HomeMy WebLinkAboutContract 62461Received Date: Dec 18, 2024
Received Time: 9:25 a.m.
Developer and Project Information Cover Sheet:
Developer Company Name: Pulte Homes of Texas L.P.
Address, State, Zip Code: 9111 Cypress Waters Boulevard Suite 100 Coppell, Texas
75019
Phone & Email:
Authorized Signatory, Title
Project Name:
Brief Description:
Project Location:
Plat Case Number:
Mapsco: 120K,L&P
CFA Number: 24-0074
972-304-2800 1 marc.zett@pultegroup.com
Marc Zett. Vice President of Land Development
Parks of Village Creek Phase 1
Water, Sewer, Paving, Storm Drain, Streetlights & Signs
SW Corner of Highway 1187 and Redbird Lane
Plat Name:
Council District:
City Project Number:
V
105369 1 IPRC24-0119
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: 62461
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 Pulte Homes of Texas L.P.
("Developer"), acting by and through its duly authorized representative. City and Developer are referred to
herein individually as a "party" and collectively as the "parties."
WHEREAS, Developer is constructing private improvements or subdividing land within the
corporate limits of Fort Worth, Texas or its extraterritorial jurisdiction, for a project known as Parks of
Village Creek Phase 1 ("Project"); and
WHEREAS, the City desires to ensure that all developments are adequately served by public
infrastructure and that the public infrastructure is constructed according to City standards; and
WHEREAS, as a condition of approval of the Project, Developer is required to bear a portion of
the costs of municipal infrastructure by constructing the public infrastructure necessary for the Project as
described in this Agreement ("Community Facilities" or "Improvements"); and
WHEREAS, as a condition of approval of the Project, Developer is required to meet the additional
obligations contained in this Agreement, and Developer may be required to make dedications of land, pay
fees or construction costs, or meet other obligations that are not a part of this Agreement; and
WHEREAS, the City is not participating in the cost of the Improvements or Project; and
WHEREAS, the Developer and the City desire to enter into this Agreement in connection with
the collective Improvements for the Project;
NOW, THEREFORE, for and in consideration of the covenants and conditions contained herein,
the City and the Developer do hereby agree as follows:
1.
CFA Ordinance
The Community Facilities Agreements Ordinance ("CFA Ordinance"), as amended, is incorporated
into this Agreement by reference, as if it was fully set out herein. Developer agrees to comply with all
provisions of the CFA Ordinance in the performance of Developer's duties and obligations pursuant to this
Agreement and to cause all contractors hired by Developer to comply with the CFA Ordinance in
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:
❑X Exhibit A: Water
❑X Exhibit A-1: Sewer
❑X Exhibit B: Paving
❑X Exhibit B-1: Storm Drain
® Exhibit C-1: Street Lights & Signs
The Location Map and Cost Estimates are also attached hereto and incorporated herein by
reference. To the extent that Exhibits A, A-1, B, B-1, C-1, the Location Map, or the Cost Estimates
conflict with the Engineering Plans, the Engineering Plans shall control. If applicable, Attachment 1 —
Changes to Standard Community Facilities Agreement, Attachment 2 — Phased CFA Provisions, and
Attachment 3 — Concurrent CFA Provisions, are attached hereto and incorporated herein for all
purposes.
4.
Construction of Improvements
Developer agrees to cause the construction of the Improvements contemplated by this Agreement
and that said construction shall be completed in a good and workmanlike manner and in accordance with
all City standards and specifications, the Engineering Plans, the Cost Estimates provided for the
Improvements, and this Agreement. Developer acknowledges that City will not accept the Improvements
until the City receives affidavits and lien releases signed by Developer's contractors verifying that the
contractors, and all subcontractors and material suppliers, have been paid in full for constructing the
Improvements, and consent of the surety on payment and performance bonds provided for the
Improvements.
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 CIA
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 CIA 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
PROPERL Y SAFEGUARD THE WORK, OR ONACCOUNT OFANY ACT, INTENTIONAL
OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID DEVELOPER, ITS
CONTRACTORS, SUB -CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES,
WHETHER OR NOT SUCHINJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE
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
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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 Services
Contract Management Office
City of Fort Worth
City of Fort Worth, Texas
Standard Community Facilities Agreement
Rev. 9/21
DEVELOPER:
Pulte Homes of Texas L.P
9111 Cypress Waters Blvd. Ste 100
Coppell, Texas 75019
Page 7 of 18
100 Fort Worth Trail
Fort Worth, Texas 76102
With conies 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
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,
City of Fort Worth, Texas Page 8 of 18
Standard Community Facilities Agreement
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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.
24.
City of Fort Worth, Texas Page 9 of 18
Standard Community Facilities Agreement
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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. The terms "boycott Israel"
and "company" have the meanings ascribed to those terms by Chapter 2271 of the Texas Government Code.
To the extent that Chapter 2271 of the Government Code is applicable to this Agreement, by signing this
Agreement, Developer certifies that Developer's signature provides written verification to the City that
Developer: (1) does not boycott Israel; and (2) will not boycott Israel during the term of this Agreement.
26.
Prohibition on Boycotting Energy Companies
Developer acknowledges that in accordance with Chapter 2274 of the Texas Government Code, as
added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for
goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds
of the City with a company with 10 or more full-time employees unless the contract contains a written
verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott
energy companies during the term of the contract. The terms "boycott energy company" and "company"
have the meanings ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by
Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is
applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature
provides written verification to the City that Developer: (1) does not boycott energy companies; and (2)
will not boycott energy companies during the term of this Agreement.
