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HomeMy WebLinkAboutContract 63522Received Date: 6/24/2025 Received Time: 5.0 5 p . m . Developer and Project Information Cover Sheet: I Developer Company Name: Kroger Texas L.P. Address, State, Zip Code: 751 Freeport Parkway, Coppell, TX 75019 Phone & Email: kvle.2rrubbs(&,,kro2er.com; 513-762-1378 Authorized Signatory, Title: Kyle R. Grubbs, Vice President Project Name: Brief Description: Project Location: Plat Case Number: Council District: CFA Number: None provided 10 N4111I111K City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 Sendera-Rancho Marketplace DAL595 Water, Sewer, Paving, Storm Drain, and Street Lights Improvements North east corner of Sendera Ranch Blvd and Rancho Canyon Wy Plat Name: None provided Phased or Concurrent Provisions: City Project Number: Concurrent Provisions 105964 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 1 of 19 City Contract Number: 63522 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 Kroger Texas L.P. ("Developer"), an Ohio limited partnership, 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 Sendera- Rancho Marketplace DAL595 ("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. CIA 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 City of Fort Worth, Texas OFFICIAL RECORD Page 2 of 19 Standard Community Facilities Agreement CITY SECRETARY Rev. 9/21 FT. WORTH, TX 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. 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 B-1: Storm Drain © Exhibit C: 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"). City of Fort Worth, Texas Page 3 of 19 Standard Community Facilities Agreement Rev. 9/21 Developer shall keep the Financial Guarantee in full force and effect until released by the City and shall not reduce the amount of the Financial Guarantee unless authorized by the City in accordance with the CFA Ordinance. 6. Completion Deadline; 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 19 Standard Community Facilities Agreement Rev. 9/21 9. Award of Construction Contracts (a) Developer will award all contracts for the construction of the Improvements and cause the Improvements to be constructed in accordance with the CFA Ordinance. (b) Developer will employ construction contractors who meet the requirements of the City to construct the Improvements including, but not limited, to being prequalified, insured, licensed and bonded to construct the Improvements in the City. (c) Developer will require Developer's contractors to provide the City with payment and performance bonds naming the City and the Developer as dual obligees, in the amount of one hundred percent (100%) of the cost of the Improvements as required by the CFA Ordinance. The payment and performance bonds shall guarantee construction of the Improvements and payment of all subcontractors and material suppliers. Developer agrees to require Developer's contractors to provide the City with a maintenance bond naming the City as an obligee, in the amount of one hundred percent (100%) of the cost of the Improvements, that guarantees correction of defects in materials and workmanship for the Improvements by the contractor and surety for a period of two (2) years after completion and final acceptance of the Improvements by the City. All bonds must be provided to the City before construction begins and must meet the requirements of the City's Standard Conditions, Chapter 2253 of the Texas Government Code, and the Texas Insurance Code. (d) Developer will require Developer's contractors to provide the City with insurance equal to or in excess of the amounts required by the City's standard specifications and contract documents for developer -awarded infrastructure construction contracts. The City must be named as an additional insured on all insurance policies. The Developer must provide the City with a Certificate of Insurance (ACORD or form approved by the State of