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HomeMy WebLinkAboutContract 63072Received Date: Nov 25, 2024 Received Time: 4:13 p.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: 117 E&F CFA Number: 24-0150 BLOOMFIELD HOMES, L.P. 1900 W. Kirkwood Blvd., Suite 2300B, Southlake, TX 76092 817-416-1572 1 dint@bloomfieldhomes.net Clint Vincent, Authorized Agent Hulen Trails Phase 3 Water, Sewer, Paving, Drainage, Street Lights & Signs Cleburne Crowley Rd & W Cleburne Crowley Rd Plat Name: I Council District: City Project Number C 1052921 IPRC23-0182 City of Fort Worth, Texas Page 1 of 16 Standard Community Facilities Agreement Rev. 9/21 City Contract Number: 63072 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 BLOOMFIELD HOMES, L.P. ("Developer"), acting by and through its duly authorized representative. City and Developer are referred to herein individually as a "parry" and collectively as the "parties." WHEREAS, Developer is constructing private improvements or subdividing land within the corporatelimits of Fort Worth, Texas orits extraterritorial jurisdiction, for a project known as Hulen Trails Phase 3 ("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 apart of this Agreement; and WHEREAS, the City is not participating in the cost of the Improvements or Project; and WHEREAS, the Developer and the City desire to enter into this Agreement in connection with the collective Improvements for the Project; NOW, THEREFORE, for and inconsideration of the covenants and conditions contained herein, the City and the Developer do hereby agree as follows: 1. CFA Ordinance The Community Facilities Agreements Ordinance ("CFA Ordinance"), as amended, is incorporated into this Agreement by reference, as if it was fully set out herein. Developer agrees to comply with all provisions of the CFA Ordinance in the performance of Developer's duties and obligations pursuant to this Agreement and to cause all contractors hired by Developer to comply with the CFA Ordinance in 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. City of Fort Worth, Texas OFFICIAL RECORD page 2 of 16 Standard Community Facilities Agreement CITY SECRETARY Rev. 9/21 FT. WORTH, TX 2. Incorporation of Engineering Plans The engineering plans for the Improvements that have been approved by the City ("Engineering Plans") are incorporated into this Agreement by reference as if fully set out herein. Developer shall provide at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to construct the Improvements required by this Agreement. 3. Description of Improvements; Exhibits and Attachments The following exhibits describe the general location, nature and extent of the Improvements that are the subject of this Agreement and are attached hereto and incorporated herein by reference: © Exhibit A: Water © Exhibit A 1: Sewer © Exhibit B: Paving © Exhibit 13-1: Storm Drain ❑X Exhibit C-1: Street Lights & Signs The Location Map and Cost Estimates are also attached hereto and incorporated herein by reference. To the extent that Exhibits A, A 1, B, B-1, C, 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 not reduce the amount of the Financial Guarantee unless authorized by the City in accordance with the CFA Ordinance. City of Fort Worth, Texas Page 3 of 16 Standard Community Facilities Agreement Rev. 9/21 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. 9. Award of Construction Contracts City of Fort Worth, Texas Page 4 of 16 Standard Community Facilities Agreement Rev. 9/21 (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 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. City of Fort Worth, Texas Page 5 of 16 Standard Community Facilities Agreement Rev. 9/21 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 EMPL 0 YEES FROM ALL SUITS, ACTIONS OR CLAIMS OF ANYCHARACTER, WHETHERREAL ORASSERTED, BROUGHTFOR 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 FAIL URE TO PROPERLYSAFEGUARD 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 SUCHINJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS, SERVANTS, OR EMPLOYEES. (c) DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, SUITS OR CAUSES OF ACTION OF ANY NATURE WHATSOEVER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ON ACCOUNT OF ANY INJURIES OR DAMAGES TO PERSONS OR PROPERTY, INCL UDING DEATH, RESULTING FROM, OR IN ANY WAY CONNECTED WITH, THE CONSTRUCTION OF THE IMPROVEMENTS CONTEMPLATED HEREIN, WHETHER OR NOT SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS, SERVANTS, OR EMPLOYEES. FURTHER, DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES SUFFERED BY THE CITY OR CAUSED AS A RESULT OF SAID CONTRACTORS' FAILURE TO COMPLETE THE WORK AND CONSTRUCT THE IMPROVEMENTS IN A GOOD AND WORKMANLIKE MANNER, FREE FROM DEFECTS, IN CONFORMANCE WITH THE CIA ORDINANCE, AND IN ACCORDANCE WITH ALL PLANS AND SPECIFICATIONS. 13. Right to Enforce Contracts City of Fort Worth, Texas Page 6 of 16 Standard Community Facilities Agreement Rev. 9/21 Upon completion of all work associated with the construction of the Improvements, Developer will assign to the City a non-exclusive right to enforce the contracts entered into by Developer with its contractors, along with an assignment of all warranties given by the contractors, whether express or implied Further, Developer agrees that all contracts with any contractor shallinc Jude 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 servicefees, 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 mustpay 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 bythe 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 Contract Management Office City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 With copies to: DEVELOPER: BLOOMFIELD HOMES, L.P. 1900 W. Kirkwood Blvd., Suite 2300B Southlake, TX 76092 City of Fort Worth, Texas Page 7 of 16 Standard Community Facilities Agreement Rev. 9/21 City Attorney's Office City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 and City Manager's Office City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 Or to such other address one party may hereafter designate by notice in writing addressed and mailed or delivered to the other party hereto. 