Improvements that have been approved by the City ("Engineering
Plans") are incorporated into this Agreement by reference as if fully set out herein. Developer shall provide
at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to
construct the Improvements required by this Agreement.
3.
Description of Improvements; Exhibits and Attachments
The following exhibits describe the general location, nature and extent of the Improvements that
are the subject of this Agreement and are attached hereto and incorporated herein by reference:
E Exhibit A: Water
E Exhibit A-1: Wastewater
❑ Exhibit B: Paving
❑ Exhibit B-1: Storm Drain
❑ Exhibit C-1: 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-1, 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. If the Developer's contractors: (a) are not constructing the Improvements in accordance
with the Engineering Plans; (b) the contractors violate federal law, state law or local law, policies, rules
or regulations in connection with the construction of the Improvements; or (c) coordination of the timing
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Standard Community Facilities Agreement with City Participation
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of the construction of adjacent utilities is necessary to avoid having to remove and replace Improvements
that Developer's contractors are about to install, the City may temporarily suspend the construction of
the Improvements by delivering a written notice to Developer and Developer's contractors. The
temporary suspension of the construction of the Improvements shall only occur for the amount of time
necessary for Developer's contractors to correct the violation or for the coordination of the utilities to
be completed, and upon any such suspension, City agrees to reimburse Developer for the City's share
of construction costs for work properly completed through the date City suspended construction.
5.
Financial Guarantee
Developer has provided the City with a financial guarantee in the form and amounts set forth in
this Agreement which guarantees the construction of the Improvements and payment by Developer of
all contractors, subcontractors, and material suppliers for the Improvements ("Financial Guarantee").
Developer shall keep the Financial Guarantee in full force and effect until released by the City and shall
not reduce the amount of the Financial Guarantee unless authorized by the City in accordance with the
CFA Ordinance.
6.
Completion Deadline; Extension Periods
This Agreement shall be effective on the date this Agreement is executed by the City's Assistant
City Manager ("Effective Date"). Developer shall complete construction of the Improvements and
obtain the City's acceptance of the Improvements within two (2) years of the Effective Date ("Term").
If construction of the Improvements has started during the Term, the Developer may request that this
Agreement be extended for an additional period of time ("Extension Period"). All Extension Periods shall
be agreed to in writing by the City and the Developer as set forth in a written amendment to this Agreement.
hi no event shall the Term of this Agreement plus any Extension Periods be for more than three years.
7.
Failure to Construct the Improvements
(a) The City may utilize the Developer's Financial Guarantee to cause the completion of the
construction of the Improvements if at the end of the Term, and any Extension Periods, the
Improvements have not been completed and accepted by the City. If the Improvements are not
completed at the end of the Term, and any Extension Periods, there will be no further obligation
for City Participation to be paid to the Developer.
(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.
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(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
(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
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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.
(h) Developer shall ensure the contractors are paid the City's wage rates in effect during construction
of the Improvements.
10.
Utilities
Developer shall cause the installation or adjustment of utilities required to: (1) serve the Project;
and (2) to construct the Improvements required herein. City shall not be responsible for payment of any
costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with
any of the Improvements to be constructed pursuant to this Agreement.
11.
Easements and Rights -of -Way
Developer agrees to provide, at its expense, all necessary rights -of -way and easements required for
the construction and dedication to the City of the Improvements provided for by this Agreement.
12.
Liability and Indemnification
(a) DEVELOPER HEREBY RELEASES AND AGREES TO INDEMNIFY, DEFEND AND
HOLD THE CITY HARMLESS FOR ANY INADEQUACIES IN THE PRELIMINARY
PLANS, SPECIFICATIONS, ENGINEERING PLANS, AND COST ESTIMATES
SUPPLIED BY THE DEVELOPER FOR THIS AGREEMENT.
(b) THE DEVELOPER COVENANTS AND AGREES TO, AND BY THESE PRESENTS DOES
HEREBY FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS
OFFICERS, AGENTS AND EMPLOYEES FROM ALL SUITS, ACTIONS OR CLAIMS OF
ANY CHARACTER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ONACCOUNT
OFANYINJURIES OR DAMAGES SUSTAINED BYANYPERSONS, INCLUDING DEATH,
OR TO ANY PROPERTY, RESULTING FROM OR IN CONNECTION WITH THE
CONSTRUCTION, DESIGN, PERFORMANCE OR COMPLETION OF ANY WORK TO BE
PERFORMED BY SAID DEVELOPER, ITS CONTRACTORS, SUBCONTRACTORS,
OFFICERS, AGENTS OR EMPLOYEES, OR IN CONSEQUENCE OF ANY FAILURE TO
PROPERLY SAFEGUARD THE WORK, OR ONACCOUNT OFANYACT, INTENTIONAL
OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID DEVELOPER, ITS
CONTRACTORS, SUB -CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES,
WHETHER OR NOT SUCHINJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE
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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
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 parry beneficiary of such contracts.
14.
Estimated Fees Paid by Developer; Reconciliation
Prior to execution of this Agreement, Developer has paid to the City the Developer's portion of 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 Developer's portion 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
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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 conies to:
City Attorney's Office
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
and
City Manager's Office
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
DEVELOPER:
GS QUARRY FALLS PHASE I
OWNER, L.P.
600 E. Las Colinas Blvd, Suite 2100
Irving, Texas 75039
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
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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
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 fixture occasion.
