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HomeMy WebLinkAboutContract 63595Received Date: 7/3/2025 Received Time: 8 : 42 a.m. Developer and Project Information Cover Sheet: Developer Company Name: Address, State, Zip Code: Phone & Email: Authorized Signatory, Title: Project Name: Brief Description: Project Location: Plat Case Number: PP-23-056 Council District: 3 CFA Number: 24-0037 PMB Team Ranch Devco LLC 4001 Maple Avenue, Suite 270, Dallas, Texas 75219 (215) 954-7008; Tavlor(&,nmbinv.com Taylor Baird, Manager Aledo Road Infrastructure Water, Sewer, and Paving Improvements NE corner of Aledo Road & Chapin School Road Plat Name: Phased or Concurrent Provisions: Rockbrook None City Project Number: 1 105498 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Page 1 of 20 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 City Secretary Number: 63595 STANDARD COMMUNITY FACILITIES AGREEMENT WITH CITY PARTICIPATION 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 PMB Team Ranch Devco LLC ("Developer"), a Texas limited liability company, 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 Aledo Road Infrastructure ("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 desires to participate in this Agreement in an amount not to exceed $2,672,381.40 to enlarge the scope of the Improvements beyond what Developer is responsible for constructing by oversizing an 8-inch water main to a 16-inch water main and an 8-inch sewer main to 18- inches, 20-inches, and 27-inches for anticipated future growth located in Southwest Fort Worth as authorized by City Council through approval of M&C 25-0291 on April 8, 2025 ("City Participation"); and WHEREAS, the City Participation includes reimbursement to Developer in amounts not to exceed $2,207,431.01 for construction costs, $44,785.90 for material testing costs, and $411,620.14 for design costs. The remaining City Participation in the amount of $8,544.35 shall not be paid to Developer, but will be used by City to pay for the City's portion of construction inspection service fees, administrative material testing fees, and water lab testing fees; and OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Page 2 of 20 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 WHEREAS, the Developer and the City desire to enter into this Agreement in connection with the collective Improvements for the Project; NOW, THEREFORE, for and in consideration of the covenants and conditions contained herein, the City and the Developer do hereby agree as follows: 1. CFA Ordinance The Community Facilities Agreements Ordinance ("CFA Ordinance"), as amended, is incorporated into this Agreement by reference, as if it was fully set forth 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. 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 B: Sewer © Exhibit C: Paving ❑ Exhibit D: Storm Drain ❑ Exhibit E: Street Lights & Signs ❑ Exhibit F: Traffic Signal & Striping The Location Map and Cost Estimates are also attached hereto and incorporated herein by reference. To the extent that Exhibits A, B, C, D, E, F, 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 City of Fort Worth, Texas Page 3 of 20 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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. If the Developer's contractors: (a) are not constructing the Improvements in accordance with the Engineering Plans; (b) the contractors violate federal law, state law or local law, policies, rules or regulations in connection with the construction of the Improvements; or (c) coordination of the timing of the construction of adjacent utilities is necessary to avoid having to remove and replace Improvements that Developer's contractors are about to install, the City may temporarily suspend the construction of the Improvements by delivering a written notice to Developer and Developer's contractors. The temporary suspension of the construction of the Improvements shall only occur for the amount of time necessary for Developer's contractors to correct the violation or for the coordination of the utilities to be completed, and upon any such suspension, City agrees to reimburse Developer for the City's share of construction costs for work properly completed through the date City suspended construction. 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. 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. If the Improvements are not completed at the end of the Term, and any Extension Periods, there will be no further obligation for City Participation to be paid to the Developer. (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. City of Fort Worth, Texas Page 4 of 20 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 (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 (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 City of Fort Worth, Texas Page 5 of 20 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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. (h) Developer shall ensure the contractors are paid the City's wage rates in effect during construction of the Improvements. 