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HomeMy WebLinkAboutContract 62976Received Date: 3/17/2025 Received Time: 1 0 : 26 a.m. Developer and Project Information Cover Sheet: Developer Company Name Address, State, Zip Code: Phone & Email: Authorized Signatory, Title: Project Name: Brief Description: Project Location: Plat Case Number: Mapsco: CFA Number: None Provided 641 R/L 25-0013 Forestar (USA) Real Estate Group Inc. 2221 E. Lamar Blvd., Suite 790, Arlington, TX 76006 682-321-9380; StenhenBrim(Oorestar.com Stephen Brim, Vice President Trails of Elizabeth Creek, Phase 10 Water, Sewer, Storm Drain, Paving, and Street Lights Improvements West of Charging Cross Dr. & south of SH 114 Plat Name: None Provided Council District: 10 City Project Number: 105740 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Page 1 of 16 Standard Community Facilities Agreement Rev. 9/21 City Contract Number: 62976 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 Forestar (USA) Real Estate Group Inc. ("Developer"), a Delaware corporation, 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 Trails of Elizabeth Creek, Phase 10 ("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 16 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: E Exhibit A: Water E Exhibit A-1: Sewer E Exhibit B: Paving E Exhibit 13-1: Storm Drain E 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, B, C, D, E, 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 16 Standard Community Facilities Agreement Rev. 9/21 not reduce the amount of the Financial Guarantee unless authorized by the City in accordance with the CFA Ordinance. 6. Completion Deadline; Extension Periods This Agreement shall be effective on the date this Agreement is executed by the City's Assistant City Manager ("Effective Date"). Developer shall complete construction of the Improvements and obtain the City's acceptance of the Improvements within two (2) years of the Effective Date ("Term"). If construction of the Improvements has started during the Term, the Developer may request that this Agreement be extended for an additional period of time ("Extension Period"). All Extension Periods shall be agreed to in writing by the City and the Developer as set forth in a written amendment to this Agreement. In no event shall the Term of this Agreement plus any Extension Periods be for more than three years. 7. Failure to Construct the Improvements (a) The City may utilize the Developer's Financial Guarantee to cause the completion of the construction of the Improvements if at the end of the Term, and any Extension Periods, the Improvements have not been completed and accepted by the City. (b) The City may utilize the Developer's Financial Guarantee to cause the completion of the construction of the Improvements or to cause the payment of costs for construction of the Improvements before the expiration of the Term, and any Extension Period, if the Developer breaches this Agreement, becomes insolvent, or fails to pay costs of construction. (c) If the Financial Guarantee is a Completion Agreement and the Developer's contractors or suppliers are not paid for construction costs or materials supplied for the Improvements the contractors and suppliers may place a lien upon any property which the City does not have an ownership interest that is the subject of the Completion Agreement. (d) Nothing contained herein is intended to limit the Developer's obligations under the CFA Ordinance, this Agreement, the Financial Guarantee, Developer's agreements with Developer's contractors, or other related agreements. 8. Termination If Developer desires to terminate this Agreement before Developer's contractors begin constructing the Improvements, Developer agrees to the following: (a) that Developer and City must execute a termination of this Agreement in writing; (b) that Developer will vacate any final plats that have been filed with the county where the Project is located; and (c) to pay to the City all costs incurred by the City in connection with this Agreement, including time spent by the City's inspectors at preconstruction meetings. City of Fort Worth, Texas Page 4 of 16 Standard Community Facilities Agreement Rev. 9/21 9. Award of Construction Contracts (a) Developer will award all contracts for the construction of the Improvements and cause the Improvements to be constructed in accordance with the CFA Ordinance. (b) Developer will employ construction contractors who meet the requirements of the City to construct the Improvements including, but not limited, to being prequalified, insured, licensed and bonded to construct the Improvements in the City. (c) Developer will require Developer's contractors to provide the City with payment and performance bonds naming the City and the Developer as dual obligees, in the amount of one hundred percent (100%) of