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Contract 61371
Received Date: May 7, 2024 Received Time: 7:48 a.m. Developer and Project Information Cover Sheet: Developer Company Name Address, State, Zip Code: Phone & Email: Authorized Signatory, Title: Project Name: Lennar Homes of Texas Land and Construction, LTD 1707 Marketplace Blvd Suite 100 Irving, Texas 75063 (469) 587-5293 1 Jennifer.Eller@lennar.com Jennifer Eller, Authorized Agent Northpointe West Phase 2 Brief Description: Water, Wastewater, Paving, Stormwater, Street Lights & Signs Project Location: North of Boat Club Road in the City of Fort Worth Plat Case Number: PP-22-052 Plat Name: Northpointe West Mapsco: 32A Council District: 7 CFA Number: 24-0028 City Project Number: 1048311 IPRC23-0141 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Page 1 of 18 Standard Community Facilities Agreement Rev. 9/21 City Contract Number: 61371 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 Northpointe West Phase 2 ("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 OFFICIAL RECORD City of Fort Worth, Texas CITY SECRETARY Page 2 of 18 Standard Community Facilities Agreement FT. WORTH, TX Rev. 9/21 connection with the work performed by the contractors. If a conflict exists between the terms and conditions of this Agreement and the CFA Ordinance, the CFA Ordinance shall control. 2. Incorporation of Engineering Plans The engineering plans for the Improvements that have been approved by the City ("Engineering Plans") are incorporated into this Agreement by reference as if fully set out herein. Developer shall provide at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to construct the Improvements required by this Agreement. 3. Description of Improvements; Exhibits and Attachments The following exhibits describe the general location, nature and extent of the Improvements that are the subject of this Agreement and are attached hereto and incorporated herein by reference: ® Exhibit A: Water ® Exhibit A-1: Sewer © Exhibit B: Paving ® Exhibit 13-1: 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. 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 City of Fort Worth, Texas Page 3 of 18 Standard Community Facilities Agreement Rev. 9/21 not reduce the amount of the Financial Guarantee unless authorized by the City in accordance with the CFA Ordinance. 6. Completion Deadline; Extension Periods This Agreement shall be effective on the date this Agreement is executed by the City's Assistant City Manager ("Effective Date"). Developer shall complete construction of the Improvements and obtain the City's acceptance of the Improvements within two (2) years of the Effective Date ("Term"). If construction of the Improvements has started during the Term, the Developer may request that this Agreement be extended for an additional period of time ("Extension Period"). All Extension Periods shall be agreed to in writing by the City and the Developer as set forth in a written amendment to this Agreement. In no event shall the Term of this Agreement plus any Extension Periods be for more than three years. 7. Failure to Construct the Improvements (a) The City may utilize the Developer's Financial Guarantee to cause the completion of the construction of the Improvements if at the end of the Term, and any Extension Periods, the Improvements have not been completed and accepted by the City. (b) The City may utilize the Developer's Financial Guarantee to cause the completion of the construction of the Improvements or to cause the payment of costs for construction of the Improvements before the expiration of the Term, and any Extension Period, if the Developer breaches this Agreement, becomes insolvent, or fails to pay costs of construction. (c) If the Financial Guarantee is a Completion Agreement and the Developer's contractors or suppliers are not paid for construction costs or materials supplied for the Improvements the contractors and suppliers may place a lien upon any property which the City does not have an ownership interest that is the subject of the Completion Agreement. (d) Nothing contained herein is intended to limit the Developer's obligations under the CFA Ordinance, this Agreement, the Financial Guarantee, Developer's agreements with Developer's contractors, or other related agreements. 