17. Right to Audit Developer agrees that, until the expiration of three (3) years after acceptance by the City of the Improvements constructed pursuant to this Agreement, that the City shall have access to and the right to examine any directly pertinent books, documents, papers and records of the Developer involving transactions relating to this Agreement. Developer agrees that the City shall have access during normal working hours to all necessary Developer facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Developer reasonable advance notice of intended audits. Developer further agrees to include in all contracts with Developer's contractors for the Improvements a provision to the effect that the contractor agrees that the City shall, until the expiration of three (3) years after final payment under the contract, have access to and the right to examine any directly pertinent books, documents, papers and records of such contractor, involving transactions to the contract, and further, that City shallhave 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, offices, 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 City of Fort Worth, Texas Page 8 of 16 Standard Community Facilities Agreement Rev. 9/21 creation of a partnership or joint enterprise between City and Developer. It is further understood that the City shall in no way be considered a co -employer or a joint employer of Developer or any employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers of Developer. Neither Developer, nor any officers, agents, servants, employees or subcontractors of Developer shall be entitled to any employment benefits from the City. Developer shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. The City, through its authorized representatives and employees, shall have the sole and exclusive right to exercise jurisdiction and control over City employees. 19. Applicable Law; Venue This Agreement shall be construed under and in accordance with Texas law. Venue shall be in the state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 20. Non -Waiver The failure of the City to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely on any such term or right on any future occasion. 21. Governmental Powers and Immunities. It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities. 22. Headings The paragraph headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. 23. Severability In the event that any clause or provision of this Agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not affect any of the remaining provisions hereof. 24. Review of Counsel City 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 City of Fort Worth, Texas Page 9 of 16 Standard Community Facilities Agreement Rev. 9/21 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 Israef' and "company" have the meanings ascribed to those terms by Chapter 2271 of the Texas Government Code. To the extent that Chapter 2271 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not boycott Israel; and (2) will not boycott Israel during the term of this Agreement. 26. Prohibition on Boycotting Energy Companies Developer acknowledges that in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company' and "company' have the meanings ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 27. Prohibition on Discrimination Against Firearm and Ammunition Industries Developer acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R. S., S.B. 19, § 1, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R. S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not have apractice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. City of Fort Worth, Texas Page 10 of 16 S tan dard C omm uni ty Facilities Agreement Rev. 9/21 28. Immigration and Nationality Act Developer shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Developer shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Developer shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Developer employee who is not legally eligible to perform such services. DEVELOPER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY DEVELOPED DEVELOPER'SEMPLOYEES, SUBCONTRACTORS,AGENTS, ORLICENSEES. City, uponwritten notice to Developer, shall have the right to immediately terminate this Agreement for violations of this provision by Developer. 29. Amendment No amendment, modification, or alteration of the terms of this Agreement shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by the City and Developer. 30. Assignment and Successors Developer shall not assign or subcontract all or any part of its rights, privileges, or duties under this Agreement without the prior written consent of City. Any attempted assignment or subcontract without the City's prior written approval shall be void and constitute a breach of this Agreement. 31. No Third -Party Beneficiaries The provisions and conditions of this Agreement are solely for the benefit of the City and Developer, and any lawful assign or successor of Developer, and are not intended to create any rights, contractual or otherwise, to any other person or entity. 32. Compliance with Laws, Ordinances, Rules and Regulations Developer, its officers, agents, servants, employees, and contractors, shall abide by and comply with all laws, federal, state and local, including all ordinances, rules and regulations of City. It is agreed and understood that, if City calls to the attention of Developer any such violation on the part of Developer or any of its officers, agents, servants, employees, or subcontractors, then Developer shall immediately desist from and correct such violation. 