HomeMy WebLinkAboutContract 6285210
. 62852 City Contract Number: __________ _
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 Ashton Dallas Residential L.L.C.,
a Texas limited liability company ("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 Cattleman's
Crossing Phase 2 ("Project"); and
WHEREAS, the City desires to ensure that all developments are adequately served by public
infrastructure and that the public infrastructure is constructed according to City standards; and
WHEREAS, as a condition of approval of the Project, Developer is required to bear a portion of
the costs of municipal infrastructure by constructing the public infrastructure necessary for the Project as
described in this Agreement ("Community Facilities" or "Improvements"); and
WHEREAS, as a condition of approval of the Project, Developer is required to meet the additional
obligations contained in this Agreement, and Developer may be required to make dedications of land, pay
fees or construction costs, or meet other obligations that are not a part of this Agreement; and
WHEREAS, the City is not participating in the cost of the Improvements for the 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 ("CF A 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 CF A 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 CF A Ordinance in
City of Fort Worth, Texas
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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 (`Bngineering
Plans") are incorporated into this Agreement by reference as if fully set out herein. Developer shall provide
at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to
construct the Improvements required by this Agreement.
3.
Description of Improvements; Exhibits and Attachments
The following exhibits describe the general location, nature and extent of the Improvements that
are the subject of this Agreement and are attached hereto and incorporated herein by reference:
� Exhibit A: Water
� E�ibit A-1: Sewer
0 E�ibit B: Paving
❑X Exhibit B-1: Storm Drain
0 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 E�ibits 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
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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 (`Bxtension 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.
Subject to force majeure events, the Term of this Agreement plus any Extension Periods shall be for no
more than three years.
7.
Failure to Construct the Improvements
(a) The City may utilize the Developer's Financial Guarantee to cause the completion of the
construction of the Improvements if at the end of the Term, and any Extension Periods, the
Improvements have not been completed and accepted by the City.
(b) The City may utilize the Developer's Financial Guarantee to cause the completion of the
construction of the Improvements or to cause the payment of costs for construction of the
Improvements before the expiration of the Term, and any Extension Period, if the Developer
breaches this Agreement, becomes insolvent, or fails to pay costs of construction.
(c) If the Financial Guarantee is a Completion Agreement and the Developer's contractors or suppliers
are not paid for construction costs or materials supplied for the Improvements the contractors and
suppliers may place a lien upon any property which the City does not have an ownership interest
that is the subject of the Completion Agreement.
(d) Nothing contained herein is intended to limit the Developer's obligations under the CFA
Ordinance, this Agreement, the Financial Guarantee, Developer's agreements with Developer's
contractors, or other related agreements.
8.
Termination
If Developer desires to terminate this Agreement before Developer's contractors begin
constructing the Improvements, Developer agrees to the following:
(a) that Developer and City must execute a termination of this Agreement in writing;
(b) that Developer will vacate any final plats for the Project 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.
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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.
( fl 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
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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 Indemni�ication
(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 FROMALL SUITS, ACTIONS OR CLAIMS OF
ANYCHARACTER, WHETHER REAL ORASSERTED, BROUGHT FOR OR ONACCOUNT
OFANYINJURIES OR DAMAGES SUSTAINED BYANYPERSONS, INCL UDING DEATH,
OR TO ANY PROPERTY, RESULTING FROM OR IN CONNECTION WITH THE
CONSTR UCTION, 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
PROPERLYSAFEGUARD THE WORK, OR ONACCOUNT OFANYACT, INTENTIONAL
OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID DEVELOPER, ITS
CONTRACTORS, SUB-CONTRACTORS, OFFICERS, AGENTS 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,
INCL UDING DEATH, RESULTING FROM, OR INANY WAY CONNECTED WITH, THE
CONSTRUCTION OF THE IMPROVEMENTS CONTEMPLATED HEREIN. 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'
FAIL URE TO COMPLETE THE WORK AND CONSTR UCT THE IMPROVEMENTS IN A
GOOD AND WORKMANLIKE MANNER, FREE FROM DEFECTS, IN CONFORMANCE
WITH THE CFA ORDINANCE, AND IN ACCORDANCE WITH ALL PLANS AND
SPECIFICATIONS.
13.