27.
Prohibition on Discrimination Against Firearm and Ammunition Industries
Developer acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering
into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly
from public funds of the City with a company with 10 or more full-time employees unless the contract
contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate
during the term of the contract against a firearm entity or firearm trade association. The terms
"discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms
by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To
the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this
City of Fort Worth, Texas Page 10 of 18
Standard Community Facilities Agreement
Rev. 9/21
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
Developer shall verify the identity and employment eligibility of its employees who perform work
under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon
request by City, Developer shall provide City with copies of all I-9 forms and supporting eligibility
documentation for each employee who performs work under this Agreement. Developer shall adhere to all
Federal and State laws as well as establish appropriate procedures and controls so that no services will be
performed by any Developer employee who is not legally eligible to perform such services. DEVELOPER
SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,
LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY DEVELOPER,
DEVELOPER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written
notice to Developer, shall have the right to immediately terminate this Agreement for violations of this
provision by Developer.
29.
Amendment
No amendment, modification, or alteration of the terms of this Agreement shall be binding unless
the same is in writing, dated subsequent to the date hereof, and duly executed by the City and Developer.
30.
Assignment and Successors
Developer shall not assign or subcontract all or any part of its rights, privileges, or duties under this
Agreement without the prior written consent of City. Any attempted assignment or subcontract without the
City's prior written approval shall be void and constitute a breach of this Agreement.
31.
No Third -Party Beneficiaries
The provisions and conditions of this Agreement are solely for the benefit of the City and
Developer, and any lawful assign or successor of Developer, and are not intended to create any rights,
contractual or otherwise, to any other person or entity.
32.
Compliance with Laws, Ordinances, Rules and Regulations
Developer, its officers, agents, servants, employees, and contractors, shall abide by and comply
with all laws, federal, state and local, including all ordinances, rules and regulations of City. It is agreed
and understood that, if City calls to the attention of Developer any such violation on the part of Developer
or any of its officers, agents, servants, employees, or subcontractors, then Developer shall immediately
desist from and correct such violation.
City of Fort Worth, Texas Page 11 of 18
Standard Community Facilities Agreement
Rev. 9/21
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
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
36.
Cost Summary Sheet
Project Name: Parks of Village Creek Phase 1
CFA No.: 24-0074
Items
A. Water and Sewer Construction
1. Water Construction
2. Sewer Construction
Water and Sewer Construction Total
City Project No.: 105369
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
$ 1,153,389.16
$ 1,182,922.59
$ 2,336,311.75
IPRC No.: 24-0119
$
2,139,218.75
$
3,148,417.42
$
298,882.60
$
5,586,518.77
$ 7,922,830.52
$103,612.50
$24,804.00
$2,295.00
$ 130,711.50
Amount
$ 7,922,830.52
$ 7,922,830.52
$ 2,920,389.69
$ 6,983,148.46
$ 9,903,538.15
Choice
(Mark one
X
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
Pulte Homes of Texas L.P.
a Marc Z01-f
Dana Burghdoff (Dec 2024 CST) Marc Zett (Dec 16, 202411:29 CST)
Dana Burghdoff Marc Zett
Assistant City Manager Vice President of Land Development
Date: Dec 18, 2024 Date: Dec 16, 2024
Recommended by:
Dwayne Hollars
Contract Compliance Specialist
Development Services
Approved as to Form & Legality:
Contract Compliance Manager:
Jackson Skinner By signing, I acknowledge that I am the person
Assistant City Attorney responsible for the monitoring and
administration of this contract, including
M&C No. N/A ensuring all performance and reporting
Date:
Dec 16 2024 requirements.
Form 1295: N/A
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Rebecca Owen (Dec 16, 202412:26 CST)
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Rebecca Diane Owen
°°o ° �
1A 4o
Yank ?Eo 656ga
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
❑X Attachment 1 - Changes to Standard Community Facilities Agreement
❑X Attachment 2 — Phased CFA Provisions
❑ Attachment 3 — Concurrent CFA Provisions
® Location Map
❑X Exhibit A: Water Improvements
❑X Exhibit A-1: Sewer Improvements
❑X Exhibit B: Paving Improvements
❑X Exhibit B-1: Storm Drain Improvements
❑X Exhibit C-1: Street Lights and Signs Improvements
❑X 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 "1"
Changes to Standard Community Facilities Agreement
City Project No. 105369
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. 105369
The improvements being constructed by Developer pursuant to this Agreement will connect to
improvements Developer is constructing under a separate Community Facilities Agreement that have not
been completed and accepted by the City. Therefore, this Agreement shall be considered a "Phased CFA"
and the provisions contained in this section shall apply to this Agreement.
The improvements being constructed by Developer under the separate Community Facilities
Agreement shall be defined as the "Parent Project." The improvements being constructed by Developer
under this Agreement shall be defined as the "Child Project."
