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HomeMy WebLinkAboutContract 62253Received Date: Nov 7, 2024 Received Time: 8:27 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: Mapsco: CFA Number: FP-24-085 99D,100A, 86X, 86W, 24-0130 F W Club LP 4001 Maple Ave Ste 270 Dallas, TX 75201 214-901-2149 1 taylor@pmbinv.com K. Taylor Baird, Manager Maverick Phase 1 Water, Sewer, Paving, Drainage & Street Light Improvements South of Aledo Road, North of Benbrook Highway Plat Name: Council District Maverick City Project Number: 3 105664 1 IPRC24-0156 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Page 1 of 19 Standard Community Facilities Agreement Rev. 9/21 City Contract Number: 62253 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 FW Club LP ("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 Maverick Phase 1 ("Project"); and WHEREAS, the City desires to ensure that all developments are adequately served by public infrastructure and that the public infrastructure is constructed according to City standards; and WHEREAS, as a condition of approval of the Project, Developer is required to bear a portion of the costs of municipal infrastructure by constructing the public infrastructure necessary for the Project as described in this Agreement ("Community Facilities" or "Improvements"); and WHEREAS, as a condition of approval of the Project, Developer is required to meet the additional obligations contained in this Agreement, and Developer maybe required to make dedications of land, pay fees or construction costs, or meet other obligations that are not apart 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 inconsideration 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 19 Standard Community Facilities Agreement FT. WORTH, TX Rev. 9/21 connection with the workperformed 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 byreference 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: ❑X Exhibit A: Water 0 Exhibit B: Sewer ® Exhibit C: Paving ® Exhibit D: Storm Drain ® Exhibit E: Street Lights & Signs ❑ Exhibit F: Traffic Signal & Striping The Location Map and Cost Estimates are also attached hereto and incorporated herein by reference. To the extent that Exhibits A, B, C, D, E, F, 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 thelmprovements contemplatedby 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"). City of Fort Worth, Texas Page 3 of 19 Standard Community Facilities Agreement Rev. 9/21 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; Fitension 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 alien 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 19 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 19 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 THEDEVELOPER 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 ANYCHARACTER, WHETHERREAL ORASSERTED, BROUGHT FOR OR ONACCOUNT OFANYINJURIES OR DAMAGES SUSTAINED BYANYPERSONS, INCL UDING DEATH, OR TO ANY PROPERTY, RESULTING FROM OR IN CONNECTION WITH THE CONSTRUCTION, DESIGN, PERFORMANCE OR COMPLETION OF ANY WORK TO BE PERFORMED BY SAID DEVELOPER, ITS CONTRACTORS, SUBCONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, OR IN CONSEQUENCE OF ANY FAILURE TO PROPERLY SAFEGUARD THE WORK, OR ONACCOUNT OFANYACT, INTENTIONAL OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID DEVELOPER, ITS CONTRACTORS, SUB -CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, WHETHER OR NOT S UCH 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 IN ANY 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 CIA ORDINANCE, AND IN ACCORDANCE WITH ALL PLANS AND SPECIFICATIONS. City of Fort Worth, Texas Page 6 of 19 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 shallinc lode 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 watertesting 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: DEVELOPER: Development Contract Management Office K Taylor Baird City of Fort Worth, Texas Page 7 of 19 Standard Community Facilities Agreement Rev. 9/21 City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 With copies to: City Attorney's Office City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 and City Manager's Office City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 FW Club LP 4001 Maple Ave, Ste 270 Dallas, TX 75201 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 normalworking 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 City of Fort Worth, Texas Page 8 of 19 Standard Community Facilities Agreement Rev. 9/21 responsible for the acts and omissions of its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer acknowledges that the doctrine of respondeat superior shall not apply as between the City and its officers, representatives, agents, servants and employees, and Developer and its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Developer. It is further understood that the City shall in no way be considered a co -employer or a joint employer of Developer or any employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers of Developer. Neither Developer, nor any officers, agents, servants, employees or subcontractors of Developer shall be entitled to any employment benefits from the City. Developer shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. The City, through its authorized representatives and employees, shall have the sole and exclusive right to exercise jurisdiction and control over City employees. 