Texas), supplied by each contractor's insurance provider, which shall be made a part of the Project Manual. (e) Developer will require the Developer's contractors to give forty-eight (48) hours' advance notice of their intent to commence construction of the Improvements to the City's Construction Services Division so that City inspection personnel will be available. Developer will require Developer's contractors to allow construction of the Improvements to be subject to inspection at any and all times by the City's inspectors. Developer will require Developer's contractors to not install or relocate any sanitary sewer, storm drain, or water pipe unless a City inspector is present and gives consent to proceed, and to allow such laboratory tests as may be required by the City. (f) Developer will not allow Developer's contractors to begin construction of the Improvements until a notice to proceed to construction is issued by the City. (g) Developer will not allow Developer's contractors to connect buildings to service lines of sewer and water mains constructed pursuant to this Agreement, if any, until said sewer, water mains and service lines have been completed to the satisfaction of the City. 10. Utilities Developer shall cause the installation or adjustment of utilities required to: (1) serve the Project; and (2) to construct the Improvements required herein. City shall not be responsible for payment of any City of Fort Worth, Texas Page 5 of 19 Standard Community Facilities Agreement Rev. 9/21 costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with any of the Improvements to be constructed pursuant to this Agreement. 11. Easements and Rights -of -Way Developer agrees to provide, at its expense, all necessary rights -of -way and easements required for the construction and dedication to the City of the Improvements provided for by this Agreement. 12. Liability and Indemnification (a) DEVELOPER HEREBY RELEASES AND AGREES TO INDEMNIFY, DEFEND AND HOLD THE CITY HARMLESS FOR ANY INADEQUACIES IN THE PRELIMINARY PLANS, SPECIFICATIONS, ENGINEERING PLANS, AND COST ESTIMATES SUPPLIED BY 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, BROUGHTFOR OR ONACCOUNT OFANYINJURIES OR DAMAGES SUSTAINED BYANYPERSONS, INCL UDING DEATH, OR TO ANY PROPERTY, RESULTING FROM OR IN CONNECTION WITH THE CONSTRUCTION, DESIGN, PERFORMANCE OR COMPLETION OF ANY WORK TO BE PERFORMED BY SAID DEVELOPER, ITS CONTRACTORS, SUBCONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, OR IN CONSEQUENCE OF ANY FAILURE TO PROPERLY SAFEGUARD THE WORK, OR ONACCOUNT OFANYACT, INTENTIONAL OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID DEVELOPER, ITS CONTRACTORS, SUB -CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, WHETHER OR NOT SUCHINJURIES, DEATH OR DAMAGESARE 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 19 Standard Community Facilities Agreement Rev. 9/21 13. Right to Enforce Contracts Upon completion of all work associated with the construction of the Improvements, Developer will assign to the City a non-exclusive right to enforce the contracts entered into by Developer with its contractors, along with an assignment of all warranties given by the contractors, whether express or implied. Further, Developer agrees that all contracts with any contractor 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: Kroger Texas L.P. 751 Freeport Parkway Coppell, TX 75019 Page 7 of 19 100 Fort Worth Trail Fort Worth, Texas 76102 With copies to: City Attorney's Office City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 and City Manager's Office City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 Or to such other address one party may hereafter designate by notice in writing addressed and mailed or delivered to the other party hereto. 