the cost of the Improvements as required by the CFA Ordinance. The payment and performance bonds shall guarantee construction of the Improvements and payment of all subcontractors and material suppliers. Developer agrees to require Developer's contractors to provide the City with a maintenance bond naming the City as an obligee, in the amount of one hundred percent (100%) of the cost of the Improvements, that guarantees correction of defects in materials and workmanship for the Improvements by the contractor and surety for a period of two (2) years after completion and final acceptance of the Improvements by the City. All bonds must be provided to the City before construction begins and must meet the requirements of the City's Standard Conditions, Chapter 2253 of the Texas Government Code, and the Texas Insurance Code. (d) Developer will require Developer's contractors to provide the City with insurance equal to or in excess of the amounts required by the City's standard specifications and contract documents for developer -awarded infrastructure construction contracts. The City must be named as an additional insured on all insurance policies. The Developer must provide the City with a Certificate of Insurance (ACORD or form approved by the State of Texas), supplied by each contractor's insurance provider, which shall be made a part of the Project Manual. (e) Developer will require the Developer's contractors to give forty-eight (48) hours' advance notice of their intent to commence construction of the Improvements to the City's Construction Services Division so that City inspection personnel will be available. Developer will require Developer's contractors to allow construction of the Improvements to be subject to inspection at any and all times by the City's inspectors. Developer will require Developer's contractors to not install or relocate any sanitary sewer, storm drain, or water pipe unless a City inspector is present and gives consent to proceed, and to allow such laboratory tests as may be required by the City. (f) Developer will not allow Developer's contractors to begin construction of the Improvements until a notice to proceed to construction is issued by the City. (g) Developer will not allow Developer's contractors to connect buildings to service lines of sewer and water mains constructed pursuant to this Agreement, if any, until said sewer, water mains and service lines have been completed to the satisfaction of the City. 10. Utilities Developer shall cause the installation or adjustment of utilities required to: (1) serve the Project; and (2) to construct the Improvements required herein. City shall not be responsible for payment of any City of Fort Worth, Texas Page 5 of 16 Standard Community Facilities Agreement Rev. 9/21 costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with any of the Improvements to be constructed pursuant to this Agreement. 11. Easements and Rights -of -Way Developer agrees to provide, at its expense, all necessary rights -of -way and easements required for the construction and dedication to the City of the Improvements provided for by this Agreement. 12. Liability and Indemnification (a) DEVELOPER HEREBY RELEASES AND AGREES TO INDEMNIFY, DEFEND AND HOLD THE CITY HARMLESS FOR ANY INADEQUACIES IN THE PRELIMINARY PLANS, SPECIFICATIONS, ENGINEERING PLANS, AND COST ESTIMATES SUPPLIED BY THE DEVELOPER FOR THIS AGREEMENT. (b) THE DEVELOPER COVENANTS AND AGREES TO, AND BY THESE PRESENTS DOES HEREBY FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM ALL SUITS, ACTIONS OR CLAIMS OF ANY CHARACTER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ONACCOUNT OFANYINJURIES OR DAMAGES SUSTAINED BYANYPERSONS, INCLUDING DEATH, OR TO ANY PROPERTY, RESULTING FROM OR IN CONNECTION WITH THE CONSTRUCTION, DESIGN, PERFORMANCE OR COMPLETION OF ANY WORK TO BE PERFORMED BY SAID DEVELOPER, ITS CONTRACTORS, SUBCONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, OR IN CONSEQUENCE OF ANY FAILURE TO PROPERLY SAFEGUARD THE WORK, OR ONACCOUNT OFANYACT, INTENTIONAL OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID DEVELOPER, ITS CONTRACTORS, SUB -CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, WHETHER OR NOT SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS, SERVANTS, OR EMPLOYEES. (c) DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, SUITS OR CAUSES OF ACTION OF ANY NATURE WHATSOEVER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ON ACCOUNT OF ANY INJURIES OR DAMAGES TO PERSONS OR PROPERTY, INCLUDING DEATH, RESULTING FROM, OR INANY WAY CONNECTED WITH, THE CONSTRUCTION OF THE IMPROVEMENTS CONTEMPLATED HEREIN, WHETHER OR NOT SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS, SERVANTS, OR EMPLOYEES. FURTHER, DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES SUFFERED BY THE CITY OR CAUSED AS A RESULT OF SAID