Right to Enforce Contracts
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Standard Community Facilities Agreement
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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, wbether 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 certified mail with return receipt requested, addressed to such party at the address stated
below. Any notice so given by hand delivery shall be deemed received upon delivery. Any notice so
given by mail shall be deemed to have been received three (3) days after deposit in the United States
mail so addressed with postage prepaid:
CITY: DEVELOPER:
Development Services - Ashton Dallas Residential L.L.C.
Contract Management Office 1800 Valley View Lane, Ste 100
City of Fort Worth Farmers Branch TX, 75234
100 Fort Worth Trail Attn: Danny Satsky
Fort Worth, Texas 76102
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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
With copies to:
Ashton Woods
3820 Mansell Rd., Suite 400
Alpharetta, Georgia 30022
Attn: Ruth J. Mitchell
Or to such other address one party may hereafter designate by notice in writing addressed and
mailed or delivered to the other party hereto.
17.
Right to Audit
Developer agrees that, until the expiration of three (3) years after acceptance by the City of the
Improvements constructed pursuant to this Agreement, that the City shall have access to and the right to
examine any directly pertinent books, documents, papers and records of the Developer involving
transactions relating to this Agreement. Developer agrees that the City shall have access during normal
working hours to all necessary Developer facilities and shall be provided adequate and appropriate
workspace in order to conduct audits in compliance with the provisions of this section. The City shall give
Developer reasonable advance notice of intended audits.
Developer further agrees to include in all contracts with Developer's contractors for the
Improvements a provision to the effect that the contractor agrees that the City shall, until the expiration of
three (3) years after final payment under the contract, have access to and the right to examine any directly
pertinent books, documents, papers and records of such contractor, involving transactions to the contract,
and further, that City shall have access during normal working hours to all of the contractor's facilities, and
shall be provided adequate and appropriate work space in order to conduct audits in compliance with the
provisions of this section. City shall give Developer's contractors reasonable advance notice of intended
audits.
18.
Independent Contractor
It is expressly understood and agreed that Developer and its employees, representative, agents,
servants, officers, contractors, subcontractors, and volunteers shall operate as independent contractors as to
all rights and privileges and work performed under this Agreement, and not as agents, representatives or
employees of the City. Subject to and in accordance with the conditions and provisions of this Agreement,
Developer shall have the exclusive right to control the details of its operations and activities and be solely
responsible for the acts and omissions of its employees, representatives, agents, servants, officers,
contractors, subcontractors, and volunteers. Developer acknowledges that the doctrine of respondeat
superior shall not apply as between the City and its officers, representatives, agents, servants and
employees, and Developer and its employees, representatives, agents, servants, officers, contractors,
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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 its employees, representatives, agents,
servants, officers, contractors, subcontractors, and volunteers.
The City, through its authorized representatives and employees, shall have the sole and exclusive
right to exercise jurisdiction and control over City employees.
19.
Applicable Law; Venue
This Agreement shall be construed under and in accordance with Texas law. Venue shall be in
the state courts located in Tarrant County, Texas or the United States District Court for the Northern
District of Texas, Fort Worth Division.
20.
Non-Waiver
The failure of the City to insist upon the performance of any term or provision of this Agreement
or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent
of City's right to assert or rely on any such term or right on any future occasion.
21.
Governmental Powers and Immunities.
It is understood that by execution of this Agreement, the City does not waive or surrender
any of its governmental powers or immunities.
22.
Headings
The paragraph headings contained herein are for the convenience in reference and are not intended
to define or limit the scope of any provision of this Agreement.
23.
Severability
In the event that any clause or provision of this Agreement shall be held to be invalid by any
court of competent jurisdiction, the invalidity of such clause or provision shall not affect any of the
remaining provisions hereof.
24.
Review of Counsel
City and Developer, and if they so choose, their attorneys, have had the opportunity to review
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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 2276 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 2276 of the Texas Government Code, as added by
Acts 2021, 87th Leg., R.S., S.B. 13, § 2. 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, 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," "�rearm entity" and "firearm trade association" have the meaning ascribed to those terms
by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To
the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this
Agreement, Developer certifies that Developer's signature provides written verification to the City that
Developer: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm
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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 OR
DEVELOPER'S EMPLOYEES. 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, such consent to not be unreasonably withheld by the
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.
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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.
36.