17. Right to Audit Developer agrees that, until the expiration of three (3) years after acceptance by the City of the Improvements constructed pursuant to this Agreement, that the City shall have access to and the right to examine any directly pertinent books, documents, papers and records of the Developer involving transactions relating to this Agreement. Developer agrees that the City shall have access during normal working hours to all necessary Developer facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Developer reasonable advance notice of intended audits. Developer further agrees to include in all contracts with Developer's contractors for the Improvements a provision to the effect that the contractor agrees that the City shall, until the expiration of three (3) years after final payment under the contract, have access to and the right to examine any directly pertinent books, documents, papers and records of such contractor, involving transactions to the contract, and further, that City shall have access during normal working hours to all of the contractor's facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Developer's contractors reasonable advance notice of intended audits. 18. Independent Contractor It is expressly understood and agreed that Developer and its employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers shall operate as independent contractors as to all rights and privileges and work performed under this Agreement, and not as agents, representatives or employees of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Developer shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its employees, representatives, agents, servants, officers, City of Fort Worth, Texas Page 8 of 19 Standard Community Facilities Agreement Rev. 9/21 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. 24. City of Fort Worth, Texas Page 9 of 19 Standard Community Facilities Agreement Rev. 9/21 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 Govermnent Code. To the extent that Chapter 2271 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not boycott Israel; and (2) will not boycott Israel during the term of this Agreement. 26. Prohibition on Boycotting Energy Companies Developer acknowledges that in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meanings ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 27. Prohibition on Discrimination Against Firearm and Ammunition Industries Developer acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this City of Fort Worth, Texas Page 10 of 19 Standard Community Facilities Agreement Rev. 9/21 Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 28. Immigration and Nationality Act Developer shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Developer shall provide City with copies of all 1-9 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 19 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 19 Standard Community Facilities Agreement Rev. 9/21 36. Cost Summary Sheet Project Name: Sendera-Rancho Marketplace DAL595 CFA No.: 25-0019 City Project No.: 105964 IPRC No.: 24-0232 Items Developer's Cost A. Water and Sewer Construction 1. Water Construction $ 409,790.00 2. Sewer Construction $ 126,638.00 Water and Sewer Construction Total $ 536,428.00 B. TPW Construction 1. Street $ 197,446.24 2. Storm Drain $ 509,994.00 3. Street Lights Installed by Developer $ 84,816.00 4. Signals $ - TPW Construction Cost Total $ 792,256.24 Total Construction Cost (excluding the fees): $ 1,328,684.24 Estimated Construction Fees: C. Construction Inspection Service Fee $147,825.00 D. Administrative Material Testing Service Fee $4,685.20 E. Water Testing Lab Fee $1,113.75 Total Estimated Construction Fees: $ 153,623.95 Choice Financial Guarantee Options, choose one Amount (Mark one (Bond = 100% $ 1,328,684.24 I X ICompletion Agreement = 100%/ Holds Plat $ 1,328,684.24 (Cash Escrow Water/Sanitary Sewer= 125% $ 670,535.00 (Cash Escrow Paving/Storm Drain = 125% $ 990,320.30 ILetter of Credit = 125% $ 1,660,855.30 Escrow Pledge Agreement = 125% $ 1,660,855.30 City of Fort Worth, Texas Page 13 of 