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. 11. Easements and Rights -of -Way Developer agrees to provide, at its expense, all necessary rights -of -way and easements required for the construction and dedication to the City of the Improvements provided for by this Agreement. 12. Liability and Indemnification (a) DEVELOPER HEREBY RELEASES AND AGREES TO INDEMNIFY, DEFEND AND HOLD THE CITY HARMLESS FOR ANY INADEQUACIES IN THE PRELIMINARY PLANS, SPECIFICATIONS, ENGINEERING PLANS, AND COST ESTIMATES SUPPLIED BY THE DEVELOPER FOR THIS AGREEMENT. (b) THE DEVELOPER COVENANTS AND AGREES TO, AND BY THESE PRESENTS DOES HEREBY FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM ALL SUITS, ACTIONS OR CLAIMS OF ANY CHARACTER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ONACCOUNT OFANYINJURIES OR DAMAGES SUSTAINED BYANYPERSONS, INCLUDING DEATH, OR TO ANY PROPERTY, RESULTING FROM OR IN CONNECTION WITH THE CONSTRUCTION, DESIGN, PERFORMANCE OR COMPLETION OF ANY WORK TO BE City of Fort Worth, Texas Page 6 of 20 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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. 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 Developer's portion of 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 Developer's portion 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 City of Fort Worth, Texas Page 7 of 20 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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 Department Contract Management City of Fort Worth 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 DEVELOPER: PMB Team Ranch Devco LLC 4001 Maple Avenue, Suite 270 Dallas, Texas 75219 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 City of Fort Worth, Texas Page 8 of 20 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 Developer agrees that, until the expiration of three (3) years after acceptance by the City of the Improvements constructed pursuant to this Agreement, that the City shall have access to and the right to examine any directly pertinent books, documents, papers and records of the Developer involving transactions relating to this Agreement. Developer agrees that the City shall have access during normal working hours to all necessary Developer facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Developer reasonable advance notice of intended audits. Developer further agrees to include in all contracts with Developer's contractors for the Improvements a provision to the effect that the contractor agrees that the City shall, until the expiration of three (3) years after final payment under the contract, have access to and the right to examine any directly pertinent books, documents, papers and records of such contractor, involving transactions to the contract, and further, that City shall have access during normal working hours to all of the contractor's facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Developer's contractors reasonable advance notice of intended audits. 18. Independent Contractor It is expressly understood and agreed that Developer and its employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers shall operate as independent contractors as to all rights and privileges and work performed under this Agreement, and not as agents, representatives or employees of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Developer shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer acknowledges that the doctrine of respondeat superior shall not apply as between the City and its officers, representatives, agents, servants and employees, and Developer and its employees, representatives, agents, servants, officers, contractors, 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. City of Fort Worth, Texas Page 9 of 20 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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 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. 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. City of Fort Worth, Texas Page 10 of 20 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 Prohibition on Boycotting Energy Companies Developer acknowledges that in accordance with Chapter 2276 of the Texas Government Code 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. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 27. Prohibition on Discrimination Against Firearm and Ammunition Industries Developer acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code 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. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm 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. Compliance with Public Information Act Requests The requirements of Subchapter J, Chapter 552, Government Code, may apply to this Agreement and Developer agrees that the Agreement can be terminated if Developer knowingly or intentionally fails to comply with a requirement of that subchapter. Developer acknowledges that section 552.371 of the Texas Government Code applies to this Agreement if: (1) this Agreement has a stated expenditure of at least $1 million in public funds for the purchase of good or services by the City; or (2) this Agreement results in the expenditure of at least $1 million in public funds for the purchase of goods or services by the City in a fiscal year of the City. To the extent that section 552.371 of the Texas Government Code applies to this Agreement, Developer shall comply with section 552.372 of the Texas Government Code by: (1) preserving all contracting information relating to this Agreement as provided by the records retention requirements applicable to the City for the duration of the Agreement; (2) promptly providing the City any contracting information related to this Agreement that is in the custody or possession of Developer on request of the City; and (3) on completion of the Agreement, either (a) providing at no cost to the City all contracting information related to the Agreement that is in the custody or possession of Developer; or (b) preserving the contracting information relating to the Agreement as provided by the retention requirements application to the City. 29. Immigration and Nationality Act City of Fort Worth, Texas Page 11 of 20 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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. 30. 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. 31. 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. 32. 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. 33. 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. 34. 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. City of Fort Worth, Texas Page 12 of 20 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 35. Counterparts This Agreement may be executed in multiple counterparts, each of which will be deemed an original, but which together will constitute one instrument. 36. 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. 37. City Participation; Fiscal Funding Limitation (a) The City shall reimburse Developer for 82.1% of the cost of the oversized 16-inch water main and 93.3% of the cost of the oversized sewer mains, subject to the adjustments set forth in subsection (g), in amounts not to exceed $2,207,431.01 for construction costs, $44,785.90 for material testing costs, and $411,620.14 for design costs. The remaining City Participation in the amount of $8,544.35 shall not be paid to Developer but will be used by City to pay for the City's portion of construction inspection service fees, administrative material testing fees, and water lab testing fees. Developer must register as a vendor of the City in order for the City Participation to be paid to Developer. The City Participation for construction costs was calculated as follows: Bid Summary Developer Costs City Costs Total Costs UNIT I: WATER IMPROVEMENTS $ 207,670.61 $ 952,500.39 $ 1,160,171.00 UNIT II: SEWER IMPROVEMENTS $ 92,406.49 $ 1,286,794.81 $ 1,379,201.30 UNIT III: PAVING IMPROVEMENTS $ 184,335.00 $ - $ 184,335.00 UNIT IV: ADJUSTMENT FOR PAVING BY TARRANT COUNTY $ 31,864.19 $ (31,864.19) $ Total Construction Bid $ 516,276.29 $ 2,207,431.01 $ 2,723,707.30 (b) City shall reimburse the design costs relating to the design of the engineering plans to Developer upon acceptance of the plans by the City and receipt of an invoice from Developer with sufficient documentation of the amounts expended by Developer. The construction phase engineering services portion of the design costs will be reimbursed to Developer along with the construction costs in section (c) below. (c) As construction of the Improvements commences, Developer will receive applications for payment from Developer's contractors. Developer shall verify that each application for payment is due and payable under the construction contract between Developer and the contractor and that the Improvements that are the subject of the application for payment have been constructed. Developer shall submit payment requests to the City, in the form of an invoice, no more frequently than every thirty days in order to obtain reimbursement of the City Participation (each a "Payment Request"). Each Payment Request shall be delivered to the City through the City's Ebuilder software system. Each Payment Request may seek reimbursement of the City's share of the Improvements that the City of Fort Worth, Texas Page 13 of 20 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 City is participating on that have been constructed. Commencing with the second Payment Request, Developer shall provide an affidavit of payment and lien release signed by the Developer's contractors covering the amount of the previous Payment Request. Each affidavit and lien release shall verify Developer's payment to the contractor for the previous Payment Requests and the contractor's payment to all subcontractors and material suppliers of all amounts owed in connection with the previous Payment Requests. City shall have no obligation to pay Developer for the second Payment Request or any subsequent Payment Request until Developer provides the City with the affidavit of payment and lien release signed by Developer's contractors verifying