33. Signature Authority City of Fort Worth, Texas Page 11 of 16 S tan dard C omm uni ty Facilities Agreement Rev. 9/21 The person signing this Agreement on behalf of Developer warrants that he or she has the legal authority to execute this Agreement on behalf of the Developer, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The City is fully entitled to rely on this warranty and representation in entering into this Agreement. 34. Counterparts This Agreement may be executed in multiple counterparts, each of which will be deemed an original, but which together will constitute one instrument. 35. Entire Agreement This written instrument, together with any attachments, exhibits, and appendices, constitutes the entire understanding between the City and Developer concerning the work to be performed hereunder, and any prior or contemporaneous, oral or written agreement that purports to vary from the terms hereof shall be void. [REMAINDER OF PAGE INTENTTONALLY BLANK] City of Fort Worth, Texas Page 12 of 16 Standard Community Facilities Agreement Rev. 9/21 Project Name: Hulen Trails Phase 3 CFA No.: 24-0150 Ite ms A. Water and Sewer Construction 1. Water Construction 2. Sewer Construction Water and Sewer Construction Total 36. Cost Summary Sheet City Project No.: 105292 B. TPW Construction 1. Street 2. Storm Drain 3. Street Lights Installed by Developer 4. Signals TPW Construction Cost Total Total Construction Cost (excluding the fees) Estimated Construction Fees: C. Construction Inspection Service Fee D. Administrative Material Testing Service Fee E. Water Testing Lab Fee Total Estimated Construction Fees: Financial Guarantee Options, choose one (Bond = 100% (Completion Aqreement = 100% / Holds Plat (Cash Escrow Water/Sanitary Sewer= 125% (Cash Escrow Pavinq/Storm Drain = 125% ILetter of Credit = 125% (Escrow Pledge Aqreement = 125% Developer's Cost $ 622,264.57 $ 885,412.23 $ 1,507,676.80 $ 1,443,004.40 $ 1,070,525.98 $ 138,323.80 $ 2,651,854.18 $ 4,159,530.98 $67,500.00 $13,780.00 $945.00 $ 82,225.00 IPRC No.: 23-0182 Amount $ 4,159,530.98 $ 4,159,530.98 $ 1,884,596.00 $ 3,314,817.73 $ 5,199,413.73 Choice (Mark one) X 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 DEVELOPER BLOOMFIELD HOMES, L.P. Dom rpavhkl f 1,'2 � Dana Burghdoff (Nov' f, 20241.45 CST) Clint Vincent (Nov 18, 202408:48 CST) Dana Burghdoff Clint Vincent Assistant City Manager Authorized Agent Date: Nov 21, 2024 Date: Nov 18, 2024 Recommended by: Dwayne Hollars Contract Compliance Specialist Development Services Approved as to Form & Legality: Contract Compliance Manager: Jackson Skinner By signing, I acknowledge that I am the person Assistant City Attorney responsible for the monitoring and administration of this contract, including M&C No. N/A ensuring all performance and reporting Date: Nov 21, 2024 requirements. Form 1295: N/A ATTEST: aF F ti449oR �qB � JAB Rebecca Owen (Nov 18, 202408:51 CST) ,�� Rebecca Diane Owen dPa* oo°� Development Manager Jannette S. Goodall City Secretary OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Page 14 of 16 Standard Community Facilities Agreement Rev. 9/21 The following attachments are incorporated into this Agreement. To the extent a conflict exists between the main body of this Agreement and the following attachments, the language in the main body of this Agreement shall be controlling. Included Attachment ® Attachment 1 - Changes to Standard Community Facilities Agreement ❑ Attachment 2 — Phased CFA Provisions ❑ Attachment 3 — Concurrent CFA Provisions ® Location Map ® Exhibit A: Water Improvements ® Exhibit A-1: Sewer Improvements ❑X Exhibit B: Paving Improvements X❑ Exhibit 13-1: Storm Drain Improvements ❑X Exhibit C-1: Street Lights and Signs Improvements ❑X Cost Estimates (Remainder of Page Intentionally Left Blank) City of Fort Worth, Texas Page 15 of 16 Standard Community Facilities Agreement Rev. 9/21 ATTACHMENT "I" Changes to Standard Community Facilities Agreement City Project No. 105292 None City of Fort Worth, Texas Page 16 of 16 Standard Community Facilities Agreement Rev. 9/21 N W E PANTHER S HEIGHTS SCALE. P = 2000' a 3 1' d N a v 0 s U C a Stewart Feltz Rd W Cleburne Rd �c - �J� 5 W Cleburne Rd Al m c , m PROJECT LOCATION Longhorn Trail to r a _yay Qi r ' E a a _ U U o-ean aC 61 [Tf �+ligl~ Longhorn Trail Y HULEN TRAILS, PHASE 3 CPN - 105292 MAPSCO NO.: 117 ]E & 7F COUNCIL DISTRICT #6 c PREPARED FOR: 1313HLOOMFIELD OMES, LP rn 1900 W. KIRKWOOD BLVD, SUITE 2300B O SOUTHLAKE, TX 76092 j (817) 416-1572 W CONTACT: ART FERREIRA PREPARED BY: GMcivit Engineering tL Surveying 817-329-4373 Contact: Matt Baacke N U LE®T TRAILS, ]PHASE 3 � F A R(i� �HrWE A► WATER EXHIBIT "A" I S CPN: 105292 � l — — WATER LILY LAN 1, _ (CPN w W� (a(SCALE P = 300' LEGEND 1 34 W PROPOSED WATER LINE 2 z 33 W EXISTING WATER LINE 3 3 2 a 4 31 15 EX. 16" W.L. (X-27665) <",1 5 30 1 16 )X BOCK 491 F L'CLUCK 5'J29 17 7 28 EX. INFRASTRUCTURE 7 S HULEN STREET 3 6 27 I X (CPN # 104655,1 ly " TRALIA 9 26 I 20 (sr,� _DRIVE 70 25 � � 21 35X INFF'ASTRUCTURF 11 24 ;l BK HiJLEN , RAJLS PHAS,= 2 12" WATER LIN = 2 o 's� 22 23 24 �11 2912 23 DOP�IIR�27�28 E0T D IVE I (CPS # 10�' 141 J vO 13 22 O' IV _ - 4 W BLOW 39 1 (- --� I 14 21 J g 1 2 3 4 5 6 7 8 9 10 II 0 BLOCK 36 I5 20 Y BI OC K ..8 6 G '6_ m 7 LILAC 18 24 23 22 21 20 19 18 17 16 15 14 13 12 2 NOTE: l B EN FIELD RI E ALL PROPOSED WATER LINES SHOWN 3 _ vv ARE 8" IN DIAMETER UNLESS 9 3 12' WAT Eh LIVE 0 \�. EYIIJF12ASTRU<TIJRE OTHERWISE NOTED 0 14 HULEN TRAILS PHASE 2 W 5 (CPt1 4 i m 141, W � 1 26 25 24 23 22 21 20 19 IS 17 16 IS 14 PA 110R CRC ISS LA! IE r V - V _ J 33X 17 7 = 20 21 22 23 24 25 26 27 28 29 30 31 32 N 8 9 BL CK 6 — CLEB N B _ vv vv \ INFRASTRUCTURE UNDER CONSTRUCTION PREPARED FOR: LONGHORN ESTATES PHASE 1 OBLOOMFIELD (CPN # 105087) PREPARED BY: HOMES, LP 1900 W. KIRKWOOD BLVD, SUITE 2300E GMcivil SOUTHLAKE, TX 76092 (817) 416-1572 Engineering & Surveying CONTACT: ART FERREIRA 817-329-4373 