19. Applicable Law; Venue This Agreement shall be construed under and in accordance with Texas law. Venue shall be in the state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 20. Non -Waiver The failure of the City to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely on any such term or right on any future occasion. 21. Governmental Powers and Immunities. It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities. 22. Headings The paragraph headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. 23. 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. City of Fort Worth, Texas Page 9 of 19 Standard Community Facilities Agreement Rev. 9/21 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 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 vaiae of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company wide 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. City of Fort Worth, Texas Page 10 of 19 Standard Community Facilities Agreement Rev. 9/21 28. Immigration and Nationality Act Developer shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Developer shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Developer shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Developer employee who is not legally eligible to perform such services. DEVELOPER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THE PARAGRAPH BY DEVELOPED DEVELOPER'SEMPLOYEES, SUBCONTRACTORS, AGENTS, ORLICENSEES. City, uponwritten notice to Developer, shall have the right to immediately terminate this Agreement for violations of this provision by Developer. 29. Amendment No amendment, modification, or alteration of the terms of this Agreement shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by the City and Developer. 30. Assignment and Successors Developer shall not assign or subcontract all or any part of its rights, privileges, or duties under this Agreement without the prior written consent of City. Any attempted assignment or subcontract without the City's prior written approval shall be void and constitute a breach of this Agreement. 31. No Third -Party Beneficiaries The provisions and conditions of this Agreement are solely for the benefit of the City and Developer, and any lawful assign or successor of Developer, and are not intended to create any rights, contractual or otherwise, to any other person or entity. 32. Compliance with Laws, Ordinances, Rules and Regulations Developer, its officers, agents, servants, employees, and contractors, shall abide by and comply with all laws, federal, state and local, including all ordinances, rules and regulations of City. It is agreed and understood that, if City calls to the attention of Developer any such violation on the part of Developer or any of its officers, agents, servants, employees, or subcontractors, then Developer shall immediately desist from and correct such violation. 33. Signature Authority City of Fort Worth, Texas Page 11 of 19 Standard Community Facilities Agreement Rev. 9/21 The person signing this Agreement on behalf of Developer warrants that he or she has the legal authority to execute this Agreement on behalf of the Developer, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The City is fully entitled to rely on this warranty and representation in entering into this Agreement. 34. Counterparts This Agreement may be executed in multiple counterparts, each of which will be deemed an original, but which together will constitute one instrument. 35. Entire Agreement This written instrument, together with any attachments, exhibits, and appendices, constitutes the entire understanding between the City and Developer concerning the work to be performed hereunder, and any prior or contemporaneous, oral or written agreement that purports to vary from the terms hereof shall be void. [REMAINDER OF PAGE INTENTIONALLY BLANK] City of Fort Worth, Texas Page 12 of 19 Standard Community Facilities Agreement Rev. 9/21 Project Name: Maverick Phase 1 CFA No.: 24-0130 Ite ms A. Water and Sewer Construction 1. Water Construction 2. Sewer Construction Water and Sewer Construction Total 36. Cost Summary Sheet City Project No.: 105664 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 $ 6,725,690.09 $ 6,033,136.65 $ 12,758,826.74 $ 1,687,315.50 $ 1,876,701.00 $ 168,280.00 $ 