CONTRACTORS' FAILURE TO COMPLETE THE WORK AND CONSTRUCT THE IMPROVEMENTS IN A GOOD AND WORKMANLIKE MANNER, FREE FROM DEFECTS, IN CONFORMANCE WITH THE CFA ORDINANCE, AND INACCORDANCE WITH ALL PLANS AND SPECIFICATIONS. City of Fort Worth, Texas Page 6 of 16 Standard Community Facilities Agreement Rev. 9/21 13. Right to Enforce Contracts Upon completion of all work associated with the construction of the Improvements, Developer will assign to the City a non-exclusive right to enforce the contracts entered into by Developer with its contractors, along with an assignment of all warranties given by the contractors, whether express or implied. Further, Developer agrees that all contracts with any contractor shall include provisions granting to the City the right to enforce such contracts as an express intended third -party beneficiary of such contracts. 14. Estimated Fees Paid by Developer; Reconciliation Prior to execution of this Agreement, Developer has paid to the City the estimated cost of administrative material testing service fees, construction inspection service fees, and water testing lab fees in the amounts set forth in the Cost Summary section of this Agreement. Upon completion of the construction of the Improvements, the City will reconcile the actual cost of administrative material testing service fees, construction inspection service fees, and water testing lab fees with the estimated fees paid by Developer. If the actual costs of the fees are more than the estimated payments made by the Developer, the Developer must pay the difference to the City before the Improvements will be accepted by the City. If the actual costs of the fees are less than the estimated payments made by the Developer, the City will refund the difference to the Developer. If the difference between the actual costs and the estimated payments made by the Developer is less than fifty dollars ($50.00), the City will not issue a refund and the Developer will not be responsible for paying the difference. The financial guarantee will not be released by the City or returned to the Developer until reconciliation has been completed by the City and any fees owed to the City have been paid by the Developer. 15. Material Testing The City maintains a list of pre -approved material testing laboratories. The Developer must contract with material testing laboratories on the City's list. Material testing laboratories will provide copies of all test results directly to the City and the Developer. If the Improvements being constructed fail a test, the Developer must correct or replace the Improvements until the Improvements pass all retests. The Developer must pay the material testing laboratories directly for all material testing and retesting. The City will obtain proof from the material testing laboratories that the material testing laboratories have been paid in full by the Developer before the City will accept the Improvements. 16. Notices All notices required or permitted under this Agreement may be given to a party by hand - delivery or by mail, addressed to such party at the address stated below. Any notice so given shall be deemed to have been received when deposited in the United States mail so addressed with postage prepaid: CITY: Development Services Contract Management Office City of Fort Worth City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 DEVELOPER: Forestar (USA) Real Estate Group Inc. 2221 E. Lamar Blvd., Ste. 790 Arlington, TX 76006 Page 7 of 16 100 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 Attention: Stephen Brim Email: StephenBrim(cr�,forestar.com 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 City of Fort Worth, Texas Page 8 of 16 Standard Community Facilities Agreement Rev. 9/21 responsible for the acts and omissions of its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer acknowledges that the doctrine of respondeat superior shall not apply as between the City and its officers, representatives, agents, servants and employees, and Developer and its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Developer. It is further understood that the City shall in no way be considered a co -employer or a joint employer of Developer or any employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers of Developer. Neither Developer, nor any officers, agents, servants, employees or subcontractors of Developer shall be entitled to any employment benefits from the City. Developer shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. The City, through its authorized representatives and employees, shall have the sole and exclusive right to exercise jurisdiction and control over City employees. 19. Applicable Law; Venue This Agreement shall be construed under and in accordance with Texas law. Venue shall be in the state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 20. Non -Waiver The failure of the City to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely on any such term or right on any fixture occasion. 