Contact: Matt Baacke N WE HULEN 'FIRMS, PHASE 3 s SEWER EXHIBIT "A-1" CPN : 105292 ��nr,I�I!El ILY LAN J ` _ / �CAL�o°° — 300° — � LEGEND ---_ 34 EX. INFRASTRUCTURE S PROPOSED SANITARY SEWER LINE 2 I 33 II I HULEN TRAILS PHASE 1 EXISTING SANITARY SEWER LINE I 3 I s CPN # 102565J 4 I 4 5 30 I6 OX 6LOCK 40 CLV(K J`J 7 6 29 6 1�� EX. INFRASTRUCTURE - � 7 I 28 � � � '8 S HULEN STREET 8 8 27 19 (CPN # 104655) r&A-rRALIA I 9 26 20 c r DR14E 70 25 21 NOTE: _ 35X W aL CK 2 EX. IN%RAST ALL PROPOSED SANITARY 24 SEWER LINES SHOWN ARE 8" 2 c n 2 23 c� 22 23 24 25 26 7 28 29 30 31 `iUiEt` TRAILS H SE 2 LP�ERRRJPOI TD IVE CF�N �103141)— _ IN DIAMETER 3 o i l I r 4 BLOc K 39 � �8"'P'A�AL�ELS.S.114 2I Jg 1 2 3 4 6 7 8 9 M O L0 IS 20 810(3 a m 6 C 2 16 I9 m 7 24 23 22 21�21 19 1 77 16 )5 14 7317 18 BEN FIELD RI E 9 11 12 3 1 2 3 4 5 6 7 8 9 10 11 12 13 E)". INFRA TI'UCTIIRI= 0 4 H6ILE N TR ILS PHASE 2 5 (C PP1 # 103141, W 26 2` LLI :) F 16 IIORCR<ISS LMIE � I Z \� J 33X 17 ' D Y! 18 I9 20 2I 22 23 24 251276 228 29 30 31 32 BCK 6 PREPARED FOR: 19BLOOMFIELD PREPARED BY: HOMES, LP 1900 W. KIRKWOOD BLVD, SUITE 2300B GMcivil SOUTHLAKE, TX 76092 Engineering 8 Surveying (817 ) 416-1572 817.329-4373 CONTACT: ART FERREIRA Contact: Matt Baacke E:\10793 — Hulen Trails\Plans\CFA\Phase 3\CFA Docs PH-3.dwg Tue Oct 29 2024 16:52 ]H ULEN TRAILS, PHASE 3 PAVING EXHIBIT "B" CPN: 105292 reneun PROPOSED 29' B-B ROADWAY w/ 50' R.O.W. 6" PCC PAVEMENT W/ 6" LIME -STABILIZED SUBGRADE PROPOSED 34' B-B ROADWAY w/ 80' R.O.W. 9" PCC PAVEMENT W/ 6" LIME -STABILIZED SUBGRADE SIDEWALK PER CONTRACT SIDEWALK BY HOMEBUILDER OADA RAMPS PER CONTRACT EX. INFRASTRUCTURE S HULEN STREET (CPN # 104655) PREPARED FOR: BLOOMFIELD HOMES, LP 1900 W. KIRKWOOD BLVD, SUITE 2300B SOUTHLAKE, TX 76092 (817) 416-1572 CONTACT: ART FERREIRA ox _ I ATER ILY LAN 1 y X. A RUCTURE 7 34 UL AILS PHASE 1 2 2 33 1 PN # 102565) 3 3 32 q 4 4 4 31 15 a 16 DU 18 24 19 33X 20 21 15 p 5 30 6 29 6 y 7 28 8 27 R-ALIA ; 9 26 IVE 10 25 35X 24 2 G < 12 23 3 O e 13 22 '4 N BLO( K 39 4 21 5 'F CCK 36 15 20 6 16 19 7 7 18 8 9 3 0 1I 12 4 N WE .S SCALE. 1" = 300' C BL CK 2 _ 22 23 24 �2' �26 27 28 29 30 31 32 1-ULL-N TRAIL PHAE OP ER POI T D IVE (CP)1 h 1031 1) 1 2 3 4 5 6 7 8 9 10 !� AI O K 3R & A �a m 24 23 22 21 20 19d1l 16 15 14 13 12Z B EN FI E 1 2 3 4 �15 6 7 8 9 10 11 12 13 OCK 37 15 �2625 24 23 22 21 20 19 18 17 16 15 14 16 10R CRC' LAB IE L G 17 33X 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 R' CK 6 L JObAA _ - INFRASTRUCTURE UNDER CONSTRUCTION LONGHORN ESTATES PHASE 1 PREPARED BY: (CPN # 105087) GMcivit Engineering & Surveying 817-329-4373 Contact: Matt Boacke E:\10793 — Hulen Trails\Plans\CFA\Phase 3\CFA Docs PH-3.dwg Tue Oct 29 2024 16:52 IFPFNn HULEN '][ RAIELS, PHASE 3 STORM DRAIN EXHIBIT "B-1" CPN : 105292 34 2 2 33 3 32 \ I 31 S 5 30 16 ox BLOCK 6 CLV(.K )J 17 b '\ 7 28 7 8 27 I I 9 a C " TRALIA I 9 26 I 20 D.E. ' DRWE 21 ;'L 1 1 'II I l 1 24 ; I BK 2 O �•�•� I 22 23 24 25 26 27 28 223 OP ER OI TD�21 IVE Q G' 13 22 Q EXISTING STORM DRAIN LINE PROPOSED STORM DRAIN LINE PROPOSED STORM DRAIN INLET PROPOSED STORM DRAIN AND HEADWALL ATER LILY LAN N WE S SCALE V = 300' EX. NFRASTRUCTURE r h ULL=N TRAILS PHASE 2 _ (CPN P 10314 1) q yl 6LO(K 39 a I5 EX. INFRASTRUCTURE -Q� I 14 21 - w 5 1 2 3 4 5 6 8 9 '0 Q S HULEN STEET LOB I 15 20 9 m 6 (CPN # 104655) 7 20 16 19 24 23 22 2I 1187�1.6 )5 14 73 I2 2 17la B EN FILD R1,� 9 !3 H oil 11 12 1 2 3 4 5 6 7 8 9 10 11 12 I3 14 �- BLOCK 37 15 W _1611� d 26 25 24 23 22 21 20 19 18 17 16 15 14 f D.E. I 6 IIORCSISS LANE 33X 7 EX. INFRASTRUCTURE H I 18 19 20 21 22 23 �24 25 26 27 28 29 30 31 32 HULEN TRAILS PHASE 2 BL C,1127 K s / , (CPN # 10314 ,')_ r _CLE' _ - r� - INFRASTRUCTURE UNDER CONSTRUCTION LONGHORN ESTATES PHASE 1 ]PREPARED FOR: (CPN # 105087) MBLOOMFIELD PREPARED BY: 110MES, LP 1900 W. KIRKWOOD BLVD, SUITE 2300B GM civil SOUTHLAKE, TX 76092 v (817) 416-1572 Engineering 8 Surveying CONTACT: ART FERREIRA 817-329-4373 Contact: Matt Baacke E:\10793 — Hulen Trails\Plans\CFA\Phase 3\CFA Docs PH-3.dwg Tue Oct 29 2024 16:52 HULEN TRAMS, PHASE 3 1 IIll I ' STREET LIGHTS AND SIGNS EXHIBIT "C-1" CPN : 105292 LEGEND - PROPOSED STREET NAME SIGN *—(3- PROPOSED LIGHT POLE EXISTING LIGHT POLE ATER ILY LAN R TU T AIL P ASE 1 34 C N 10 J I 2 � 2 33 � 3 32 14 4 4 17 15 5 5 30 16 5 OX 6LOCK 40( I rLui'.K 39 29 I 17 -T 6 7 28 7 1 8 27 1 i9 33X BLOCK 24 1 25 26 27 28 30 31 32 O R POI TD�29 IV 4 N 14 y� BLO( K 39 J — — -- O 2 3 4 5 6 / 8 9 70 I7 BLOCK 36 15 20 10(K .8 �9-m �� EX. INFRASTRUCTURE 1 6 6 19 I ULEh T A S P A E S HULEN STREET 7 23 22 2, 20 19 13 17 16 15 14 13 12 m (CPN # 104655J 8 N FIND RI E 1 3 4 8 13 ' 9 7 1 IO 12 I 2 3 4 5 6 7 8 9 10 11 12 13 14 310(K 37 F S W � 26 25 24 23 22 27 20 79 I8 17 76 15 14 W F 16 110"HISS LAP iE �1 N Z 7 j 33X 19 20 21 22 23 24 25 2627lIl29L31�732 y BL CK 6 B--1 INFRASTRUCTURE UNDER CONSTRUCTION LONGHORN ESTATES PHASE 1 PREPARED FOR: (CPN # 105087) PREPARED BY: [313LOOMFIELD OMES, LP 1900 W. KIRKWOOD BLVD, SUITE 2300B GMcivil SOUTHLAKE, TX 76092 (817) 416-1572 Engineering &Surveying CONTACT: ART FERREIRA 817-329-4373 Contact: Matt Baacke E:\10793 — Hulen Trails\Plans\CFA\Phase 3\CFA Docs PH-3.dwg Tue Oct 29 2024 16:53 N WE CS SCALE P = 300' 8 C T�'1 � 9 26 1, R14E = 10 25 2I 35X I lI 24 � 20 1 �22 23 12 23 3 O 1 13 22 0 sernon a9 42 u 1k�r1lpri Ah.rd.3P felt-PRt Sit MAL F[tRM 1v1en 1 I. Huse 3. Cm Pmlem a MA292 UNIT PRICE all Pn>ieer llrm Intmraalum Bldlirl I Ik<nPinm j %r-- uttnn I Iln,l „1 I III, I I;nrl i4>ce Rui Y.l+e Ilem I ne:unn h'r Meawrc llu.sinn 11a61 Water Farvliae{ 1 5305.D003 6' Waterline Lpwenn0 33 05 12 EA 5 S4.S98.17 322.990L4`�1��[, 2 33650108 Treats Sat 3305 10 LF + 4,804 SO 1-�7I 5912,76( 3 3311 0OD7 D Mle Iron Water Fm1np6 w! Res0unt 3311 11 TOR 14 518.606.T5� S23252251 4 3311 0241 6- PVC Witter Pipe 33 11 10, I 33 t112 LF 3.151 $61 73 5163.00i2 :1341,7085 , 1 5 331104811YPVC Winer P�e 321112 LF 1.517 S%.85 I 6 3311.04821 T PVC Water PIDe. CSS BBck511 33 I 1 12 LF 10 5130.82 51.308 I 7 3311.04511YDIPWeter 341t IO LF Ile 5154, 317,975.36 I a 13311 04521Y DIP Water, C85 Beck811 I 35 1I 10 LF 10 5106.9J 51.959 30 I 9 13312 0001 $1d R Rvtrent Assemblyy�w!6' Gate Valve 6 Valve Box Let 33 12 {0 FJI 8 57.367.6' I 544.32722 I f0 13312.0117 Con1ecbon to EA AI.no 4" !i' Meln _ 33 12 25 EA 6 $021 2{5 56,527.501 1 11 13312.2003 1' Wakr 8enice jDomesocj - 1 12 13312 2003 1" Weler Same: t1,,, eon' 331210 34 12 10 FA FA 144 2 57,191.E I 31,257.7eJ 1171.620.641 $2.515:521 1 13 133122103 1 f2' Water Semce flma n1 35 1210 BA 1 82.798$ 52,799.6 1 14 13312 3003 a" Gat. valve 8 Vahe Box 36 12 10 EA 4 52345.