8. Termination If Developer desires to terminate this Agreement before Developer's contractors begin constructing the Improvements, Developer agrees to the following: (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. City of Fort Worth, Texas Page 4 of 18 Standard Community Facilities Agreement Rev. 9/21 9. Award of Construction Contracts (a) Developer will award all contracts for the construction of the Improvements and cause the Improvements to be constructed in accordance with the CFA Ordinance. (b) Developer will employ construction contractors who meet the requirements of the City to construct the Improvements including, but not limited, to being prequalified, insured, licensed and bonded to construct the Improvements in the City. (c) Developer will require Developer's contractors to provide the City with payment and performance bonds naming the City and the Developer as dual obligees, in the amount of one hundred percent (100%) of the cost of the Improvements as required by the CFA Ordinance. The payment and performance bonds shall guarantee construction of the Improvements and payment of all subcontractors and material suppliers. Developer agrees to require Developer's contractors to provide the City with a maintenance bond naming the City as an obligee, in the amount of one hundred percent (100%) of the cost of the Improvements, that guarantees correction of defects in materials and workmanship for the Improvements by the contractor and surety for a period of two (2) years after completion and final acceptance of the Improvements by the City. All bonds must be provided to the City before construction begins and must meet the requirements of the City's Standard Conditions, Chapter 2253 of the Texas Government Code, and the Texas Insurance Code. (d) Developer will require Developer's contractors to provide the City with insurance equal to or in excess of the amounts required by the City's standard specifications and contract documents for developer -awarded infrastructure construction contracts. The City must be named as an additional insured on all insurance policies. The Developer must provide the City with a Certificate of Insurance (ACORD or form approved by the State of Texas), supplied by each contractor's insurance provider, which shall be made a part of the Project Manual. (e) Developer will require the Developer's contractors to give forty-eight (48) hours' advance notice of their intent to commence construction of the Improvements to the City's Construction Services Division so that City inspection personnel will be available. Developer will require Developer's contractors to allow construction of the Improvements to be subject to inspection at any and all times by the City's inspectors. Developer will require Developer's contractors to not install or relocate any sanitary sewer, storm drain, or water pipe unless a City inspector is present and gives consent to proceed, and to allow such laboratory tests as may be required by the City. (f) Developer will not allow Developer's contractors to begin construction of the Improvements until a notice to proceed to construction is issued by the City. (g) Developer will not allow Developer's contractors to connect buildings to service lines of sewer and water mains constructed pursuant to this Agreement, if any, until said sewer, water mains and service lines have been completed to the satisfaction of the City. 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 City of Fort Worth, Texas Page 5 of 18 Standard Community Facilities Agreement Rev. 9/21 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 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. (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. City of Fort Worth, Texas Page 6 of 18 Standard Community Facilities Agreement Rev. 9/21 13. Right to Enforce Contracts Upon completion of all work associated with the construction of the Improvements, Developer will assign to the City a non-exclusive right to enforce the contracts entered into by Developer with its contractors, along with an assignment of all warranties given by the contractors, whether express or implied. Further, Developer agrees that all contracts with any contractor shall include provisions granting to the City the right to enforce such contracts as an express intended third party beneficiary of such contracts. 14. Estimated Fees Paid by Developer; Reconciliation Prior to execution of this Agreement, Developer has paid to the City the estimated cost of administrative material testing service fees, construction inspection service fees, and water testing lab fees in the amounts set forth in the Cost Summary section of this Agreement. Upon completion of the construction of the Improvements, the City will reconcile the actual cost of administrative material testing service fees, construction inspection service fees, and water testing lab fees with the estimated fees paid by Developer. If the actual costs of the fees are more than the estimated payments made by the Developer, the Developer must pay the difference to the City before the Improvements will be accepted by the City. If the actual costs of the fees are less than the estimated payments made by the Developer, the City will refund the difference to the Developer. If the difference between the actual costs and the estimated payments made by the Developer is less than fifty dollars ($50.00), the City will not issue a refund and the Developer will not be responsible for paying the difference. The financial guarantee will not be released by the City or returned to the Developer until reconciliation has been completed by the City and any fees owed to the City have been paid by the Developer. 