Developer acknowledges and agrees that due to Developer's election to construct a Phased CFA,
the potential exists for technical, delivery, acceptance or performance problems (hereinafter "Construction
Problems"). Construction Problems may include, but are not limited to: failure of the improvements to
comply with the approved plans or City Specifications; failure of the improvements in the Parent Project
and the Child Project to properly connect to each other; changes to the design or construction of the
improvements in the Parent Project that impact the design and construction of the improvements in the
Child Project; construction delays, delay claims, or claims for liquidated damages; increased costs for the
Developer; failure of the improvements to pass inspection or material testing; or rejection by the City of
some or all of the improvements and Developer having to remove and reconstruct the improvements at
Developer's expense. In addition, Developer understands and agrees that disputes may arise between
Developer's contractors or their subcontractors relating to responsibility for the Construction Problems.
Developer shall be solely responsible for resolving disputes between contractors or disputes between
contractors and subcontractors.
Developer further acknowledges and agrees that Developer has notified all of Developer's
contractors for the Project that Developer has elected to construct a Phased CFA, the provisions of this
section, the risks associated with a Phased CFA, and that the City shall not bear any responsibility for
Developer's decision to proceed with a Phased CFA.
Developer shall not make the final connection of the improvements in the Child Project to the
improvements in the Parent Project until the improvements in the Parent Project have been constructed and
accepted by the City and the City has consented to Developer making the connection.
Developer agrees that if this Agreement is for improvements relating to the construction, renovation
or modification of one or more single family residential homes or structures, the City will not record the
plat related to the Project until the improvements are constructed and accepted by the City. Developer
agrees that if this Agreement is for improvements relating to the construction, renovation or modification
of one or more commercial buildings or structures, the Developer shall not receive a Certificate of
Occupancy from the City for the building(s) related to the Project until the improvements in this Agreement
are constructed and accepted by the City. Developer further understands and agrees that completion of the
improvements under this Agreement does not entitle Developer to obtain a final plat of the property until
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 TO ANYAND ALL 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 IN PART BY THE
CONSTRUCTIONS OF THE IMPROVEMENTS OR DEVELOPER'S CHOICE TO CONSTRUCT A
PHASED CFA WHETHER OR NOT SUCH INJURIES. DEATH OR DAMAGES ARE CAUSED. IN
WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS
OFFICERS, SERVANTS. OR EMPLOYEES.
DEVELOPER:
Marc Z&f&
Marc Zett (Dec 16, 2024 11:29 CST)
Name: Marc Zett
Title: Vice President of Land Development
City of Fort Worth, Texas Page 18 of 18
Standard Community Facilities Agreement
Rev. 9/21
OWNERTELOPER
JIMMY AREVACHEO
PULTE HOMES OF TEXAS L.P.
9111 CYPRESS WATERS BOULEVARD
SUITE 100
COPPELL, TX 75019
972-304-2800
VICINITY MAP
COUNCIL DISTRICT 6
MAPSCO NO. 120K, 120L, &120P
PARKS OF VILLAGE CREEK PHASE 1
CPN: 105369
PHASED CFA
0
0 1500 3000 4500
GRAPHIC SCALE IN FEET
kATE SHIELD
ENGINEERING GROUP
ereRrWM"- wwwnn.,.n
November 2024
CONSULTANT
DACE C. MOTHERAL
SHIELD ENGINEERING GROUP, PLLC.
1600 W 7TH STREET, SUITE 400
FORT WORTH, TX 76102
817-810-0696
LEGEND
OWNER DEVELOPER
JIMMY 'ARACHEO
PULTE HOMES OF TEXAS L.P.
9111 CYPRESS WATERS BOULEVARD
SUITE 100
COPPELL, TX 75019
972-304-2800
CONNECT TO FUTURE 16" W
FM 1187 � CPN 104841, X-27789
PROP 8" WATERLINE
PROP 12" WATERLINE
PROP FIRE HYDRANT
PROP GATE VALVE
EXIST WATER LINE
x U
U JAMES A. WATERS AND
CAROLS WATERS
Q CCID199202163
O.P.R. Z T.OT.
0.q' •�
Q
U
IHERON CREEK DR.
GLORIA STEELMAN, D MID R. PLOWAN 7/CHARD VANC
STEVE CUNGMAN AND GLENDA q MARRIED WOMAN ADD EVELYN HALL,
CL/NGMAN, HUSB4ND AND WIFE CC/D21624f063 Y OWMAN JR. AND WIFE
CC/D216061381 O.P.R. T.C.T. C:/D206088293 VANDRA HALL
O.P.R.T.C. T. 0 P.R.T.C.T. V8018, P463
D.R.T.C.T.
EXHIBIT A
WATER
COUNCIL DISTRICT 6
MAPSCO NO. 120K, 120L, &120P
PARKS OF VILLAGE CREEK PHASE 1
CPN: 105369
BRANTLEY FAMILY TRUST
CCID219179562
O.P.R.T.C.T.
CHAD A. BRANTLEY AND
KIMBERLY C. BRANTLEY
CCfD213100357
O.P.R.T.C.T.
RAY T. HUBBARD AND WIFE,
CHRISTIE J. HUBB4RD
CCID206437357
O.P.R.T.C.T.
WILL/E N KEITH
AND WIFE,
CHARLEEN KEITH
V7315, P2162
D.R. T.C.T
I I
DAVID C. FAIR
AND WIFE,
LYNDA FAIR
V7503 P320
D.R. T. C. T.