{1 I 1:3342 3005 12' Gale Vehe 6 Valve Bor 33 12 20 FA 4 I 54.0%.62 576.194. I 199890001 4"PVC Itnnatiw Steevea 000one LF 250 I $15.61 $3.962. Subtool N � nH 2 ng ews, SFarylihAs 17 330Sa10002 Poa1 CCTV Inapenisn 330111 LF 50M $330 318.518.60� 1 13 "1 Mot Vracuum Test M.oh.lea 3,01 30 FA I 22 3452.03 39.944661 %-f- 1 19 �PB Sete 33 C510 I LF 500E 50.31 31'551 Trench top a f 20 d 1S t nch 33 C515 FA 8 3617b, 54.940. } 21 �S=1003 20- Caslnn By Cus 33 05 22 I LF 46 S204.31 iI,.398,' I 22 "1.3101 SOft-Z6 / Sewe' Sercices 33 31 5C ! F.P. 144 31 7%53 $258 98a. 33 11 10, 23 00331.4115 6- SOR-26 PVC Sewer Pipe 3331 12. LF 4670 566-55 $320.111 3 33 31 2D 24 3331 4116 Sr PVC $amlary Sewer PIP. W CSS Baekhll 331F f 0 nt112 LF EO S1%,71 SB.54240I 25 4331 4119 6-DIP Sewer Pips 3311 iD LF 116 3156-72 SMW5 26 3311 4120 8' DIP Sewer Pine CSS B-Wl 311 10 LF 90 5195. S77.587 27 33391001 4'$ta Dim Manhei. 333:10. 331 39 20 EA 1 21 $8,890.42 51t0.{98 28 3339.1105 S' Drop Manhole 33 39 10. 331 39 20 FA 1 $10.457.87 31dA57 a 29 3339 1103 4' Ei Ua Dept, Menhote 323910. 331 3920 VF 86 3459.65 $39,529. 3C 333911035'Exha D.Pih Manhde 1333910. 33 39 20 I1 566431 5752741 I 31 3339 0001 aY Manhole Line, 33 39 50 VF 17 $941 A7 510,904. I 32 8999.0007 Conned b Eaiahnp 6' S 5 00 00 e0 BA 3 56982E 52Z, nary Sewer Bubtetal 8886.412.1 Ilna 3, &am Drnn F-1.0- I 33 3305.0109 T-0 �1e1y 3365 i0 LF 2941 $0.31) 5912. I 34 0241.4401 Remove FI dwp,,, SET 0241 i4 FA 1 S1.S87.0' 53.567 I 35 3137.0104 Will-Slerre R r- 313700 SY 71 31428 S1C.143. 36 M05.0, 12 Connate Collar 330517 FA 7 $1.184.02 Sa289 37 3341.0201 21- RCP Class 111 334110 LF 220 $91.4 S20.125. _ 36 3341.0205 24' RCP. Clem III 134, 10 LF 533 5101, 554.086. 39 334L.Q�p� T=��%� C�pss Ill 334110 LF 460 3115.52 353047 40 334�.QSOi 70-RCP. (,'lass 111 334110 LF 174 $12172 32 . 7, 41 3141.0402 42' RCP. Class 111 10 LF 429 5190 � 581.930. 42 3341.1 Z02 5a4 Sm Culvert 3241 33 41 10 LF 475 $372,07J 5177.849 46 43 3341.12tl 2-Sa48m CulueR 334i 10 LF 190 57426 5147,D36751 44 3341 1103 2-494 Bea Calvert 45 1-9.80D1 -'Storm Juirin-Bea 1341 tO 324810 I LF EA 451 4 5622 I 56,138,8q S280607,69� $24.1 5. II _ 46 3749.0002 5' Slam Juncbon Bov 3349 t0 EA 2 3a...50' S17 997. 47 3349.0101 4' Manhole Auer 33A510 I EA 5 33,171Sa MAN 48 3349.5001 10' Caro Ink, 33 49 20 EA 9 26.003:33 $72O2B 49 1334a 500E 15'Curbinlet 124920 FA 4 siti'm.03 543.020. 50 13349.9003 4'G.t. lnle, 334920 EA 1 $10$33-72 $51A 3 51 19999.D001 3.5'ii4' Conc Headvull w1 Sbmuhr Wnlr.ena woo00 FA 1 520.50290 120.502. 52 19999A002 onaetc gppon _ 000000 SY 43 3149.04 $5.444 53 19999 0003 4' tl a 00 00 00 FA 1 5406.47 S411 (B� a" -DM eu 81,070.828.981 Water S--y SewerlS.- Dnin Facilares 9ribte1.1 32,67a,Z02.76, B1tl 5umrraa I WaMrlSanrtary SawertSW- Dram F-ift- 1 Subtulal S2,S all .TS) Tatal Bid 52.5 (�t66 f�Aff rhu ae n:shnmetl W me enety hate. peso. Vmu4 Consitunan Inc Seeel4mrm,. la2b$Main C,ty By ` l � Cay, 5 1ate, try Cpo4 Marnaelp % 75053 fAJivf`ell Phone 817-477.2050 T41. �!`1r u cn.. ,r nnpM1e 11ONIi Forf7\AI.M1.i.P1h�[l:.eMs 'a erYYelrlgvebr ur bbearar� t:�nt,v sY.rnp� UNIT PRICE BID Bidllst Item SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Hulen Trails Phase 3, City Project #105292 Project Item Information Description Specification Unit of Bid Unit Price Bid Value Section No. I Measure I Quantity Paving Facilities 1 i 3211.0400 Hydrated Lime @ 30Ibs./S.Y. (Residential) 32 11 29 I TON 253.2 $305.00 $77,226.000 2 ' 3211.0400 Hydrated Lirrve @ 36 lbs./S.Y. (Arterial) 321129 TON 56.3 $305.00 $17,171.500 3 3211.0501 6" Lime Treated Subgrade (Residential) 32 13 13 SY 16,876 $3.75 $63,285.000 4 3211.0501 8" Lime Treated Subgrade (Arterial) 321129 I SY 3,125 $3.75 $11,718.750 5 3213.0101 6" Concrete Pavement (Residential) 321313 SY 15,787 $50.80 $801,979.600 6 32, 3.0104 9" Concrete Pavement (Arterial) 32 13 13 SY 2,951 $84.80 $250,244.800 7 3212.0304 Asphalt Pvmt Type D (Arterial Edge Transition) 3201 17 SY 192 $166.65 $31,996.800 8 3213.0301 5' Conc Sidewalk I 31 1320 LF 319 $36.45 $11,627.550 9 3213.0501 R-1 Ramp 321320 EA 4 $3,030.00 $12,120.000 10 b213.0506 P-1 Ramp 321320 EA 8 $2,770.00 $22,160.000 11 3292.0400 Seedin/p'p Yc1romulch I 329213 34 41 30 SY EA 1,836 12 $3.56 $240.00 $6,426.000 $2,880.000 12 3441.4003 FUn11S0/InStall Alum Sign Ground Mount Citv Sid. 13 V 3741.0001 Traffic Control 1 3471 13 LS 1 $5,500.00 $5,500.000 14 9999.0001 Remove Ex. Asphalt Pavement 00 00 00 SY 935 $15.00 $14,025.000 15 9999.0002 10' Conc Sidewalk I 00 00 00 LF 1,323 $71,00 $93,933,001 16 9999.0004 Connect to Existing Pavement 00 00 00 EA 8 $2,200.00 $17,600.000 17 9999.0005 R1-1 Stop Sign 00 00 00 EA 10 $90.00 $900.000 18 9999.0006 St Marker Blmde 00 00 00 EA 48 $46.05 $2,210.400 �aving Subtotal $1,443,004.40 Bid Summary Gilco Paving Facilities Subtotal $1,443,004.401 Total Bid $1,443,004,40 This bid is submitted by the entity listed below: Company: sContracting, Inc. BY Street Address: 6331 Southwest Boulevard City, State, Zip Code: Benbrook, TX 76132 Phone:817-735-1600 7�� 10^ Vodl J ture Title: �} �I �v r Dale. Contractor agrees to complete WORK for FINAL ACCEPTANCE within 50 working days after the date when the CONTRACT commences to run w provided in the General Conditions. END