3,732,296.50 $ 16,491,123.24 $137,100.00 $35,035.00 $5,250.00 $ 177,385.00 IPRC No.: 24-0156 Choice Amount (Mark one $ 16,491,123.24 X $ 16,491,123.24 $ 15,948,533.43 $ 4,665,370.63 $ 20,613,904.05 City of Fort Worth, Texas Page 13 of 19 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 bA, u> RcreAluJa Dana Burghdoff (NoJ , 2024 A21 CST) Dana Burghdoff Assistant City Manager Date: Nov 4, 2024 Recommended by: -0w4�w Dwayne Hollars Contract Compliance Specialist Development Services Approved as to Form & Legality: Richard McCracken (Nov 4, 2024 21:24 CST) Richard A. McCracken Sr. Assistant City Attorney DEVELOPER FW Club LP a Texas limited partnership By: PMB DLC FW GP, LLC a Delaware limited liability company its General Partner Taylor Baird (Nov 1, 202413:01 CDT) K. Taylor Baird Manager Date: Nov 1, 2024 M&C No. N/A Contract Compliance Manager: Date: Nov 4, 2024 Form 1295: N/A 444aon By signing, I acknowledge that I am the person o°FORr�laa responsble for the monitoring and pro ° ° o��od administration of this contract, including ATTEST: pro sic ensuring all performance and reporting P� ,o o o * �° requirements. Paaa� neza5app� Jannette S. Goodall �^ City Secretary Rebecca Owen (Nov 4, 202416:29 CST) Rebecca Diane Owen Development Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Page 14 of 19 Standard Community Facilities Agreement Rev. 9/21 The following attachments are incorporated into this Agreement. To the extent a conflict exists between the main body of this Agreement and the following attachments, the language in the main body of this Agreement shall be controlling. Included Attachment ❑X Attachment 1 - Changes to Standard Community Facilities Agreement ❑X Attachment 2 — Phased CFA Provisions ❑ Attachment 3 — Concurrent CFA Provisions ® Location Map ® Exhibit A. Water Improvements ® Exhibit B: Sewer Improvements 0 Exhibit C: Paving Improvements 0 Exhibit D: Storm Drain Improvements 0 Exhibit E: Street Lights and Signs Improvements 0 Exhibit F: Traffic Signal and Striping Improvements 0 Cost Estimates (Remainder of Page Intentionally Left Blank) City of Fort Worth, Texas Page 15 of 19 Standard Community Facilities Agreement Rev. 9/21 ATTACIMENT "1" Changes to Standard Community Facilities Agreement City Project No. 105664 Negotiated changes contained within the body of the agreement. City of Fort Worth, Texas Page 16 of 19 Standard Community Facilities Agreement Rev. 9/21 ATTACHMENT "2" Phased CFA Provision City Project No. 105664 The water Improvements being constructed by Developer pursuant to this Agreement will rely upon either: (1) public water infrastructure Developer will be required to construct under a separate Community Facilities Agreement, the Kenwood & Longvue Offske Water Project, IPRC24-0008, City Project Number 105264 (the "Developer Water Infrastructure); or (2) the water infrastructure the City is constructing as a capital project: (a) Westside III 42-inch Water Transmission Main, City Project Number 12688, (b) Westside III 24-inch Water Transmission Main, City Project Number 102689, and (c) Markum Ranch pump station and 3/0-million-gallon ground storage tank, City Project Number 103010 (the "Capital Water Infrastructure),that have not been completed and accepted by the City. In addition, Developer will be required to construct the Maverick Benbrook Highway Connection (Signals) Project, IPRC24-0187, City Project Number 105731 ("Signals CFA") concurrently with, or after Developer constructs the paving Improvements in this Agreement. Therefore, this Agreement shall be considered a "Phased CFA" and the provisions contained in this section shall apply to this Agreement. The Developer Water Infrastructure, Capital Water Infrastructure and the Signals CFA shall be defined as the "Parent Projects." 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 Projects and the Child Project to properly connect to each other; changes to the design or construction of the improvements in the Parent Projects 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 Projects 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. City of Fort Worth, Texas Page 17 of 19 Standard Community Facilities Agreement Rev. 9/21 Developer agrees that because this Agreement is for improvements relating to the construction, renovation or modification of one or more single family residential homes or structures: (1) the City will not accept the Improvements being constructed pursuant to this Agreement or issue building permits in connection with the Project until either the Developer Water Infrastructure or the Capital Water Infrastructure is constructed and accepted by the City; and (2) the City will not accept the Improvements being constructed pursuant to this Agreement or issue building permits in connection with the Project until the Improvements in the Signals CFA are constructed and accepted by the City. Developer further understands and agrees that completion of the improvements under this Agreement does not entitle Developer to obtain a final plat of the property until all other requirements of Federal law, State law, or the City Code relating to the filing and recording of a final plat have been met by Developer. For the avoidance of doubt, if a development bond is provided as financial guarantee for the Improvements required by this Agreement, the Developer may record the final plat prior to the construction and acceptance of the Improvements, subject to terms and conditions of this Agreement. 