19 Standard Community Facilities Agreement Rev. 9/21 IN WITNESS WHEREOF, the City and Developer have each executed this Agreement by their duly authorized signatories to be effective on the date executed by the City's Assistant City Manager. CITY OF FORT WORTH cp�� Jesica McEachern Assistant City Manager Date: 06/24/2025 Recommended by: Bichson Nguyen Sr. Contract Compliance Specialist Development Services Approved as to Form & Legality: Richard McCracken Sr. Assistant City Attorney M&C No.: N/A Date: 06/24/2025 Form 1295: N/A ATTEST: an q0! FORT add O° p � ° G,pdpd C �\y=�✓1��� pC*A d dddn nEopS.do Jannette S. Goodall City Secretary City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 DEVELOPER Kroger Texas L.P. an Ohio limited partnership By: KRGP LLC an Ohio limited liability company, its general partner Kyle le 6yu1919s KvIP R Gruhh- (Jun 24, 2025 09741 EDTI Kyle R. Grubbs Vice President Date: 06/24/2025 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. k2�;� Kandice Merrick Contract Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 14 of 19 The following attachments are incorporated into this Agreement. To the extent a conflict exists between the main body of this Agreement and the following attachments, the language in the main body of this Agreement shall be controlling. Included Attachment ❑x Attachment 1 - Changes to Standard Community Facilities Agreement ❑ Attachment 2 — Phased CFA Provisions ❑X Attachment 3 — Concurrent CFA Provisions Location Map © Exhibit A: Water Improvements X❑ Exhibit A-1: Sewer Improvements X❑ Exhibit B: Paving Improvements © Exhibit B-1: Storm Drain Improvements © Exhibit C: Street Lights and Signs Improvements ❑ © Cost Estimates (Remainder of Page Intentionally Left Blank) City of Fort Worth, Texas Page 15 of 19 Standard Community Facilities Agreement Rev. 9/21 ATTACHMENT "I" Changes to Standard Community Facilities Agreement City Project No. 105964 None City of Fort Worth, Texas Page 16 of 19 Standard Community Facilities Agreement Rev. 9/21 ATTACHMENT " 3" Concurrent CFA Provision City Project No. 105964 The improvements being constructed by Developer pursuant to this Agreement will connect to improvements being constructed by Lennar Homes of Texas Land and Construction, Ltd. under a separate Community Facilities Agreement, City Contract No. 62847 (Hereinafter the "Separate CFA"). Developer has requested and the City has agreed to allow Developer to begin the construction of the improvements contained in this Agreement before the improvements being constructed under City Secretary Contract No. 62847 are completed and accepted by the City. Therefore, this Agreement shall be considered a "Concurrent CFA" and the provision contained in this Attachment shall apply to this Agreement. The improvements being constructed under the Separate CFA shall be defined as the "Primary Project." The improvements being constructed by Developer under this Agreement shall be defined as the "Secondary Project." Developer acknowledges and agrees that due to Developer's election to construct a Concurrent CFA, the potential exists for technical, delivery, acceptance or performance problems (hereinafter "Construction Problems"). Construction Problems may include, but are not limited to: failure of the improvements to comply with the approved plans or City Specifications; failure of the improvements in the Primary Project and the Secondary Project to properly connect to each other; changes to the design or construction of the improvements in the Primary Project that impact the design and construction of the improvements in the Secondary Project; construction delays, delay claims, or claims for liquidated damages; increased costs for the Developer or the developer of the Primary Project; failure of the improvements to pass inspection or material testing; or rejection by the City of some or all of the improvements and Developer or the developer of the Primary Project