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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
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. 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 2276 of the Texas Government Code ,
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
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boycott energy companies; and (2) will not boycott energy companies during the term of the contract. To
the extent that Chapter 2276 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, 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. To the extent that Chapter 2274 of the Government Code is applicable
to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides
written verification to the City that Developer: (1) does not have a practice, policy, guidance, or directive
that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against
a firearm entity or firearm trade association during the term of this Agreement.
28.
Compliance with Public Information Act Requests
The requirements of Subchapter J, Chapter 552, Government Code, may apply to this
Agreement and Developer agrees that the Agreement can be terminated if Developer knowingly or
intentionally fails to comply with a requirement of that subchapter. Developer acknowledges that
section 552.371 of the Texas Government Code applies to this Agreement if. (1) this Agreement has a stated
expenditure of at least $1 million in public funds for the purchase of good or services by the City; or (2)
this Agreement results in the expenditure of at least $1 million in public funds for the purchase of goods or
services by the City in a fiscal year of the City. To the extent that section 552.371 of the Texas Government
Code applies to this Agreement, Developer shall comply with section 552.372 of the Texas Government
Code by: (1) preserving all contracting information relating to this Agreement as provided by the records
retention requirements applicable to the City for the duration of the Agreement; (2) promptly providing the
City any contracting information related to this Agreement that is in the custody or possession of Developer
on request of the City; and (3) on completion of the Agreement, either (a) providing at no cost to the City
all contracting information related to the Agreement that is in the custody or possession of Developer; or
(b) preserving the contracting information relating to the Agreement as provided by the retention
requirements application to the City.
29.
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,
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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.
30.
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.
31.
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.
32.
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.
33.
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.
34.
Signature Authority
The person signing this Agreement on behalf of Developer warrants that he or she has the legal
authority to execute this Agreement on behalf of the Developer, and that such binding authority has been
granted by proper order, resolution, ordinance or other authorization of the entity. The City is fully entitled
to rely on this warranty and representation in entering into this Agreement.
35.
Counterparts
This Agreement may be executed in multiple counterparts, each of which will be deemed an
original, but which together will constitute one instrument.
36.
Entire Agreement
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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.
37.
City Participation; Fiscal Funding Limitation
(a) The City shall reimburse Developer in amounts not to exceed $104,345.00 for construction costs
and $2,086.90 for material testing costs. The remaining City Participation in the amount of
$10,558.50 shall not be paid to Developer, but will be used by City to pay for the City's portion of
construction inspection service fees, administrative material testing service fees, and water lab
testing fees. The City will reimburse the City Participation to Developer after presentation of
proper documentation by Developer to the City that the Improvements have been constructed and
accepted by the City and all contractors and material suppliers have been paid. Developer must
register as a vendor of the City in order for the City Participation to be paid to Developer. The City
Participation for construction costs was calculated as follows:
IPRC22-0072 CPN 104080 Unit of Contractor CFW Unit Total Cit}'
Speedway 3 Industrial Measure QtY Unit Price Price Unit Price Calcuatiou Cost
Participation
12" Water Line LF 791.00 $ 3�r5'9� $ $165.ao-$160.00= $5.00 $ 3,955.00
16" Water Line $ 180.00 $ 165.00
12" Gate Valve EA 4.00 S,OOO.oO 3,000.00 $26,000.00-$3,000.00 = $23,000.00 $92,000.00
16" Gate Valve $ 34,500.00 $ 26,000.00
12" Ductile IJon Fittings w restraint 0.40
8,000.00 $ 6,750.00 2.00Tons-1.H0Tons =0.2 Tans $1,890.00
16" Ductile Iron Fittingswrestraint TONS 0.68
6"Blow off Valve* 100% City EA 1.00 $ 6,500.00 $ 11,475.17 1100% City $6,500.00
City Participation-G. .. Cost $ 104,345.00
(b) In the event no funds or insufficient funds are appropriated and budgeted or are otherwise
unavailable by any means whatsoever in any fiscal period for payments due under this Agreement,
then the City will immediately notify Developer of such occurrence and this Agreement shall be
terminated on the last day of the fiscal period for which appropriations were received without
penalty or expense to the City of any kind whatsoever, except to the portions of annual payments
herein agreed upon for which funds shall have been appropriated.
(c) Substantial completion of the Improvements shall occur after Developer's Contractors notify the
City that the Improvements are constructed and ready for their intended use, the City and
Developer's Contractor inspect the Improvements, and the City concurs that the Improvements are
substantially complete. This Agreement does not provide for any retainage to be withheld from the
City Participation.
[REMAINDER OF PAGE BLANK]
City of Fort Worth, Texas Page 13 of 17
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
38
Cost Summary Sheet
Project Name: Quarry Falls Multifamily
Water and Sewer Improvements
CFA No. 23-0174
IPRC No. 23-0125
City Project No.105084
Items
Developer's
Cost
City's Cost
Total Cost
A. Water and Sewer Construction
1. Water Construction
$
1,254,690.00
$
104,345.00
$
1,359,035.00
2. Sewer Construction
$
372,737.00
$
-
$
372,737.00
Water and Sewer Construction Total
$
1,627,427.00
$
104,345.00
$
1,731,772.00
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):
$
1,627,427.00
$
104,345.00
$
1,731,772.00
Estimated Construction Fees:
C. Construction Inspection Service Fee
$
27,900.00
$
9,600.00
$
37,500.00
D. Administrative Material Testing Service Fee $
2,376.50
$
808.50
$
3,185.00
E. Water Testing Lab Fee
$
750.00
$
150.00
$
900.00
F. Material Testing Cost
$
-
$
2,086.90
$
2,086.90
Total Estimated Construction Fees:
$
31,026.50
$
12,645.40
$
43,671.90
TOTAL PROJECT COST
$
1,658,4S3.50
$
116,990.40
$
1,775,443.90
Choice
Financial Guarantee Options, choose one
Amount
(Mark one)
Bond = 100%
$
1,731,772.00 I
X
Cash Escrow Water/Sanitary Sewer= 125% $ 2,164,715.00
Cash Escrow Paving/Storm Drain = 125% $ -
Letter of Credit = 125% $ 2,164,715.00
City of Fort Worth, Texas Page 14 of 17
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
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(Mar 2024111 CDT)
Dana Burghdoff
Assistant City Manager
Date: Mar 28, 2024
Recommended by:
a."