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 ECONOMICDAMAGES PROPERTY LOSS, PROPERTY DAMAGES AND PERSONAL INJURY, (INCLUDING DEATH), OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED. DEVELOPER HEREBYEXPRESSLY RELEASES AND DISCHARGES CITY FROM ANY AND ALL LIABILITY FOR DAMAGES, INCLUDING, BUT NOT LIMITED TO ANYAND ALL ECONOMICDAMAGES, PROPERTYLOSS, PROPERTYDAIVIAGE AND PERSONAL INJURY (INCLUDING DEATH) ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION OF THE IMPROVEMENTS OR DEVELOPER'S DECISION TO CONSTRUCT A PHASED CFA. DEVELOPER, AT ITS SOLE COST AND EXPENSE, AGREES TO AND DOES HEREBY INDEMNIFY, DEFEND PROTECT, AND HOLD HARMLESS CITY, AND CITY'S OFFICERS, REPRESENTATIVES, AGENTS, EMPLOYEES, AND SERVANTS FOR, FROM AND AGAINST ANYAND ALL CLAIMS (WHETHER AT LAW OR INEQUITY), LIABILITIES, DAMAGES (INCLUDING ANY AND ALL ECONOMIC DAMAGES, PROPERTY LOSS, PROPERTY DAMAGES AND PERSONAL INJURIES INCLUDING DEATH), LOSSES, LIENS, CAUSES OFACTION, SUITS, JUDGMENTSAND EXPENSES (INCLUDING, BUT NOT LIMITED TO, COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION), OFANYNATURE, KIND OR DESCRIPTIONARISING OR ALLEGED TO ARISE BY OR IN ANY WAY RELATED TO CONSTRUCTION OF THE IMPROVEMENTS OR DEVELOPER'S CHOICE TO CONSTRUCTA PHASED CFA, OR (2) BY REASON OF ANY OTHER CLAIM WHATSOEVER OF ANY PERSON OR PARTY OCCASIONED OR ALLEGED TO BE OCCASIONED IN WHOLE OR IN PART BY THE CONSTRUCTIONS OF THE IMPROVEMENTS OR DEVELOPER'S CHOICE TO CONSTRUCT A PHASED CFA WHETHER OR NOT SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS, SERVANTS, OR EMPLOYEES. City of Fort Worth, Texas Page 18 of 19 Standard Community Facilities Agreement Rev. 9/21 DEVELOPER: Taylor Baird (Nov 1, 202413:01 CDT) Name: Title: City of Fort Worth, Texas Page 19 of 19 Standard Community Facilities Agreement Rev. 9/21 -- -- -- - ------ IV,ENTANA Pl_H' 3B H Y o O u 3 O W �VENT�" AN �A� � o ii PWO u - � U o � ENTANA 8h i P �5A VENTANA—� PH) 6� PROJECTPH VENTANA N LOCATION O � I O\i - 3 ` - a a a � I z r' I U U � 0 a � P '0000,— � o I g O OWNED/DEVELOPED BY: o FW CLUB LP i 4001 MAPLE AVENUE, SUITE 270 DALLAS, TEXAS 75219 x CONTACT: TAYLOR BAIRD F- z i Gi i WORTH W p1uT c� cV" vN Dutch F Park VICINITY MAP MAVERICK PHASE I CITY PROJECT NO. 105664 LJA Engineering, Inc. IA 6060 North Central Expressway Phone 469.621.0710 Suite 400 Dallas, Texas 75206 FRN - F-1386 LEGEND �x� EXISTINNN�INFRASTRU',CTUREy Y LIMITS OF PROJECT — — ��VENTANA PHASE 6A 22 0 00 �T k �CPN 1:03437 3 m 1� ULTIMATE FLOODPLAIN 1 PUBLIC INFRASTRUCTURE VET ANA PH VENTANA PH I, 0 m PROPOSED WATER LINE 6-2 7 '�+� 0 U- SCALE: 1 "=800' 0 EXISTING WATER LINE I 5 WHITESTONE GOLF COURSE ADDITION �- VENT\ANA 16" MA.2 CAB A, SLIDE 5082 Nb F, TURE- -- VENT-AN�� _ P-H8I I I� FUTURE %' 1 // 8" WL38 23 222 zo a„ MA31 MAVERICK - ---' (COD)2 5 2 'x 15 III 7 � /�"\\l i / \\\\\\ 2I 14 (III 1 ,2' 13 h q 12 57 \\\ 5655 \\\ 30 I 4 1, ID 58 64 53 \\ 31INC 3 I 10 52 32 It SJ BRYANT 59 51 /7 \ 9 `NI IRVIN 60 50 r I i P \\ / O � I ,00= / � 49 v1 34 p/ 5 , COMMERCIAL ii 01 0 61 35 N 7 ' DEVELOPMENT 102 ; 1 X MAVERICK .2WI\ 2 48 ; LP O !/ 103 63 3 2 I /I 47 11 I 6 , 45 O , PH _ 104 � "' 1 64 4 / 105 BS 5 I 45 N 1 1 106 / 99 66 �/ 1 I \� 'X THRESHOLD Y \1 I 107 I 98 6 4/ ' I ix � \\ I / \ 97 67 1, 7 I,•//43 " A it DEVELOPMENT a v w 108 wv 96 a �II� .'1 , 2 , FORT WORTH CO & N I I 109 11 \\ 95 69 1 1 36 / 3 ISD 5 ACCESS 4 110 1 'I I 70 g \ 41 / / 39 38 94 40 ^�_:_ _ ' EASEMENT o in `\ \ iu \I 93 72' o \ i i ii O AGREEMENT 01/ iX �92 11113/ 9 73 I 12 13 00I ,III m 1/ ' II 1 114 9 / 74� ,X \\ 115 / 1x 75 \ \% II\\x II 116 /� ss 76 1z�`—' jl as 117\�}6 87 W 119 '\ 6 FW CLUB 85 \\ / 3 I 1201 8 80 L 79 78 77 / 1 P k/ 82 I X 7fl \ m 8 II �\ 8 i ; 8�g CREEK/pp,. �-k s" wuo / II /iO 1x ,qY 12" Yam r FUTURE /4 5 a MAVERICK 12 ° ;x ,r� MA3C PH-2 = a 13 WATER _ _ FW CLUB ' o------� %, LP ' / ,r� ,III► EXHIBIT 'A' BELLA (FLORA PH-9 BELLA� FLORA / ���'� MAVERICK 5=PH10 PHASE 1 / CITY PROJECT NO.105664 OWNED/DEVELOPED BY: go FW CLUB LP LA TEXAS 75219 p Y enExpressway LJA Engineering, Inc. 4001 MAPLE AVENUE, SUITE 270 6060 North Central Ex Phone 469.621.0710 I DAL X CONTACT: TAYLOR BAIRD Suite 400 ,ri Dallas, Texas 75206 FRN - F-1386 LEGEND \� LIMITS OF PROJECT — — ULTIMATE FLOODPLAIN 0 PUBLIC INFRASTRUCTURE PROPOSED SAN SEWER