H
PHASED CFA
O
0 400 800 1200
GRAPHIC SCALE IN FEET
SHIELD
ENGINEERING GROUP
nre Rr w.nar•>rMs ww nnn�n
DATE: November 2024
CONSULTANT
JACE C. MOTHERAL
SHIELD ENGINEERING GROUP, PLLC.
1600 W 7TH STREET, SUITE 400
FORT WORTH, TX 76102
817-810-0696
LEGEND
CONNECTTO
FUTURE SS 12"
CPN 104841, X-27769
—SS SS —SS
OWNER/DEVELOPER
JIMMY CARACHEO
PULTE HOMES OF TEXAS L.P.
9111 CYPRESS WATERS BOULEVARD
SUITE 100
COPPELL, TX 75019
972-304-2800
PROP 8" SANITARY SEWER LINE
PROP 10" SANITARY SEWER LINE
FM1197 PROP 12" SANITARY SEWER LINE
1 PROP SANITARY SEWER MANHOLE •
A I EXIST SANITARY SEWER LINE
� U
l
, � I � JAMES A. WATERS AND I
p CCID 9. WATERS
Qy CCfD199T.C.I.
U O.P.R.6,1
T.GT.
HERON CREEK DR.
BRANTLEY FAMILY TRUST
CCID219179562
O.P.R.T.CT.
CHAD A. BRANTLEY AND
KIMBERLY C. BRANTLEY
CC,fD213 1 00357
O.P.R.T.C.T.
S1�10�JJEJ DJ.
JAY CREEK DF_
FINCI1 C f2E=:K DR
I r
STEVE CL/NGMAN AND GLENDA
CL/NGMAN, HUSBAND AND WIFE
CC/D21606138I
O.P.R.T.CT.
II&C"'7XJD 14IM
GLORIA STEELMAN. D IV/D R. PLOWAN 4/CHARD ✓ANC
A MARRIED WOMAN Asp EVELYN HALL,
CCfD216241063 WMAN JR. AND WIFE
O.P.R.T.CT. C'ID206088293 VANORA HALL
0 P.R. I. C. T. V8018, P463
D.R.T.C.T.
EXHIBIT Al
WASTEWATER
COUNCIL DISTRICT 6
MAPSCO NO. 120K, 120L, &120P
PARKS OF VILLAGE CREEK PHASE 1
CPN: 105369
RAY T. HUBBARD AND WIFE,
CHRISTIE J. HUBBARD
CCID206437357
O.P.R.LCT.
WILL/E N KEITH
AND WIFE,
CHARLEEN KEITH
V7315, P2162
D.R. T.C. T.
DAVID C. FAIR
AND WIFE,
LYNDA FAIR
V7503 PJ20
D.R.T.C.T.
PHASED CFA
O
0 400 800 1200
— — GRAPHIC SCALE IN FEET
SHIELD
ENGINEERING GROUP
!F"oF0M1 11•m11W 101ft0
DATE: 1YTE: November 2024
CONSULTANT
JACE C. MOTHERAL
SHIELD ENGINEERING GROUP, PLLC.
1600 W 7TH STREET, SUITE 400
FORT WORTH, TX 76102
817-810-0696
LEGEND
ONSITE PAVING (6" CONIC PVMT)
- - FM1187
_ _
OFFSITE PAVING (8"
CONIC PVMT)
SIDEWALK BY DEVELOPER
EXISTING
-
EXISTING
ROADWAY
CD ROADWAY,
Ll
U
d
DEVELOPMENT
�?
�
!] COCTOR
JAMES A. WATERS AND
O FILL GAP
C4ROL S. WATERS
(Qj WITH ASPHALT
CCID199202163
O.P.R.T.CT.
HERON CREEK DR.
RAMP
BRANTLEY FAMILY TRUST
CCID219179562
O.P.R.T.C.T.
CHAD A. BRANMEY AND
KIMBERLY C. BRANTLEY
CCID213100357
O.P.R.T.C.T.
SIDEWALK BY
RAY T. HUBBARD AND WIFE,
DEVELOPER
EXISTING
CHRISTIE J. HUBBARD
7.
CCj0208T.C.T.
ROADWAY Y
OD208,
SlUII I
0 jE� D#.
I
I I I
`�M� 1
a
---
- --
I ZAN P
--- -- - W
WILLIE N KEITH
AND WIFE,
RAMP
CHARLEEN KEITH DEVELOPMENT
W
W P2162CT* CONTRACTOR
D15
TO FILL GAP
z
R_MFRAMP
WITH ASPHALT
JAI CREEKDFL.111-_
—
PHASED CFA
W
SIDEWALK BY
M-�
---71
�
DEVELOPER
RAMPFaMI'
AAIP
L
IR
SAND
FINC] I C RFK DR
�-
--- -- ---
W/FE,
FAIR
V7503 P320
LrNDAT.C.T.
D.R.
N
•
MH
—
I
IIr
—
—
— —
ILIIIDLK lY
—
\
LK
BYDDEVELOPER
O 400 800 1200
OLOR14 STEELMAN, DIVID R. PLOWAN VCHARD VANC:
GRAPHIC SCALE IN FEET
STEVE CLINGMAN AND GLENDA
A MARRIED WOMAN A. ID EVELYN HALL,
CLINGMAN, HUSBAND AND WIFE
CCID216241063 P DAMAN AND WIFE
CCID21606IJBI
VA
O.P.R. I. C. T. C:jD206088293 NORA HALL
O.P.R.T.C. T.