Dwayne Hollars (Mar 27, 2024 14:46 CDT)
Dwayne Hollars
Contract Compliance Specialist
Development Services Department
Approved as to Form & Legality:
Richard MCC2cken (Mar 27,202420:14 CDT)
Richard A. McCracken
Sr. Assistant City Attorney
M&C No. 24-0176
Date: 2/27/2024
Form 1295: 2024-1114049
aouvpq
ATTEST:
004OF°To�9dd
"° o.
dvo oo
°ca o 01P.
nEanS�ad
Jannette Goodall
City Secretary
City of Fort Worth, Texas
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
DEVELOPER
GS QUARRY FALLS PHASE I OWNER, L.P. �j
By: `�
Name: JR Thulin
Title: Vice President
Date: Mar 27, 2024
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.
_U1^
Rebecca Owen (Mar 27, 202414:50 CDT)
Rebecca Diane Owen
Development Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 15 of 17
The following attachments are incorporated into this Agreement. To the extent a
conflict exists between the main body of this Agreement and the following attachments, the
language in the main body of this Agreement shall be controlling.
Included Attachment
® Attachment 1 - Changes to Standard Community Facilities Agreement
❑ Attachment 2 — Phased CFA Provisions
❑ Attachment 3 — Concurrent CFA Provisions
®
Location Map
®
Exhibit A: Water Improvements
®
Exhibit A-1: Wastewater Improvements
❑
Exhibit B: Paving Improvements
❑
Exhibit B-1: Storm Drain Improvements
❑
Exhibit C-1: Street Lights and Signs Improvements
®
Cost Estimates
(Remainder of Page Intentionally Left Blank)
City of Fort Worth, Texas Page 16 of 17
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
ATTACHMENT "I"
Changes to Standard Community Facilities Agreement
City Project No. 105084
None
City of Fort Worth, Texas Page 17 of 17
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
Nold"N
DA TE: 121612023
OWNER:
GS QUARRY FALLS
PHASE I OWNER, L.P.
600 E. LAS COLINAS BOULEVARD
SUITE 2100
IRVINiG, TEXAS 75039
TEL: 214-451-5698
EMAIL:jthulin@greystar.com
CONTACT: JR THULIN
kJ 1 1 1J
2000 0 1000 2000 4000
I I I I
1 inch = 2000 ft.
VICINITY MAP
MAPSCO NO. TAR-47M
COUNCIL DISTRICT 2
Q UARR Y FALLS
MULTI -FAMILY
VICINITY MAP
CITY PROJECT NO. 105084
C
LL] m m a
&AIangineering eiawing WaLcipearchitedure panning
tbpels registration number: f — 2759
tbpels registration/icense number: 10088000
519 east border
a r I i n g t a n, t e x a s 7 6 0 1 0
8 1 7 — 4 6 9 — 1 6 7 1
fax: 817-274-8757
www.mmatexas.com
LEGEND:
PROP. WATER LINE
PROP. FIRE WATER LINE
EX. WATER LINE
aw
6" FW
0 150 300 600
1 inch = 300 ft.
PARCEL 49 \
y CASE NO. 153-16320-72
STATE OF TEXAS
1 VOL. 6923, PG. 1434
DRTCT
\
FLOODPLAIN EASEMENT FULLY DEVELOPED 100 YEAR \\
�BY PLAT (� PLAIN LINE PER
15" D.E. I �\
I5WNRAINAGE STUE/ ,I
(BY SEPARATE DS-23-0070
r INSTRUMENT DATED 07/27/202- I
APPROXIMATE — =
LOCATION
l/ _jjw ' \ - \ EASEMENT I f\
-r WATER
7 � PROPOSED
20' DRAINAGE
EASEMENT
(4
544l� j\
THE QUA RY
CAB. A, SLIDE 8695�
PRTCT
/
=1,
(SHEET 21
m m m
24' ACCESS
EASEMENT
SHEET 31 10'1010XIG TE
f'
_ P. 0. S. E
p 10'x5' TE
— — — — — — — E
Jv_l
60' PROPOSED ACCESS
& UTILITY EASEMENT
l bAKNt 1 1 GA I Ht KING
MULTIPLE PIPELINE
ESM T
CC# D208189648
OPRTCT
OLD DECATUR ROAD - l- — — —IV L
10'x 10' TE ' 30'x 10' DE
10'x10' IF
30'x10' DE
PERMANENT WATER TE 30, UE
100'x22'
MAIN EASEMENT 30' TEMPORARY
1 —CITY OF FORT WORTH CONSTRUCTION EASEMENT T40' SE Tfl
CC# D203401916 ' BY SEPARATE U BY SEPARATE �
OPRTCT INSTRUMENT
CALLED 26.504 ACRES (TRACT 3) YEAR FLOODPLAIN —
PER F. E. M. A _
MARINE CREEK FIRMETTE# 48439CO160K
I JOINT VENTURE, LLC EFFECTIVE 09112512009 L
CC# D218284427 \.