21. Governmental Powers and Immunities. It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities. 22. Headings The paragraph headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. 23. Severability In the event that any clause or provision of this Agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not affect any of the remaining provisions hereof. City of Fort Worth, Texas Page 9 of 16 Standard Community Facilities Agreement Rev. 9/21 24. Review of Counsel City and Developer, and if they so choose, their attorneys, have had the opportunity to review and comment on this document; therefore any rule of contract construction or interpretation that would normally call for the document to be interpreted as against the drafting party shall not apply in interpretation of this Agreement, and each section, portion, and provision of this Agreement shall be construed solely on the basis of the language contained therein, regardless of who authored such language. 25. Prohibition on Boycotting Israel Developer acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company with 10 or more full-time employees that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 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 City of Fort Worth, Texas Page 10 of 16 Standard Community Facilities Agreement Rev. 9/21 the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 28. Immigration and Nationality Act Developer shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Developer shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Developer shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Developer employee who is not legally eligible to perform such services. DEVELOPER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY DEVELOPER, DEVELOPER'SEMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Developer, shall have the right to immediately terminate this Agreement for violations of this provision by Developer. 29. Amendment No amendment, modification, or alteration of the terms of this Agreement shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by the City and Developer. 30. Assignment and Successors Developer shall not assign or subcontract all or any part of its rights, privileges, or duties under this Agreement without the prior written consent of City. Any attempted assignment or subcontract without the City's prior written approval shall be void and constitute a breach of this Agreement. 31. No Third -Party Beneficiaries The provisions and conditions of this Agreement are solely for the benefit of the City and Developer, and any lawful assign or successor of Developer, and are not intended to create any rights, contractual or otherwise, to any other person or entity. 32. Compliance with Laws, Ordinances, Rules and Regulations Developer, its officers, agents, servants, employees, and contractors, shall abide by and comply with all laws, federal, state and local, including all ordinances, rules and regulations of City. It is agreed and understood that, if City calls to the attention of Developer any such violation on the part of Developer or any of its officers, agents, servants, employees, or subcontractors, then Developer shall immediately desist from and correct such violation. City of Fort Worth, Texas Page 11 of 16 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 16 Standard Community Facilities Agreement Rev. 9/21 36. Cost Summary Sheet Project Name: Trails of Elizabeth Creek, Phase 10 CFA No.: 25-0013 Items A. Water and Sewer Construction 1. Water Construction 2. Sewer Construction Water and Sewer Construction Total City Project No.: 105740 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 Agreement = 100% / Holds Plat Cash Escrow Water/Sanitary Sewer= 125% Cash Escrow Paving/Storm Drain = 125% Letter of Credit = 125% Escrow Pledge Agreement = 125% Developer's Cost $ 363,758.90 $ 364,302.16 $ 728,061.06 $ 745,291.15 $ 301,340.50 $ 122,092.52 $ 1,168,724.17 $ 1,896,785.23 $46,575.00 $6,890.00 $945.00 $ 54,410.00 IPRC No.: 24-0181 Choice Amount (Mark one $ 1,896,785.23 X $ 1,896,785.23 $ 910,076.33 $ 1,460,905.21 $ 2,370,981.54 $ 2,370,981.54 City of Fort Worth, Texas Page 13 of 16 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 Jesica McEachern Assistant City Manager Date: 03/17/2025 Recommended by: Bichson Nguyen Sr. Contract Compliance Specialist Development Services Approved as to Form & Legality: Jackson Skinner Assistant City Attorney M&C No.: N/A Date: 03/14/2025 Form 1295: N/A ppavUUUL �,G�F FORT�ad ° p0 ATTEST: ` ono oxo n oo KX t4-p Jannette S. Goodall City Secretary City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 DEVELOPER Forestar (USA) Real Estate Group Inc. a Delaware Corporation