0 P.R.T.C.T. V8018, P463
D.R.T.C.T.
, SHIELD
EXHIBIT
ENGINEERING GROUP
PAVING
COUNCIL DISTRICT 6
DATE: November 2024
OWNER/DEVELOPER
MAPSCO
NO. 120K, 120L, &120P
JIMMY CARACHEO
CONSULTANT
PULTE HOMES OF TEXAS L.P.
JACE C. MOTHERAL
9111 CYPRESS WATERS BOULEVARD
SHIELD ENGINEERING GROUP,
SUITE 100
PARKS OF VILLAGE CREEK PHASE 1
1600 W 7TH STREET, SUITE 40000
COPPELL, TX 75019
CPN: 105369
FORT WORTH, TX 76102
972-304-2800
817-810-0696
LEGEND
15' CURB INLET o
PROP STORM LINE
20'X5' DROP INLET
EXIST STORM LINE
18" SLOPING HEADWALL
10' CURB INLET
o
24" SLOPING HEADWALL rz�ffq
FM 1187
— —
27" SLOPING HEADWALL Km
fvt 4
Q
33" SLOPING HEADWALL
a
36" SLOPING HEADWALL �
I f
Q ��
42" SLOPING HEADWALL
/
24
JAMESA. WATERS AND
CAROL S. WATERS
48" SLOPING HEADWALL
U
CC/D199202163
OPR.TG.T.
i•
HERON CREEK DR.
60" STRAIGHT WING WALL
BRANFAMILY TRUST
72" STRAIGHT WING WALL
� /0218179562
CC D
— /
CHAD A. BRANTLEY AND
K/MBERLY C.BRANTLEY
CC/D213100357
4'X4' DROP MH
F-Hj11�
O.P.R.LQL
4'X4' STORM MH ❑
�t o
+pl
M
RAY T. HUBB4RD AND WIFE,
CHR1577E J. HUBBARD
5' X5' STORM M H
+
e
f
CCID208437357
0.P.R.I..C.T.
6'X6' STORM MH
7'X7' STORM MH
r�
I
I ' SPARROW CREEK DR.
— _ _ a
8'X8' STORM MH ❑
WILLIE N KE1TH
9'X8' STORM MH ■
q] ,'Y'
U
AND WIFE,
CN KEITH
W
�
r�
V7315, P216262
V7315,
D.R.T.C.T.
�
.JAY CREEK DR.
u
PHASED C FA
r
Tom- I
,I
FINCH CREEK DR.
DAWD C. FAIR
WIFE,
AND AIR
LYNDA F
V7503, FAIR
D.R.T.C.T.
I V
O
l f
0 400 800 1200
13
GRAPHIC SCALE IN FEET
STEW CLINGMAN AND GLENDA
CLINGMAN, HUSBAND AND WIFE
GLOR/A STEELMAN, D;16D R. PLOWAN ?ICHARD VANC.
JR. AND WIFE
A MARRIED WOMAN A, ID EVELYN HALL,CC.02
16061381
O.P.R.T.C.T
P OWMAN
CCf0216241063 C' 02060B8293 VANDRA HALL
O.P.R.T.C. T. V8018, P463
° P.R.T.C.T.
D.R.T.OT.
SHIELD
EXHIBITB1
STORMWATER
ENGINEERING GROUP
OWNER/DEVELOPER
COUNCIL DISTRICT 6
MAPSCO NO. 120K, 120L, &120P
DATE: November 2024
JIMMY CARACHEO
CONSULTANT
PULTE HOMES OF TEXAS L.P.
JACE C. MOTHERAL
9111 CYPRESS WATERS BOULEVARD PARKS
SUITE 100
OF VILLAGE CREEK PHASE 1
SHIELD ENGINEERING GROUP,
1600 W 7TH STREET, SUITE 40000
COPPELL, TX 75019
CPN: 105369
FORT WORTH, TX 76102
972-304-2800
817-810-0696
LEGEND
OWNER. DEVELOPER
JIMMY ARACHEO
PULTE HOMES OF TEXAS L.P.
9111 CYPRESS WATERS BOULEVARD
SUITE 100
COPPELL, TX 75019
972-304-2800
_Q FM H87
JAMES A. WATERS AND
I
CAROL S. WATERS
CCID19.0202763
d
0.P.R.T.C.T.
A
�
W
HERON CREEK DR.
_
Li
BRANTLEY FAMILY TRUST
CCID219179562
U
O.P.R.T.CT.
I
CHAD A. BRANTLEY AND
KIMBERLY C. BRANTLEY
CC.40213100357
O.P.R.T.C.T.
RAY T. HUBBARD AND WIFE,
CHRISTIE J. HUBBARD
p CCID208437357
If O.P.R.T.CT.
I
SF�R 0 f ° E 11.
I W W/LL/E N KEITH
AND W/FE,
CHARLEEN KE/TH
V7315, P2762
D.R.T.C.T.
K(RFiEK-DI.
DAVID C. FAIR
AND WIFE,
FII7CI i C REi;K DR. 'tT _ _ _ _ _ LrNDA FA/R
V7503 P320
1F D.R.T.C.T.