15. Material Testing The City maintains a list of pre -approved material testing laboratories. The Developer must contract with material testing laboratories on the City's list. Material testing laboratories will provide copies of all test results directly to the City and the Developer. If the Improvements being constructed fail a test, the Developer must correct or replace the Improvements until the Improvements pass all retests. The Developer must pay the material testing laboratories directly for all material testing and retesting. The City will obtain proof from the material testing laboratories that the material testing laboratories have been paid in full by the Developer before the City will accept the Improvements. 16. Notices All notices required or permitted under this Agreement may be given to a party by hand - 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 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 Page 7 of 18 Fort Worth, Texas 76102 Irving, Texas 75063 With copies to: City Attorney's Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 and City Manager's Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 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 City of Fort Worth, Texas Page 8 of 18 Standard Community Facilities Agreement Rev. 9/21 superior shall not apply as between the City and its officers, representatives, agents, servants and employees, and Developer and its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Developer. It is further understood that the City shall in no way be considered a co -employer or a joint employer of Developer or any employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers of Developer. Neither Developer, nor any officers, agents, servants, employees or subcontractors of Developer shall be entitled to any employment benefits from the City. Developer shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. The City, through its authorized representatives and employees, shall have the sole and exclusive right to exercise jurisdiction and control over City employees. 19. Applicable Law; Venue This Agreement shall be construed under and in accordance with Texas law. Venue shall be in the state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 20. Non -Waiver The failure of the City to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely on any such term or right on any future occasion. 21. Governmental Powers and Immunities. It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities. 22. Headings The paragraph headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. 23. Severability In the event that any clause or provision of this Agreement shall be held to be invalid by any 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 of Fort Worth, Texas Page 9 of 18 Standard Community Facilities Agreement Rev. 9/21 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 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. Immigration and Nationality Act City of Fort Worth, Texas Page 10 of 18 Standard Community Facilities Agreement Rev. 9/21 Developer shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Developer shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Developer shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Developer employee who is not legally eligible to perform such services. DEVELOPER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY DEVELOPER, DEVELOPER'SEMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Developer, shall have the right to immediately terminate this Agreement for violations of this provision by Developer. 29. Amendment No amendment, modification, or alteration of the terms of this Agreement shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by the City and Developer. 30. Assignment and Successors Developer shall not assign or subcontract all or any part of its rights, privileges, or duties under this Agreement without the prior written consent of City. Any attempted assignment or subcontract without the City's prior written approval shall be void and constitute a breach of this Agreement. 31. No Third -Party Beneficiaries The provisions and conditions of this Agreement are solely for the benefit of the City and Developer, and any lawful assign or successor of Developer, and are not intended to create any rights, contractual or otherwise, to any other person or entity. 32. Compliance with Laws, Ordinances, Rules and Regulations Developer, its officers, agents, servants, employees, and contractors, shall abide by and comply with all laws, federal, state and local, including all ordinances, rules and regulations of City. It is agreed and understood that, if City calls to the attention of Developer any such violation on the part of Developer or any of its officers, agents, servants, employees, or subcontractors, then Developer shall immediately desist from and correct such violation. 