Sfe,al7eh Brun Stephen brim (Mar 14, 2025 08:55 CDT) Stephen Brim Vice President Date: 03/14/2025 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 (Mar 14, 2025 09:40 CDT) Rebecca Diane Owen Development Services Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 14 of 16 The following attachments are incorporated into this Agreement. To the extent a conflict exists between the main body of this Agreement and the following attachments, the language in the main body of this Agreement shall be controlling. Included Attachment © Attachment 1 - Changes to Standard Community Facilities Agreement ❑ Attachment 2 — Phased CFA Provisions ❑ Attachment 3 — Concurrent CFA Provisions X❑ Location Map © Exhibit A: Water Improvements X❑ Exhibit A-1: Sewer Improvements © Exhibit B: Paving Improvements © Exhibit B-1: Storm Drain Improvements © Exhibit C-1: Street Lights and Signs Improvements © Cost Estimates (Remainder of Page Intentionally Left Blank) City of Fort Worth, Texas Page 15 of 16 Standard Community Facilities Agreement Rev. 9/21 ATTACHMENT "I" Changes to Standard Community Facilities Agreement City Project No. 105740 None City of Fort Worth, Texas Page 16 of 16 Standard Community Facilities Agreement Rev. 9/21 PROJECT LOCATION` J EXISTING PHASE 7 CPN 102285 I/ EXISTING PHASE 8 � CPN 102608 \� OWNED/DEVELOPED BY: FORESTAR (USA) REAL ESTATE GROUP, INC. 2221 LAMAR BLVD., SUITE 790 ARLINGTON, TEXAS 76006 KEVIN LAZARES PHONE: (972) 341-2906 EXISTING PHASE 5 CPN 103331 lug / MF�IIIIIIIIIIIIIIIIIIIIII111111111111I UL IIIIIIIIIIIIIIIII — EXISTING PHASE 1''I��I��I��I����' CPN 101I126 STATE HIG4AY NO. 114) o 1 1 TRAILS OF ELIZABETH CREEK PHASE 10 CITY PROJECT NO. 105740 MAPSCO NO.641R/L COUNCIL DISTRICT 10 EXISTING PHASI CPN 101880 o I II EXIS CPN EXISTING PHASE 4 CPN 102801 EXISTING PH CPN 10333. LJA Engineering, Inc. 6060 North Central Expressway Suite 400 Dallas, Texas 75206 SCALE:1" = 1500' � E�jZABETN 'Z� LJA Phone 469.621.0710 FRN - F-1386 WATER EXHIBIT'A' LEGEND PROPOSED WATER LINE EXISTING WATER LINE W LIMITS OF PROJECT — — 30' PIPELINE EASEMENT C.C.#2004-53748 EXISTING STATE HIGHWAY NO. 114 /---r--- EXISTING 56 55 I TRAILS OF ELIZABETH R.P.R.D.C.T. / / _ 5a 12 CREEK THE ATCHISON, PHASE 1 TOPEKA, AND / / / _ 53 I CPN 101 126 SANTA FIE RAILWAY COMPANY 22 21 52 45' PIPELINE & ROAD / / / 23 51 EASEMENT / / / / I WARLEY TERRACE C.C.# 2004-53748 / / Q `p'24 20 �c 1 ' of R.P.R.D.C.T. / / / 25 8" WL 20 1 / 26 19 O 50 30 PIPELINE EASEMENT / / V' VOL. 4950, PG. 1329 / / / 27 60 18 I 2kXR R.P.R.D.C.T. / / 49 28 49 I 1 29 m EXISTIN ,7 G 8" WL / / / �( I a I 48 TRAILS OF ELIZABETH / / d" CREEK PHASE 1 / / / �CqA 30 1 16 CPN 101126 3�� COG / 31 34�� 33 32 2 3 / / 1 26 � 4 5 6 4s Ru'q 7 / 27 ROAD 8x / 28 / / 29 T / 30 31 EXISTING 8" WL TRAILS OF ELIZABETH CREEK PHASE 7 \ CPN 102285 \ X-26211 W EXISTING FIRE HYDRANT TO BE RELOCATED TRAILS OF ELIZABETH CREEK PHASE 7 CPN 102285 OWNED/DEVELOPED BY: FORESTAR (USA) REAL ESTATE GROUP, INC. 2221 LAMAR BLVD., SUITE 790 ARLNGTON, TEXAS 76006 KEVIN LAZARES PHONE: (972) 341-2906 32 33 EXISTING TRAILS OF ELIZABETH CREEK PHASE 7 CPN 102285 TRAILS OF ELIZABETH CREEK PHASE 10 CITY PROJECT NO. 105740 47 15 1 I 46 14 13 12 11 37 38 as 43 42 41 1 I 40 LJA Engineering, Inc. 6060 North Central Expressway Suite 400 Dallas, Texas 75206 LJA Phone 469.621.0710 FRN - F-1386 WASTEWATER EXHIBIT'A-l' LEGEND PROPOSED SEWER WITH MANHOLE EXISTING STATE HIGHWAY NO. 114 PROPOSED FLOW DIRECTION EXISTING SEWER WITH MANHOLE ss ss / — — I EXISTING LIMITS OF PROJECT — — / I TRAILS OF 30' PIPELINE EASEMENT - y 56 55 1 ELIZABETH C.C.#2004-53748 / CREEK R.P.R.D.C.T. / / /54 1 PHASE 1 THE ATCHISON, TOPEKA, AND SANTA FE RAILWAY COMPANY 45' PIPELINE & ROAD EASEMENT C.C.# 2004-53748 R.P.R.D.C.T. 30' PIPELINE EASEMENT VOL. 4950, PG. 1329 R.P.R.D.C.T. 2 26 1R / CPN 101126 53 22 21 52 23 I 51 24 l WARLEY TERRACE 25 zo Imo_ 3V / �9- 26 19 W 50 I s yg� z 27 —1 I 60 18 O 49 I XR 28 p_ a i �s 29 17 W 4s o_ I � r W 47 /350+ m Q 31 15 � 46 29 / 30 / 31 /32Ifl-14 \ EXISTING MANHOLE EXISTING TRAILS OF ELIZABETH SEWER & MANHOLE35 CREEK PHASE 7 /,TO BE REMOVED CPN 102285 / / TRAILS OF ELIZABETH CREEK PHASE 7 X-26211 I / CPN 102285 X-26211 EXISTING TRAILS OF � ELIZABETH CREEK ss �'� ss � � PHASE 7 CPN 102285 OWNED/DEVELOPED BY: FORESTAR (USA) REAL ESTATE GROUP, INC. 2221 LAMAR BLVD., SUITE 790 ARLNGTON, TEXAS 76006 KEVIN LAZARES PHONE: (972) 341-2906 TRAILS OF ELIZABETH CREEK PHASE 10 CITY PROJECT NO. 105740 14 45 13 I 44 12 43 11 I I 42 10 4' VE (40� I 36 37 38 I LJA Engineering, Inc. 6060 North Central Expressway Suite 400 Dallas, Texas 75206 0 Ul C LJA Phone 469.621.0710 FRN - F-1386 PAVING IMPROVEMENTS EXHIBIT H LEGEND EXISTING STATE HIGHWAY NO. 114 30' PIPELINE EASEMENT PROPOSED 6" CONCRETE C.C.#2004-53748 ROADWAY R.P.R.D.C.T. PROPOSED 7.5" CONCRETE ROADWAY /� �.