having to remove and reconstruct the improvements at the expense of Developer, developer of the Primary Project, or both. In addition, Developer understands and agrees that disputes may arise between the contractors or subcontractors for the Primary Project and the contractors or subcontractors for the Secondary Project relating to responsibility for the Construction Problems. Developer shall be solely responsible for resolving disputes between contractors, disputes between contractors and subcontractors and disputes between Developer and the developer of the Primary Project. Developer acknowledges and certifies that Developer has entered into a written agreement with the developer of the Primary Project and said agreement: (1) provides Developer with any access needed through property owned by the developer of the Primary Project; (2) that Developer and the developer of the Primary Project shall resolve all disputes regarding the design and construction of the Primary Project and the Secondary Project; and (3) the developer of the Primary Project will notify Developer of any all changes to the design or construction of the improvements in the Primary Project, including any field changes. Developer further acknowledges and agrees that Developer has notified all of Developer's contractors for the Project that Developer has elected to construct a Concurrent CFA, the provisions of this Attachment, the risks associated with a Concurrent CFA, and that the City shall not bear any responsibility for construction of the improvements or Developer's decision to proceed with a Concurrent CFA. Developer shall not make the final connection of the improvements in the Secondary Project to the improvements in the Primary Project until the improvements in the Primary Project City of Fort Worth, Texas Page 17 of 19 Standard Community Facilities Agreement Rev. 9/21 have been constructed and accepted by the City and the City has consented to Developer making the connection. Developer agrees that if this Agreement is for improvements relating to the construction, renovation or modification of one or more single family residential homes or structures, the City will not record the plat related to the Project until the improvements are constructed and accepted by the City. Developer agrees that if this Agreement is for improvements relating to the construction, renovation or modification of one or more commercial buildings or structures, the Developer shall not receive a Certificate of Occupancy from the City for the building(s) related to the Project until the improvements in this Agreement are constructed and accepted by the City. Developer further understands and agrees that completion of the improvements under this Agreement does not entitle Developer to obtain a final plat of the property until all other requirements of Federal law, State law, or the City Code relating to the filing and recording of a final plat have been met by Developer. BY CHOOSING TO CONSTRUCT A CONCURRENT CFA, DEVELOPER ASSUMES ALL RISKS AND DEVELOPER SHALL BE LIABLE AND RESPONSIBLE FOR ANYAND ALL DAMAGES, INCLUDINGBUTNOTLIMITED TO, ANYAND ALL ECONOMICDAMAGES, PROPERTYLOSS, PROPERTYDAMAGESANDPERSONAL INJURY (INCLUDING DEATH), OFANYKIND OR CHARACTER, WHETHER REAL ORASSERTED. DEVELOPER HEREBYEXPRESSL YRELEASESANDDISCHARGES CITY FROM ANY AND ALL LIABILITY FOR DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL ECONOMIC DAMAGES, PROPERTY LOSS, PROPERTY DAMAGE AND PERSONAL INJURY (INCLUDING DEATH) ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION OF THE IMPROVEMENTS OR DEVELOPER'S DECISION TO CONSTRUCT A CONCURRENT CFA. DEVELOPER, AT ITS SOLE COST AND EXPENSE, AGREES TOANODOESHEREBYINDEMNIFY, DEFEND, PROTECT, AND HOLD HARMLESS CITY, AND CITY'S OFFICERS, REPRESENTATIVES, AGENTS, EMPLOYEES, AND SERVANTS FOR, FROMAND AGAINST ANYAND ALL CLAIMS (WHETHER AT LA W OR INEQUITY), LIABILITIES, DAMAGES (INCLUDING ANY AND ALL ECONOMIC DAMAGES, PROPERTY