33. Signature Authority The person signing this Agreement on behalf of Developer warrants that he or she has the legal authority to execute this Agreement on behalf of the Developer, and that such binding authority has been City of Fort Worth, Texas Page 11 of 18 Standard Community Facilities Agreement Rev. 9/21 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 18 Standard Community Facilities Agreement Rev. 9/21 Project Name: Northpointe West Phase 2 CFA No.: 24-0028 Items A. Water and Sewer Construction 1. Water Construction 2. Sewer Construction Water and Seer Construction Total 36. Cost Summary Sheet City Project No.: 104831 B. TPW Construction 1. Street 2. Storm Drain 3. Street Lights Installed by Developer 4. Signals TPW Construction Cost Total Total Construction Cost (excluding the fees) Estimated Construction Fees: C. Construction Inspection Service Fee D. Administrative Material Testing Service Fee E. Water Testing Lab Fee Total Estimated Construction Fees: Financial Guarantee Options, choose one Bond = 100% Completion Aqreement = 100% / Holds Plat Cash Escrow Water/Sanitary Sewer= 125% Cash Escrow Pavinq/Storm Drain = 125% Letter of Credit = 125% Escrow Pledqe Aqreement = 125% Developer's Cost $ 1,122,188.00 $ 937,761.00 $ 2,059,949.00 $ 2,061,109.00 $ 1,566,380.00 $ 384,500.00 $ 4,011,989.00 $ 6,071,938.00 $90,000.00 $18,375.00 $2,190.00 $ 110,565.00 IPRC No.: 23-0141 Choice Amount (Mark one $ 6,071,938.00 X $ 6,071,938.00 $ 2,574,936.25 $ 5,014,986.25 $ 7,589,922.50 City of Fort Worth, Texas Page 13 of 18 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 Lennar Homes of Texas Land and Construction, �` LTD Dana Burghdoff (May ,2024 CDT) /1�_ .Ilw GV Dana Burghdoff Jennifer Eller(May 3, 202409:46 CDT) Assistant City Manager Jennifer Eller Authorized Agent Date: May 3, 2024 Date: May 3, 2024 Recommended by: —i. 069- Dwayne Hollars (May 3, 2024 09:47 CDT) Dwayne Hollars Contract Compliance Specialist Development Services Approved as to Form & Legality: Richard McCracken (May 3, 202413:25 CDT) Contract Compliance Manager: Richard A. McCracken Sr. Assistant City Attorney By signing, I acknowledge that I am the person responsible for the monitoring and M&C No. N/A administration of this contract, including Date: May 3, 2024 ensuring all performance and reporting requirements. Form 1295: N/A -U,In °aIl Rebecca Owen (May 3, 2024 09:49 CDT) ATTEST: A 6M, ao�] �No°ao // V `S°9.�o °_� Rebecca Diane Owen QadaIlatEZP o1 � s , aoo ` Development Manager Jannette S. Goodall City Secretary OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Page 14 of 18 Standard Community Facilities Agreement Rev. 9/21 The following attachments are incorporated into this Agreement. To the extent a conflict exists between the main body of this Agreement and the following attachments, the language in the main body of this Agreement shall be controlling. Included Attachment © Attachment 1 - Changes to Standard Community Facilities Agreement ® Attachment 2 — Phased CFA Provisions ❑ Attachment 3 — Concurrent CFA Provisions ® Location Map ® Exhibit A: Water Improvements ❑X Exhibit A-1: Sewer Improvements X❑ Exhibit B: Paving Improvements © Exhibit B-1: Storm Drain Improvements © Exhibit C-1: Street Lights and Signs Improvements © Cost Estimates (Remainder of Page Intentionally Left Blank) City of Fort Worth, Texas Page 15 of 18 Standard Community Facilities Agreement Rev. 9/21 ATTACHMENT "I" Changes to Standard Community Facilities Agreement City Project No. 104831 None City of Fort Worth, Texas Page 16 of 18 Standard Community Facilities Agreement Rev. 9/21 ATTACHMENT "2" Phased CFA Provision City Project No. 104831 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, Northpointe West Phase IA (City Project Number 104830, IPRC24-0027). 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 City of Fort Worth, Texas Page 17 of 18 Standard Community Facilities Agreement Rev. 9/21 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 PHASED CFA, DEVELOPER ASSUMES ALL RISKS AND DEVELOPER SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL DAMAGES, INCLUDING BUT NOT LIMITED TO ANYAND ALL ECONOMIC DAMAGES PROPERTYLOSS, 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 NOTLIMITED TOANYANDALL ECONOMIC DAMAGES, PROPERTYLOSS, 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 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 ANY AND ALL CLAIMS (WHETHER AT LAW OR IN EQUITY), LIABILITIES, DAMAGES (INCLUDING ANYAND ALL ECONOMIC DAMAGES, PROPERTYLOSS, PROPERTYDAMAGES AND PERSONAL INJURIES INCLUDING DEATH), LOSSES, LIENS, CAUSES OF ACTION, SUITS, JUDGMENTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION), OF ANY NATURE, KIND OR DESCRIPTION ARISING OR ALLEGED TO ARISE BY OR IN ANY WAY RELATED TO CONSTRUCTION OF THE IMPROVEMENTS OR DEVELOPER'S CHOICE TO CONSTRUCT A 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 INPART 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: 4kw,4m 1wj Jennifer Eller (May 3, 202409:46 CDT) Name: Jennifer Eller Title: Authorized Agent City of Fort Worth, Texas Page 18 of 18 Standard Community Facilities Agreement Rev. 9/21 y TIMBER pgKg \\JI /NORTHPOI PHASE ' CPN I Rk'p 0 TRAILRIDGE ZNGLIN �qkF DpM vPZ .