OPRTCT STATE OF TEXAS PARCEL 47E (PART 2) \\
PERMANENT CHANNEL OR DRAINAGE ESMT. \� \
VOL. 5283, PG. 674 DRTCT \
DA TE: 121612023
OWNER:
GS QUARRY FALLS
PHASE I OWNER, L.P.
600 E. LAS COLINAS BOULEVARD
SUITE 2100
IRVINiG, TEXAS 75039
TEL: 214-451-5698
EMAIL:jthulin@greystar.com
CONTACT: JR THULIN
r 10'x10, WE
L
SE
SHEET NO. 1 OF 4
Q UARR Y FALLS
MULTI —FAMILY
EXHIBIT A
OVERALL WATER
CITY PROJECT NO. 105084
SHEET 4
10'x10'
P. O. S. E
,--10'x10' WE
&AI enWneerUtp eiaveying WaLcap, architecture planning
tbpels registration number: f — 2759
tbpels registration/icense number: 10088000
519 east border
a r I i n g t a n, t e x a s 7 6 0 1 0
8 1 7 — 4 6 9 — 1 6 7 1
fax: 817-274-8757
www.mmatexas.com
LEGEND:
PROP. WATER LINE
PROP. FIRE WATER LINE
EX. WATER LINE
aw
6" FW
0 75 150 300
1 inch = 150 ft.
\ FLOODPLAIN EASEMENT
BY PLAT
\ FULLY DEVELOPED 100 YEAR
FLOODPLAIN LINE PER
MMA DRAINAGE STUDY
DS-23-0070
15' D.E. _ DATED 0712712023
(BY SEPARATEINSTRUMENT
_
- APPROXIMATE PROP. 16" WL
LOCATION
\ l�
EX. 8" PVC WL \-------------
X-13166 \ \ 20' WATER
WATER PROJECT NO. \ \ EASEMENT
P162-0601621517JO
DOE NO. 3995 \ \
FILE NO. W-1264 PROP. FH \ \
PROPOSED \
20' DRAINAGE (TYP) \ \ \
EASEMENT \
O
C�20' WATER
EASEMENT
EX FH, X 13166
\ FILE NO. W-1264
PROP. 16"
WA TERLINE
CONNECTION
THE QUARRY V ��
CAB. A, SLIDE 8695
PRTCT
y
I)
PROP. 8" FIRE WL[ I I
I PROP. 6" WA TER
�r I
/I
1PROP. 8" FIRE WL,
1 PROP. 6" WA TER
EX. 12" PVC WL CALLED 87.386 ACRES
FORT WORTH QUARRY
X-13166 COMPANY, LLC
WATER PROJECT NO. CCy D2220JO435
P 162— 0601621517JO OPRTCT
DOE NO. 3995
FILE NO. W-1264
MA TCHLINE SHEET 3
DA TE: 121612023
OWNER:
GS QUARRY FALLS
PHASE I OWNER, L.P.
600 E. LAS COLINAS BOULEVARD
SUITE 2100
IRVINiG, TEXAS 75039
TEL: 214-451-5698
EMAIL:jthulin@greystar.com
CONTACT: JR THULIN
SHEET NO. 2 OF 4
Q UARR Y FALLS
MULTI —FAMILY
EXHIBIT A
WATER
CITY PROJECT NO. 105084
I
20' WATER
EASEMENT
io
LL] m m -a
&AIangineering eiawing WWewpearahitedure panning
tbpels registration number: f — 2759
tbpels registration/icense number: 10088000
519 east border
a r I i n g t a n, t e x a s 7 6 0 1 0
8 1 7 — 4 6 9 — 1 6 7 1
fax: 817-274-8757
www.mmatexas.com
LEGEND:
PROP. WATER LINE
PROP. FIRE WATER LINE
EX. WATER LINE
4 W
6" FW -
y
CALLED 87.386 ACRES
FORT WORTH QUARRY
�\
COMPANY, LLC
\1
CC# D222030435
OPRTCT
� MA TCHLINE SHEET c
I
EX. 12" PVC WL X
X-13166 Uj
WATER PROJECT NO. �} _
P 162— 0601621517JO I
DOE NO. 3995
FILE NO. W-1264 �EX FH, X-13166
/�I� FILE NO. W-1264
0 75 150 300
1 inch = 150 ft.
I NKUN. hH ( In-) 1
OP. 16 " WL
OP. 2" IRRIGATION
I PROP. 6 " WL � 4
PROP. 8" FIRE WL
PROP. 6 " WL r
PROP. 8" FIRE WL , I
V, L �
20' WATER\
EASEMENT
C
EX. 16" CONC WL
X-13166 PROP. 16 " 1 c
WATER PROJECT NO. l WATERLINE 10'X1o'
P. 0. S. E
P162-0601621517JO ICY CONNECTION I I 10'X5' TE
DOE NO. 3995
PROP. 16 " WL 10'X5' TE
FILE N0. W-1264
—OLD DECATUR ROAD I -----_ — — — —
_ � —1L EX�_ �
EX. 54" STEEL I 71,10' TF
X-15729 ° I '
WATER PROJECT NO. I 3a'X1o' DE- r[�,
P163-060163014102 100'X22' TE W
DOE NO. 3636
L-2985 PERMANENT WATER
MAIN EASEMENT �1
DA TE: 121612023
OWNER:
GS QUARRY FALLS
PHASE I OWNER, L.P.