GLOR/A STEELMAN, DAVIT R. PLOWAN 7/CHARD VANC
5'7EVE CLINGMAN AND GLENDA A MARRIED WOMAN AND EVELYN HALL,
CLINGMAN, HUSBAND AND WIFE CC/D21624f063 PLOI MAN JR. AND WIFE
CCID21606138I O.P.R. T.C. T. CC"'206088
29J VANORA HALL
O.P.R.T.CT. O.P '..T.CT. V8018, P463
D.R.T.C.T.
EXHIBIT Cl
STREETLIGHTS & SIGNS
COUNCIL DISTRICT 6
MAPSCO NO. 120K, 120L, &120P
PARKS OF VILLAGE CREEK PHASE 1
CPN: 105369
PROPOSED STREET/STOP SIGN
PROPOSED STREET LIGHT
PHASED CFA
O
0 400 800 1200
GRAPHIC SCALE IN FEET
SHIELD
ENGINEERING GROUP
DATE: November 2024
CONSULTANT
JACE C. MOTHERAL
SHIELD ENGINEERING GROUP, PLLC.
1600 W 7TH STREET, SUITE 400
FORT WORTH, TX 76102
817-810-0696
00 42 43
DAP-Bm PROPOSAL
Page I of4
SECTION 00 42 43
Developer Awarded Projects - PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item
Description
Specification
Unit of
Bid
Unit Price
Bid Value
No.
Section No.
Measure
Quantity
UNIT I: WATER IMPROVEMENTS_
1
0241.1118 4" - 12" Pressure Plug
0241 14
EA
8
$877.00
$7,016.00
2
3005.0003 8" Waterline Lowering
33 05 12
EA
13
$5,990.00
$77,870.00
3
3305.0005 12" Waterline Lowering
33 05 12
EA
3
$6,890.00
$20,670.00
4
3305.0109 Trench Safety
33 05 10
LF
9202
$2.00
$18,404.00
5
3305.0202 Imported Embedment/Backfill, CSS
33 05 10
LF
40
$52.50
$2,100.00
6
3311.0001 Ductile Iron Water Fittings w/ Restraint
3311 11
TON
2.99
$14,440.00
$43,175.60
7
3311.0241 8" Water Pipe
3311 10,33
LF
8352
$55.28
$461,698.56
8
3311.0441 12" Water Pipe
3311 10,33
LF
850
$91.30
$77,605.00
9
3312.0001 Fire Hydrant w/ Gate Valve
33 12 40
EA
16
$6,680.00
$106,880.00
10
3312.2003 1" Water Service (Irrigation)
33 12 10
EA
10
$1,190.00
$11,900.00
11
3312.2003 1" Water Service (Domestic)
33 12 10
EA
199
$1,140.00
$226,860.00
12
3312.3003 8" Gate Valve & Box
33 12 20
EA
28
$2,210.00
$61,880.00
13
3312.3005 12" Gate Valve & Box
33 12 20
EA
4
$3,860.00
$15,440.00
14
3471.0013 Traffic Control
3471 13
EA
6
$2,500.00
$15,000.00
15
9999.0001 20" Steel Encasement
00 00 00
LF
26
$265.00
$6,890.00
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
TOTA _ UNIT 1: WATER IMPROVEMENTS.
$1,153,389.16
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS
Form Version May 22, 2019 Copy of 42 43—Bid Proposa]_DAPI Utility
00 42 43
DAP-BIDPROPOSAL
Page 2 of 4
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
Bid
Unit Price
Bid Value
No.
Section No.
Measure
Quantity
UNIT II: SANITARY SEWER IMPROVEMENTS
1
3301.0002 Post -CCTV Inspection
3301 31
LF
8322
$3.00
$24,966.00
2
3301.0101 Manhole Vacuum Testing
3301 30
EA
31
$200.00
$6,200.00
3
3305.0109 Trench Safety
33 05 10
LF
8322
$1.00
$8,322.00
4
3305.0112 Concrete Collar
33 05 17
EA
2
$976.00
$1,952.00
5
3305.0202 Imported Embedment/Backfill, CSS
33 05 10
LF
440
$52.50
$23,100.00
6
3331.3301 8" Sewer Service
3331 50
EA
199
$790.00
$157,210.00
7
3331.4115 8" Sewer Pipe
3331 20
LF
6184
$53.08
$328,246.72
8
3331.4119 8" DIP Sewer Pipe
3311 10
LF
233
$53.84
$12,544.72
9
3331.4201 10" Sewer Pipe
3311 10,33
LF
961
$64.95
$62,416.95
10
3331.4208 12" Sewer Pipe
3311 10,33
LF
763
$74.30
$56,690.90
11
3331.4212 12" DIP Sewer
3311 10
LF
181
$74.30
$13,448.30
12
3339.0001 Epoxy Manhole Liner
33 39 60
VF
186
$380.00
$70,680.00
13
3339.1001 4' Manhole
33 39 10
EA
30
$4,965.00
$148,950.00
14
3339.1002 4' Drop Manhole
33 39 10, 33
EA
1
$7,385.00
$7,385.00
15
3339.1003 Extra Depth Manhole ( > 6.0')
33 39 10
VF
204
$650.00
$132,600.00
16
3471.0013 Traffic Control
34 71 13
MO
6
$2,500.00
$15,000.00
17
9999.0002 20" Steel Casing
00 00 00
EA
414
$265.00
$109,710.00
18
9999.0003 Connect to Existing 8" Sewer Main
00 00 00
EA
1
$3,500.00
$3,500.00
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
TOTAL UNIT II: SANITARY SEWER IMPROVEMENTS
$1,182,922.59
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS
Fort Version May 22, 2019 Copy of42 43 Bid Pmposal_DAPI Utility
UNIT PRICE BID
Bidlist Item
No.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
SECTION 00 42 43
Developer Awarded Projects - PROPOSAL FORM
Project Item Information
Specification
Unit of
Description
Section No.