OF SECTION SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Hulen Trails Phase 3, City Project #105292 UNIT PRICE BID Project Item Information Btdltst Description Item Street I- �1tir) //��Faaciciiliit�tiieTes //���� 1 40 IT) 2 3441.1403 �06T plexV�Insulated Elec Condr 3 3441.1408 NO 6 Insulated Elec Condr 4 3441.1633 T gOp 33B Arm 5 3441.3201 LED L)phtinq Fixture ((R-2) 6 3441.3201 LED I-IrtiVixture (R-4 7 3441.3341 Rdwv jllum 11 Polle 1 8 3441.330, Rdwy Ilium Foundation TY 1.2, and 4 1 9 9999.0001 Arterial Wood Pole 1 10 9999.0002 Arterial Wood Pole Arm htreet Lighting Subtotal Bid Summary Street Lighting Facilities Subtotal 1 Total Bid Spectficatlon I Umtof Bid I Unit Price I Bid Value Section No. Measure Quantity 260533 LF 805 $24.63J $19,827.15 344110 LF 1,236 $3.1 �1 $3.843.96 .,It 10 LF 1.179 $3.1{ $3,666.69 3441 20 EA 17 $373.00 $6.341.00 3441 20 EA 16 $428.0 $6,848.00 3441 20 EA 2 $428.00 $856.00 3441 20 EA 17 $2,981.0 , $50,67Zq 354120 EA 18 $2,326.06 $41,868.q�, 000000 EA 1 $3,151.00 $3.151.0 000000 EA 1 $1,245.0I $ 1$1,245.00 38,323.80 I $138,323.8QI I $138,323.6 This bid is submitted by the entity listed below: Company: Independent Utility Construction, Inc. By:toll StreetAddress: 6109 Sun Valley DrivevICity,Stale,Zip Code: Fort Worth, TX 76119 ``, p' �.f[ 12 Phone: 817-478-4444 Signature TitlePresident Date' 10/14/2024 Coatraclor agrees to eomplete WORE for FINAL ACCEPTANCE wlthin 40 working days af-the dale when the CONTRACT,— ..... to ruo as provided is the General Cooditioos. END OF SECTION COMPLETION AGREEMENT —SELF FUNDED This COMPLETION AGREEMENT ("Agreement"), is made and entered into by and between the City of Fort Worth, ("City") and BLOOMFIELD HOMES, L.P., a Texas Limited Liability Company, authorized to do business in Texas, ("Developer"), effective as of the last date executed by a Party hereto. The City and the Developer may collectively be called the "Parties". WITNESSETH: WHEREAS, the Developer owns that certain tract of real property that contains approximately 36.307 acres of land located in the City, the legal description of which tract of real property is marked Exhibit "A" — Legal Description, attached hereto and incorporated herein for all purposes, ("Property); and WHEREAS, the Developer intends to develop the Property as an addition to the City through plat FP-24-195; and WHEREAS, the Developer and the City have entered into a Community Facilities Agreement relating to the development, Hulen Trails Phase 3 for Water, Sewer, Storm Drain, Paving, Street Lights and Sign ("Improvements"); and WHEREAS, the City has required certain assurances that the Developer will cause to be constructed to City standards the Improvements pursuant to the Community Facilities Agreement; and WHEREAS, the Parties desire to set forth the terms and conditions of such accommodations as are described above. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements hereinafter set forth, it is hereby agreed by and between City and Developer as follows: 1. Recitals. The foregoing recitals are true, correct and complete and constitute the basis for this Agreement and they are incorporated into this Agreement for all purposes. 2. The Completion Amount. The City and the Developer agree that the Hard Costs (as shown on Exhibit "IT) required to complete the Community Facilities in the aggregate should not exceed the sum of Four Million One Hundred Fifty -Nine Thousand Five Hundred Thirty Dollars and Ninety - Eight Cents ($4,159,530.98), hereinafter called the "Completion Amount". Notwithstanding the City of Fort Worth, Texas Standard Completion Agreement — Self -Funded Revised 06.14.2024 DH CFA Official Release Date: 07.01.2015 Page Iof12 foregoing, it is acknowledged that the actual costs of completion of the Community Facilities may vary as a result of change orders agreed to by the Parties, but such variances for the purposes of this Agreement shall not affect the Completion Amount as used herein. City hereby waives the requirement for developer to deposit a financial guarantee of 100% of the Hard Costs under the CFA Policy. 3. Completion by the Developer. The Developer agrees to complete the Community Facilities and pay all Hard Costs in accordance with City standards, the CFA, the Plat, and the Plans as approved by the City. For the purposes of this Agreement, the development of the Property shall be deemed complete upon acceptance by the City of the Community Facilities pursuant to Section 6, hereof. 4. Satisfaction of the City Requirements. The City agrees that the assurances and covenants contained in this Agreement satisfy all requirements of the City with respect to Developer's Financial Guarantee, as described in the CFA Policy, or other requirements for security in connection with the development of the Property and the completion of the Community Facilities that are contained in the CFA or in any other agreement relating thereto, and the City hereby accepts the assurances and covenants contained herein in lieu thereof. To the extent the CFA irreconcilably conflicts with this Agreement, the provisions of this Agreement shall control. 5. Termination. This Agreement shall terminate upon the earlier to occur of the following: (a) acceptance by the City of the Community Facilities; or (b) mutual written agreement of the Parties. 6. Final Plat. The Parties acknowledge and agree that the City shall hold the final plat of the Property until the Community Facilities are completed and accepted by the City and all Hard Costs contractors have been paid, less retainage. Upon acceptance by the City and receipt of evidence from the Developer showing that all Hard Costs contractors have been paid, including but not necessarily limited to lien waivers and bills paid affidavits, the City shall within a reasonable time file the final plat for the Property in the Plat Records of the county where the Property is located. The purpose of the City retaining the final plat of the Property as provided herein is to guarantee the Developer's obligations under the CFA are completed. 