600 E. LAS COLINAS BOULEVARD
SUITE 2100
IRVINiG, TEXAS 75039
TEL: 214-451-5698
EMAIL:jthulin@greystar.com
CONTACT: JR THULIN
—CITY OF FORT WORTH
CC# D203401916
OPRTCT
CALLED 26.504 ACRES (TRACT 3)
MARINE CREEK
JOINT VENTURE, LLC
CC# D218284427
OPRTCT
SHEET NO. 3 OF 4
1
1
ED 26.504 ACRE.
MARINE CR,
IOINT VENTUR
CC,f D218284
OPRTCT
Q UARR Y FALLS
MULTI -FAMILY
EXHIBIT A
WATER
CITY PROJECT NO. 105084
LE] m m a
&AI angineering eiavaying WaLcipe architedure planning
tbpels registration number: f — 2759
tbpels registration/icense number: 10088000
519 east border
a r I i n g t a n, t e x a s 7 6 0 1 0
8 1 7 — 4 6 9 — 1 6 7 1
fax: 817-274-8757
www.mmatexas.com
LEGEND:
PROP. WA TER LINE 4" W .
PROP. FIRE WATER LINE 6"FW -
EX. WATER LINE ex-16 W
1 TER
\ \ \
EEA M
EASEMENT
CALLED 87.386 ACRES
FORT WORTH QUARRY
COMPANY, LLC
CC# D222030435
OPRTCT
24' ACCESS
EASEMENT
F1
IPROP. FH (TYP)I
n'PROP. 2" LOT 4
IRRIGA T10N
4
10'xi0' WE
I 10 x10
P. G. s. E 1 PROP. 6 " WL
10k5' TE
I PROP.
8" FIRE WL
if
�
— PROP.
16" WL 30'x10 DE
PERMANENT WATER
60'PROPOSED ACCESS
& UTILITY EASEMENT
0 75 150 300
1 inch = 150 ft.
LOT 1 \ �\
O'x10' WE \\\ \
30' sE PROP. 8" FIRE WI
10'x10' PROP. 6" WL I
P.0.s.E
PROP. 2"
�IRRIGA TION
30' UE
�O
DEC.gTIJR RO
MAIN EASEMENT I
CITY OF FORT MRTH 10'x10' S TE7— — -
' CC/ D203401816 1 _
OPRTCT L
1
1
1
BARNETT GATHERING
MULTIPLE PIPELINE
ESM T.
CC# D208189648
OPRTCT
1
loll SS _
30' TEMPORARY 40' SE \ `
CONSTRUCTION EASEMENT BY SEPARATE
BY SEPARATE INSTRUMENT INSTRUMENT
-700 YEAR FLOODPLAIN-
PER F.EM.A
FIRMETTEJ# 48439CO160K
EFFECTIVE 09112512009
CALLED 26.504 ACRES (TRACT 3)
MARINE CREEK
JOINT VENTURE, LLC STATE OF TEXAS PARCEL 47E (PART 2)
CC# D218284427 60'PERMANENT CHANNEL OR DRAINAGE ESMT
OPRTCT �/ �VOL. 5283, PG. 674 DRTCT
J �
DA TE: 121612023
OWNER:
GS QUARRY FALLS
PHASE I OWNER, L.P.
600 E. LAS COLINAS BOULEVARD
SUITE 2100
IRVINiG, TEXAS 75039
TEL: 214-451-5698
EMAIL:jthulin@greystar.com
CONTACT: JR THULIN
SHEET NO. 4 OF 4
r
L
Q UARR Y FALLS
MULTI —FAMILY
EXHIBIT A
WATER
CITY PROJECT NO. 105084
d
1:1 Mina
&AIangineeling eievaying WWecepearchitedure panning
tbpels registration number: f - 2759
tbpels registration/icense number: 10088000
519 east border
a r I i n g t a n, t e x a s 7 6 0 1 0
8 1 7 - 4 6 9 - 1 6 7 1
fax: 817-274-8757
www.mmatexas.com
LEGEND:
PROP. SANITARY SEWER LINE ss . 0 150 3I 600
PROP. SANITARY SEWER MANHOLE —6— ss -
1 inch = 300 ft.
EX. SANITARY SEWER MANHOLE $ EX -SS
EX. SANITARY SEWER LINE EX -SS `
I \ \v
A PIP
"r �I BARNETT GATHERING � ` \
\ MULTIPLE
PROP. 4' CC# D208189648 \
SSMH (TYP) OPRTCT
\ 9.7' BARNETT GATHERIN
O aj \ MULTIPLE PIPELINE
LOT 'I \ SITE ESMT.
CC# D210242621
OPRTCT
LJ 10 1' BARNETT GATHERING
60' PROPOSED ACCESS & G \ MUL APLE PIPELINE
-_� VN PERMANENT ESMT
f/
UTILITY EASEMENT u, I �. \ CCf D210242621 \
35 SEWER OPRTCT
EASEMENTV��,
.I: I LOT 4 PROP. 8" SEWER LINEI
L I
o'xs' TE t0'x1O' WE 1
10'x10' 10'x10' 10'x1o' WE
l - _jI- P.O. RE P•O.S.E 1,1' SIDEWALK DRAINAGE ESMT.
• EASEMENT \� CCy D223_
_ ..... — OPRTCT ,
5.4' R. 0. W.