LOSS, PROPERTY DAMAGES AND PERSONAL INJURIESINCLUDINGDEATH), LOSSES, LIENS, CAUSES OFACTION, SUITS, JUD GMENTS A NO EXPENSES (INCL UDING, BUT NOT LIMITED TO, COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION), OF ANYNATURE, KIND OR DESCRIPTION ARISING OR ALLEGED TO ARISE BY OR IN ANY WAY RELEATED TO CONSTRUCTION OF THE IMPROVEMENTS OR DEVELOPER'S CHOICE TO CONSTRUCT A CONCURRENT CFA, OR (2) BY REASON OF ANY OTHER CLAIM WHATSOEVER OF ANY PERSON OR PARTY OCCASIONED OR ALLEGED TO BE OCCASIONED IN WHOLE OR INPART BY THE CONSTRUCTION OF THE IMPROVEMENTS OR DEVELOPER'S CHOICE TO CONSTRUCT A CONCURRENT CFA, WHETHER OR NOT SUCH INJURIES. DEATH OR DAMAGES ARE CAUSED. IN WHOLE OR IN PART. BY THE ALLEGED NEGLIGENCE OF THE CITY OFFORT WORTH, ITS OFFICERS. SERVANTS. OR EMPLOYEES. By signing below, Developer certifies that all statements contained in this Attachment "3" Concurrent CFA Provision are true and correct. City of Fort Worth, Texas Page 18 of 19 Standard Community Facilities Agreement Rev. 9/21 DEVELOPER Kroger Texas L.P. an Ohio limited partnership By: KRGP LLC an Ohio limited liability company its general partner Kyle R Gyubbs Kyle R. Grubbs (Jun 24, 2025 09:41 EDT) Kyle R. Grubbs Vice President Date: 06/24/2025 City of Fort Worth, Texas Page 19 of 19 Standard Community Facilities Agreement Rev. 9/21 VICINITY MAP NOT TO SCALE MAPSCO NO. COUNCIL DISTRICT CONSULTING CIVIL ENGINEERS • SURVEYORS (972) 490-7090 FAX (972) 490-7099 5C 10 CFA VICINITY MAP SENDERA-RANCHO MARKETPLACE DAL595 FORT WORTH, TX CPN 105964 I PRC24-0232 SHEET OF Scale Date : 2/24/2025 THE KROGER COMPANY Dwg. File : 63918—CFA.DWG 751 FREEPORT PARKWAY 1 Proiect No. : 63918 COPPELL, TX 75019 I �q LEGEND II I I I I dl II I EX. WATER LINE II I - �WTR PROP. WATER LINE I III I I I II I I I II I I „ III I II I i I li I �I II I I JI III ' TAMBOR LANE 91 � I-- ' fi IYTJ € � Il III ll INSTALL FIRE 1 +II II HYDRANT ASSEMBLY f T — BLAZIN BRONCO LANE II it I - �_ �— STM— — T CONNECT TO EX. a 8" WA TER LINE ~� I m l ii� = ii i i INSTALL 8[�t!HTI !!I I WATER LINE i it I I Q II III �T � I II I NSTALL FIRE HYDRANT ASSEMBLY � 1 I � INSTALL FIRE HYDRANT ASSEMBLY + INSTALL FIRE HYDRANT ASSEMBLY f— — W"y ��� 1214111 ! ❑ �- —TM --- STM -- — TM £ s` I INSTALL FIRE / ^ _ INSTALL FIRE g HYDRANT ASSEMBLY / / HYDRANT ASSEMBLY O / CONNECT TO EX. -F— I _. __:_' -`�—+_►� — 8" WATER LINE ' �l II I I I I I I CONSULTING CIVIL ENGINEERS - SURVEYORS (972) 490-7090 FAX (972) 490-7099 Scale : 1"=180' Date : 2/24/2025 Dwg. File : 63918-CFA.DWG Proiect No. : 63918 RANCHO CANYON WAY = — CPN 105964 I PRC24-0232 CFA EXHIBIT A — WATER SENDERA-RANCHO MARKETPLACE DAL595 SHEET FORT WORTH, TX 1 OF THE KROGER COMPANY 751 FREEPORT PARKWAY 1 COPPELL, TX 75019 ' I LEGEND - I I II I pl i I ss EX. SS LINE w I — PROP. SS LINE I I I I I I e I II I =11 e I I I x II gl TAMBOR LANE �I — _ CONNECT TO INSTALLS 4 SSMH _ EX. 6 SEWER LINE, J;III' ".I I ' � E - INSTALL SSMH INSTALL SSMH -7'_ I�ss INSTALL 6" PVC I = I n SEWER LINE an INSTALL SSMH JINSTALL 6" PVC o SEWER LINE Ju I INSTALL 6" PVC SEWER LINE iiflT a �j II - ' $I INSTALL SSMHAl 1 1 30w 0 300 600 Scale: 1" = 180' TM ` INSTALL SSMH i I,•- INSTALL 8" PVC SEWER LINE EX. 6" SEWER LINE I _ " "` SA i J INSTALL SSMH 1 _ — CONNECT TO EX. 6" SEWER LINE T CONNECT TO s EX. 6" SEWER LINE — S — — I ° INSTALL SSMH TMTM = INSTALL 6" PVC j SEWER LINE - �r ' -�E' INSTALL SSMH I)H+I I I I) I I I I I' F" I I i = 4 INSTALL 6" PVC _ �= - - 3," SEWER LINE 30 —_ SS �s Ss - - - - xl 24 CONNECT TO — — RANCHO CANYON WAY— — EX. 6" SEWER LINE CONSULTING CIVIL ENGINEERS - SURVEYORS (972) 490-7090 FAX (972) 490-7099 Scale : 1"=180' Date : 2/24/2025 Dwg. File : 63918—CFA.DWG Proiect No. : 63918 \ INSTALL SSMH I 1NNSTALL 8" PVC II SEWER LINE CONNECT TO EX. 6" SEWER LINE INET, CONNECT TO I 24w CPN 105964 I PRC24-0232 CFA EXHIBIT A7 - SEWER SENDERA—RANCHO MARKETPLACE DAL595 SHEET FORT WORTH, TX 1 OF THE KROGER COMPANY 751 FREEPORT PARKWAY 1 COPPELL, TX 75019 I' I LEGEND I ® 5'X5' JUNCTION BOX II 10' CURB INLET I I � III I n I e 15' CURB INLET EX. SS LINE TAMBOR LANE J PROP. SS LINE i�-I II II I I IIIII 1 " I III Q \ BLAZIN BRONCO LANE 91� " F-4'1aw- :3 „ I III I I I I I I I .