7. Construction Contracts. Developer agrees to include in each Construction contract that it enters into for the completion of the Community Facilities the following: A. A statement that the City is not holding any security to guarantee any payment for work performed on the Community Facilities; B. A statement that the Property is private property and that same maybe subject to mechanic's and materialman's liens; City of Fort Worth, Texas Standard Completion Agreement — Self -Funded Revised 06.14.2024 DH CFA Official Release Date: 07.01.2015 Page 2of12 C. A requirement that each contractor contracting with the Developer release the City from any claim that is related to the Property; and D. A requirement that each contractor contracting with the Developer include in each subcontract the statements contained in (a), (b) and (c) above. 8. Miscellaneous. A. Non -Assignment of Agreement. This Agreement may not be assigned by any of the Parties without the prior written consent of all the other Parties. B. Notice. Any notice required or permitted to be delivered under this Agreement shall be deemed received on actual receipt by the appropriate party at the following addresses: (i) Notice to the City shall be addressed and delivered as follows: City of Fort Worth Development Services Department 100 Fort Worth Trail Fort Worth, Texas 76102 Attention: Contract Management Office Rebecca Owen, Development Manager Email: Rebecca.Owen@fortworthtexas.gov Confirmation Number: 817-392-7810 With a copy thereof addressed and delivered as follows: Office of the City Attorney City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 Attention: Richard A. McCracken Sr. Assistant City Attorney Confirmation Number: 817-392-7611 (ii) Notice to the Developer shall be addressed and delivered as follows: BLOOMFIELD HOMES, L.P. 1900 W. Kirkwood Blvd., Suite 2300B Southlake, TX 76092 A party may change its address for notice upon prior written notice to the other parties pursuant to the terms hereof. City of Fort Worth, Texas Standard Completion Agreement — Self -Funded Revised 06.14.2024 DH CFA Official Release Date: 07.01.2015 Page 3 of 12 C. Texas Law to Apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas. D. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective legal representatives, successors and assigns. E. Leaal Construction. In case any one or more of the provisions contained in this Agreement shall for any reason is held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. F. Prior Agreements Superseded. This Agreement constitutes the sole and only agreement of the Parties with respect to the subject matter hereof and supersedes any prior understandings or written or oral agreements among the Parties concerning the subject matterhereof. G. Amendment. This Agreement may only be amended by a written instrument executed by all of the Parties to this Agreement. H. Headings. The headings that are used in this Agreement are used for reference and convenience purposes only and do not constitute substantive matters to be considered in construing the teams and provisions of this Agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] City of Fort Worth, Texas Standard Completion Agreement — Self -Funded Revised 06.14.2024 DH CFA Official Release Date: 07.01.2015 Page 4of12 Executed in each entity's respective name by its duly authorized signatories effective as of the date executed by the City's City Manager or his/her designee. CITY OF FORT WORTH: DEVELOPER: BLOOMFIELD HOMES, L.P. Dana E� akoA( � v Dana Burghdoff (Nov 2024 J 5 CST) Clint Vincent (Nov 18, 2024 08:48 CST) Dana Burghdoff Clint Vincent Assistant City Manager Authorized Agent Date: Nov 21, 2024 Date: Nov 18, 2024 Approved as to Form & Legality: /L ,! Jackson Skinner Assistant City Attorney Date: Nov 21, 2024 ATTEST: �m� A -&, x Jannette Goodall City Secretary City of Fort Worth, Texas Standard Completion Agreement — Self -Funded Revised 06.14.2024 DH CFA Official Release Date: 07.01.2015 Page 5of12 LIST OF EXHIBITS ATTACEMENT "1"- CHANGES TO STANDARD AGREEMENT EXHIBIT A - LEGAL DESCRIPTION EXHIBIT B - APPROVED BUDGET City of Fort Worth, Texas Standard Completion Agreement — Self -Funded Revised 06.14.2024 DH CFA Official Release Date: 07.01.2015 Page 6of12 ATTACHMENT "1" Changes to Standard Agreement Self -Funded Completion Agreement None City of Fort Worth, Texas Standard Completion Agreement — Self -Funded Revised 06.14.2024 DH CFA Official Release Date: 07.01.2015 Page 7of12 EXHIBIT A LEGAL DESCRIPTION All that certain lot, tract, or parcel of land, situated in a portion of the International and Great Northern Railroad Co. Survey, Abstract No. 826, the Antonio Fernandes Survey, Abstract No. 506, and the Antonio Castillo Survey, Abstract No. 271, City of Fort Worth, Tarrant County, Texas, being part of that certain called 280.597 acre tract described in a deed to Bloomfield Homes, L.P. recorded in Instrument No. D218204117, D218204118, D2182044119, D218204120 of the Deed Records of Tarrant County, Texas (DRTCT), and being more completely described as follows, to -wit: COMMENCING at a 1 /2" capped iron rod found stamped "GOODW I N & MARSHALL" hereinafter referred to as a 1 /2" capped iron rod found, for the Southwest corner of Hulen Trails, Phase 1 recorded in I nstrument No. D221 180343 of the Plat Records of Tarrant County, Texas (PRTCT), the Northwest corner of South Hulen Street (80' Right -Of -Way) recorded in Instrument No. (PRTCT), and the most easterly Southeast corner of Hulen Trails, Phase 4 recorded in Instrument No. D222282590 (PRTCT), from which a 1 /2" capped iron rod found being in the West line of said Hulen Trails, Phase 1 and the East line of said Hulen Trails, Phase 4 bears North 00 deg. 46 min. 