Developer's payment to the contractors for the previous Payment Requests and the contractors' payment to all subcontractors and material suppliers of all amounts owed in connection with the previous Payment Requests. City shall withhold retainage in the amount of 5% of each payment made to Developer. (d) In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable by any means whatsoever in any fiscal period for payments due under this Agreement, then the City will immediately notify Developer of such occurrence and this Agreement shall be terminated on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except to the portions of annual payments herein agreed upon for which funds shall have been appropriated. (e) Substantial completion of the Improvements shall occur after Developer's Contractors notify the City that the Improvements are constructed and ready for their intended use, the City and Developer's Contractor inspect the Improvements, and the City concurs that the Improvements are substantially complete. The City will pay the retainage to Developer after the Improvements are constructed and accepted by the City and Developer submits an invoice for the retainage. (f) Due to an error in the calculation of the City Participation, City staff intend to request that the City Council authorize an amendment to this Agreement approving the City's participation in the paving Improvements in this Agreement. Upon City Council's approval of the amendment and appropriation of funds, the City agrees to amend this Agreement to add the additional City Participation. (g) Approximately 0.82 miles of Old Aledo Road from R.M. 2871 going east needs to be rehabilitated and resurfaced as a result of the Improvements being constructed pursuant to this Agreement. In lieu of Developer performing that scope of work pursuant to this Agreement, the Developer has negotiated an agreement with the City and Tarrant County, Texas ("Tarrant County") for Tarrant County Precinct 4 to perform the work and the City paying the costs to Tarrant County. As part of the approval of M&C 25-0291, the City Council authorized execution of an interlocal agreement between the City and the County for this work. It is anticipated that Tarrant County will provide all necessary labor and equipment and the City will pay the cost of materials and other incidentals. The estimated cost of the work to be performed by Tarrant County is $475,584.96. Developer has agreed to contribute 6.7% of the cost of the work, in the estimated amount of $31,864.19. Instead of paying this cost to the City, the Developer has agreed to contribute $31,864.19 more towards the Improvements being constructed pursuant to this Agreement. Upon completion of the work by Tarrant County, the total costs will be reconciled and if the work performed by Tarrant County exceeds $475,584.96, Developer shall pay 6.7% of the increased cost to the City within 30 days of a payment request. If the total cost of work performed by Tarrant County is less than $475,584.96, the City will refund 6.7% of the difference to Developer. 38. Pipeline License from Union Pacific Railroad Company City of Fort Worth, Texas Page 14 of 20 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 (a) A portion of the Improvements will be constructed on property owned by Union Pacific Railway Company ("UPRR"). A pipeline license between the City and UPRR is necessary for Developer to construct the portion of the Improvements on UPRR's property ("License"). To date, the License has not been executed. Developer desires to execute this Agreement and begin work outside of UPRR's property pursuant to this Agreement before the License is executed. City consents to Developer beginning the work outside UPRR's property subject to the provisions in this Section 38 and the remaining terms and conditions of this Agreement. (b) Notwithstanding anything to the contrary herein, Developer shall not perform any construction within UPRR's property until the License is executed and Developer has met all requirements of the License to begin construction. Developer shall not enter on UPRR's property until the License is issued. Developer shall ensure its contractors do not enter into or perform any work on UPRR's property until the License is issued. Developer shall ensure that all work performed by its contractors and all entry onto UPRR's property is performed in accordance with the License. (c) Developer understands that the City has no control over the issuance of the License and that the Improvements outside UPRR's property may be completed months before the License is issued. Developer further understands that the License may never be executed, which will require Developer to redesign and reconstruct portions of the Improvements at Developer's sole cost and expense. City shall not be liable in any form for Developer proceeding to construction prior to the License being executed. (d) BY CHOOSING TO PROCEED TO CONSTRUCTION BEFORE THE LICENSE IS EXECUTED, DEVELOPER ASSUMES ALL RISKS AND DEVELOPER SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL DAMAGES, INCLUDING BUT NOT LIMITED TO ANYAND ALL ECONOMIC DAMAGES PROPERTY LOSS, PROPERTY DAMAGES AND PERSONAL INJURY, (INCL UDINGDEATH), OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED. DEVELOPER HEREBY EXPRESSLY RELEASES AND DISCHARGES CITY FROM ANY AND ALL LIABILITY FOR DAMAGES, INCLUDING, BUT NOT LIMITED TO ANYAND ALL ECONOMICDAMAGES, PROPERTY LOSS, PROPERTY DAMAGE AND PERSONAL INJURY (INCLUDING DEATH) ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION OF THE IMPROVEMENTS BEFORE THE LICENSE IS EXECUTED OR DEVELOPER'S DECISION TO PROCEED TO CONSTRUCTION BEFORE THE LICENSE IS EXECUTED. DEVELOPER, AT ITS SOLE COST AND EXPENSE, AGREES TO AND DOES HEREBY INDEMNIFY, DEFEND PROTECT, AND HOLD HARMLESS CITY, AND CITY'S OFFICERS, REPRESENTATIVES, AGENTS, EMPLOYEES, AND SERVANTS FOR, FROM AND AGAINST ANY AND ALL CLAIMS (WHETHER AT LA W OR IN EQUITY), LIABILITIES, DAMAGES (INCLUDING ANY AND ALL ECONOMIC DAMAGES, PROPERTY LOSS, PROPERTY DAMAGES AND PERSONAL INJURIES INCLUDING DEATH), LOSSES, LIENS, CAUSES OF ACTION, SUITS, JUDGMENTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION), OF ANY NATURE, KIND OR DESCRIPTION ARISING OR ALLEGED TO ARISE BY OR IN ANY WAY City of Fort Worth, Texas Page 15 of 20 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 RELATED TO (1) CONSTRUCTION OF THE IMPROVEMENTS BEFORE THE LICENSE IS EXECUTED OR DEVELOPER'S CHOICE TO CONSTRUCT THE IMPROVEMENTSBEFORE THELICENSEISEXECUTED, OR (2) BYREASON 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 BEFORE THE LICENSE IS EXECUTED OR DEVELOPER'S CHOICE TO CONSTRUCT THE IMPROVEMENTS BEFORE THE LICENSE IS EXECUTED, WHETHER OR NOT SUCH INJURIES, DEATH OR DAMAGES ARE CA USED, IN WHOLE OR INPART, BY THEALLEGED NEGLIGENCE OF THE CITYOFFORT WORTH, ITS OFFICERS, SERVANTS, OR EMPLOYEES. [REMAINDER OF PAGE INTENTIONALLY BLANK] City of Fort Worth, Texas Page 16 of 20 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 Project Name: Aledo Road Infrastructure CFA No. 25-0037 Items A. Water and Sewer Construction 1. Water Construction 2. Sewer Construction Water and Sewer Construction Total 39. Cost Summary Sheet IPRC No. 24-0059 City Project No.105498 Developer's Cost City's Cost Total Cost B. TPW Construction 1.a Street Paving 1.b Street Paving - Adjustment for Paving by Tarrant County 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. Material Testing Cost F. Water Testing Lab Fee G. Design Services Total Estimated Construction Fees: TOTAL PROJECT COST Financial Guarantee Options, choose one Bond = 100% Cash Escrow Water/Sanitary Sewer= 125% Cash Escrow Paving/Storm Drain = 125% Letter of Credit = 125% $ 207,670.61 $ 952,500.39 $ 1,160,171.00 $ 92,406.49 $ 1,286,794.81 $ 1,379,201.30 $ 300,077.10 $ 2,239,295.20 $ 2,539,372.30 $ 184,335.00 $ $ 184,335.00 $ 31,864.19 $ (31,864.19)�$ - $ 216,199.19 $ (31,864.19) $ 184,335.00 $ 516,276.29 $ 2,207,431.01 $ 2,723,707.30 $ 59,400.00 $ 8,100.00 $ 67,500.00 $ 7,992.40 $ 275.60 $ 8,268.00 $ - $ 44,785.90 $ 44,785.90 $ 607.50 $ 168.75 F$ 776.25 $ 56,599.86 $ 411,620.14 $ 468,220.00 $ 124,599.76 $ 464,950.39 $ 589,550.15 $ 640,876.05 $ 2,672,381.40 $ 3,313,257.45 Choice Amount (Mark one) $ 344,291.73 X $ 375,096.38 $ 15,438.05 $ 390,534.43 Note: The Developer's Bond will only need to cover $344,291.73, which is their portion of the water, sewer, and portion of the paving costs. City of Fort Worth, Texas Page 17 of 20 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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 C-��� Jesica McEachern Assistant City Manager Date: 07/02/2025 Recommended by: Bichson Nguyen Sr. Contract Compliance Specialist Development Services Department Approved as to Form & Legality: Z � �Z-�Z � ��- —; �-- --- - � Richard A. McCracken Sr. Assistant City Attorney DEVELOPER PMB Team Ranch Devco LLC a Texas limited liability company By: PMB Team Ranch Manager LLC a Texas limited liability company rayior Baird Taylor Baird (Jun 27, 2025 21:15 CDT) Taylor Baird Manager Date: 06/27/2025 M&C No. 25-0291 Contract Compliance Manager: Date: 4/8/2025 By signing, I acknowledge that I am the person Form 1295: 2025-1283493 responsible for the monitoring and of Fo"... administration of this contract, including ATTEST:° 9=d ensuring all performance and reporting °cam « requirements. /, �` dank nEoa54p Jannette Goodall Rebecca Owen (Jun 28, 2025 11:14 CDT) City Secretary Rebecca Owen Contract Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Page 18 of 20 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 The following attachments are incorporated into this Agreement. To the extent a conflict exists between the main body of this Agreement and the following attachments, the language in the main body of this Agreement shall be controlling. Included Attachment © Attachment 1 - Changes to Standard Community Facilities Agreement ❑ Attachment 2 — Phased CFA Provisions ❑ Attachment 3 — Concurrent CFA Provisions ❑X Location Map ❑X Exhibit A: Water Improvements ® Exhibit B: Sewer Improvements ® Exhibit C: Paving Improvements ❑ Exhibit D: Storm Drain Improvements ❑ Exhibit E: Street Lights and