Force Majeure
Except for monetary obligations, if either party is unable, either in whole or part, to fulfill its
obligations under this Agreement due to acts of God; strikes, lockouts, or other industrial disturbances; acts
of public enemies; wars; blockades; insurrections; riots; pandemics, epidemics; public health crises;
earthquakes; fires; floods; restraints or prohibitions by any court, board, department, commission, or agency
of the United States or of any state; declaration of a state of disaster or of emergency by the federal, state,
county, or City government in accordance with applicable law; issuance of a Level Orange or Level Red
Alert by the United States Department of Homeland Security; any arrests and restraints; civil disturbances;
or explosions; or some other reason beyond the party's reasonable control (collectively, "Force Majeure
Event"), the obligations so affected by such Force Majeure Event will be suspended during the continuance
of such event and any deadlines applicable to such obligation will be extended for a period of time equal to
the time period such party was delayed due to the Force Majeure Event.
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Standard Community Facilities Agreement
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37.
Cost Summary Sheet
Project Name: Cattleman's Crossing Phase 2
CFA No.: 24-0105 City Project No.: 105042 IPRC No.: 23-0147
Ite ms
A. Water and Sewer Construction
1. Water Construction
2. Sewer Construction
Water and Sewer Construction Total
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%
Comnletion Aareement = 100% / Holds Plat
Cash Escrow Paving/Storm Drain = 125%
Letter of Credit = 125%
Fsrrrnm Plarina AnrPPmant - 17ri°/
City of Fort Worth, Texas
Standard Community Facilities Agreement
Rev. 9/21
Developer's Cost
$ 374,988.00
$ 467,730.00
$ 842,718.00
$ 993,795.50
$ 484,715.00
$ 115,228.00
$ -
$ 1,593,738.50
$ 2,436,456.50
$45,000.00
$7,840.00
$690.00
$ 53,530.00
Amount
2.436.456.50
Choice
fark on
X
1, 992,173.13
Page 13 of 19
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
Jesica McEachem
Assistant City Manager
Date: 02/24/2025
Recommended by:
Bichson Nguyen
Contract Compliance Specialist
Development Services
Approved as to Form & Legality:
Jackson Skinner
Assistant City Attorney
M&CNo.:N/A
Date: Feb 20, 2025
Form 1295: NIA
ATTEST:
Jannette S. Goodall
City Secretary
City of Fort Worth, Texas
Standard Community Facilities Agreement
Rev. 9/21
DEVELOPER
Ashton Dallas Residential L.L.C.,
a Texas limited liability company
Danj�5CST) Daniel Satsky
Vice President of Land Acquisition and
Development
Dat e: Feb 19, 2025
Contract Compliance Manager:
By signing, I acknowledge that I am the person
responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
Rebecca Owen (Feb 19, 2025 18:55 CST)
Rebecca Diane Owen
Development Manager
Page 14 of19
The following attachments are incorporated into this Agreement. To the extent a
conflict exists between the main body of this Agreement and the following attachments, the
language in the main body of this Agreement shall be controlling.
Included Attachment
� Attachment 1- Changes to Standard Community Facilities Agreement
0 Attachment 2— Phased CFA Provisions
❑ Attachment 3— Concurrent CFA Provisions
❑X Location Map
� Exhibit A: Water Improvements
� Exhibit A-1: Sewer Improvements
� Exhibit B: Paving Improvements
0 E�ibit B-1: Storm Drain Improvements
0 Exhibit C-1: Street Lights and Signs 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
ATTACHMENT "1"
Changes to Standard Community Facilities Agreement
City Project No. 105042
Negiotiated changes are incorporated 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. 105042
The Improvements being constructed by Developer pursuant to this Agreement will
connect to improvements Developer is constructing under one or more separate Community
Facilities Agreements 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 following separate
Community Facilities Agreements shall be defined as the "Parent Projects": Community Facilities
Agreement for Cattleman's Crossing Phase 1, CFA Number 23-0171 ("Phase 1 Parent Project")
and Community Facilities Agreement for Cattleman's Crossing Force Main & Lift Station, CFA
Number 24-0126 ("Force Main & Lift Station 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
improvements under 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 for Construction
Problems caused by the Phased CFA.