�-------- Imo_ --- PROPOSED SIDEWALK X (BY HOMEBUILDER) PROPOSED SIDEWALK ' ' / / / 56 55 (BY DEVELOPER) //� / 54 125XR PROPOSED ADA RAMPS / -- EXISTING TRAILS (BY DEVELOPER) 53 OF LIMITS OF PROJECT — — / / / �� ELIZABETH CREEK 22 21 52 PHASE 1 THE ATCHISON, CPN 101 126 / / Q� TOPEKA, AND / / 23 I 51 SANTA FE RAILWAY / / �� / 24 WARLEY TERRACE/ COMPANY 25 I 20 45' PIPELINE & ROAD / /25 / -7EASEMENT / / � / 26 19 I 50 C.C.# 2004-53748 / R.P.R.D.C.T. 27 so 18 30' PIPELINE EASEMENT / /� 28 29 a VOL. 4950, PG. 1329 / I 17 0 R.P.R.D.C.T. a: 36 30 0 35 �� J 15 �. 31 F 300, 33 32 14 2 13 3 26 N��" 1R / 4 5 \ 6 7 X28 RUB1CC \ / EXISTING CUL—DE—SAC 29 / 30 TO BE REMOVED 31 TRAILS OF ELIZABETH 32 CREEK PHASE 7 CPN 102285 X-2621 1 — EXISTING PAVEMENT EXISTING TRAILS OF TRAILS OF ELIZABETF ELIZABETH CREEK CREEK PHASE 7 PHASE 7 CPN 102285 X-26211 CPN 102285 OWNED/DEVELOPED BY: FORESTAR (USA) REAL ESTATE GROUP, INC. 2221 LAMAR BLVD., SUITE 790 ARLNGTON, TEXAS 76006 KEVIN LAZARES PHONE: (972) 341-2906 8X 9 ROAD 33 34 35 36 TRAILS OF ELIZABETH CREEK PHASE 10 CITY PROJECT NO. 105740 12 11 10 7�3�7 38 49I 1 49 1 - FEXISTING 48 PAVEMENT TRAILS OF ELIZABETH 47 CREEK PHASE 1 CPN 101126 1 46 LJA Engineering, Inc. 6060 North Central Expressway Suite 400 Dallas, Texas 75206 45 44 43 42 41 40 LJA Phone 469.621.0710 FRN - F-1386 STORMWATER EXHIBIT'B-l' LEGEND PROPOSED STORM DRAIN I LINE WITH INLET EXISTING STORM DRAIN LINE WITH INLET EXISTING STATE HIGHWAY NO. 114 30' PIPELINE EASEMENT C.C.#2004-53748 R.P.R.D.C.T. LIMITS OF PROJECT — — 4'X4' DROP A INLET / 4' SQUARE JUNCTION BOX / / THE ATCHISON, / 45 PIPELINE & ROAD TOPEKA, AND EASEMENT I / SANTA FE RAILWAY C.C.# 2004-53748 COMPANY R.P.R.D.C.T. 30' PIPELINE EASEMENT VOL. 4950, PG. 1329 / R.P.R.D.C.T. / c� -- \ � 2-10' INLETS / 25? �26/ " RCP 21 RCP / 27 49 1-15' INLET 4' SQUARE., " �' a 24" RCP so JUNCTION BOX _ 1-15' INLET 2-10' INLETS � / / / 21", RCP 21 " RCP/ 36 30 35 �1 ��C I 4' SQUARE / 34 31 JUNCTION BOX / / / 1 27" RCP T 33 32 2 3 30" RCP 2-20' INLETS' 26 4 21 " RCP 1R 5 1-10' INLET 49 6 7 24" RCP 27 RVB/ sx /0 / 9 5' SQUARE 28 N ROAD / JUNCTION BOX �O 29 S017 / 30 \ / \ 31 32 / \ 33 /34 \ EXISTING 48" RCP & 48" RCP 24" RCP 35 36 5 X5 DROP INLET / / / --- - TRAILS OF ELIZABETH - / EXISTING TRAILS OF CREEK PHASE 7 / CPN 102285 / / ELIZABETH CREEK X-26211'� / / PHASE 7 T CPN 102285 OWNED/DEVELOPED BY: FORESTAR (USA) REAL ESTATE GROUP, INC. 2221 LAMAR BLVD., SUITE 790 ARLNGTON, TEXAS 76006 KEVIN LAZARES PHONE: (972) 341-2906 TRAILS OF ELIZABETH CREEK PHASE 10 CITY PROJECT NO. 105740 nN SCALE:1" = 150' _/----------�---- 56 55 J54 125XR 53 EXISTING TRAILS OF 21 52 ELIZABETH CREEK PHASE 1 FCPN 101126 SWARLEYITRRACE � J 20 I � 1s 50 Q I` 2 18 p 1 qkXR m 49 o� 17 0 I w 48 w- J 16 QII 47 N1 15 46 14 45 13 44 12 43 4' SQUARE JUNCTION BOX 11 a2 li 10 41 1-10' INLET 21" RCP 40 37 38 49 LJA Engineering, Inc. 6060 North Central Expressway Suite 400 Dallas, Texas 75206 "A Phone 469.621.0710 FRN - F-1386 STREET LIGHTS & STREET SIGNS N EXHIBIT 'C-1' EXISTING STATE HIGHWAY NO. 114 SCALE:1" = 150' LEGEND PROPOSED STREET LIGHT EXISTING STREET LIGHT — 30' PIPELINE EASEMENT PROPOSED STREET NAME SIGN i R.P.R. D..CC..TT.. C.C.#2 748 _ EXISTING STREET NAME SIGN LIMITS OF PROJECT — — /�� ��------- I f— ---- 56 55 45' PIPELINE & ROAD j� / /51 49 125XR / EASEMENT // - EXISTING TRAILS I THE ATCHISON, C.C.# 2004-53748 / 53 OF TOPEKA, AND R.P.R.D.c.T. / / — ELIZABETH CREEK SANTA FE RAILWAY / / / j 22 21 52 PHASE 1 COMPANYCPN 101126 / / 23 51 1 1 24 WARLEY TERRACE 30' PIPELINE EASEMENT 20 25 I i \� . VOL. 4950, PG. 1329 / / / `� �- R.P.R.D.C.T. / /257 / �� 26 1e 50 / / / 27 / qg / / 6I 2 XR 0 18 9 ( 28 49 / 29 I 17 / / Q 48 36 CI, 16 47 / 35 T0, 3C15 0G�T 31 I m 46 33 32 14 45 2 13 44 3 26 43 \\ 4 12 i 49 \ / 27 2ll�8 / 29 5 j 6 / 7 / 8X j / 30 / 31 EXISTING STREETLIGHT EXISTING TRAILS OF —TO BE RELOCATED ELIZABETH CREEK TRAILS OF ELIZABETH PHASE 7 CREEK PHASE 7 CPN 102285 CPN 102285 X-26211 OWNED/DEVELOPED BY: FORESTAR (USA) REAL ESTATE GROUP, INC. 2221 LAMAR BLVD., SUITE 790 ARLNGTON, TEXAS 76006 KEVIN LAZARES PHONE: (972) 341-2906 Ru N 32 RpqD / 33 / 34 TRAILS OF ELIZABETH CREEK PHASE 10 CITY PROJECT NO. 105740 11 42 9 10 I 41 I40 35 � \ 36 � 37 38 49 I I LJA Engineering, Inc. LJA 6060 North Central Expressway Phone 469.621.0710 Suite 400 Dallas, Texas 75206 FRN - F-1386 UNIT PRICE BID Project Item Information Bidlist I Description Item No. 1 3211.0400 Hydrated Lime (30 Ibs/sy) 2 3211.0400 Hydrated Lime (36 Ibs/sy) 3 3211.0501 6" Lime Treatment 4 3211.0702 8" Lime Treatment 5 3213.0101 6" Cone Pvmt 6 3213.0301 4" Cone Sidewalk 7 3213.0506 Barrier Free Ramp, Type P-1 8 3213.0501 Barrier Free Ramp, Type R-1 9 3213.0504 Barrier Free Ramp, Type M-2 10 3291.0100 Topsoil 11 3292.0100 Block Sod Placement 12 9999.0014 7.5" Cone Pvmt 13 9999.0015 Remove Barricade & Connect to 14 9999.0017 Stop Signs 15 9999.0018 Street Name