Signs Improvements ❑ Exhibit F: Traffic Signal and Striping Improvements ® Cost Estimates (Remainder of Page Intentionally Left Blank) City of Fort Worth, Texas Page 19 of 20 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 ATTACHMENT "I" Changes to Standard Community Facilities Agreement City Project No. 105498 Negotiated changes are incorporated into the body of the Agreement. City of Fort Worth, Texas Page 20 of 20 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 o� 0100 2i,N Z a� I <1 � III � III III III III - pl UNION PACIFIC RAILROAD ROCKBROOK DEVELOPMENT ONCOR OWNER/DEVELOPER: OVERHEAD ELECTRIC ROW PMB CAPITAL INVESTMENTS 4001 MAPLE AVENUE, SUITE 270 DALLAS, TEXAS 75219 TAYLOR BAIRD (214) 954-7008 PROJECT LOCATION i i i i rrr//i / �I ALEDO ROAD INFRASTRUCTURE CITY PROJECT NO. 105498 MAPSCO TAR-086L ��� LJA Engineering, Inc. 6060 North Central Expressway Phone 469.621.0710 Suite 400 Dallas, Texas 75206 FRN - F - 1386 lop o;� I �I Rl"r- WATER EXHIBIT - "A" LEGEND PROPOSED WATER LINE EXISTING WATER LINE ROCKBROOK DEVELOPMENT OWNER/DEVELOPER: PMB CAPITAL INVESTMENTS 4001 MAPLE AVENUE, SUITE 270 DALLAS, TEXAS 75219 TAYLOR BAIRD (214) 954-7008 N SCALE:1" = 600' ALEDO ROAD INFRASTRUCTURE CITY PROJECT NO. 105498 MAPSCO TAR-086L ��� LJA Engineering, Inc. 6060 North Central Expressway Phone 469.621.0710 Suite 400 Dallas, Texas 75206 FRN - F - 1386 ROCKBROOK DEVELOPMENT I 18" LINE A 18" LINE A 8" STUB (NORTH) 27" STUB (WEST) 27" LINE A WASTEWATER EXHIBIT — "B" LEGEND PROPOSED SEWER LINE EXISTING ss ss SEWER LINE N SCALE:1" = 600' 20" LINE A 18" LINE A 27" LINE A 4- \ CONNECT TO EXISTING WALNUT CREEK PHASE 2 SEWER MAIN MANHOLE --� (X-17042) OWNER/DEVELOPER: PMB CAPITAL INVESTMENTS 4001 MAPLE AVENUE, SUITE 270 DALLAS, TEXAS 75219 TAYLOR BAIRD (214) 954-7008 INFRASTRUCTURE CITY PROJECT NO. 105498 MAPSCO TAR-086L ��� LJA Engineering, Inc. 6060 North Central Expressway Phone 469.621.0710 Suite 400 Dallas, Texas 75206 FRN - F - 1386 PAVING EXHIBIT - "C" LEGEND EXISTING PAVEMENT REMOVAL OWNER/DEVELOPER: PMB CAPITAL INVESTMENTS 4001 MAPLE AVENUE, SUITE 270 DALLAS, TEXAS 75219 TAYLOR BAIRD (214) 954-7008 ALEDO ROAD INFRASTRUCTURE CITY PROJECT NO. 105498 MAPSCO TAR-086L ��� LJA Engineering, Inc. 6060 North Central Expressway Phone 469.621.0710 Suite 400 Dallas, Texas 75206 FRN - F - 1386 UNIT PRICE BID SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Aledo Road Stage 1 Infrastructure 00 42 43 DAP -BID PROPOSAL Page 1 of2 Bidder's Application Project Item Information Bidders Pmposa Bidlis[ Item No. Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value UNIT I: WATER IMPROVEMENTS 1 1 3311.0461 12" PVC Water Pipe (AWWA C-900 DR-14 CLASS 200) 3311 12 LF 10 $135.001 $1.350.001 2 3311.0561 16" PVC Water Pipe (AWWA C-900 DR-18 CLASS 200) 3311 12 LF 4640 $142.00 $658.880.00 3 3311.0551 16" DIP Water 3311 10 LF 45 $190.001 $8.550.0o 4 3305.2005 16" Water Carrier Pipe (DIP) 33 05 24 LF 79 $223.001 $17.617.00 5 3305.0109 Trench Safetv 33 05 10 LF 46951 $2.001 $9.390.00 6 3305.1105 30" Casing By Other Than Open Cut 33 05 22 LF 791 $1030.001 $81,370.001 7 3312.3006 16" Gate Valve w/ Vault 33 12 20 EA 61 $41:000.001 $246,000.001 8 3312.0001 Fire Hvdrant 331240 EA 3 $10 , 600.001 $31.800.001 9 3312.0108 Connection to Existinq 24" Water Main 33 12 25 EA 1 $12,000.001 $12.000.00 10 3304.0002 Cathodic Protection 33 04 12 LS 1 $21,000.00 _$21,000.001 11 3312.1002 2" Combination Air Valve Assembly for Water 33 12 30 EA 1 $16,000.001 $16.000.00 12 3311.0001 Ductile Iron Water Fittings w/ Restraint 3311 11 I TON 2.0821 $27.000.001 $56.214.001 TOTAL UNIT I: WATER IMPROVEMENTSI $1,160,171.001 UNIT II: SANITARY SEWER IMPROVEMENTS 1 3331.4117 8" PVC SDR-26 Sewer Pipe, Select Backfill 33 11 10, 33 31 12, LF 33 31 20 691 $100.001 ;f6,900.00 2 3331.4232 18" Fiberglass SN72 Sewer Pipe (ONCOR Crossinq) 3331 13 LF 359 $156.00 $56,004.001 3 3305.3007 18" Fiberglass SN72 Sewer Carrier Pipe IUPRR Crossingl 33 05 24 LF 154 $142.00 $21.868.00 3331.4232 18" Fiberglass SN72 Sewer Pipe, Backfill per Tarrant County 3331 13 4 Trench Detail • LF 1535 $156.001 $239 460.00 5 3331.4233 18" Fiberglass SN72 Sewer Pie CSS Backfill' 3331 13 LF 20 $203.00 $4, 60.00 3331.4234 18" Fiberglass SN72 Sewer Pipe, &ckfill per Tarrant County 3331 13 6 Trench Detail ` LF 522 $243.00 $126,846.00 3331.4311 20" Fiberglass SN72 Sewer Pipe, Backfill per Tarrant County 3331 13 7 Trench Detail' LF 800 $183.00 $146.400.00 3305.3009 20" Fiberglass SN72 Sewer Carrier Pipe, Backfill per Tarrant 33 05 24 8 Coun�(TrenchDetail' LF 20 $166.00 $3.320.00 9 3331.4333 27" Fiberglass SN72 Sewer Pipe, Backfill per Tarrant County 3331 13 IF I Trench Detail* 1389 $194.001 $269.466.00 10 3331.4334 27" Fiberglass SN72 Sewer Pipe, CSS Backfill ` 3331 13 LF 1 201 $270.00 $5,400.001 11 3305.0109 Trench Safety 33 05 10 I LF I 4714 $2.001 $9.428.00 12 3305.1105 30" Casino By Other Than Open Cut 33 05 22 1 LF 1 150 $1,101.001 $165.150.00 13 3305.1006 36" Casino By Open Cut I 33 05 22 I LF I 20 $471.001 $9.420.00 14 3301.0002 Post -CCTV Inspection I 3301 31 I LF 1 4884 $8.00 $39.072.00 15 3301.0101 Manhole Vacuum