� WIN �1� 9529E ILL MAPSCO NO. 032A COUNCIL DISTRICT 7 PROJECT LOCATION N 0 RTH POI NTE G�UNTY PHASE 1A 9 CPN 104830 �sF� AX i SOUTH W PARK l / � I BAIL VICINITY MAP OWNED/DEVELOPED BY: LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD. 1707 MARKET PLACE BLVD., SUITE 100 IRVING, Texas 75063 KYLE DICKERSON PHONE: (469) 587-5206 NORTHPOINTE-WEST PHASE 2 CITY PROJECT NO. 104831 LJA Engineering, Inc. LIA 6060 North Central Expressway Phone 469.621.0710 Suite 400 Dallas, Texas 75206 FRN - F-1386 CHAPEL HILL N WEST LLC 4 I x = 56� 58 59� 60 61 62 63 64 65 66 67 � 68 69 70 71 72 7 I SCALE:1" 400' l I I CHEN OWEiH WAY 17 a J 55 54 �1 '�l 4 5 6 78 9r-E 535251 a 8 121 22 23 2 25 2WATEFUNE NORTHPOINTE 50 _ADASTRA DRIVE) PHASE 4 49 CPN 104932 p4 48 47 34 33 3 31 3C 29 3a 35 36 37 3639 40 41 4 43 4 45 30-1x J NOT EXISTING INFRASTRUCTURE 8" WATER LINE a vfuti TRIDNE WAY 1 NORTHPOINTE PHASE 1A 4-1x „ I CPN 104830 (PROJECT UNDER 46 CONSTRUCTION) 45 44 43 s� sP 4 42 1 eH 12 ee 40 29 13 11 / v�vMo 39 10 14 6 S 7 7-1X , 6 38 15 5 9 5 37 9 16 4 10 - 10 ////''''����1 1 12 13 14 15 4 36 8 17 3 11 9 3 7 35 � 7 �19 m Q 2 12 8 6 5 4 3 2 1 2 34 6 20 a 1 1 7 EORCHINI DRIVE 1 33 5 21 32 4 10 \ 22 - 3C 29 28 27 26 25 2 2 2 21 2C19 18 17 16 LL 3 P3 w �99 2 2 "fie 1 4 I 1 2 3 4 5 6 7 8 9 10 111213 14 15 7 \29— ` _ _ �� NI f LYNMAR UNE 6 ,� *WA7 EE9 I 5 NORTHPOINTE EAST (CPN109) \ 2 212g1918 1615141312 34 PHASE 8 3 CPN 103273 �a NORTHPOINTE PHASE 1A 6Ei0NSIRUCIED CPN 104830 To-:' WATERLINE (CPN 10"29) NOT EXISTING INFRASTRUCTURE 8" WATER LINE NORTHPOINTE NORTHPOINTE PHASE 1B CPN 104829 PHASE 1 B (PROJECT UNDER CPN 104829 CONSTRUCTION) OWNED/DEVELOPED BY: LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD. WATER 1707 MARKET PLACE BLVD., SUITE 100 IRVING, Texas 75063 KYLE EXHIBIT 'A' PHONED:.ICKERSON (4 9) 587-5206 LEGEND PROPOSED WATER LINE NORTHPOINTE-WEST EXISTING WATER LINE PHASE 2 LIMITS OF PROJECT CITY PROJECT NO. 104831 LJA Engineering, Inc. AUA 6060 North Central Expressway Phone 469.621.0710 Suite 400 Dallas, Texas 75206 FRN - F-1386 E%' CHAPEL HILL WEST LLC NOT EXISTING INFRASTRUCTURE I H II — 8" PVC SANITARY SEWER LINE I5658 5s160 61 62 63 64 65 66 67 v 68 69 70 71 72 7 SCALE: 1" = 400' NORTHPOINTE EAST PHASE 12 I CMEN°WET" WAY CPN 104288 55 54 _ 2 3 4 5 6 7 8 9 10 11 12 1314 1516 17�� 53 TO —BE —CONSTRUCTED 8" 52 — SANITARY SEWER LINE a 8 1 0 21 22 23 2 25 26 27' 28 (CPN 104288) NORTHPOINTE 51 so AOASTRA 1111E PHASE 4 49 NE CPN 104932 O 48 47 �34 33 32 31 3C 29 30 Q35 36 37 38 39 40 41 4 43 4 45 / TE10NE WAY 30-1X EXISTING 15" SANITARY --- NE r A" LINE SEWER LINE CPN 102250 TO —BE —CONSTRUCTED 8' SANITARY SEWER LINE 4-1X (CPN 104288) NOT EXISTING INFRASTRUCTURE 4546 8" PVC SANITARY SEWER LINE \ 44 Q NORTHPOINTE EAST PHASE 12 4 42 43 .- �CPN 104288 Ai 1 �aP 12 aFtiz c 40 �c 29 13 NO�ceE qRc 39 7-1X CONNECT TO EXISTING 38 10 154 67 8 F a" LINE T 6 4' MANHOLE 37 9 16 45 10 E` 10 11 q CPN 102250 36 8 17 3 11 9 6 i 3 7 35 7 18 3 2 12 8 6 5 4 3 2 1 2 19 m 3334 5 6 20 1 ' A" VIF Ai FONcniNi DRIVE 1 21 _ JY 32 4 10 \ 22 3C 29 28 27 26 25 24 23 2 21 2 19 18 17 16r E 3 23 w w �9 � 2 —j 824 1 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15t 9— LYNMAR LANE �' 7 k TO —BE —CONSTRUCTED 8' e c LI1r� — N 5 NORTHPOINTE EAST SANITARY SEWER LINE ±2� LPHASE 8 (CPN 104829) \ 21 20� 19 18 16 15 14 13 12 4 I 3 3 CPN 103273 NORTHPOINTE PHASE 1A CPN 104830 NOT EXISTING INFRASTRUCTURE NORTHPOINTE 8" PVC SANITARY SEWER LINE NORTHPOINTE PHASE 1B PHASE 1 B CPN 104829 CPN 104829 (PROJECT UNDER / CONSTRUCTION) I( OWNED/DEVELOPED BY: LENNAR HOMES OF TEXAS WASTEWATER LAND AND CONSTRUCTION, LTD. 1707 MARKET PLACE BLVD., SUITE 100 EXHIBIT 'A-1' IRVING, Texas 75063 KYLE DICKERSON PHONE: (469) 587-5206 LEGEND PROPOSED SAN SEWER NORTHPOINTE-WEST FLOW DIRECTION - PHASE 2 EXISTING SAN SEWER CITY PROJECT NO. 104831 LIMITS OF PROJECT LJA Engineering, Inc. AUA 6060 North Central Expressway Phone 469.621.0710 Suite 400 Dallas, Texas 75206 FRN - F-1386 NORTHPOINTE PHASE 4 CPN 104932 CHAPEL HILL N WEST LLC 56�4 II x II = 58 59� 60 61 62 63 64 6566 67 � 68 69 70 71 72 73� SCALE:1" 400' II II IHI—ETR wnr a II 55 54 1>1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 11 17 53 52 51 08 19 20 21 22 23 2 25 26 27 28 50 l _ ADASTRA DRIVE 49 O 48 47 34 3.', 3 31 3C 29 w NOT EXISTING INFRASTRUCTURE so NORTHPOINTE PHASE 1A 35 36 3 M 39 4C 41 4 43 4 45 J CPN 104830 \ 7RIONE war 30-1 