Developer further acknowledges and agrees that Developer has notified all of Developer's
contractors for the Project that Developer has elected to construct improvements under 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 Phase 1 Parent Project until the improvements in the Phase 1 Parent
Project have been constructed and accepted by the City and the City has consented to Developer
making the connection, which consent shall not be unreasonably withheld. Developer shall not
make the final connection of the improvements in the Child Project to the improvements in the
Force Main & Lift Station Parent Project until the improvements in the Force Main & Lift Station
Parent Project have been constructed and accepted by the City and the City has consented to
Developer making the connection, which consent shall not be unreasonably withheld.
City of Fort Worth, Texas Page 17 of 19
Standard Community Facilities Agreement
Rev. 9/21
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 further understands and agrees that completion of the Improvements under
this Agreement does not entitle Developer to obtain a final plat of the property for the Project 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. The parties understand that the Project is
one phase of a larger proposed development consisting of roughly 527 single-family homes in the
aggregate (inclusive of all phases) commonly known as Cattleman's Crossing (the
"Development"). The Developer intends to and may develop the Development in phases in its
discretion. The first phase of the Development is planned to consist of the first seventy-seven (77)
lots (including infrastructure associated therewith, "Phase 1"), the second phase of the
Development, also referred to herein as the Project, is planned to consist of approximately one-
hundred one (101) lots developed subsequent to Phase 1(including infrastructure associated
therewith, "Phase 2") and the last phase will consist of the remaining lots to be developed as part
of the Development (including any infrastructure associated therewith, "Phase 3"). As noted
above, the Force Main & Lift Station Parent Project will be completed prior to recording of a final
plat that includes any lot in Phase 2. Notwithstanding any statement to the contrary herein, in no
event will approval of plans, construction, and/or completion of (i) the Improvements for the
Project, (ii) the Force Main & Lift Station Parent Project, and/or (iii) any improvements or
infrastructure for Phase 3 be a condition to any plat approval for Phase 1, approval of construction
plans, permits, certificates of occupancy, acceptance of improvements, or any other approval
required for the Developer to begin and complete Phase 1. Further, this Project shall be the parent
project to Phase 3.
BY CHOOSING TO CONSTRUCT IMPROVEMENTS UNDER A PHASED CFA,
DEVELOPER ASSUMES ALL RISKS AND DEVELOPER SHALL BE LIABLE AND
RESPONSIBLE FOR ANY AND ALL DAMAGES, INCL UDING B UT NOT LIMITED TO
ANYANDALL ECONOMICDAMAGES, PROPERTYLOSS, PROPERTYDAMAGESAND
PERSONAL INJURY, (INCLUDING DEATH), OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED RELATED TO CONSTRUCTION PROBLEMS.
DEVELOPER HEREBY EXPRESSLY RELEASES AND DISCHARGES CITY FROM ANY
AND ALL LIABILITY FOR DAMAGES, INCLUDING, BUT NOT LIMITED TO ANYAND
ALL ECONOMICDAMAGES, PROPERTYLOSS, PROPERTYDAMAGEAND PERSONAL
INJURY (INCL UDING DEATH) ARISING OUT OF OR IN CONNECTION WITH,
DIRECTL Y OR INDIRECTL Y, THE CONSTR UCTION OF THE IMPROVEMENTS AS
PART OF A PHASED CFA OR DEVELOPER'S DECISION TO CONSTRUCT
IMPROVEMENTS UNDER 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 LA W OR IN EQUITY), LIABILITIES, DAMAGES (INCL UDING ANYAND
ALL ECONOMIC DAMAGES, PROPERTY LOSS, PROPERTY DAMAGES AND
PERSONAL INJURIES INCLUDING DEATH), LOSSES, LIENS, CAUSES OF ACTION,
SUITS, JUDGMENTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, COURT
City of Fort Worth, Texas Page 18 of 19
Standard Community Facilities Agreement
Rev. 9/21
COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION), OF ANY NATURE,
KIND OR DESCRIPTION ARISING OR ALLEGED TO ARISE (1) BY OR IN ANY WAY
RELATED TO CONSTR UCTION PROBLEMS IN CONSTR UCTION OF THE
IMPROVEMENTS OR DEVELOPER'S CHOICE TO CONSTRUCT IMPROVEMENTS
UNDER 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 CONSTRUCTION OF THE IMPROVEMENTS OR
DEVELOPER'S CHOICE TO CONSTRUCT THE IMPROVEMENTS UNDER A PHASED
CFA.