�,..,24w — — — RANCHO CANYON WAY CONSULTING CIVIL ENGINEERS - SURVEYORS (972) 490-7090 FAX (972) 490-7099 Scale : 1"=180' Date : 2/24/2025 Dwg. File : 63918-CFA.DWG Proiect No. : 63918 N W E S 0 180 36C Scale: 1" = 180' CONNECT TO EX. 3-3'x3' � RCCB STORM LINE I: INSTALL 33'x3' RCB STORM LINE INSTALL 42" RCP -� \ STORM LINE . L law INSTALL 5'x5' � \\ JUNCTION BOX INSQTONE EADWALL AND INSTALL 18" RCP RIP RAP \ II STORM LINE Q CONNECT TO EX. RCP STORM LINE CFA EXHIBIT B1 - STORM DRAIN SENDERA—RANCHO MARKETPLACE DAL595 SHEET FORT WORTH, TX 1 OF THE KROGER COMPANY 751 FREEPORT PARKWAY 1 COPPELL, TX 75019 LEGEND • 0 EXISTING STREET LIGHT ---EX. 2" CONDUIT «•� PROPOSED STREET LIGHT —�—PROP. 2" CONDUIT �•► STRAIGHT ARROW RIGHT/LEFT ARROW STOP BAR -"� RIGHT/LEFT ARROW COMBINED TAMBOR LANE _v n� illy l INSTALL .I STOP BAR 11 I I JI III E I III '�.11 • .I II I I I INSTALL RIGHT/LEFT N W E S 0 180 360 Scale: 1" = 180' ARROW COMBINED 4\ I i litll -_ INSTALL STRAIGHT 7 ° ARROW EI=% N E W STREET — -M LIGHT LOCHTION���\� r \ n� Iy J EX. STREET LIGHT \ ` III PROP. STREET TO BE RELOCATED I ccLIGHT I_ EX. STREET LIGHT INSTALL Q� STOP BAR 118,337 S.F. (NET) \ Cr 1 TO BE RELOCATED INSTALL LEFT I oI / I� INSTALL RIGHT TURN ARROW z I- l� TURN ARROW _ INSTALL STRAIGHT \ " INSTALL STRAIGHT -� -- ARROW ARROW - — sirs INSTALL LEFT •� 0 INSTALL RIG� INSTALL 6" WHITE = n TURN ARROW \ THERMOPLASTIC SINGLE TURN ARROW = INSTALL RIGHT, NEW STREET =CONTINUOUS STRIPING TURN ARROW ar T . I LIGHT LOCATION' INSTALL RIGHT/LEFT — lta: III_� _�T �, 1 mNEW STREETARROW COMBINED = — LIGHT LOCATION' L •"' INSTALL RIGHT/LEFT w. _ INSTALL - II —_ — —_ STOP BAR • - ARROW COMBINED — __ r'� i i iJl r =�II- EX. STREET LIGHT— 1 __ TO BE RELOCATED I) I I I I I p of r II II Sow h Ll—�— — =-—- o , I I III I I I I I �I I I �.... s�..� .-.,,.7.,.v 21 7INSTALL RANCHO CANYON WAYINSTALL STRAIGHT ARROW P BAR CONSULTING CIVIL ENGINEERS - SURVEYORS (972) 490-7090 FAX (972) 490-7099 Scale : 1"=180' Date : 2/24/2025 Dwg. File : 63918—CFA.DWG Proiect No. : 63918 INSTALL STOP BAR CPN 105964 I PRC24-0232 CFA EXHIBIT C - STREET LIGHTING & SIGNS SENDERA—RANCHO MARKETPLACE DAL595 SHEET FORT WORTH, TX 1 OF THE KROGER COMPANY 751 FREEPORT PARKWAY 1 COPPELL, TX 75019 UNIT PRICE BID Bidlist Item No 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Bidder's Application Project Item Information Description I Specification I Unit of I Bid Quantity Section No Measure UNIT I: WATER IMPROVEMENTS 3312,0001 Fire Hydrant No Bollards 33 12 40 EA 7 9999.0022 2" Water Service Copper Domestic & Irrigation 33 12 10 LF 126 3312.3002 6" Gate Valve 33 12 20 EA 8 3312.4004 B" x 6" Tapping Sleeve & Valve 33 12 25 EA 2 3311.0141 6" Water Pipe DR-14 3311 10,33 LF 11 12 282 3311.0241 8" Water Pipe DR-14 33 11 10,33 LF 11 12 1413 3312.3103 8" Cut -in Gate Valve 33 12 20 EA 2 3305.0109 Trench Safety 3305 10 LF 2095 9999.0023 1" Water Service Copper Irrigation 33 12 10 LF 109 3312.3003 8" Gate Valve 33 12 20 EA 1 3311.0251 8" DIP Water CL250 3311 10 LF 154 9999.0007 Steel Encasement 20" 00 00 00 LF 15 9999.0006 3/4" Water Service Copper Domestic 00 00 00 LF 11 331Z0117 Connect to Existing 12" Stub - Water 33 12 25 EA 1 3312.0117 Connect to Existing 8" Stub - Water 33 12 25 EA 1 9999,0003 8" x 8" Cut -In Tee 00 00 00 EA 1 9999.0002 6" Detector Check Valve & Vault 00 00 00 EA 1 3312.2201 2" Domestic Service Off Existing 8"(No BFP) 33 12 10 EA (Meter By Others) 1 3312.2201 2" Domestic Service Off New 8"(No BFP) (Meter 33 12 10 EA By Others) 4 3312.2201 2" Irrigation Service Off Existing 8"(No BFP) 33 12 10 EA (Meter By Others) 1 3312.2001 1" Irrigation Service Off Existing 12"(No BFP) 33 12 10 EA (Meter By Others) 1 3312.2001 1" Irrigation Service Off New 8"(No