Testinq 1 3301 30 I EA I 11 I $203.00 $2.233.00 16 3339.1101 5' Manhole 1 33 39 10, 33 39 20 1 EA 1 61 $10200.001 $61 200.00 17 3339.1001 4' Manhole 1 33 39 10, 33 39 20 I EA I 5 $6:900.001 $34.500.00 18 3339.0001 EDOXV Manhole Liner 1 33 39 60 1 VF 1 171.7 $572.001 $98.212.40 18 3339.1003 4' Extra Depth Manhole 133 39 10, 33 39 20 I VF I 50.4 $393.001 $19,807.20 19 3339.1103 5' Extra Depth Manhole 133 39 10, 33 39 20 I VF I 55.3 $549.001 $30,359.701 20 3304.0002 Cathodic Protection 1 33 04 12 1 LS 1 11 $21,000.001 $21,000.001 21 3305.0112 Concrete Collar for Manhole 1 33 05 17 1 EA 1 111 $475.001 $5,225.00 22 3305.0113 Trench Water Stops I 33 05 15 1 EA 1 31 $1,153.001 $3459.00 23 9999.0005 Remove Existinq 21" Sanitary Sewer Stub I 00 00 00 1 EA 1 11 $411.001 14l1.00 TOTAL UNIT II: SANITARY SEWER IMPROVEMENTS $1,379,201.30 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Farm Version May 22, 2019 00 42 43_Bid Pmposal_DAP UNIT PRICE BID SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Aledo Road Stage 1 Infrastructure Project Item Information 00 42 43 DAP - Bm PROPOSAL Page 2 or2 Bidder's Application No I Description I Specification Section No. Unit of l I Bid Iteem Measure Quantity UNIT IV: PAVING IMPRj VEMENTS 1 0241.0500 Remove Fence 024113 LF 40 2 3231.0212 Smooth Wire Fence. Metal Posts 3231 26 LF 40 3 3125.0101 SWPPP > 1 Acre 31 2500 LS 1 4 0241.1100 Remove AsDhalt Pavement 0241 15 SY 10073 TOTAL UNIT IV: PAVING IMPROVEMENTS Bid Summary UNIT I: WATER IMPROVEMENTS UNIT II: SANITARY SEWER IMPROVEMENTS UNIT III: DRAINAGE IMPROVEMENTS UNIT IV: PAVING IMPROVEMENTS UNIT V: STREET LIGHTING IMPROVEMENTS Total Construction Bid This Bid is submitted by the entity named below: BIDDER: Acadia Services LLC 351 W. Southlake Blvd Southlake, 7'X 76092 Contractor agrees to complete WORK for FINAL ACCEPTANCE within CONTRACT commences to run as provided In the General Conditions. BY: Brad Catlett TITLE: President DATE: Bidders Proposal Unit Price I Bid Value $27.001 $1.080.00 $54.001 $2.160.00 $30,000.001 $30.000.00 $15.001 $151.095.00 184,335.00 $1.160,171.00 $1,379,201.30 N/A $184,336.00 N/A S2,723,70730 160 working days after the date when the CrrY OF FORT W ORTH STANDARD CONSTRUCnON SPECIRCATTON DOCUMENTS -DEVELOPER AWARDED PROJECTS From Version Mg22,2019 DO 42 43Bid Pmpo.1_DAP 4/17/25, 4:25 PM M&C Review Official site of the City of Fort Worth, Texas ACITY COUNCIL AGEND FORTWORrTH Create New From This M&C DATE: 4/8/2025 REFERENCE **M&C 25- LOG NAME: 60ALEDO ROAD PUBLIC NO.: 0291 IMPROVEMENTS CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 3) Authorize Execution of a Community Facilities Agreement with PMB Team Ranch Devco LLC, with City Participation in an Amount Up to $2,704,245.59, for Oversizing an 8-Inch Water Main to 16-Inches and an 8-Inch Sewer Main to 18-Inches, 20-Inches and 27-Inches for Anticipated Future Growth for Southwest Fort Worth, Authorize Execution of an Interlocal Agreement with Tarrant County, Texas with City Participation in an Amount Up to $475,584.96 for Repairs to Old Aledo Road and Adopt Appropriation Ordinance to Effect a Portion of Water's Contribution to the Fiscal Years 2025-2029 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of a Community Facilities Agreement with PMB Team Ranch Devco LLC, with City participation in an amount up to $2,704,245.59, for oversizing an 8-inch water main to 16-inches and an 8-inch sewer main to 18-inches, 20-inches and 27-inches for anticipated future growth located in Southwest Fort Worth; 2. Authorize the execution of an interlocal agreement with Tarrant County, Texas with participation in an amount up to $475,584.96 for repairs to Old Aledo Road; and 3. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Water & Sewer Revenue Bonds Series 2022 Fund by increasing estimated receipts and appropriations in the Community Facilities Agreement Bucket programmable project (City Project No. P00001) in the amount of $3,515,725.00 and decreasing estimated receipts and appropriations in the Unspecified -All Funds project (City Project No. UNSPEC) by the same amount for the purpose of funding the Community Facilities Agreement - CFA Aledo Road Stage 1 project (City Project No.105498) and to effect a portion of Water's contribution to the Fiscal Years 2025-2029 Capital Improvements Program. DISCUSSION: PMB Team Ranch Devco LLC (Developer) is constructing the Rockbrook development project located east of Ranch to Market Road (R.M.) 2871 and north of Aledo Road. The Water Department is requesting to oversize approximately 4,695 linear feet of 8-inch water main to 16-inches and 4,714 linear feet of an 8-inch sewer main to 18-inches, 20-inches, and 27-inches for anticipated future growth in the area. The construction cost for the 16-inch water main is estimated to be allocated at 17.9\% for the Developer and 82.1\% for the City. The construction for the sewer mains is estimated to be allocated at 6.7\% for the Developer and 93.3\% for the City. The Aledo Road Infrastructure project is assigned City Project No. 105498 and Accela System Record IPRC24-0059. This project