DEVELOPER
Ashton Dallas Residential L.L.C.,
a Texas limited liability company
�
Danie atsky eb 19, 2 25 16:57 CST)
Daniel Satsky
Vice President of Land Acquisition and Development
Date:
Feb 19, 2025
City of Fort Worth, Texas Page 19 of 19
Standard Community Facilities Agreement
Rev. 9/21
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00 42 43
DAP-BID PROPOSAL
Yuge 1 of6
SECTION 00 42 43
Developer Awarded Projects - PROPOSAL FORM
UNIT PRICE BID
Bidder's Application
Projec[ Item Informa[ion B�dder's Proposal
Bidlist Description Speci£ication Section No. Unit of B�d Unit P�ice Bid Value
Item No. Measu�e Quant�ry
UNIT 1: WATER IMPROVEMENTS
1 0241.1118 4" - 12" Pressure Plug 02 41 14 EA 3 $1,000.00 $3,000.00
2 3305.0109 Trench Safety 33 05 10 LF 2,776 $1.00 $2,776.00
3 3311.0001 Ductile Iron Water Fittings w/ Restraint 33 11 11 TON 0.2 $9,500.00 $1,900.00
4 3311.0261 8" PVC Water Pipe 33 11 12 LF 2,776 $62.00 $172,112.00
5 3312.0001 Fire Hydrant w/ Gate Valve 33 12 40 EA 4 $6,500.00 $26,000.00
6 3312.2003 1" Water Service (Domestic) 33 12 10 EA 101 $1,400.00 $141,400.00
7 3312.2003 1" Water Service (Future Domestic) 33 12 10 EA 2 $1,400.00 $2,800.00
8 3312.3003 8" Gate Valve 8� Box 33 12 20 EA 9 $2,500.00 $22,500.00
9 3471.0013 Traffic Control 34 71 13 EA 1 $2,500.00 $2,500.00
10
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18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
TOTAL UNIT 1: WATER IMPROVEMENTS $374,988.00
C]TY OF FORT WORTH
STANDAI2D CUNSTKUC.'TION SYECIFICATION llOCUMENTS - llEVELUk'EI2 AWAKIJEll YKOIECTS
Fom� Version May 22, 2019 CAT11,8MANS CROSSING PHASE 2
00 42 43
DAP-BID PROPOSAL
Yuge 2 of 6
SECTION 00 42 43
Developer Awarded Projects - PROPOSAL FORM
UNIT PRICE BID
Bidder's Application
Projec[ Item Informa[ion B�dder's Proposal
Bidlist Description Speci£ication Section No. Unit of B�d Unit P�ice Bid Value
Item No. Measu�e Quant�ry
UNIT 2: SANITARY SEWER IMPROVEMENTS
1 3301.0002 Post-CCTV Inspection 33 01 31 LF 3,359 $4.00 $13,436.00
2 3301.0101 Manhole Vacuum Testing 33 01 30 EA 11 $200.00 $2,200.00
3 3305.0109 Trench Safety 33 O5 10 LF 3,359 $2.00 $6,718.00
4 3305.0202 Im orted Embedment/Backfill, CSS 33 05 10 LF 260 $40.00 $10,400.00
5 3331.3101 4" Sewer Service 33 31 50 EA 101 $900.00 $90,900.00
6 3331.3101 4" Sewer Service Future 33 31 50 EA 2 $900.00 $1,800.00
7 3331.4115 8" Sewer Pipe 33 31 20 LF 2,746 $74.00 $203,204.00
8 3331.4201 10" Sewer Pipe 33 11 1Q 33 31 12, 33 31 20 LF 613 $84.00 $51,492.00
9 3339.0001 E ox Manhole Liner 33 39 60 VF 18 $485.00 $8,730.00
10 3339.1001 4' Manhole 33 39 10 EA 11 $5,000.00 $55,000.00
11 3339.1003 Extra Depth Manhole (> 6.0') 33 39 10 VF 46 $225.00 $10,350.00
12 3471.0013 Traffic Control 34 71 13 MO 1 $2,500.00 $2,500.00
13 9999.0001 Connect to Existing 8" Sewer Main 00 00 00 EA 2 $3,500.00 $7,000.00
14 9999.0002 Connect to Existing 10" Sewer Main 00 00 00 EA 1 $4,000.00 $4,000.00