OLD DECATUR ROAD DEDICATION
y
30'x 10' DE 7—�
PERMANENT WATER T
100'x22' TE MAIN EASEMENT J L
CITY OF FORT WORTH '
CC# D203401916 0" SS
OPRTCT 10'x10' TE _ \\���� '•'d \
30' TEMPORARY ss
CONSTRUCTION EASEMENT _
BY SEPARATE INS TRU ENT EX_54" \
30' CIT F FORT
WORTH PERMANENT
WATER MAIN EASEMENT "A" PARCEL 47, PART 2
cc# D s1s
OPRTCT
— — — — — �G STATE OF TEXAS \� 40' SEWER EASEMENT L VOL. 5283, PG. 662 \
100 YEAR FLOODPLAIN BY SEPARATE INSTRUMENT DRTCT \
PER FE.M.A FIRMETTE
#48439CO760K — —
EFFECTIVE
// /
09 25 2009 STATE OF TEXAS
PARCEL E (PART
60' PERMANENT CHANNEL PROP. 8"
OR DRAINAGE ESMT.
VOL. 5283, PG. 674 40' SEWER EASEMENT SEWER LINE
DRTCT BY SEPARATE INSTRUMEN \ \ \
3O' TEMPORARY
EX. 10" SS X— 17684 CONSTRUCTION EASEMENT
.SEWER PROJECT NO. BY SEPARATE INSTRUMENT
— — — — P174-07017401340J PIPELINE EASEMENT \\ NN
\_ --- ---- — — — — BARNETT GATHERING, LP \
CC# D208235849
OPRTCT \ \
TEXq CALLED 13.93 ACRES T — = — — — — =ESE 1 SS — 1 EX. 4'�
— — — S ELECTRIC < RACT 1) — _ — _ _--- ssMH SERVICE Cp — _ — —
VOL. 2502 f,G. 593 MPgn/y CONNECT TO — — — — — _
DRTCT I _ FX 10"
DATE: 12/6/2023 � •
m ma
OWNER: LLI
GS QUARRY FALLS Q UARR Y FALLS
cNll eoa�ee�a, •nwin, landecaparchitedure planning
PHASE I OWNER, L.P. MULTI --FAMILY tbpels registration number: f — 2759
600 E. LAS COLINAS BOULEVARD tbpels registration/license number: 10088000
SUITE 2100 EXHIBIT Al 519 east border
IRVING, TEXAS 75039 arI ingta n, texas 76010
TEL: 214-451-5698 SEWER 81 7 - 4 6 9 -1 6 71
EMAIL:jthuhn®greystar.com CITY PROJECT N0105084 fax: 81 7- 2 7 4- 8 7 5 7
.
CONTACT: JR THULIN www.mmatexas.com
00 42 43
DAP - BID PROPOSAL
Page I of 4
SECTION 00 42 43
Developer Awarded Projects - PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
BidlistIteml
Description
Specification I
Unit of
Bid
Unit Price
Bid Value
No.
Section No.
Measure
Quantity
UNIT I: WATER
IMPROVEMENTS
1
0241.1300 Remove Conc Curb&Gutter
0241 15
LF
397
$15.00
$5,955.00
2
3201.0202 Asphalt Pvmt Repair Beyond Defined Width,
3301 17
SY
2354
Arterial
$50.00
$117,700.00
3
3305.0109 Trench Safety
33 05 10
LF
3400
$1.00
$3,400.00
4
3305.2008 30" Water Carrier Pipe
33 05 24
LF
95
$260.00
$24,700.00
5
3311.0001 Ductile Iron Water Fittinqs w/ Restraint
3311 11
TON
4.1
$8,000.00
$32,800.00
6
3311.0141 6" Water Pipe
3311 [10&121
LF
20
$60.00
$1,200.00
7
3311.0261 8" PVC Water Pipe
3311 12
LF
125
$80.00
$10,000.00
8
3311.0541 16" Water Pipe
3311 [10&121
LF
2934
$180.00
$528,120.00
9
3311.0551 16" DIP Water
33 11 [10&121
LF
102
$250.00
$25,500.00
10
3311.0567 16" PVC C905 Water Pipe, CLSM Backfill
3311 12
LF
100
$195.00
$19,500.00
11
3312.0001 Fire Hydrant
33 12 40
EA
7
$6,000.00
$42,000.00
12
3312.0106 Connection to Existinq 16" Water Main
33 12 25
EA
1
$10,000.00
$10,000.00
13
3312.0117 Connection to Exitinq 4"-12" Water Main
33 12 25
EA
1
$8,500.00
$8,500.00
14
3312.1002 2" Combination Air Valve Assembly for
33 12 30
EA
3
Water
$4,800.00
$14,400.00
15
3312.2003 1" Water Service
33 12 10
EA
2
$3,000.00
$6,000.00
16
3312.2203 2" Water Service
33 12 10
EA
2
$4,500.00
$9,000.00
17
3312.2801 3" Water Meter and Vault
33 12 11
EA
2
$30,000.00
$60,000.00
18
3312.3002 6" Gate Valve
33 12 20
EA
4
$2,500.00
$10,000.00
19
3312.3003 8" Gate Valve
33 12 20
EA
6
$3,500.00
$21,000.00
20
3312.3006 16" Gate Valve W/ Vault
33 12 20
EA
11
$34,500.00
$379,500.00
21
3312.6002 6" Blow Off Valve
33 12 60
EA
3
$6,500.00
$19,500.00
22
9999.0000 Non -Standard Item - 3" Water Pipe
00 00 00
LF
119
$40.00
$4,760.00
23
9999.0000 Non -Standard Item - Automatic Flusher
00 00 00
EA
1
$5,500.00
$5,500.00
TOTAL
UNIT I: WATER IMPROVEMENTS
$1,359,035.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS
Form Version May 22, 2019 WATER .AND SEWER_00 42 43_Bid Proposal DAP
L1Jki111r,NIs] 21=311]
SECTION 00 42 43
Developer Awarded Projects - PROPOSAL FORM
Project Item Information
00 42 43
DAP - BID PROPOSAL
Page 2 of 4
Bidder's Application
BidlistIteml
Description
Specification
I Unit of
Bid
No.