FLOW DIRECTION EXISTING SAN SEWER / ry EXISTINGQRA H Y / 3m N / w Ili O m VENTANA PH 0 SCALE: 1 "=800' 0 7 u ,I lu 0 WHITESTONE GOLF \ COURSE ADDITION "I CAB A, SLIDE 5082 219 0' FUTURE 4 m 2a 23 2221 MAVERICK O 25 Y 8" UK 9 g 17 �� i6 Ili V A A 11 I I� ago 287 n 113 III 1 8•' UNE D1 �I y w 9�� 29 i vI 12 30 4 11 b 55 31 5352 32 :10 SJ BRYANT 59 9 d �� IRVIN r \ // I 1 50 `\\ 33 60 I d �I 48 34 8 dd j COMMERCIAL o �, 11 2 48 11 11 3s 7 td DEVELOPMENT C I / 1032 /L A MAVERICK 63 \I 3 'x �I JI m47 III 1 6 dd III LP 2 d O > PH 1 46 S3 d I/ 1105 /' 99 45 II II 1 dd III \ \\ 66 6 44 I 1a g Q \I 107 1 98 \\ ` , I 1x 1,111 1X THRESHOLD 97 " 7 43 DEVELOPMENT 12 \\`\ 108 \ 96 `�\ 68 \ 8 1 42 11 1 3 2 1 FORT WORTH ,.CO & \ 109 f\ 95 1 \\ 69 Ci �I \ 41 / 36 37 38 / 5 4 ISD ACCESS N/ I 110 I\� gq % 70 '� �� i84 :i h ix O EASEMENT 1U 93 am�r 10 AGREEMENT N ix 92 II �I\ ti 3 \ 12 13 10I I II \—\ I II 1 114 11 74 / 1x /� \ 90 \ O II I\ \1x II 's5 //,l �/ 89 /� 6 1X 5- ,x��\�\. /,moo II 88 '/ "� 118 87 Ld \ll 1190 1 86 % X 120 I 85 78 77 8" VNE C2 82 81 8079 I I I \ 83 —__ / FW CLUB , Q II 84 i 1X 7 LP I � / " 8�g , q a" urelma CREEK A R 1 x ', i `• I' , FUTURE " MAVERICK 12 %„ = 'x 15 ---PH=2 --- SEWER FW CLUB LP EXHIBIT'B' BELLA (FLO/RA PH-9 BELPH FLORA MAVERICK PHASE 1 CITY PROJECT NO.105664 OWNED/DEVELOPED BY: FW CLUB LP ZAA LJA Engineering, Inc. g MAPLE AVENUE, SUITE 270 DAL enExpressway LAS, TEXAS 75219 p Y 6060 North Central Ex Phone 469.621.0710 I DAL X CONTACT: TAYLOR BAIRD Suite 400 i Dallas, Texas 75206 FRN - F-1386 1ri LEGEND LIMITS OF PROJECT — ULTIMATE FLOODPLAIN EIIIIIIIIIIIIIIIIII PUBLIC INFRASTRUCTURE PROPOSED 2-23' B-B I ROADWAY/110' ROW PRIVATE INFRASTRUCTURE PROPOSED SIDEWALK vz „ „ 4 (BY DEVELOPER) PROPOSED ADA RAMPS (BY DEVELOPER) 0 /j/ \ n FUTURE MAVERICK PH 2, 1 VENTANA PH 7 L=- r O _— I 57 \1\ 56 55 \ \\ 52 \ 1 51 \\\ l IJ 60 I 1 \\ 50 \\ O 1 I 100 / � 49 11 / 101 48 I I 1102 / 1x MAVERICK 63 23 1x 47 �11 O PH 12 C _ / 104 Y 105 1 1 106 99 Q � I 98 107 II I() \ I 108\\ \ 97 \ \ 96 109 11f\ 95� III \II 9944 N 1(n \\\ 111 II 93 92 113'�/ 91 114 90 V ix 89 117 lily as I J 87 Z \\ 86 Q11 119 II 85 I 120 I II 1\1 U I I II \\ 0101 II \\Sx 1P / ;Qt CREEK p ix FUTURE MAVERICK '�° 12 �---PH-2 ---- ,x a 00 — -- — -- LO11 i�i,J U BELLA (FLORA PH-9 E Z g I 0 I" OWNED/DEVELOPED BY: o FW CLUB LP i 0 z 4001 MAPLE AVENUE, SUITE 270 g DALLAS, TEXAS 75219 x CONTACT. TAYLOR BAIRD F- Z i ,ri FW CLUB LP FW CLUB LP - NOT E m 0 m 0 0 U U N SCALE: 1 "=800' WHITESTONE GOLF COURSE ADDITION CAB A, SLIDE 5082 l i I LP O " THRESHOLD 2 ISD {i FORT WORTH DEVELOPMENT , CO & a 3 di ACCESS L EASEMENT x O l AGREEMENT I � � III II III I III I I III II XISTINQjADA RAMP INFRASTRUCTURE )6K�'ROAD CONNECTION CONSTRUCTED BY SEPARATE CONTRACT) PAVING EXHIBIT'C' P � I o°�` / MAVERICK � PHASE 1 CITY PROJECT NO.105664 LJA Engineering, Inc. `A 6060 North Central Expressway Phone 469.621.0710 Suite 400 Dallas, Texas 75206 FRN - F-1386 LEGEND LIMITS OF PROJECT — — ULTIMATE FLOODPLAIN PUBLIC INFRASTRUCTURL PROPOSED STORM MAIN PROPOSED 10' INLET r STORM MAIN HEADWALL • PRIVATE INFRASTRUCTURE III I lull VENTANA PH 7 Ill II UI ul I III I \ iill \ ,lu PROPOSED STORM MAIN - / ts' ' I, - }� TUTURE� =y VENTANA / / 1J \ r / FUTURE MAVERICK - ,--' 0 N2� PH 2 ;I - - �F-----idwwp /ter\\ l-- 27 Jr 28 �-Sbo 29 57 \\ ss 65 30 54 53 \\\ 37 58 \ 52 1 \ 1 32 33 O/ 1 100 /� 1 \\ 49 1 34 / /ix �\\ 48 II 35 MAVERICK62 3 47 2 1043%/ PH 1 684 II 4 I 46 I '> / 1� 105 65 \\ 5 I a5 II 106 6 II 44 I 1 l II 98 \ III I 1X d107 �I\ 97 67 '�\ 7 I 1 43 II \ 108AA , ,� v �\ V s6 , 68 42 I 1 1 109 1 \ 69 I \\ I 1 6 95 I 37 110 I1\\ 70 9 \\39 111 I \\\40 N /j 10 II 93 72 a\ % /// {a 112 111X I11 92 I 73 ,\ 11 �O 113 / 91 \\ ,2 13 I . . 1 114 h 9// 74 ,x, \\ 'O \II I\\XO • 11�115 1167/ 890 76 \� y��\\) / 117 I, a D/ 87 8 66 � ' �� FW CLUB 120 1II 85 7! ' t 82 8, 78 80 79 / LP i 83 — 61X CREEK/f 5 ix - R/ r FUTURE Al MAVERICK '�° 12 13 - rr' SD,o JXJXJXJX JX i' PH-2"— 4 ,a" lAT ,OBI FW CLUB ,oe2 - M' So,o = / LP U I 24" SDI 0 BELLA FLORA PH-9 BELLAI FLORA Z I HI-0 g �O OWNED/DEVELOPED BY: o FW CLUB LP 0 0 m w 0 m }LL- ~ U U WHITESI-ONE GOLF COURSE ADDITION CAB A, SLIDE 5082 / ill , I III I I r t ll 20191 III 17 16 12 11 lu 15 III II '/ II II 11 SJ BRYANT l I IRVIN a COMMERCIAL 7 ill DEVELOPMENT l I l LP 0 -� 1X THRESHOLD 1 {i FORT WORTH" CO &OPMENT 5 4 3 ill ISD ACCESS ' 1X EASEMENT AGREEMENT 111 Il III l III II III II STORM DRAINAGE EXHIBIT U MAVERICK PHASE 1 CITY PROJECT NO.105664 LJA Engineering, Inc. g 4001 MAPLE AVENUE, SUITE 270 6060 North Central Expressway DALLAS, TEXAS 75219 p Y X CONTACT: TAYLOR BAIRD Suite 400 i Dallas, Texas 75206 Uri ZAA Phone 469.621.0710 FRN - F-1386 LEGEND LIMITS OF PROJECT ULTIMATE FLOODPLAIN PUBLIC INFRASTRUCTURE NAME SIGN & STREET PROPOSED STREFET LIGHT (DOUBLE COBRA — � I FUTURE MAVERICK PH 2 13 1 '\l VENTAN.JPH, \6�2 +M+IIt LL% FUTURE 9VItNTANA / mp� PH 8 1 1 1 1 ,;;' III I lull VENTANA PH 7 Ill II l UI ul I Hill 11 w O25 ';I �1171J _1X -- _, _ { /1 II i -_____------ 26 28 r 221 57 \\\\ \ \�� 30 56 55 \ \\ 31 58 54 53 \\ 52 \ 1 32 60 II/ 1 \\\ 50 \\\ 33 100 // / , \\ 49 I I 34 s1 1 x RICK 2 ,x \lit MAVE48 35 3 2 III 47 I I O PH 1�!.