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20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
TOTAL UNIT 2: SANITARY SEWER IMPROVEMENTS $467,730.00
C]TY OF FORT WORTH
STANDAI2D CUNSTKUC.'TION SYECIFICATION llOCUMENTS - llEVELUk'EI2 AWAKIJEll YKOIECTS
Fom� Version May 22, 2019 CAT11,8MANS CROSSING PHASE 2
00 42 43
DAP-BID PROPOSAL
Yuge 3 of 6
SECTION 00 42 43
Developer Awarded Projects - PROPOSAL FORM
UNIT PRICE BID
Bidder's Application
Projec[ Item Informa[ion B�dder's Proposal
Bidlist Description Speci£ication Section No. Unit of B�d Unit P�ice Bid Value
Item No. Measu�e Quant�ry
UNIT 3: DRAINAGE IMPROVEMENTS
1 3125.0101 SWPPP >_ � Acre 31 25 00 LS 1 $5,500.00 $5,500.00
2 3305.0109 Trench Safety 33 05 10 LF 2,720 $1.00 $2,720.00
3 3341.0201 21" RCP, Class III 33 41 10 LF 218 $85.00 $18,530.00
4 3341.0205 24" RCP, Class III 33 41 10 LF 950 $95.00 $90,250.00
5 3341.0208 27" RCP, Class III 33 41 10 LF 495 $100.00 $49,500.00
6 3341.0302 30" RCP, Class III 33 41 10 LF 50 $110.00 $5,500.00
7 3341.0312 36" RCP, Class III 33 41 10 LF 290 $155.00 $44,950.00
8 3341.0402 42" RCP, Class III 33 41 10 LF 480 $180.00 $86,400.00
9 3341.0409 48" RCP, Class III 33 41 10 LF 237 $245.00 $58,065.00
10 3349.0001 4' Storm Junction Box 33 49 10 EA 4 $6,500.00 $26,000.00
11 3349.0002 5' Storm Junction Box 33 49 10 EA 2 $7,500.00 $15,000.00
12 3349.5001 10' Curb Inlet 33 49 20 EA 12 $4,600.00 $55,200.00
13 3349.500215'Curbinlet 334920 EA 2 $5,600.00 $11,200.00
14 3349.7001 4' Drop Inlet 33 49 20 EA 1 $6,500.00 $6,500.00
15 9999.0003 21" Sloping Headwall 00 00 00 EA 2 $4,000.00 $8,000.00
16 9999.0004 27" Storm Plug 00 00 00 EA 1 $750.00 $750.00
17 9999.0005 24" Storm Plug 00 00 00 EA 1 $650.00 $650.00
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20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
TOTAL UNIT 3: DRAINAGE IMPROVEMENTS $484,715.00
C]TY OF FORT WORTH
STANDAI2D CUNSTKUC.'TION SYECIFICATION llOCUMENTS - llEVELUk'EI2 AWAKIJEll YKOIECTS
Fom� Version May 22, 2019 CAT11,8MANS CROSSING PHASE 2
00 42 43
DAP-BID PROPOSAL
Yuge 4 of 6
SECTION 00 42 43
Developer Awarded Projects - PROPOSAL FORM
UNIT PRICE BID
Bidder's Application
Projec[ Item Informa[ion B�dder's Proposal
Bidlist Description Speci£ication Section No. Unit of B�d Unit P�ice Bid Value
Item No. Measu�e Quant�ry
UNIT 4: PAVING IMPROVEMENTS
1 3211.0400 Hydrated Lime 32 11 29 TON 255 $275.00 $70,125.00
2 3211.0501 6" Lime Treatment 32 11 29 SY 12,730 $4.25 $54,102.50
3 3213.0101 6" Conc Pvmt 32 13 13 SY 11,573 $68.00 $786,964.00
4 3213.0302 4" Conc Sidewalk B Develo er 32 13 20 SF 952 $5.25 $4,998.00
5 3213.0506 Barrier Free Ramp, Type P-1 33 13 20 EA 12 $2,400.00 $28,800.00
6 3291.0100 Topsoil 32 91 19 CY 20 $28.00 $560.00
7 3292.0100 Block Sod Placement 32 92 13 SY 117 $8.00 $936.00
8 3292.0400 Seeding, Hydromulch (Open Space) 32 92 13 SY 14,680 $2.00 $29,360.00