BFP) (Meter 33 12 10 EA By Others) 4 9999.0001 3/4" Domestic Service Off Existing 12"(Meter By 33 12 10 EA Others) 1 3305.0003 8" Waterline Lowering 33 05 12 EA 5 9999.0016 Remove Existing 8" Waterline and Re -Cap 00 00 00 LF 11 9999.0005 Ductile Iron Fittings 33 11 11 EA 30 9999.0018 CLSM Backfill - Water 00 00 00 LF 130 9999.0017 Layout 00 00 00 LF 2095 9999.0019 Testing - Water 00 00 00 LS 1 TOTAL_ UNIT I: WATER IMPROVEMENTS, Bidders Proposal Unit Price I Bid Value $5,431.00 $38,017.00 $86.00 $10,836.00 $2,039.00 $16,312.00 $7,898 00 $15,796.00 $73.00 $20,586.00 $57 00 $80.541.00 $9,497 00 $18,994.00 $1.00 $2,095.00 $7100 $7,739.00 $2,676.00 $2,676.00 $104 00 $16,016.00 $165 00 $2,475.00 $106.00 $1,166.00 $4,213.00 $4,213.00 $4,12900 $4,129.00 $15,371.00 $15.371.00 $16,273.00 $16,273 00 $5,438.00 $5,438 00 $3,112.00 $12,448.00 $5,438.00 $5.438.00 $4.583.00 $4,583.00 $2,257.00 $9,028.00 $4,590.00 $4,590.00 $5,388.00 $26,940.00 $163.00 $1,793.00 $1,032.00 $30,960.00 $195.00 $25.350.00 $2.00 $4,190.00 $5,797 00 $5,797.00 $409.790.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Forth Version May 22, 2019 00 42 43_13id P,.1-"I_DAP 04 15 25 00 42 43 DAP - BID PROPOSAL Peg. 2 or6 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item I Description Specification I Unit of Bid Quantity Unit Price I Bid Value No. Section No Measure UNIT II: SANITARY SEWER IMPROVEMENTS 1 3339 1001 4' Manhole 33 39 10, 33 EA 3920 6 $12,883.00 $77,298.00 3331 4108 6" Sewer Pipe SDR-26 PVC 3311 10,33 2 31 12,3331 LF 20 115 $86.00 $9,890.00 3331 4115 B" Sewer Pipe SDR-26 PVC 3311 10,33 3 31 12,3331 LF 20 40 $91.00 $3,640.00 4 3305.0109 Trench Safety 33 05 10 LF 155 $1.00 $155.00 5 9999.0025 Connecto to Existing Manhole 00 00 00 EA 1 $4,614.00 $4,614.00 6 9999.0026 Connect to Existing 8" Stub -Sewer 00 00 00 EA 2 $3,862.00 $7,724 00 7 9999.0027 Connect to Existing 8" Stub -Sewer 00 00 00 EA 2 $1,968.00 $3,936.00 8 9999.0028 4' Manhole on Existing 00 00 00 EA 1 $10,276.00 $10,276.00 9 9999.0029 CLSM Backlill -Sewer 00 00 00 LF 30 $195.00 $5,850.00 10 9999.0030 Layout - Sewer 00 00 00 LF 155 $5.00 $775.00 11 9999.0031 Testing - Sewer 00 00 00 LF 155 $16-00 $2,480.00 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 TOTAL I INR IE $AXMNff SEYYF,R.IMPROVEMENTS $126,638.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form V.rsion May 22. 2019 00 42 43_Bd Proposal DAP 04 15 25 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Iteml Description I Specification Unit of Bid Quantity Unit Price Bid Value No. Section No Measure UNIT III: DRAINAGE IMPROVEMEP TS 1 0241.4401 Remove Headwall & Connect to Existing (3) 3 x D2 41 14 EA 3 MBC 1 $10,350-00 $10,350.00 2 3349.0002 5' Storm Junction Box 33 49 10 EA 2 $10,131.00 $20,262.00 3 3349.5001 10' Curb Inlet wfsleps 33 49 20 EA 1 $10,121 00 $10,121.00 4 3341.0201 21" RCP, Class III 3341 10 LF 23 $96.00 $2,208.00 5 3341.0205 24" RCP, Class III 3341 10 LF 187 $107 00 $20.009.00 6 3341.0402 42" RCP, Class III 3341 10 LF 374 $193.00 $72,182.00 7 3341.0409 48" RCP, Class III 3341 10 LF 337 $249 00 $83,913.00 8 3341.1002 (3) 3x3 Box Culvert MBC 3341 10 LF 267 $676.00 $181,026.00 9 3305.0109 Trench Safety 330510 LF 1188 $1.00 $1,168.00 9999.0008 MBC Parallel wing headwall (Handrail by Others) 10 00 00 00 EA 1 $22,346 00 $22,346.00 11 0241.4001 Remove 10' Curb Inlet 0241 14 EA 1 $6,156.00 $6,156.00 12 9999.0009 8" Rip rap on 6" Bedding 00 00 00 SF 3254 $16.00 $52,064.00 14 334SL5002 15' Curb Inlet wlsteps 33 49 20 EA 1 $12.976.00 $12,976.00 15 9999.0004 Connect to Existing Curb Inlet 00 00 00 EA 1 $4.678.00 $4.678.00 16 3305.0112 Concrete Collar 3305 17 EA 1 $1,011.00 $1.011.00 17 9999.0017 Layout 00 00 00 LF 1188 $2.00 $2,376.00 18 3301.0002 Post -CCTV Inspection 3301 31 LF 1188 $6.00 $7,128.00 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 TOTAL UNIT III: DRAINAGE IMPROVEMENTS $509.994.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 42 43_B,d Proposal_DAP 04 15 25