Measure
UNIT III: DRAINAGE IMPROVEMENTS
3125.0101 SWPPP >_ 1 Acre
31 2500
LS
3137.0102 Large Stone Riprap, dry
31 3700
SY
3137.0103 Large Stone Riprap, grouted
31 3700
SY
3305.0109 Trench Safety
33 05 10
LF
3305.0112 Concrete Collar
33 05 17
EA
3341.0103 18" RCP, Class 111
3341 10
LF
3341.0201 21" RCP, Class III
3341 10
LF
3341.0205 24" RCP, Class 111
3341 10
LF
3341.0208 27" RCP, Class 111
3341 10
LF
3341.0305 33" RCP, Class III
3341 10
LF
3341.0309 36" RCP, Class III
3341 10
LF
3341.0402 42" RCP, Class III
3341 10
LF
3341.0409 48" RCP, Class 111
3341 10
LF
3341.1103 4' X 4' Box Culvert
3341 10
LF
3341.1203 5' X 5' Box Culvert
3341 10
LF
3341.1303 6' X 4' Box Culvert
3341 10
LF
3349.0002 5' Storm Junction Box
33 49 10
EA
3349.0003 6' Storm Junction Box
33 49 10
EA
3349.0004 7' Storm Junction Box
33 49 10
EA
3349.0005 8' Storm Junction Box
33 49 10
EA
3349.5001 10' Curb Inlet
33 49 20
EA
3349.7001 4' Drop Inlet
33 49 20
EA
9999.0004 18" Sloping Headwall
00 00 00
EA
9999.0005 24" Sloping Headwall
00 00 00
EA
9999.0006 27" Sloping Headwall
00 00 00
EA
9999.0007 33" Sloping Headwall
00 00 00
EA
9999.0008 36" Sloping Headwall
00 00 00
EA
9999.0009 42" Sloping Headwall
00 00 00
EA
9999.0010 48" Sloping Headwall
00 00 00
EA
9999.0011 20' X 6.5' Drop Inlet
00 00 00
EA
9999.0012 Const 9' X 8' Junction Box
00 00 00
EA
9999.0013 Const Outfall Structure
00 00 00
EA
9999.0014 Const 60" Straight Wingwall
00 00 00
EA
00 42 43
DAP - BID PROPOSAL
Page 3 of 4
Bidder's Application
Bidder's Proposal
Bid
Unit Price Bid Value
Quantity
1
$3,700.00
$3,700.00
5,244
$120.00
$629,280.00
268
$162.00
$43,416.00
7662
$3.00
$22,986.00
2
$800.00
$1,600.00
150
$79.80
$11,970.00
292
$86.23
$25,179.16
989
$98.21
$97,129.69
340
$108.72
$36,964.80
187
$141.00
$26,367.00
300
$147.90
$44,370.00
562
$190.34
$106,971.08
520
$223.84
$116,396.80
2020
$297.24
$600,424.80
591
$415.92
$245,808.72
1711
$447.67
$765,963.37
2
$8,320.00
$16,640.00
5
$10,820.00
$54,100.00
1
$14,300.00
$14,300.00
2
$17,250.00
$34,500.00
1
$5,430.00
$5,430.00
2
$7,320.00
$14,640.00
3
$2,980.00
$8,940.00
1
$3,620.00
$3,620.00
1
$3,780.00
$3,780.00
1
$4,550.00
$4,550.00
2
$6,120.00
$12,240.00
1
$7,020.00
$7,020.00
1
$7,430.00
$7,430.00
1
$33,920.00
$33,920.00
5
$20,232.00
$101,160.00
1
$25,120.00
$25,120.00
2
$11,250.00
$22,500.00
TOTAL UNIT III: DRAINAGE IMPROVEMENTS
$3,148,417 42
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS
Form Version May 22. 2019
Copy of 42 43_Bid Proposal_DAP1 Utility
00 42 43
DAP -BID PROPOSAL
Page 4 of 4
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
I Unit of
Bid
Unit Price
Bid Value
No.
Section No.
Measure
Quantity
I
Bid Summary
UNIT I: WATER IMPROVEMENTS
$1,153,389.16
UNIT II: SANITARY SEWER IMPROVEMENTS
$1,182,922.59
UNIT III: DRAINAGE IMPROVEMENTS
$3'14-8,417.42
Total Construction Bid $5,484,729.17
This Bid is submitted by the entity named below:
BIDDER:
Circle H Contractors L-P.
P.O. Box 220
Midlothian, TX 76065
Contractor agrees to complete WORK for FINAL ACCEPTANCE within
CONTRACT commences to run as provided in the General Conditions.