X _- — (PROJECT UNDER CONSTRUCTION) 4-1X 46 NOT EXISTING INFRASTRUCTURE 45 NORTHPOINTE PHASE 1A 44 �� CPN 104830 43 rys� 4z °�� 12 (PROJECT UNDER ewzi 40 29 13 CONSTRUCTION) �qRo 39 14 7 7-1X 38 ( 6 8 10 15 \ 6 5 37 9 16 4 10 e 10 11 12 13 14 15 4 36 8 17 > 3 6 7 35 7 18 2 12 6 2 6 5 4 3 2 1 6 19 1 13 7 FORcniNi RENE 1 20 ` � -- 4 22 3C 29 2E 27 26 25 24 2 2 21 2C 19 18 17 16 10 3 P3 w 9 4 2 — — — a 2 1 24 1 2 3 4 5 6 7 8 1710 10 1112131415 7 14 LYNMAR LANE 6 NOT EXISTING INFRASTRUCTURE NORTHPOINTE PHASE 1A CPN 104830 (PROJECT UNDER CONSTRUCTION) I�''7yI d 5 2 21 2 19 18 161514 13 12 4 i 3 NORTHPOINTE PHASE 1A NOT EXISTING INFRASTRUCTURE CPN 104830 NORTHPOINTE PHASE 1B CPN 104829 (PROJECT UNDER NOT EXISTING INFRASTRUCTURE CONSTRUCTION) NORTHPOINTE NORTHPOINTECPN 104829E 1 B PHASE 1 B (PROJECT UNDER CPN 104829 CONSTRUCTION) PAVING IMPROVEMENTS EXHIBIT'B' LEGEND E _ PROPOSED 29'B—B ROADWAY/50'ROW PROPOSED SIDEWALK J (BY HOMEBUILDER) PROPOSED SIDEWALK (BY DEVELOPER) PROPOSED ADA RAMPS 0 (BY DEVELOPER) E LIMITS OF PROJECT NORTHPOINTE EAST PHASE 8 CPN 103273 OWNED/DEVELOPED BY: LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD. 1707 MARKET PLACE BLVD., SUITE 100 IRVING, Texas 75063 KYLE DICKERSON PHONE: (469) 587-5206 NORTHPOINTE-WEST PHASE 2 CITY PROJECT NO. 104831 LJA Engineering, Inc. LIA 6060 North Central Expressway Phone 469.621.0710 Suite 400 Dallas, Texas 75206 FRN - F-1386 NORTHPOINTE PHASE 4 CPN 104932 2-10' INLET AIII 21" RCP F .X 54 _ 53 / 52 51 50 ' 24" RCP 48. RCP 4 / 4.1 SLOPED END HEADWALL /15' INLET 24' RCP FW-S 15' SKEW 4:1 WINGWALL WITH 5' EXT CURB /24" RCP 27• RCP 4:1 SLOPED END HEADWALL 4' SO. JUNCTION BOX 24" RCP 10' INLET 24" RCP 10, INLET 21" RCP STORMWATER EXHIBIT 'B-1' LEGEND PROPOSED STORM DRAIN LINE PROPOSED INLET EXISTING INLET LIMITS OF PROJECT CHAPEL HILL WEST LLC 5x5' DROP INLET 42" RCP I I I I I I I 24' RCP 33 64 65 66 67 8 6 0 5' SQ' _ 1--I JUNCTION BOX 'I V C ICNDWETH WAY I I J 2-10' INLET 42" RCP 21" RCP 5 ' ' .INLE11 T ' ^W1112 3 15 1 6 17 ! 21- RCP 48" RCP 2 :4S0. I v= JUNCTION BOX c 4.1 SLOPED END HEADWALL — ADAS-RA JR VC �l I I I I\ PW-1 30' SKEW 4:1 WINGWALL WITH 5' EXT CURB 30-1 XI T' T! TJ TRIUNE WAY �1-5'X5' RCB 2-4'X3' RCB PW-1 4.1 WINGWALL WITH 5' EXT CURB 4' SO. JUNCTION BOX 24" RCP SCALE:1" = 400' T4 24" RCP; 5 � 10' INLET 6 9 21" RCP 1 RCP s 2-15' INLEf 5 �21' 910 ^1 10' INLET P \ �/ 21" RCP 8 21" RCP 4 3 7 2 , 2 _ 1 I( I �FOR-1 lz DRIVE 2-10' M�M.Ef NOT EXISTING INFRASTRUCTURE 21" RCP 21 " RCP STORM LINE 3 22T. �?__I2 2 2 15, INLEi 21 2C 1s 120 INLET 0 NORTHPOINTE PHASE 1A 4' SQ. 9 CPN 104830 JUNCTION 4 1 2 3 2-10'c INLET4 9710 1112131415 7 " 21- RCP LYNMAR LAN[ 24' RCP 9 18 161514 13 12 w 6 < 5 4 NORTHPOINTE EAST PHASE 8 ar RCP' -° 3 3 CPN 103273 NORTHPOINTE -- PHASE 1A CPN 104830 NORTHPOINTE PHASE 1B CPN 104829 OWNED/DEVELOPED BY: LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD. 1707 MARKET PLACE BLVD., SUITE 100 IRVING, Texas 75063 KYLE DICKERSON PHONE: (469) 587-5206 NORTHPOINTE-WEST PHASE 2 CITY PROJECT NO. 104831 LJA Engineering, Inc. LIA 6060 North Central Expressway Phone 469.621.0710 Suite 400 Dallas, Texas 75206 FRN - F-1386 CHAPEL HILL WEST LLC 458516 x0 61 62 63 64 65 66 67 , 68 69 70 71 72 7 CHENOWETH WAY J 54 1 2 3 4 5 6 7 8 9 10 11 12 1314 1516 17 Ip--7---� - - 53 0 a --t------ - 52 Q 51 18 19 20 21 22 23 24 25 26 27 28 50 49 aNSTRn DRIVE - O 48 47 34 3 3 31 3 29 NORTH POI NTE 35 36 37 38 39 40 41 4 43 40 45 PHASE 4 - 3 ,X CPN 104932 rRIDNE wA� 4-iX 46 45 44 43 s� 4 42 p sP 1 �� 12 oF^'zi N 40 29 13 cE eo a 1 1 oce�gRa 39 7 7-1X 38 10 14 6 8 6 1 5 9 5 37 9 16 4 10 10 11 12 13 14 15 4 36 8 17 9 3 11 9 6 3 7 35 7 18 m 2 12 8 2 19 6 5 4 3 2 1 34 6 20 L 1 1 7 FDECNINI DRIVE — 1 33 5 21 32 4 10 \ 22 3C 29 28 27 26 2 24 2 2 21 2C'19 18 17 16 LL 3 23 9 2I 1 24 1 2 3 4 5 6 7 8 9 10 1112131415 7 y A� �9- _ CvnNnR uvE \ —5 w 5 1 21 2 19 18 161514 13 12 I\ 3 3 * NORTHPOINTE PHASE 1 A * CPN 104830 N E PHASE0IN� 'ter CPN 104829 STREET LIGHTS & NORTHPOINTE EAST PHASE 8 CPN 103273 OWNED/DEVELOPED BY: STREET NAME SIGNS LENNAR HOMES OF TEXAS EXHIBIT 'C-1 ' LAND AND CONSTRUCTION, LTD. 1707 MARKET PLACE BLVD., SUITE 100 IRVINLEGEND KYLE , Texas 75063 KYLE DICKERSON PHONE: (469) 587-5206 PROPOSED STREET - NAME SIGN PROPOSED SINGLE STREET LIGHT NORTHPOINTE-WEST EXISTING STREET PHASE 2 NAME SIGN CITY PROJECT NO. 104831 EXISTING SINGLE AUA STREET LIGHT LJA Engineering, Inc. LIMITS OF PROJECT 6060 N th C t 1 E Ph 469 621 0710 or en ra xpressway one Suite 400 Dallas, Texas 75206 FRN - F-1386 UNIT PRICE BID SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Project Item Information 00 42 43 Udlity&Paving DAP - BID PROPOSAL Pap 1of5 Bidder's Application Bidder's Proposal Bidlist Item Description Specification I I Unit of Bid Unit Price Bid Value No. Section No. Measure Quantity UNIT 1. WATER IMPROVEMENT -SR 1 3305.0003 8" Waterline Lowering 330512 EA 12 - , , $5,500.00 $66,000.00 . . —2' —' i365.666 Trench Safety 3 , 3 , 05 - 1 - 0 LF - 83 2 2 —ii4-- $2. 