� II! 46 pH-2/ \\ 1x- / — BELLA (FLORA PH-9 OWNED/DEVELOPED BY: FW CLUB LP 4001 MAPLE AVENUE, SUITE 270 DALLAS, TEXAS 75219 CONTACT. TAYLOR BAIRD 67 \ 7 I 6 69II / 94 ' 70 + / 9� 71 0 72 92 11 3 91 0 74 5 \� ix _—\p\�1: 76 \\\. �i q 9 78 _ / , 82 81 80 � 83 84 7 / / i 1X� ' 8�/' fEEK/`gRln,. 1X I 4/ �I I /44 I ix 43 1 1 42 1 1 FW CLUB LP 0 0 m 0 m 0 }0 ~ U U N SCALE: 1 "=800' WHITESTONE GOLF COURSE ADDITION CAB A, SLIDE 5082 I lil , I III III III I III 1 IIII 2019 17161 5143 12 11 10 1 JiIilItII lI1 .I 9 SJ BRYANT IRVIN 6 III COMMERCIAL 7 III DEVELOPMENT 1l I LP Ill 0 1 vj x THRESHOLD / , 11 FORT WORTH ,DCO &OPMENT 5 4 3 Ill ISD ACCESS ' ,x EASEMENT AGREEMENT Ill II Ill I 111 I I 111 I1 I r/� 11 Xi STREET NAME SIGNS & STREET FW CLUB "'� '' LIGHT IMPROVEMENTS LP EXHIBIT'E' �PH OOM ��G` MAVERICK PHASE 1 CITY PROJECT NO.105664 LJA Engineering, Inc. ZAA 6060 North Central Expressway Phone 469.621.0710 Suite 400 Dallas, Texas 75206 FRN - F-1386 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM - Maverick, Phase 1 UNIT PRICE BID Bidlist Item No. Project Item Information Description Specification Unit of Section No. Measure 00 42 43 DAP - BID PROPOSAL Pagel of 6 Bidder's Application Bidder's Proposal Bid Unit Price I Bid Value Quantity UNIT I: WATER IMPROVEMENTS 1 3305.0109 Trench Safety 133 05 10 LF 32,538 _ $1.45 $47,180.10 2 3311.0261 8" PVC Water Pipe 3311 12 LF 17,038 $56.00 $954,128.00 3 3311.0251 8" DIP Water ~ 3311 10 LF _ 60 $66.00 $3,960.00 4 33_11.0461 12" PVC Water Pipe 3311 12 LF 4,566 $112.00 $511,392.00 5 3311.0451 12" DIP Water 3_311 10 LF 252 _ _$142.00 $35,784.00 6 3311.0541 16" PVC Water Pipe 3311 10,33 LF 1112 2,646 $162.00 $428,652.00 7 ____ 3311.0551 16" DIP Water 3311 10 LF 680 $222.00 $150,960.00 3311.0641 24" PVC Water Pipe 3311 10,33 LF 5,697 8 11 12,3311 13,3311 14 $242.00 $1,378,674.00 9 ^ 3311.0651 24" DIP Water 3311 10 LF 212 $282.00 $59,784.00 10 _ 3312.0001 Fire Hydrant (Assembly) _ 33 12 40 EA 32 $7,281.25 $233,000.00 _ 11 3312.2003 1" Water Service _ 33 12 10 EA 148 $1,315.20 $194,649.60 12 _ 3312.3003 8" Gate Valve 33 12 20 EA 53 $2,500.00 $132,500.00 _ 13 3312.3005 12" Gate Valve 331220 EA 15 $4,500.00 $67,500.00 14 _ 3312.3006 16" Gate Valve & Vault _ 33 12 20 EA 2 $28,500.00 $57,000.00 15 3312.3008 24" Gate Valve & Vault 33 12 20 EA 9 $74,166.67 $667,500.03 16 3311.0001 Ductile Iron Water Fittings w/ Restraint 3311 11 TON 28 $13,630.114 $381,643.92 17 3312.6002 6" Blow Off Valve 33 12 60 EA 1 $14,500.00 $14,500.00 18 3312.6003 8" Blow Off Valve _ 331260 EA 1 _ $18,500.00 $18,500.00 3312.1002 2" Combination Air Valve Assembly for 33 12 30 EA 19 Water 2 $13,500.00 $27,000.00 _ _ _ _ 3312.1004 4" Combination Air Valve Assembly for 341230 EA 20 Water 1 $30,500.00 $30,500.00 21 3305.0003_ 8" Water Lowering 33 05 12 EA 36 $5,500.00 $198,000.00 _ 22 3305.1003 20" Casing By Open Cut 33 05 22 LF 588 $320.00 $188,160.00 23 3305.1004 24" Casing By Open Cut 3405 22 LF 528 $380.00 _ $200,640.00 24 3305.1007 42" Casing By Open Cut 35 05 22 _ LF 505 $720.00 _$363,600.00 25_ 3312.0108_Connection to Existing 24" Water Main _ 331225 EA! 1 $9,500.00 $9,500.00 _ 26 3311.0452 12" DIP Water, CSS Backfill - -_ 3311 10 LF 427 $162.00 $69,174.00 27_ 3311.0442 12" Water Pipe, CSS Backfill 3311 10,33 LF 40_ $132.00 $5,280.00 _ 28 3311.0662 24" DIP Water, CSS Backfill 3311 10 LF 520 $312.00 $162,240.00 29 3137.0101 Concrete Riprap 31 37 00 SY 1,041 $82.00 ___$85,362.00 30 3305.0110 Utility Markers 33 05 26 LS 1 $2,500.00 $2,500.00 31 9999.0001 Erosion Control Matting_ 00 00 00 _SY_ 127 $12.00 $1,524.00 32 9999.0002 Water Testing (Excluding Geotech) _ 00 00 00 LF 32,538 _ $1.38-�$44,902 44 33 �34 _ 35 _ 36 _ �37 38 .39 i - 40 TOTA - UNIT I: WATER IMPROVEMENTS $6,725,690.09 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version September 1, 2015 20241024 Maverick Phase 1 Bid Proposal DAP (Blended Unit Prices).As SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM - Maverick, Phase 1 UNIT PRICE BID Bidlist Item) No, Project Item Information Description 00 42 43 DAP-BIDPROPOSAL Page 2 of6 Bidder's Application Bidder's Proposal Specification 1 Unit of I Bid Section No. I Measure Quantity Unit Price Bid Value UNIT II: SANITARY SEWER IMPROV MENTS 1 3301.0002 Post -CCTV Inspection 3301 31 i LF -21,700 $4.43 _$96,131.00 2 3301.0101 Manhole Vacuum Testing 3301 30 EA_ 143 $240.28 _$34,360.04 3 J4� 3305.0109 Trench Safety 33 05 10 LF__ - 21,700 $4.00 $86,800.00 3305.0113 Trench Water Stops 33 05 15 EA_ 57 $337.72 $19,250.04 5 3331.3101 4" Sewer Service 3331 50 EA 133 $950.00 $126,350.00 6 3331.4115 8" Sewer