BY: 'Er. Stag
TITLE: Estimator
DATE: 1 1 13-24
END OF SECTION
150 worldng days after the date when the
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS
Form Version May 22, 2019
Copy of 42 43_Bid Proposai_DAP I Utility
UNIT PRICE BID
Bidlist Item
No
SECTION 00 42 43
Developer Awarded Projects - PROPOSAL FORM
Project Item Information
Description
00 42 43
DAP - BID PROPOSAL
Pagel of2
Bidder's Application
Bidder's Proposal
Specification I Unit of I Bid Unit Price Bid Value
Section No Measure Quantity
UNIT IV: PAVING IMPROVEMENTS
1
3211.0400 Hydrated Lime
3211 29
TON
2
3211.0501 6" Lime Treatment
3211 29
SY
3
3211.0502 8" Lime Treatment
3211 29
SY
4
3213.0101 6" Conc Pvmt
32 13 13
SY
5
3213.0103 8" Conc Pvmt
32 13 13
SY
6
3213.0302 5" Conc Sidewalk (By Developer)
32 13 20
SF
7
3213.0501 Barrier Free Ramp, Type R-1
32 13 20
EA
8
3213.0506 Barrier Free Ramp, Type P-1
33 13 20
EA
9
3291.0100 Topsoil
3291 19
CY
10
3292.0100 Block Sod Placement
32 92 13
SY
11
3292.0400 Seeding, Hydromulch (Open Space)
32 92 13
SY
12
3471.0001 Traffic Control
3471 13
MO
r15
1 17
18
19
20
21
22
23
24
25
26
27
28 -,
29
30
31
33
34
35
36
37
38
39
40
41 _ -
42
43
44
i
527
$310.00
$163,370.00
31221
$3.50
$109,273.50
3253
$3.50
$11,385.50
28382
$49.50
$1,404,909.00
3075
$60.00
$184,500.00
6493 -
$8.25
$53,567.25
12
$2,700.00
$32,400.00
8
$2,300.00
$18,400.00
885
$110.00
$97,350.00
5311
$8.50
$45,_143.50-
5568
$2.50
$13,920.00
1
$5.000.00
$5.000.00
TOTAL UNIT IV: PAVING IMPROVEMENTS
$2,139,218.75
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS
Fomr Version May 22, 2019 42 43 Bid Proposal_DAPI Paving
00 42 43
DAP - BID PROPOSAL
Page 2 of 2
SECTION 00 42 43
Developer Awarded Projects - PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Specification Unit of Bid
No. Description Section No. Measure Quantity Unit Price Bid Value
Bid Summary
UNIT IV: PAVING IMPROVEMENTS I $2,139,218.75i
Total Construction Bid $2,139,218.751
This Bid is submitted by the entity named below:
BIDDER:
RP:.NI t Construction, [-I_('
6500 Nlecer Way
McKinney. TX 75070
Contractor agrees to complete WORK for FINAL ACCEPTANCE within
CONTRACT commences to run as provided in the General Conditions.
BY: Joshua It ek
TITLE//1(9/210124
stimator
DATE
END OF SECTION
55 working days after the date when the
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS
Form Version May 22, 2019
4243_Bid Proposal —DAP I Paving
UNIT PRICE BID
SECTION 00 42 43
Developer Awarded Projects - PROPOSAL FORM
Project Item Information
00 42 43
DAP - BID PROPOSAL
Page 1 of 2
Bidder's Application
Bidlist Item
Description
Specification
Unit of
Bid
No.
Section No.
Measure
Quantity
UNIT V: STREET LIGHTING IMPROV
°MENTS
1
2605.3015 2" CONDT PVC SCH 80(T)
26 05 33
LF
2558
2
3441.1410 NO 10 Insulated Elec Condr
3441 10
LF
7674
3
3441.1646 Furnish/Install Type 33B Arm
3441 20
EA
42
4
3441.3050 Furnish/Install LED Lighting Fixture (70 watt
3441 20
EA
42
5
3441.3301 Rdwy Illum Foundation TY 1,2, and 4
3441 20
EA
42
6
3441.3351 Furnish/Install Rdway Illum TY 11 Pole
3441 20
EA
42
7
3441.4003 Furnish/Install Alum Sign Ground Mount City
3441 30
EA
13
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Bidder's Proposal
Unit Price I Bid Value
$20.97
$53,641.26
$1.91
$14,657.34
$400.00
$16,800.00
$400.00
$16,800.00
$1,996.00
$83,832.00
$2,431.00
$102,102.00
$850.00
$11,050.00
TOTAL UNIT V: STREET LIGHTING IMPROVEMENTS $298,882.60
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS
Form Version May 22, 2019 42 43 Bid Proposal_DAPI Electrical - V2 IUC prices filled in
00 42 43
DAP - BID PROPOSAL
Page 2 of 2
SECTION 00 42 43
Developer Awarded Projects - PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Iteml I Specification Unit of I Bid
No. Description Unit Price Bid Value
Section No. Measure Quantity
Bid Summary
UNIT V: STREET LIGHTING IMPROVEMENTS I $298,882.60
Total Construction Bid $298,882.60
This Bid is submitted by the entity named below:
BIDDER:
Independent Otility Construction
5109 Sun Valley Drive
Fort Worth, TS 76119
817-478-4444 -- officeld-iuctx.com
Contractor agrees to complete WORK for FINAL ACCEPTANCE within
CONTRACT commences to run as provided in the General Conditions.
BY: R' a Wolfe
TITLE: �,,idan
DATE: 11/1.4/2024
END OF SECTION
40 working days after the date when the
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS
Form Version May 22, 2019
42 43_Bid Proposal_DAPI Electrical - V2IUC prices filled in