Blade Pair 16 9999.0019 Street Sign Pole UNIT PRICE BID Bidlist Item No. Description SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Trails of Elizabeth Creek, Phase 10, Residential Bidder's Application Bidder's Proposal Specification Section No. (Unit of IBid Unit Price I Bid Value Measure Quantity UNI" IV: PAVING IMPROVEMENTS 31 11 29 TN 119.5 $315.00 $37,642.50 321129 TN 46.4 $315.00 $14,616.00 321129 SY 7965.0 $5.68 $45,241.20 331129 SY 2575.0 $4.30 $11,072.50 321313 SY 7495 $52.65 $394,611.75 32 13 20 SF 5720 $7.25 $41,470.00 32 13 20 EA 5 $1,750.00 $8,750.00 32 13 20 EA 1 $3,105.00 $3,105.00 32 13 20 EA 1 $2,745.00 $2,745.00 3291 19 CY 311 $67.65 $21,039.15 32 92 13 SF 5603 $1.28 $7,171.84 00 00 00 SY 2405 $64.05 $154,040.25 00 00 00 EA 1 $1,500.96 $1,500.96 00 00 00 EA 3 $95.00 $285.00 00 00 00 EA 5 $250.00 $1,250.00 00 00 00 EA 3 $250.00 $750.00 TOTAL UNIT IV: PAVING IMPROVEMENTS $745,291.15 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Trails of Elizabeth Creek, Phase 10, Residential Bidder's Application Project Item Information Specification Section I Unit of JBid No. Measure I Quantity Bid Summary UNIT I: WATER IMPROVEMENTS UNIT II: SANITARY SEWER IMPROVEMENTS UNIT III: DRAINAGE IMPROVEMENTS UNIT IV: PAVING IMPROVEMENTS UNIT V: STREET LIGHTING IMPROVEMENTS Total Construction Bid This Bid is submitted by the entity named below: BIDDER: BY: Lei^;v�QuienqC Gil co contracting, Inc. 6331 southwest Boulevard Benbrook, Texas 76132 TITLE: Vice President DATE: Bidder's Proposal Unit Price I Bid Value N/A N/A N/A $745,291.15 N/A $745,291.15 Contractor agrees to complete WORK for FINAL ACCEPTANCE within 35 working days after the date when the CONTRACT commences to run as provided in the General Conditions. END OF SECTION UNIT PRICE BID Bidlist Item No. Northpointe Phase 4 DAP-BIDPROPOSAL Page 1 of2 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Trails of Elizabeth Creek, Phase 10, Residential Description 2605.3015 2" CONDT PVC SCH 80 (T) 3441.3002 Rdwy Illum Assembly TY 8,11,D-25, and D-30 3441.3201 LED Lighting Fixture (50W) 3441.1633 Install Type 33B Arm 3441.3301 Rdwy Illum Foundation TY 1,2, and 4 9999.0016 3 - #6 Copper Wire 9999.0020 Relocate Existing Street Light Bidder's Application Project Item Information Specification Section No. Unit of I Bid Quantity Measure UNIT V: STREET LIGHTING IMPROVEMENTS 26 05 33 LF 1246 3441 20 EA 17 3441 20 EA 17 3441 20 EA 17 3441 20 EA 18 00 00 00 LF 1246 00 00 00 EA 1 TOTAL UNIT V: STREET LIGHTING IMPROVEMENTS Bidder's Proposal Unit Price I Bid Value $21.95 $27,349.70 $2,380.00 $40,460.00 $387.00 $6,579.00 $277.00 $4,709.00 $1,728.00 $31,104.00 $7.17 $8,933.82 $2,957.00 $2,957.00 $122,092.52 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 42 43_Bid Proposal_ Trails of Elizabeth Creek Phase 10 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Trails of Elizabeth Creek, Phase 10, Residential UNIT PRICE BID Northpointe Phase 4 DAP-BIDPROPOSAL Page 2 of 2 Bidder's Application Project Item Information Bidder's Proposal BidlistoItem Description Specification Section No. Measure Unit of I Bid Quantity Unit Price Bid Value Bid Summary UNIT I: WATER IMPROVEMENTS N/A UNIT II: SANITARY SEWER IMPROVEMENTS N/A UNIT III: DRAINAGE IMPROVEMENTS N/A UNIT IV: PAVING IMPROVEMENTS N/A UNIT V: STREET LIGHTING IMPROVEMENTS $122,092.52 Total Construction Bid $122,092.52 This Bid is submitted by the entity named below: BIDDER: Independent Utility Construction, Inc. 5109 Sun Valley Drive Fort Worth TX 76119 Contractor agrees to complete WORK for FINAL ACCEPTANCE within CONTRACT commences to run as provided in the General Conditions. END OF SECTION BY: Ri a d Wolfe TITLE: President DATE: 35 working days after the date when the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 42 43_Bid Proposal_ Trails of Elizabeth Creek Phase 10 Northpointe Phase 4 DAP - BID PROPOSAL Page 1 of 4 UNIT PRICE BID Bidlist Item No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Trails of Elizabeth Creek, Phase 10, Residential Project Item Information Description Specification Section No. UNIT I: WATER IMPROVEWNTS 3305.0003 8" Waterline Lowering 3305.0109 Trench Safety 3311.0001 Ductile Iron Water Fittings w/ Restraint 3311.0241 8" Water Pipe 3312.0001 Fire Hydrant 3312.0117 Connection to Existing 4"-12" Water Main 3312.2003 1" Water Service 3312.3003 8" Gate Valve 9999.0001 1" Irrigation Service 9999.0002 1.5" Irrigation Service 9999.0003 8" DIP Water, CLSM Backfill 9999.0004 20" Steel Encasement 9999.0005 Remove Irrigation Control Box 9999.0006 Remove Irrigation Valve 9999.0007 Remove and Re -Install Fire Hydrant Bidder's Application Bidder's Proposal Unit of Bid Quantity Unit Price Bid Value Measure 33 05 12 EA 9 $ 4,400.00 $ 39,600.00 33 05 10 LF 2868 $ 0.10 $ 286.80 331111 TON 1.10 $ 10,100.00 $ 11,110.00 33 11 10, 33 11 12 LF 2809 $ 45.40 $ 