Section No.
Measure
Quantity
UNIT II: SANITARY SEWER
IMPROVEMENTS
1
0241.1300 Remove Conc Curb&Gutter
0241 15
LF
50
3301.0101 Manhole Vacuum Testing
3301 30
EA
11
2
3136.0104 Twisted Gabion Mattresses
31 3600
SY
539
3
3201.0202 Asphalt Pvmt Repair Beyond Defined Width,
3301 17
SY
178
4
3301.0002 Post -CCTV Inspection
3301 31
LF
1854
5
3305.0109 Trench Safety
33 05 10
LF
1854
6
3305.3008 20" Sewer Carrier Pipe
33 05 24
LF
80
3331.4108 6" Sewer Pipe
3311 10,
7
3331 12,
LF
187
3331 20
3331.4115 8" Sewer Pipe
3311 10
8
3331 12
LF
403
3331 20
9
3331.4201 10" Sewer Pipe
3311 10
LF
958
10
3331.5750 10" DIP Sewer, CLSM Backfill
3311 10
LF
196
3331.5747 8" Sewer Pipe, CLSM Backfill
3311 10
11
3331 12
LF
60
3331 20
3331.5749 10" Sewer Pipe, CLSM Backfill
3311 10
12
3331 12
LF
50
3331 20
13
3339.0001 Epoxy Manhole Liner
33 39 60
VF
40
14
3339.1001 4' Manhole
33 39 10
EA
10
33 39 20
15
3339.1002 4' Drop Manhole
33 39 10
EA
1
33 39 20
16
3339.1003 4' Extra Depth Manhole
33 39 10
VF
51
33 39 20
TOTAL UNIT II: SANITARY SEWER IMPROVEMENTS]
Bidder's Proposal
Unit Price I Bid Value
$15.00
$750.00
$150.00
$1,650.00
$120.00
$64,680.00
$50.00
$8,900.00
$2.00
$3,708.00
$1.00
$1,854.00
$265.00
$21,200.00
$75.00 $14,025.00
$90.00 $36,270.00
$100.00 $95,800.00
$100.00 $19,600.00
$95.00 $5,700.00
$105.00
$5,250.00
$200.00
$8,000.00
$6,000.00
$60,000.00
$7,500.00
$7,500.00
$350.00
$17,850.00
$372,737.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS
Form Version May 22, 2019 WATER .AND SEWER_00 42 43_Bid Proposal DAP
00 42 43
DAP - BID PROPOSAL
Page 3 of 4
SECTION 00 42 43
Developer Awarded Projects - PROPOSAL FORM
UNIT PRICE BID
Bidder's Application
Project Item Information
Bidder's Proposal
�BidlistIteml
Description
Specification
I Unit of I
Bid
Unit Price
Bid Value
No.
Section No.
Measure
Quantity
UNIT I -A: ALTERNATE WATER IMPROVEMENTS
1
3311.0001 Ductile Iron Water Fittings w/ Restraint 3311 11
TON
0.3
$8,000.00 $2,400.00
2
3311.0461 12" PVC Water Pipe 3311 12
LF
791
$165.00 $130,515.00
3
3312.3005 12" Gate Valve 33 12 20
EA
4
$5,000.00 $20,000.00
4
3312.6002 6" Blow Off Valve(100% Citv Cost) 33 12 60
EA
1
$6,500.00 $6,500.00
TOTAL UNIT I -A: ALTERNATE WATER IMPROVEMENT;,
$159,415.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS
Form Version May 22, 2019 WATER .AND SEWER_00 42 43_Bid Proposal DAP
L1Jki1119UNIs] 21=3101
SECTION 00 42 43
Developer Awarded Projects - PROPOSAL FORM
Project Item Information
00 42 43
DAP -BID PROPOSAL
Page 4 of 4
Bidder's Application
IBidlist Item) Description Specification I Unit of I Bid
No. Section No. Measure Quantity
Bid Summary
UNIT I: WATER IMPROVEMENTS
UNIT II: SANITARY SEWER IMPROVEMENTS
Total Construction Bid
UNIT I -A: ALTERNATE WATER IMPROVEMENTS
Total Alternate Bid
This Bid is submitted by the entity named below:
BIDDER:
GS Construction Great Plains, LLC
791 Town and Country Blvd., Suite 216
Houston, TX 77024
Contractor agrees to complete WORK for FINAL ACCEPTANCE within
CONTRACT commences to run as provided in the General Conditions.