54 sec. West- 529.05 feet; THENCE North 89 deg. 13 min. 06 sec. East along the South line of said Hulen Trails, Phase 1 and the North line of said South Hulen Street, a distance of 80.00 feet to a 1 /2" capped iron rod found for the Northeast corner of said South Hulen Street, said point being the TRUE POINT OF BEGINNING; THENCE continue in an easterly direction along the South line of said Hulen Trails, Phase 1 the following twelve (12) courses: North 44 deg. 13 min. 06 sec. East, a distance of 14.14 feet to a 1 /2" capped iron rod found; North 89 deg. 13 min. 06 sec. East, a distance of 140.00 feet to a 1 /2" capped iron rod found; South 45 deg. 46 min. 54 sec. East, a distance of 14.14 feet to a 1 /2" capped iron rod found; North 89 deg. 13 min. 06 sec. East, a distance of 50.00 feet to a 1 /2" capped iron rod found; City of Fort Worth, Texas Standard Completion Agreement — Self -Funded Revised 06.14.2024 DH CFA Official Release Date: 07.01.2015 Page 8of12 North 00 deg. 46 min. 54 sec. West, a distance of 10.00 feet to a 1 /2" capped iron rod found; North 44 deg. 13 min. 06 sec. East, a distance of 14.14 feet to a 1 /2" capped iron rod found; North 89 deg. 13 min. 06 sec. East, a distance of 220.00 feet to a 1 /2" capped iron rod found; South 45 deg. 46 min. 54 sec. East, a distance of 14.14 feet to a 1 /2" capped iron rod found; North 89 deg. 13 min. 06 sec. East, a distance of 50.00 feet to a 1 /2" capped iron rod found; South 00 deg. 46 min. 54 sec. East, a distance of 110.00 feet to a 1 /2" capped iron rod found; North 89 deg. 13 min. 06 sec. East, a distance of 120.00 feet to a 1 /2" capped iron rod found; South 55 deg. 01 min. 31 sec. East, a distance of 346.42 feet to a 1 /2" capped iron rod found for the most southerly corner of said Hulen Trails, Phase 1 and a corner in the West line of Hulen Trails, Phase 2 recorded in Instrument No. D222238061 (PRTCT); THENCE continue in a southerly direction along the West line of said Hulen Trails, Phase 2 the following fifteen (15) courses: South 29 deg. 43 min. 20 sec. East, a distance of 317.96 feet to a 1 /2" capped iron rod found; North 89 deg. 39 min. 30 sec. East, a distance of 125.00 feet to a 1 /2" capped iron rod found; South 00 deg. 20 min. 30 sec. East, a distance of 110.00 feet to a 1 /2" capped iron rod found; South 44 deg. 39 min. 30 sec. West, a distance of 14.14 feet to a 1 /2" capped iron rod found; City of Fort Worth, Texas Standard Completion Agreement — Self -Funded Revised 06.14.2024 DH CFA Official Release Date: 07.01.2015 Page 9of12 South 00 deg. 20 min. 30 sec. East, a distance of 50.00 feet to a 1 /2" capped iron rod found; South 45 deg. 20 min. 30 sec. East, a distance of 14.14 feet to a 1 /2" capped iron rod found; South 00 deg. 20 min. 30 sec. East, a distance of 220.00 feet to a 1 /2" capped iron rod found; South 44 deg. 39 min. 30 sec. West, a distance of 14.14 feet to a 1 /2" capped iron rod found; South 00 deg. 20 min. 30 sec. East, a distance of 50.00 feet to a 1 /2" capped iron rod found; South 45 deg. 20 min. 30 sec. East, a distance of 14.14 feet to a 1 /2" capped iron rod found; South 00 deg. 20 min. 30 sec. East, a distance of 220.00 feet to a 1 /2" capped iron rod found; South 44 deg. 39 min. 30 sec. West, a distance of 14.14 feet to a 1 /2" capped iron rod found; South 00 deg. 20 min. 30 sec. East, a distance of 50.00 feet to a 1 /2" capped iron rod found; South 45 deg. 20 min. 30 sec. East, a distance of 14.14 feet to a 1 /2" capped iron rod found; South 00 deg. 20 min. 30 sec. East, a distance of 180.00 feet to a 1 /2" capped iron rod found for the Southwest corner of said Hulen Trails, Phase 2, being in the South line of said 280.597 acre tract and being in the approximate centerline of Cleburne Crowley Road; THENCE South 89 deg. 39 min. 30 sec. West along the South line of said 280.597 acre tract and approximate centerline, a distance of 1,163.1 1 feet to a PK nail found with washer stamped "GMCI VIL" for the Southeast corner of said South Hulen Street; City of Fort Worth, Texas Standard Completion Agreement — Self -Funded Revised 06.14.2024 DH CFA Official Release Date: 07.01.2015 Page 10 of 12 THENCE departing said South line and approximate centerline and continue in a northerly direction along the East right-of-way line of said South Hulen Street the following seven (7) courses: North 00 deg. 20 min. 30 sec. West, a distance of 40.00 feet to a 1 /2" capped iron rod found stamped "GMCIVIL"; North 45 deg. 33 min. 42 sec. West, a distance of 14.20 feet to a 1 /2" capped iron rod found stamped "GMCIVIL"; North 00 deg. 46 min. 54 sec. West, a distance of 897.61 feet to a 1 /2" capped iron rod found stamped "GMCIVIL"; North 44 deg. 13 min. 06 sec. East, a distance of 14.14 feet to a 1 /2" capped iron rod found stamped "GMCIVIL"; North 00 deg. 46 min. 54 sec. West, a distance of 50.00 feet to a 1 /2" capped iron rod found stamped "GMCIVIL"; North 45 deg. 46 min. 54 sec. West, a distance of 14.14 feet to a 1 /2" capped iron rod found stamped "GMCIVIL"; North 00 deg. 46 min. 54 sec. West, a distance of 495.00 feet to the POINT OF BEGINNING, containing 1,581,513 square feet or 36.307 acres of land, more or less. City of Fort Worth, Texas Standard Completion Agreement — Self -Funded Revised 06.14.2024 DH CFA Official Release Date: 07.01.2015 Page 11 of 12 EXHIBIT B APPROVED BUDGET Items Developer's Cost A. Water and Sewer Construction 1. Water Construction $ 622,264.57 2. Sewer Construction $ 885,412.23 Water and Sewer Construction Total $ 1,507,676.80 B. TPW Construction 1. Street $ 1,443,004.40 2. Storm Drain $ 1,070,525.98 3. Street Lights Installed by Developer $ 138,323.80 4. Signals $ - TPW Construction Cost Total $ 2,651,854.18 Total Construction Cost (excluding the fees): $ 4,159,530.98 City of Fort Worth, Texas Standard Completion Agreement— Self -Funded Revised 06.14.2024 DH CFA Official Release Date: 07.01.2015 Page 12 of 12