Pipe (SDR-26, ASTM 1)3_034) 33 11 10, 33 LF 16,343 $104.00 _ $1,699,672.00 3331.4119 8" DIP Sewer Pipe 3311 10 LF 87 $144.00 $12,528.00 7 3331.4208 12" PVC Sewer Pipe SDR-26 3311 10,3331 LF 894 $276.00 $246,744.00 8 12,333120 9 3331.421515" PVC Sewer Pipe SDR-26 33 11 10, 33 LF� 984 $326.00 $320,784.00 10 3331.4324 24" Fiberglass Reinforced Sewer Pipe 3331 13 LF 499 $376.00 $187,624.00 11 3331.4408 30" Fiberglass Reinforced Sewer Pipe 3331 13 LF 1,343 $426.00 3305.1003 20" Casing By Open Cut 33 05 24 LF 25 $320.00 _�$572,118.00 $8,000.00 12 3305.1004 24" Casing By Open Cut 33 05 22 LF 429 $420.00 $180,180.00 13 14 3305.1006 36" Casing_�6 Open but. 34 05 22 226. $620.00 $140,120.00 15 3305.1008 48" Casing By Open Cut 35 05 22 _LF LF 30 $820.00 _ $24,600.00 16� 3331.4116 _ 8" Sewer Pipe, CSS Backfill 3311 10,33 _ LF 631 $124.00 $78,244.00 3331.4216 15" Sewer Pipe, CSS Backfill 3311 10.33 LF 20 $346.00 $6,920.00 17 31 12,3331 3331.4230 _ 18" DIP Sewer, CSS Backfill 3311 10 _ �LF 141 $456.00 $64,296.00 18 3331.4325 24" Fiberglass Sewer Pipe, CSS Backfill 3331 13 LF 20 $416.00 $8,320.00 19 20 3331.4409 30" Fiberglass Sewer Pipe, CSS Backfill 33 31 13 LF_ 20 $466.00 . $9,320.00 21 3339.1001 4' Manhole_ 33 39 10, 33_ _EA 123 $6,921.60 �$8,850.00 $851,356.80 22 3339.1002 4' Drop Manhole 33 39 10, 33 _ EA 13 $115,050.00 3920 3339.1101 5' Manhole 33 39 10, 33- EA 7 $10,000.00 $70,000.00 23 3920 24 3305.0112 ____ __ Concrete Collar for Manhole 33 05 17 - EA - _- 143 $658.33 _ $94 141.19 ---- 25 .-__....._..:._..... 6241.2201 - �_ _ Remove 4' Sewer Manhole ---_..._4 02 41 14 EA 1 $3,500.00. $3,500.00 26 3339.1003 4' Extra Depth Manhole 33 39 10, 33! VF - 703 $255.17 ,_$179 486.58 - 27� 3339.1103 5' Extra Depth Manhole_ 33 39 10, 33 - 84 $325.00 _ $27,300.00 �_ 28 3339.6001 Epoxy Manhole Liner 33 39 60 __VF _ VF 907 $485.00 _ $439,895.00 29 3137.0101 Concrete Riprap 31 3700 SY- _ 252 $82.00. _$20,664.00 30 9999.0003 15" DIP Sewer Pie 00 00 00 LF ^ 246 $396.00 _ $97,416.00 31 9999.0004 15" Epoxy Coated Ductile Iron Sewer Pipe 00 00 00 - _ LF 246 $396.00 _!$97,416.00 32 9999.0005 18" Epoxy Coated Ductile Iron Sewer Pipe 00 00 00 LF _ 226 _ _,.$425.00 _ _ $96,050.90 _ 33 9999.0006 WAGER 3000 Manhole Scrubber 00 00 00 EA 1 $18,500.00 $18,500.00 34 -.35- - - TOTAL UNIT II: SANITARY SEWER IMPROVEMENTS $6,033,136.65 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version September 1, 2015 20241024 Maverick Phase 1 Bid Proposal -DAP (Blended Unit Prices).xls 00 42 43 DAP - RID PROPOSAL Page 3 of 6 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM - Maverick, Phase 1 UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item) Description I Specification Specification I Unit of Bid I Unit Price Bid Value No. No. Measure Quantity II UNIT III: DRAINAGE IMPROVEMENTS 1 3305.0109 Trench Safety 33 05 10 LF 6,569 $2.00 $13,138.00 Post -CCTV Inspection 33 01 31 -.LF _ 6_,569 $2.00 $13,138.00 3 __02 3341.0103 18"RC_P, C_ lass III 3341 10 LF 64 $65.00 $4,160.00 4 3"3 .0201 21" RCP, Class III 3341 10 LF 89 $75.00 $6,675.00. 5 3341.0205 24" RCP, Class III 33 41 10 =LF - 517 $85.,00_ _ $43,94-5A0 6 3341.0208 27" RCP, Class III 33 41 10 LF 27 $105.00 $2,835.00 7 3341.0309 36" RCP, Class III 33 41 10 574 $160,00 $91,840�00 -8 3341.0402 42" RCP, Class 111 3341 10 _LF _LF 1,271 $_200.00 - $254,200.00 9� 3341.0409 48" RCP, Class III 34 41 10 LF 2,598 $235.00 $610,530.00 10 3341.0602 60" RCP, Class 111 3541 10 LF 1,209 $310.00 $374,790.00 11 3341.1302 6x3 Box Culvert 3341 10 LF_ 2.20 T2 $450.00 $991000.00 _ �12 _ 3349.0001 4' Storm Junction Box 33 49 10 _ EA _ $5,500.00 $11,000.00 13 3349.0002 5' Storm Junction Box 33 49 10 EA 8 - $11 t500.00, $922000.00 14 3349.0003 6' Storm Junction -Box 33 49 10 EA 7 $19,500.00 $136,500.00 15 3349.0105 5-Sided Manhole _ 33 49 10 y EA _ _ 1 $14,500A0 $14,500.00 16- 3349.6001 10' Recessed Inlet 33 49 20 EA 2 $5,000.00 $10,000.00 17_ - 9.6002 _ .._ Rece Inlet -334920_ 3349.6002 15' ssed Inlet EA 2 $6,000.00. _ $12,000.00 18 - - 9999 0007 12" Rock Riprap 00 00 00 SY 296.. $125.00 . $37,000.00 19- - 9999 0008 48" 4:1-Sloped E_nd Headwall_ _ 00 00 00 E_A_ �EA 2 $8,500.00, _ $17,000.00 �20 9999.0009 60" 4:1 Sloped End Headwall 00 00 00 1 $12,500.00 __$12,500.00 21 9999*.0010 6'x3' PW-1 4:1 Sloped End Wingwall 00 00 00 EA 1 $19.950.00 $19.950.00 22 _. .. - 29 - 24 25 - -27-- - -2s 28- , 30 31 - -_ 32- 33 - 3_4 _ 35 _ 36' _-37 - 38 _ 39 40 41 -! 42 - 43 _ 44 45 TOTAL UNIT III: DRAINAGE IMPROVEMENTS $1,876,701.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version September 1, 2015 20241024 Maverick Pbase l Bid Proposal -DAP (Blended Unit Pdces).xls 00 42 43 DAP - BID PROPOSAL Page 4 of 6 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM - Maverick, Phase 1 UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Description I I Specification Unit of Bid Unit Price Bid Value No. Section No. Measure Quantity UNIT IV: PAVING IMPROVEMENTS 1 3211.0400 Hydrated Lime (36#/SY) 3211 29 _ TN _ , 232 $275.00 _ $63,800.00 '2 3211.0502 8" Lime Treatment (36#/SY) 3211 29 SY 12,860 $5.00 $64,300.00 3 3213.0105 10" Conc Pvmt 32 13 13 SY 12,040 $108.00 _ $1,300,320.00 4 3213.0506 Barrier Free Ramp, Type P-1 32 13 20 EA 4 _�.