BY:
TITLE: Vice President
DATE: 3.12.2024
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS
Form Version May 22, 2019
Bidder's Proposal
Unit Price I Bid Value
$1,359,035.00
$372,737.00
$1,731,772.00
$159,415.00
$1,731,772.00
100 calendar days after the date when the
WATER AND SEWER_00 42 43_Bid Proposal DAP
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 02/27/24 M&C FILE NUMBER: M&C 24-0176
LOG NAME: 60QUARRY FALLS 161NCH WATER LINE
SUBJECT
(CD 2) Authorize Execution of a Community Facilities Agreement with GS Quarry Falls Phase I Owner, L.P., with City Participation in an Amount
Up to $116,990.40 for Oversizing a 12-Inch Water Main to a 16-Inch Water Main for Anticipated Future Growth in Northwest Fort Worth and Adopt
Appropriation Ordinance to Effect a Portion of Water's Contribution to the Fiscal Years 2024-2028 Capital Improvement Program
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of a Community Facilities Agreement with GS Quarry Falls Phase I Owner, L.P., with City participation in an amount
up to $116,990.40 for oversizing a 12-inch water main to a 16-inch water main for anticipated future growth in northwest Fort Worth; and
2. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Water & Sewer Bond 2017A fund by
increasing estimated receipts and appropriations in the Community Facilities Agreement Programmable project (City Project No. P00001)
in the amount of $143,077.00 and decreasing estimated receipts and appropriations in the Unspecified -All Funds project (City Project No.
UNSPEC) by the same amount for the purpose of funding the Community Facilities Agreement - Quarry Falls Multifamily project (City Project
No. 105084) to effect a portion of Water's Contribution to Fiscal Years 2024-2028 Capital Improvement Program.
DISCUSSION:
GS Quarry Falls Phase I Owner, L.P., (Developer) is constructing Quarry Falls Multifamily (Development) east of Old Decatur Road and north of Jim
Wright Freeway. The Water Department is seeking to participate in the project to oversize the offsite water main from a 12-inch water main to a
16-inch water main for anticipated future growth in the area. The Quarry Falls project is assigned City Project No. 105084 and Accela System
Record IPRC23-0125.
In accordance with Chapter 212, Subchapter C of the Texas Local Government Code, the City's participation in the contract is exempt from
competitive bidding requirements because the contract is for oversizing public improvements being constructed by the Developer, the Developer
will execute a performance bond to cover the total project cost, including all of the City's cost participation, and the City's cost participation will be
determined in accordance with the City's Community Facilities Agreement (CFA) unit price ordinance.
The City's cost participation in the construction and oversizing of the water main is estimated to be in an amount not to exceed $116,990.40 as
shown in the table below. Payments to the Developer are estimated to be $104,345.00 for construction costs and $2,086.90 for material testing
costs. The City's cost participation also includes $10,558.50 to cover the City's portion of construction inspection service fees, administrative
material testing service fees, and water lab testing fees. An additional $26,086.25 in contingency funds will cover the City's portion of any change
orders.
A. Public Improvements Developer City Cost Total Cost
Cost
1. Water
$1,253,829.00$104,345.00 $1,358,174.00
�2. Sewer
$373,451.00
$0.00
$373,451.00
Contingency
$0.00
$26,086.25
$26,086.25
B. Inspections & Testing
1. Construction Inspection
Fee
$27,900.00
$9,600.00
$37,500.00
2. Admin Material Testing
Fee
$2,376.50
$808.50
$3,185.00
3. Material Testing Cost
4. Water Lab Fee
Total Project Cost
$0.00 $2,086.90 $2,086.90
$750.00 $150.00 $900.00
$1,658,306.50$143,076.65 $1,801,383.15
*Numbers will be rounded up for accounting purposes.
The reimbursement of the participation, excluding inspection and material testing fees, is not a lump -sum amount and may be less than the stated
amount depending upon the actual quantities and unit prices from the Notice of Final Completion package, commonly referred to as the Green
Sheet package.
It is the practice of the Water Department to appropriate its CIP plan throughout the Fiscal Year, instead of within the annual budget ordinance, as
projects commence, additional funding needs are identified, and to comply with bond covenants. The actions in the Mayor & Council
Communication will appropriate funds in support of the Water's portion of the City of Fort Worth's Fiscal Years 2024-2028 Capital Improvement
Program, as follows:
60OUARRY FALLS 161NCH WATER LINE
Capital Fund Name Project Name FY2024 CIP
Appropriations
Fund 56011 — Water & Sewer 105084 CFA-Quarry Falls
Bond 2017A Multifamily
Authority Budget Change Revised FY2024
(Increase/Decrease) Budget
$0.00 This M&C $143,077.00 $143,077.00
Funding is available in the Unspecified -All Funds project within the Water & Sewer Bond 2017A Fund for the purpose of funding the CFA-
Quarry Falls Multifamily project.
Funding for the CFA-Quarry Falls Multifamily project is depicted below:
JFund lExisting Appropriations Additional Appropriations (Project Total*
IlWater & Sewer Bond 2017A— Fund 56011 1 $0.00 $143,077.001 $143,077.00
JProject Total 1 $0.001 $143,077.001 $143,077.00
*Numbers rounded for presentation purposes.
BUSINESS EQUITY- A goal is not required under Business Equity Ordinance 25165-10-2021 when City spending participation on Community
Facilities Agreements are less than $1,000,000.00 dollars.
This project is located in COUNCIL DISTRICT 2.
19610311111LlI&I:7N UWGIZ WEN=1:4r19r«7_Arr•7,A
The Director of Finance certifies that funds are currently available in the Unspecified All -Funds project within the Water & Sewer Bond 2017A Fund
and upon approval of the above recommendations and adoption of the appropriation ordinance funds will be available in the Water & Sewer Bond
2017A Fund for the CFA-Quarry Falls Multifamily project to support the approval of the above recommendations and execution of the agreement.
Prior to an expenditure being incurred, the Water Department has the responsibility of verifying the availability of funds
Submitted for Citv Manaaer's Office by
Oriainatina Business Unit Head
Additional Information Contact:
Fernando Costa 6122
Chris Harder 8032
Suby Varughese 8009
Melissa Harris 8428