0 0 $16,6 , 4 4. 00 'K1 1.0001 Ductile Iron Water Fittings w/ Restraint _TON �6,50,0.00, $26,030.00 3311.0241 Water Pipe 33 1110, 33 11 12 LF 7885 $62.00 $488,870.00 33l 1.b25i e bip water 3311 10 LF 437 $72.00 $31,464.00 6 3312.0001 Fire rant �ycll 331240 —33i225.- EA —'E:A— 19 $6,500.00 $123,500.00 1 7 onnection to Existing 4"-12" Water Main �3iZb i 6 4 000.00 8 iii i2003 1 " Water Service 331210 —331220- EA 194 --,$,2,50,0.,0-0 $1,400.00 $2711,660'.60 '9— 3312.kO34'-Gate VaiviW EA 21*- -4, —$-1,50,0.00', $52,500.00 10 699,9.-0, 001 f" Irrigation S'e—rvic-e 00 0, 0, 0" 0, E A" 11 9460.0002 26- Steel Encasement 00 00 00 LF 87 $340.00 $29,580.00 15 9 io il 22 23 24 28 29 39- 31 32 33 35 —i6 37 38 TOTA UNIT 1: WATER IMPROVEMENTS $1,122,188.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22,2019 Northp.i.te WesL Phase 2 00 42 43 U61ity&Paving DAP -BID PROPOSAL Page 2 of i SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal BidlistItem` Description I Specification Unit of I Bid Unit Price Bid Value No. I Section No. Measure Quantity .1NIT II: SANITARY SEWER IMPROV MENTS 1 3301.0002 Post -CCTV Inspection, 33 01 31 LF 6133 $3.00 $1,8,,3991,001 _ 2 3301.0101 Manhole Vacuum Testing _ 33 01 30 EA _ 33 _ $200.00 $6,600.0 0 —.... _.. _ ..... .... .. ... 3305.0106 Manhole Adjustment, Ma'or 1 _ 33 051 4 . _. EA 2 .. $5,500.00 _. . $11,000.00 . . 3305.0109 Trench Safety — —33 05 10i _ LF ,6133_ —� $2.00 $12,266.00 5 — 3331.3101 4" Sewer Service 3331 50 EA 148 $850.00 $125,800.00 3331.4115 8" Sewer Pipe - SDR 26 331110, 3331 12, IF 5733 $72.00 $412,776.00 333120 7 3331.4116 8" Sewer Pipe, CSS Bactfill 3311 10, 33 31 LF 400 $102.00 $40,800.00 8 3339.1001,4'Manhole, _ 33 39 10. 33 3920 —EA_. 32.,� $4,500,00 _,$144,000,00 9 3339,1002.4 Drop Manhole.__._T `3aa9io 33`3920 _ EA _ 1_,,,_$6,500.00, _ $q,q 090 _ _._ 10 3339.1003 4' Extra Depth Manhole_ _ _ i 3910, 333920 - VF — . 88 — _ $225.00 _ ,. $19,800.00 .._..-..,_ 11. ._ ....__ _ _ _ 3339.0001 Epoxy Manhole Liner 33 39 60 __. _ . VF 212 .,� $465.001 _,$102,820.00 _ 3305.0113 Trench Water Stops.., _ 33 05 15 _ . EA — —,20._ .,$500,OQ _ _ $1,91000.00 �12__ � 13 - 9999.0003 Connect to Existing 8" Sewer Main System 000000 EA 3 $5,500.00 $16,500.00 --14_ 9999.0004 Connect to Existing 4' Manhole. 00,00.00— _ EA __„ __ 1, 10,500.00 .$10,500.00, _ 15- 16 18� --..19 21 22 — 23 — - - 24 — --- --- _ 25 — - --- -- _ 28� 31 �32.—.- _ 34 _ _35 _ 36 _ — _37 _.-38_ TOTAL UNIT It: SANITARY SEWER IMPROVEMENTS CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 $937,761.00 Nonhpointe West, Phase 2 00 42 43 Uliliry&Paving DAP - BID PROPOSAL Page 3 of5 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidders Proposal Bidlist Iteml Description I Specification I Unit of I Bid Unit Price l Bid Value No. Section No. Measure Quantity UNIT III: DRAINAGE IMPROVEIKQNTS 1 3305.0109 Trench. Safety_ ... _ _ _, 33,05,10 _,-. L ,F - _ 3,710 _ _ _ _ •$2.00 , _ . $7,420.00 _ 2 3341.0201 21" RCP, Class III 3341 10 - - LF - 473 - $75.00 $35,475.00 3 3341.0205 24"" RCP, Class 111 33 41 10 LF 1787 $85.00 $151,895 .00 4 3341.0208 27" RCP, Class III 33 41 10 - LF _ _ 285 - _ $95.00 $27,075.00 5 _ 3341.0302 30" RCP, Class III �_ �_� _ _ _ -_ _ _ 33 41 10 ._ LF _ 30 $110.00 $3,300.00 6 3341.0402 42" RCP Class III - _ a 33 41 10 __ LF - -391 $205.60 _ - $80 155.00 _ 7 _ _ 3341.0409 48" RCP, Class III 33 4-1)0 LF 113 $240.00 $27,120.00 _ 3341 10 .. ...... - LF _.._ --_ 185 .... $295.00 _ _:�..... $54,575.00 ,... . 9 3341.1203 5x5 Box Culvert _ - 3341 10 _ �334110 ... _ LF 92 -354 _ $395.00 �$1,050.00 $36,340.00 �10^ 3341.210611x9BoxCulvert LF- $371,700.00 11 3349.0001 4' Storm Junction Box 33 49 10 EA 9 $7,000.00 $63,000.00 12 3349.0002 5' Storm Junction Box 33 49 10 EA _ 2 $8,000.00 $16,000,00 -13- 3349.01024' Manhole Riser _ 33 49 11. 0 W EA 1 • $8,500.00 14 3349.5001 10' Curb Inlet 33 49 20 EA 16 $3,800.00 $60,800.00 15 3349.5002 15' Curb Inlet 33 49 20 - EA 5 _ - $4,800..00 $24,000.00 _� 16 3349.5003 20' Curb Inlet 33 49 20 EA 2 $5,800.00 $11,600.00 17 3349.7002 5' drop inlet _ 33.49,20 _ EA _ 1 _ . $7,500.00 . $7,500.00 _ 18 3137.0102 Large Stone Type "A" Dry Rip Rap (12"� 31 3.700 _ SY _- 761 $125.00 $95,125.00 9999.0005 27" 4:1 Sloped End Headwall 00 00 00 EA 1 _ $4,000.00 $4,000.00 �19 20 9999:0006 48" 4:1 Sloped End Headwall _ 00 0000 EA 2 - $6,000.00 $12,000.00 _ _ 21 9999.0007 30" 4:1 CH-FW-O Headwall .. _ 00 00 00 EA 1 _ $4,500.00 $4,500.00 22 9999.0008 4-11 x9' RCB 4:1 PW 1 Win wall With 5.0' 00 00 00 Y _ EA 1 _ $161,500.00 $161 ,500.00 - . � .. Wing ...._. .. .... .. , .. 9999.0009 4-11'x9' RCB FW-S 15 Degree Skew 4:1 00 00 00 EA 1 $168,000.00 . $168 ,000.00 23 Wingwall With 5.0' Extended Curb 24 9999.0010 1-5'x5' & 2-4x3' RCB PW-1 4:1 Wingwall 00 00 00 EA 1 $70,500.00 $70,500.00 With 5.0' Extended Curb 25 999Wmgwall With 5 0 Extended Cub 30 Degree Skew 000000- EA _-1T - $59,500.00 $59,500.00 _ . 