$2,400.00 $9,600.00 5 329001.01Topsoil 329119 �CY _786 $28.000 _$22,008.00 6 3292.0400 Seeding, Hydromulch 32 92 13 SY . $2.00 _r $14,140.00 _ _ 3441.4003 Furnish/Install Alum Sign Ground Mount City �7�070 : _ _....._._ 7 Std. - Stop w/ Street Name Blades (R1-1) 3441 30 EA - - -- 1 _. $1,000.00 -_ _ ....._ ....._. $1,000.00 _ ... 3441.4003 Furnish/Install Alum Sign Ground Mount City 8 Std. - Speed Limit (R2-1) 34 41....30 EA 3 $500.00 $1,500.00 3441.4003 Furnish/Install Alum Sign Ground Mount City 9 Std. - Left Turn Only (R3-5L) 3441 30 , EA ^ .2 . ,$500.00 $1,000.00 _ __ _ _ __ _,ni _T � 3441.4003 Furnish/Install Alum Sign Ground Mount City 10 Std. - Stop Here For Pedestrians (R1-5b) 34 41.30 EA 1 _ $500.00 $500.00 3441.4003 Furnish/Install Alum Sign Ground Mount City 11 Std. - Left, Left, Right Only (R3-8LLR) _ - 34 41.30 EA _ 4 $500.00 $2,000.00 3441.46037urnish/Install Alum Sign Ground Mount City 12 Std. - Right Lane Must Turn Right (R3-7R) 34 41.30 EA _ 2 . $500.00 $1,000.00 9999.0011 4" Conc Sidewalk 13 00 00 00 SF _36,690 $4.25 _ $155,932.50 9999.0012 Construct 24' Pvmt Header 14 00 00 00 EA 1 $720.00, $720.00 99 99.0013 Construct 61' Pvmt Header _ _- 15 0, 000 00 _ EA _ 1 _ $1,83Q.00 $1,830.00. 9999.0014 Pedestrian Hand Rail 16 000000 -LF 100 $140.00 __$14,000.00 9999.0015 Install FOR Barricade 17 00 00 EA 2 $800.00 $1,600.00 9999.0016 4" (White) Dashed Stripe w/ Raised v _ _ _ _ _ 18 Pavement Markers 00 00 00 ._3,579 $3.00, _ $10,737 00 9999.0017 8" (White) Solid Stripe w/ Raised Pavement -LF _ 19 Markers _ _ _ _- 000000 - LF _ 657 $4.00 20_ 66 9A018 Lane Legend (Arrow) -- -_ 00 0000� -_ EA _ 11 _ _ $500.00 $5,_5�00,00 - 21 9999 0019 Lane Legend (Only)_- 00 00 00 _ EA� 11 $500.00 _ $5,500.00 _ 999.0020 12" (White) 3'-9' Dotted Lane Drop Line 00 00 00 _ LF_ _ 344 $10.00 ._ .. $3,440.00 __- - 9999.0021 6" (White) Solid Stripe wl 23 - 18" (White) Solid Stripes 000000 SF _1,065 , $4.00 $4,260.00 24 -25- - -- --26- - -278 - 2� - 2- 30 TOTAL JNIT IV: PAVING IMPROVEMENTS. $1,687,315.50 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version September 1, 2015 20241024 Maverick Phase I Bid Proposal DAP (Blended Unit Prices).xls 00 42 43 DAP-BIDPROPOSAL Page 5 of 6 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM - Maverick, Phase 1 UNIT PRICE BID Bidder's Application Project item Information Bidder's Proposal Bidlist Item Description I I Specification Unit of Bid Unit Price Bid Value No. J Section No. Measure Quantity UNIT V: STREET LIGHTING IMPROV -- IMENTS 1 2605.0111 Furnish/Install Elec Sery Pedestal 26 05 00 EA 1 $10,500.00 $10,500.00 QQ __- _ 2 ...__-__.._._. __._._.. ...._........_._ _.......___ __-- 2605.3015 2" Condt PVC SCH 80 (T) _ -_.._.....__— 26 05 33 _ LF� _ — 2,992 -.-_ —___ $15.00 _�_.._.. _ $44,880.00 3 3441.3302 Rdwy Ilium Foundation TY 3,5,6, and 8 3441 20 _ EA _ _16 _ $1,80000 :$ 88,800—.00' 4 3441.3342 Rdwy Ilium TY 18 Pole 34 41 20 EA 16 $3,400A0 $54 400.00 5_ 3441.1632 Install Type 33A Arm 34 41 20 _ _ EA 22 $600 00 _ _ 6 _ _ _ 9999.0022 Type R2 Luminaire _ 00 00 00 _ EAs 22 — _ $750 00 _$13,200.00 i$16,500.00 — $ 9 10 11 —12 — 13 — �14 15 _ 16 17 18 —i — —20 - - Z_3 24 25 26 27 28 29 30 31 33 34_ 35 _ 36 _ 37 38 3g- 40 41 i 42 -� 43� 44 45 TOTAL UNIT V: STREET LIGHTING IMPROVEMENTS $168,280.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version September 1, 2015 20241024 Maverick Phase 1 Bid Proposal DAP (Blended Unit Prices).xls 00 42 43 DAP -BID PROPOSAL Page 6 of 6 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM - Maverick, Phase 1 UNIT PRICE BID Bidder's Application Project Item Information Bidlist Item I I Description Specification I Unit of I Bid No. Section No. Measure Quantity Bid Summary UNIT I: WATER IMPROVEMENTS UNIT II: SANITARY SEWER IMPROVEMENTS UNIT III: DRAINAGE IMPROVEMENTS UNIT IV: PAVING IMPROVEMENTS UNIT V: STREET LIGHTING IMPROVEMENTS UNIT VI: TRAFFIC SIGNAL IMPROVEMENTS This Bid is submitted by the entity named below: BIDDER: Conatser Construction TX, L.P. 5327 Wichita Street Fort Worth, TX 76119 Contractor agrees to complete WORK for FINAL ACCEPTANCE within CONTRACT commences to run as provided in the General Conditions. Total Construction Bid BY: BROCK HUGGINS TITLE: PRESIDENT DATE: 10/28/2024 END OF SECTION Bidder's Proposal Unit Price I Bid Value $6,725,690.09 $6,033,136.65 $1,876,701.00 $1,687,315.50 $168,280.00 N/A $16,491,123.24 260 working days after the date when the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Foam Version September 1, 2015 20241024 Maverick Phase l Bid Proposal DAP (Blended Unit Prices).xls