has been publicly bid. The City's cost participation in oversizing of the water main is estimated to be in an amount not to exceed $2,704,245.59 as shown in the table below. Payments to the Developer are estimated to be $2,239,295.20 for construction costs, $411,620.14 for design services and $44,785.90 for material testing cost. The City's cost participation also includes $8,544.35 to cover the City's portion of construction inspection service fees, administrative material testing service fees, and water lab testing fees. An additional $335,894.28 in contingency funds will cover the City's portion of any change orders. The following table shows the cost -sharing breakdown for the project between all parties: apps.cfwnet.org/cou nciI_packet/mc_review.asp? I D=33154&counciIdate=4/8/2025 1 /3 4/17/25, 4:25 PM A. Construction 1. Water 2. Sewer 3. Paving Contingency Inspections & Testing B. Construction Inspection Fee C. Admin Material Testing Fee D. Water Lab Fee M&C Review Developer City Cost Total Cost Cost $207,670.61 $952, 500.39 $1,160,171.00 $92,406.49 $1,286,794.81 $1,379,201.30 $184,335.00 $0.00 $184,335.00 $0.00 $335,894.28 $335,894.28 $59,400.00 $8,100.00 $67,500.00 $7,992.40 $275.60 $8,268.00 $607.50 $168.75 $776.25 E. Material Testing Cost $0.00 $44,785.90 $44,785.90 . Contingency Numbers will be F. Design Services $56,599.86 $411,620.14 $468,220.00 rounded up for accounting purposes. Total Project Cost $609,011.86 $3,040,139.87 $3,649,151.73The reimbursement of the City participation is not a lump -sum amount and may be less than the stated amount depending upon the actual quantities and unit prices from the Notice of Final Completion package, commonly referred to as the Green Sheet package. Tarrant County's Precinct 4 has agreed to participate in the rehabilitation and resurfacing of approximately 0.82 miles of Old Aledo Road from R.M 2871 going east. Under the Interlocal Agreement, Tarrant County will provide all necessary labor and equipment to perform this work, and the City of Fort Worth will pay for the cost of materials and other incidentals in the amount up to $475,584.96. PMB Team Ranch Devco LLC will contribute $31,864.19 of this cost to the City for their portion of the work. The following table shows the cost -sharing breakdown for the project: City of Fort Worth (93.3\%) $443,720.77 PMB Team Rancho Devo (6.7\%) $31,864.19 Contingency 20\% $475,584.96 It is the practice of the Water Department to appropriate its CIP plan throughout the Fiscal Year, instead of within the annual budget ordinance, as projects commence, additional funding needs are identified, and to comply with bond covenants. The actions in the Mayor & Council Communication (M&C) will appropriate funds in support of the Water Department's portion of the City of Fort Worth's Fiscal Years 2025-2029 Capital Improvements Program, as follows: 60ALEDO ROAD INFRASTRUCTURE IMPROVEMENTS Capital Project FY2025 CIP Budget Revised Fund Authority Change (Inc / FY2025 Name Name Appropriations Dec Budget W&S CFA- Rev Aledo Bonds Series Road $0.00 his $3,515,725.00 $3,515,725.00 2022 - Stage 56020 1 Funding is available in the Unspecified -All Funds project within the Water & Sewer Bond 2022 Fund for the purpose of funding the CFA- Aledo Road Stage 1 project. Funding for the Community Facility Agreement (CFA) — Aledo Road Stage 1 project is as depicted in the table below: apps.cfwnet.org/cou nciI_packet/mc_review.asp? I D=33154&counciIdate=4/8/2025 2/3 4/17/25, 4:25 PM M&C Review Fund Existing Additional Project Total Appropriations Appropriations 56020 - W&S Rev Bonds $0.00 $3,515,725.00 $3,515,725.00 Series 2022 Total $0.00 $3,515,725.00 $3,515,725.00 *Numbers roundec for presentation purposes. A business equity goal is not assigned when purchasing from an approved purchasing cooperative or public entity. This project is located in COUNCIL DISTRICT 3. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are currently available in the Unspecified - All Funds project within the W&S Rev Bonds Series 2022 Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in W&S Rev Bonds Series 2022 Fund for the CFA- Aledo Road Stage 1 project to support the approval of the above recommendations and execution of the agreement. Prior to an expenditure being incurred, the Water Department has the responsibility of verifying the availability of funds. TO Fund Department Account Project Program I Activity Budget I Reference # Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID 1 1 Year (Chartfield 2) Submitted for City Manager's Office by_ Jesica McEachern (5804) Originating Department Head: Chris Harder (5020) Additional Information Contact: Suby Varughese (8009) Melissa Harris (8428) ATTACHMENTS 60 Aledo FID Table V4.xlsx (CFW Internal) 60 ALEDO ROAD PUBLIC IMPROVEMENTS - ORD.APP A025(r3) - JLM Edits - 3.26.25.docx 60ALEDO ROAD PUBLIC IMPROVEMENTS funds availabilitv.pdf (CFW Internal) Aledo M&C exhibits.pdf (Public) Form 1295 CPN 105498.pdf (CFW Internal) PBS CPN 105498.pdf (Public) (Public) apps.cfwnet.org/council_packet/mc_review.asp?ID=33154&councildate=4/8/2025 3/3