5 _. �__ 26 9999.0012.lnlet.Protection_�- .,...- 0000.00 33 34 35 36 37 38 39 40 41 42 _ EA, •_ 24_ $200,00 TOTAL UN T III: DRAINAGE IMPROVEMENTS CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 $1,566,380.00 Northpoino; West Ph,%e 2 UNIT PRICE BID SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Project Item Information 00 42 43 Udlit ' %,&Paying DAP - BID PROPOSAL Page 4 of S Bidder's Application Bidder's Proposal Bidlist Item Description Specification I I Unit of Bid Unit Price Bid Value No. Section No. Measure Q uantity UNIT IV: PAVING IMPROVEMENTS 1 3211.0400 Hydrated Lime (�qj�qsy) 31 1129 TN 473 $245.00 $115,885.00 3211.0501 d me Treatment 32 11 29 SY 3 154 0 $ 3 .5 0 $ 110 3 9 0 00 3 3213.01016" Conc Pvmt 321313 SY 29569 $52.00 $1,537,588.00 3213.030 1 4" C onc Sidewalk 3213 20 SF 19450 $ 4.8 0 $93, 3 60.0 0 6— 'ii41'.01'00'-TOpsOI1-'-" 32 91 1 9 CY 3 8 1 $ 28.00 $ 1 0,668.00 3241660 block Sod Placement 32 92 13 SY "EA'— 2286 — $8.00 $18,288.00 "f— 3213.05-06 Barrier Free"Ra'm p',' Type-P---f—, . 3-2,16-2-0— . ..... 20 $2,200.00 $44,*0*'00.00 - . 8 3213 . .650i Barrier -Free Ramp, TypeR- 1 32 . 0 32 1 1 . EA 4 $2,4 00.00 $ 9,6 0 0. 0 0 9999.0013 Remove Barricade & Connect to Existing 00 00 00 EA 6 $500.00 $3,000.00 9 Pavement Header — 10 � I I � I. . — — - . — ......... .. . . 9999,0014 Constr Barricade — 00 00 00 - EA i - �860.00 tilk.00 11 9999.0015 Construct Std. Pvmt. Header 00 00 00 LF 29 — 62' $30.00 — $870.00 —fi— 990016wPedestrian'. Rail 60 00 00 —60 LF i —1-5, — $16b.66 — $6066.6b 00 00 E'- A— $45'0.00- $8,750.00 14 9999.0018 Street Name Blade Pair 00 00 00 EA 18 $350.00 $6,300.00 15 9999.0019 Street Sign pole 00 00 00 EA 12 $4,200.00 19 20 22 23 —i4— -- - 45-- 26 30 33 35 36 37 38 43 TOTAL UNIT IV: PAVING IMPROVEMENTS $2,061,109.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Farm Version May 22,2019 Northpointo West- Phme 2 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID 00 42 43 Utility&Paving DAP - BID PROPOSAL Page 5 of 5 Bidder's Application Project Item Information Bidder's Proposal Bidlist Item) I Specification Unit of I Bid Description Unit Price Bid Value No. ` Section No. Measure Quantity Bid Summary UNIT I: WATER IMPROVEMENTS $1,122,188.00 UNIT II: SANITARY SEWER IMPROVEMENTS $937,761.00 UNIT III: DRAINAGE IMPROVEMENTS $1,566,380.00 UNIT IV: PAVING IMPROVEMENTS $2,061,109.00 UNIT V: STREET LIGHTING IMPROVEMENTS UNIT VI: TRAFFIC SIGNAL IMPROVEMENTS Total Construction Bid $5,687,438.00 This Bid is submitted by the entity named below: BIDDER: BY: Conatser Construction TX, L.P 5327 Wichita Street Fort Worth, Texas 76119 TITLE: DATE: Contractor agrees to complete WORK for FINAL ACCEPTANCE within CONTRACT commences to run as provided in the General Conditions. Brock Huggins resident END OF SECTION 200 working days after the date when the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Fonn Version May 22, 2019 Nonhpointe West, Phase 2 00 42 43 SL DAP - BID PROPOSAL Page I oft SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item] Description I Specification Unit of I Bid Unit Price j Bid Value No I Section No. Measure J Quantity I UNIT V: STREET LIGHTING IMPROV -WENTS 1 2605.3015 2" CONDT PVC SC 80 (T) 26 0533 LF 3600 $15.00 $54,000.00 2 02 3441.30Rdwy Illum Assembly TY 8,11,D-25, and D- 34 41 20 EA 58 $3,000.00 $174,000.00 30 — _ _ _3 3441.3201 LED Lighting Fixture (50V1O _ _ _—. _-• _ _ 344120 _ _ _ EA — 58, $750.00 $43,500 00 4 3441.1633 Install Type 336. Arm _ _ 34 41 20 ,- EA, _, ._ 58,._ $500.00 5 3441.3361 Rdvry Ilium Foundation TY 1,2, and 4 34 41 20 EA 58 $1,200.00 $69,600.00 8 _ 9999.0020 3 - #6 Copper Wire 00 00 00 LF 3600 $4.00 $14,400.00 7 10 11 12 13 --- 14 17 18 19__. 23 — ---- 24— - — — 26 _— 31.v _. 34 —� 35 36 —38 -- 40 — 41 42 44 TOTAL UNIT V: STREET LIGHTING IMPROVEMENTS $384,500.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 Northpointe West Phase 2 UNIT PRICE BID Bidlist Item No. 00 42 43 SL DAP - BID PROPOSAL Page 2 of2 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Bidder's Application Project Item Information Description Specification Unit of Bid Section No. Measure Quantity Bid Summary UNIT I: WATER IMPROVEMENTS UNIT It: SANITARY SEWER IMPROVEMENTS UNIT III: DRAINAGE IMPROVEMENTS UNIT IV: PAVING IMPROVEMENTS UNIT V: STREET LIGHTING IMPROVEMENTS UNIT VI: TRAFFIC SIGNAL IMPROVEMENTS Total Construction Bid This Bid is submitted by the entity named below: Bidders Proposal Unit Price I Bid Value $384,500.00 $384,500.00 BIDDER: BY: Brock Huggins Coaats Construction TX, L.P. 5327 Wichita hita Street A Fort Worth, Texas 76119 TITLE: Preside�ta-mr� DATE: Contractor agrees to complete WORK for FINAL ACCEPTANCE within 40 working days after the date when the CONTRACT commences to run as provided in the General Conditions. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 Nonhpointe West Phase 2