127,528.60 33 12 40 EA 6 $ 7,920.00 $ 47,520.00 331225 EA 2 $ 1,500.00 $ 3,000.00 331210 EA 64 $ 1,360.00 $ 87,040.00 33 12 20 EA 11 $ 2,450.00 $ 26,950.00 00 00 00 EA 2 $ 1,360.00 $ 2,720.00 00 00 00 EA 2 $ 2,300.00 $ 4,600.00 00 00 00 LF 59 $ 96.50 $ 5,693.50 00 00 00 LF 20 $ 180.00 $ 3,600.00 00 00 00 EA 2 $ 100.00 $ 200.00 00 00 00 EA 3 $ 270.00 $ 810.00 00 00 00 EA 1 $ 3,100.00 $ 3,100.00 TOTAL UNIT I: WATER IMPROVEMENTS $363,758.90 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Vesimr May 22, 2019 00 42 43_Bid Proposal_ Trails of Elizabeth Creek Phase 10 Northpointe Phase 4 DAP - BID PROPOSAL Page 2 of 4 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Trails of Elizabeth Creek, Phase 10, Residential UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Description Specification Section No. Unit of Bid Quantity Unit Price Bid Value No Measure UNIT It: SANITARY SEWER IMPROVEMENTS 1 0241.2013 Remove 8" Sewer Line 0241 14 LF 62 $ 16.00 $ 992.00 2 0241.2201 Remove 4' Sewer Manhole 0241 14 EA 1 $ 500.00 $ 500.00 3 3301.0002 Post -CCTV Inspection 3301 31 LF 2671 $ 2.60 $ 6,944.60 4 3301.0101 Manhole Vacuum Testing 3301 30 EA 17 $ 140.00 $ 2,380.00 5 3305.0109 Trench Safety 3305 10 LF 2671 $ 1.00 $ 2,671.00 6 3305.0113 Trench Water Stops 33 05 15 EA 8 $ 400.00 $ 3,200.00 7 3331.3101 4" Sewer Service 3331 50 EA 66 $ 1,230.00 $ 81,180.00 8 3331.4115 8" Sewer Pipe - SDR 26 33 11 10, 33 31 12,3331 20 LF 2671 $ 57.56 $ 153,742.76 9 3331.4116 8" Sewer Pipe, CSS Backfill 33 11 10, 33 31 12,3331 20 LF 254 $ 50.00 $ 12,700.00 10 3339.0001 Epoxy Manhole Liner 33 39 60 VF 31 $ 395.00 $ 12,245.00 11 3339.1001 4' Manhole 33 39 10, 33 39 20 EA 16 $ 4,580.00 $ 73,280.00 12 3339.1003 4' Extra Depth Manhole 33 39 10, 33 39 20 VF 51.2 $ 214.00 $ 10,956.80 13 9999.0008 Connect to Existing 4' Manhole 00 00 00 EA 1 $ 1,600.00 $ 1,600.00 14 9999.0009 Remove Existing 4" Sewer Service 00 00 00 EA 1 $ 500.00 $ 500.00 15 9999.00010 Adjust Existing Manhole Depth 00 00 00 EA 1 $ 1,410.00 $ 1,410.00 TOTAL UNIT It: SANITARY SEWER IMPROVEMENTS $364,302.16 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Forrn Ve simr May 22, 2019 00 42 43_Bid Proposal_ Trails of Elizabeth Creek Phase 10 Northpointe Phase 4 DAP - BID PROPOSAL Page 3 of 4 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Trails of Elizabeth Creek, Phase 10, Residential UNIT PRICE BID Project Item Information Bidlist Item Description No. 1 3305.0109 Trench Safety 2 3341.0201 21" RCP, Class III 3 3341.0205 24" RCP, Class III 4 3341.0208 27" RCP, Class III 5 3341.0302 30" RCP, Class III 6 3341.0409 48" RCP, Class III 7 3349.0001 4' Storm Junction Box 8 3349.0002 5' Storm Junction Box 9 3349.5001 10' Curb Inlet 10 3349.5002 15' Curb Inlet 11 3349.5003 20' Curb Inlet 12 3349.7001 4' Drop Inlet 13 9999.0011 Inlet Protection 14 9999.0012 Connect to Existing Junction Structure 15 9999.0013 Convert Existing Drop Inlet to Junction Structure Bidder's Application Bidder's Proposal Specification Section No. Unit of I Bid p Measure Quantity Unit Price Bid Value UNIT III: DRAINAGE IMPROV MENTS 33 05 10 LF 1881 $ 0.50 $ 940.50 3341 10 LF 146 $ 75.00 $ 10,950.00 3441 10 LF 1081 $ 84.00 $ 90,804.00 3341 10 LF 228 $ 98.00 $ 22,344.00 3341 10 LF 282 $ 105.00 $ 29,610.00 3341 10 LF 144 $ 213.00 $ 30,672.00 33 49 10 EA 4 $ 5,800.00 $ 23,200.00 34 49 10 EA 1 $ 6,600.00 $ 6,600.00 33 49 20 EA 6 $ 5,730.00 $ 34,380.00 33 49 20 EA 2 $ 8,000.00 $ 16,000.00 33 49 20 EA 2 $ 11,500.00 $ 23,000.00 33 49 20 EA 1 $ 6,200.00 $ 6,200.00 00 00 00 EA 11 $ 140.00 $ 1,540.00 00 00 00 EA 1 $ 700.00 $ 700.00 00 00 00 EA 1 $ 4,400.00 $ 4,400.00 TOTAL UNIT III: DRAINAGE IMPROVEMENTS $301,340.50 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Forrn Version May 22, 2019 00 42 43_Bid Proposal_ Trails of Elizabeth Creek Phase 10 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Trails of Elizabeth Creek, Phase 10, Residential UNIT PRICE BID Northpointe Phase 4 DAP - BID PROPOSAL Page 4 of 4 Bidder's Application Project Item Information Bidder's Proposal BidlistoItem Description Specification Section No. Unit of Measure I Bid Quantity Unit Price Bid Value Bid Summary UNIT I: WATER IMPROVEMENTS $363,758.90 UNIT II: SANITARY SEWER IMPROVEMENTS $364,302.16 UNIT III: DRAINAGE IMPROVEMENTS $301,340.50 UNIT IV: PAVING IMPROVEMENTS N/A UNIT V: STREET LIGHTING IMPROVEMENTS N/A Total Construction Bid $1,029,401.56 This Bid is submitted by the entity named below: BIDDER: Burnsco Construction, Inc. 6331 southwest Boulevard Benbrook, Texas 76132 Contractor agrees to complete WORK for FINAL ACCEPTANCE within CONTRACT commences to run as provided in the General Conditions. END OF SECTION BY: Albert ( 'a itgc r TITLE: Vice President DATE: 40 working days after the date when the CrrY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 42 43_Bid Proposal Trails of Elizabeth Creek Phase 10