9 3441.4003 Furnish/Install Alum Sign Ground Mount City Std. 34 41 30 EA 5 $850.00 $4,250.00
10 3471.0001 Traffic Control 34 71 13 MO 1 $3,500.00 $3,500.00
11 9999.0006 Install EOR Barricade 00 00 00 EA 3 $1,200.00 $3,600.00
12 9999.0007 Remove EOR Barricade 00 00 00 EA 2 $800.00 $1,600.00
13 9999.0008 Connect to Exist Pavement 00 00 00 EA 2 $2,500.00 $5,000.00
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20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
TOTAL UNIT 4: PAVING IMPROVEMENTS $993,795.50
C]TY OF FORT WORTH
STANDAI2D CUNSTKUC.'TION SYECIFICATION llOCUMENTS - llEVELUk'EI2 AWAKIJEll YKOIECTS
Fom� Version May 22, 2019 CAT11,8MANS CROSSING PHASE 2
00 42 43
DAP-BID PROPOSAL
Yuge i of 6
SECTION 00 42 43
Developer Awarded Projects - PROPOSAL FORM
UNIT PRICE BID
Bidder's Application
Projec[ Item Informa[ion B�dder's Proposal
Bidlist Description Speci£ication Section No. Unit of B�d Unit P�ice Bid Value
Item No. Measu�e Quant�ry
UNIT 5: STREET LIGHTING IMPROVEMENTS
1 2605.3015 2" CONDT PVC SCH 80 T 26 05 33 LF 526 $16.00 $8,416.00
2 3441.1410 NO 101nsulated Elec Condr 3441 10 LF 1,578 $4.00 $6,312.00
3 3441.1646 Furnish/Install T e 33B Arm 34 41 20 EA 15 $950.00 $14,250.00
4 3441.3050 Furnish/Install LED Lighting Fixture (70 watt ATBO 34 41 20 EA
Cobra Head 15 $950.00 $14,250.00
5 3441.3301 Rdw Illum Foundation TY 1 2 and 4 34 41 20 EA 15 $1,800.00 $27,000.00
6 3441.3351 Furnish/Install Rdwa Illum TY 11 Pole 34 41 20 EA 15 $3,000.00 $45,000.00
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20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
TOTAL UNIT 5: STREET LIGHTING IMPROVEMENTS $115,228.00
C]TY OF FORT WORTH
STANDAI2D CUNSTKUC.'TION SYECIFICATION llOCUMENTS - llEVELUk'EI2 AWAKIJEll YKOIECTS
Fom� Version May 22, 2019 CAT11,8MANS CROSSING PHASE 2
00 42 43
DAP-BID PROPOSAL
Yuge 6 of 6
UNIT PRICE BID
Bidder's Application
Pmjec[ Item Informa[ion Bidder's Pmposal
B�dlist Desaiption Speci£ication Section No. Unit of B�d Unit P�ice Bid Value
Item No. Measu�e Quant�ry
Bid Summary
TOTAL UNIT 1: WATER IMPROVEMENTS $374,988.00
TOTAL UNIT 2: SANITARY SEWER IMPROVEMENTS $467,730.00
TOTAL UNIT 3: DRAINAGE IMPROVEMENTS $484,715.00
TOTAL UNIT 4: PAVING IMPROVEMENTS $993,795,50
TOTAL UNIT 5: STREET LIGHTING IMPROVEMENTS $115,228.00
Total Construction Bid $2,436,456.50
This Bid is sobmitted by the entity named below:
BIDDER:
CONATSER NCONSTRUCTION TX, LP.
5327 Wichita St
Ft Wortli, TX 76119
By; Brocl uggins
J `
TITLE: president
DATE: 06/06/24
Contractm• agrees to complete WORK fm• FINAL ACCEPT9NCE within 120
CONTRACT commences to ruo as provided io the Geoeral Conditions.
END OF SECTION
SECTION 00 42 43
Developer Awarded Projects - PROPOSAL FORM
wm•king days after the date when the
CITY OF FORT WORTH
STAMJAI2D CUNSTKUC.'TION SYECIFICATION llOCUMENTS - llEVELOk'ER AWFilUJEll YROlECTS
Fom� Version May 22, 2019 CAT11,8MANS CROSSING PHASE 2