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HomeMy WebLinkAbout064891 - Construction-Related - Contract - Quail Valley Devco IVA, LLCReceived Date: 03/18/2026 Received Time: 3:01 p.m. Developer and Project Information Cover Sheet: Developer Company Name: Quail Valley Devco IVA, LLC Address, State, Zip Code: 400 S. Record Street, Suite 1200, Dallas, TX 75202 Phone & Email: 214-292-3428 1 scarpenter@republicpropertygroup.com Authorized Signatory, Title: Seth Carpenter, Senior Vice President Project Name: Walsh Ranch - Planning Area 4A - AR Phase 3 Brief Description: Water, Sewer, Paving, Storm Drain, Street Lighting Project Location: 12280 West Fwy, 76008 Plat Case Number: Not provided Plat Name: Not provided Council District: 3 Phased or Concurrent Phased Provisions: CFA Number: CFA25-0123 City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 City Project Number: 105764 1 IPRC25-0182 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 1 of 18 City Contract Number: STANDARD COMMUNITY FACILITIES AGREEMENT This COMMUNITY FACILITIES AGREEMENT ("Agreement") is made and entered into by and between the City of Fort Worth ("City"), a home -rule municipal corporation of the State of Texas, acting by and through its duly authorized Assistant City Manager, and Quail Valley Devco IVA, LLC ("Developer"), acting by and through its duly authorized representative. City and Developer are referred to herein individually as a "party" and collectively as the "parties." WHEREAS, Developer is constructing private improvements or subdividing land within the corporate limits of Fort Worth, Texas or its extraterritorial jurisdiction, for a project known as Walsh Ranch - Planning Area 4A - AR Phase 3 ("Project"); and WHEREAS, the City desires to ensure that all developments are adequately served by public infrastructure and that the public infrastructure is constructed according to City standards; and WHEREAS, as a condition of approval of the Project, Developer is required to bear a portion of the costs of municipal infrastructure by constructing the public infrastructure necessary for the Project as described in this Agreement ("Community Facilities" or "Improvements"); and WHEREAS, as a condition of approval of the Project, Developer is required to meet the additional obligations contained in this Agreement, and Developer may be required to make dedications of land, pay fees or construction costs, or meet other obligations that are not a part of this Agreement; and WHEREAS, the City is not participating in the cost of the Improvements or Project; and WHEREAS, the Developer and the City desire to enter into this Agreement in connection with the collective Improvements for the Project; NOW, THEREFORE, for and in consideration of the covenants and conditions contained herein, the City and the Developer do hereby agree as follows: 1. CFA Ordinance The Community Facilities Agreements Ordinance ("CFA Ordinance"), as amended, is incorporated into this Agreement by reference, as if it was fully set out herein. Developer agrees to comply with all provisions of the CFA Ordinance in the performance of Developer's duties and obligations pursuant to this Agreement and to cause all contractors hired by Developer to comply with the CFA Ordinance in connection with the work performed by the contractors. If a conflict exists between the terms and conditions of this Agreement and the CFA Ordinance, the CFA Ordinance shall control. City of Fort Worth, Texas OFFICIAL RECORD Page 2 of 18 Standard Community Facilities Agreement CITY SECRETARY Rev. 9/21 FT. WORTH, TX 2. Incorporation of Engineering Plans The engineering plans for the Improvements that have been approved by the City ("Engineering Plans") are incorporated into this Agreement by reference as if fully set out herein. Developer shall provide at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to construct the Improvements required by this Agreement. 3. Description of Improvements; Exhibits and Attachments The following exhibits describe the general location, nature and extent of the Improvements that are the subject of this Agreement and are attached hereto and incorporated herein by reference: ® Exhibit A: Water ❑X 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 Improvements, and this Agreement. Developer acknowledges that City will not accept the Improvements until the City receives affidavits and lien releases signed by Developer's contractors verifying that the contractors, and all subcontractors and material suppliers, have been paid in full for constructing the Improvements, and consent of the surety on payment and performance bonds provided for the Improvements. 5. Financial Guarantee Developer has provided the City with a financial guarantee in the form and amounts set forth in this Agreement which guarantees the construction of the Improvements and payment by Developer of all contractors, subcontractors, and material suppliers for the Improvements ("Financial Guarantee"). Developer shall keep the Financial Guarantee in full force and effect until released by the City and shall City of Fort Worth, Texas Page 3 of 18 Standard Community Facilities Agreement Rev. 9/21 not reduce the amount of the Financial Guarantee unless authorized by the City in accordance with the CFA Ordinance. 6. Completion Deadline; Extension Periods This Agreement shall be effective on the date this Agreement is executed by the City's Assistant City Manager ("Effective Date"). Developer shall complete construction of the Improvements and obtain the City's acceptance of the Improvements within two (2) years of the Effective Date ("Term"). If construction of the Improvements has started during the Term, the Developer may request that this Agreement be extended for an additional period of time ("Extension Period"). All Extension Periods shall be agreed to in writing by the City and the Developer as set forth in a written amendment to this Agreement. In no event shall the Term of this Agreement plus any Extension Periods be for more than three years. 7. Failure to Construct the Improvements (a) The City may utilize the Developer's Financial Guarantee to cause the completion of the construction of the Improvements if at the end of the Term, and any Extension Periods, the Improvements have not been completed and accepted by the City. (b) The City may utilize the Developer's Financial Guarantee to cause the completion of the construction of the Improvements or to cause the payment of costs for construction of the Improvements before the expiration of the Term, and any Extension Period, if the Developer breaches this Agreement, becomes insolvent, or fails to pay costs of construction. (c) If the Financial Guarantee is a Completion Agreement and the Developer's contractors or suppliers are not paid for construction costs or materials supplied for the Improvements the contractors and suppliers may place a lien upon any property which the City does not have an ownership interest that is the subject of the Completion Agreement. (d) Nothing contained herein is intended to limit the Developer's obligations under the CFA Ordinance, this Agreement, the Financial Guarantee, Developer's agreements with Developer's contractors, or other related agreements. 8. Termination If Developer desires to terminate this Agreement before Developer's contractors begin constructing the Improvements, Developer agrees to the following: (a) that Developer and City must execute a termination of this Agreement in writing; (b) that Developer will vacate any final plats that have been filed with the county where the Project is located; and (c) to pay to the City all costs incurred by the City in connection with this Agreement, including time spent by the City's inspectors at preconstruction meetings. City of Fort Worth, Texas Page 4 of 18 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 18 Standard Community Facilities Agreement Rev. 9/21 costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with any of the Improvements to be constructed pursuant to this Agreement. 11. Easements and Rights -of -Way Developer agrees to provide, at its expense, all necessary rights -of -way and easements required for the construction and dedication to the City of the Improvements provided for by this Agreement. 12. Liability and Indemnification (a) DEVELOPER HEREBY RELEASES AND AGREES TO INDEMNIFY, DEFEND AND HOLD THE CITY HARMLESS FOR ANY INADEQUACIES IN THE PRELIMINARY PLANS, SPECIFICATIONS, ENGINEERING PLANS, AND COST ESTIMATES SUPPLIED BY THE DEVELOPER FOR THIS AGREEMENT. (b) THE DEVELOPER COVENANTS AND AGREES TO, AND BY THESE PRESENTS DOES HEREBY FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM ALL SUITS, ACTIONS OR CLAIMS OF ANY CHARACTER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ONACCOUNT OFANYINJURIES OR DAMAGES SUSTAINED BYANYPERSONS, INCLUDING DEATH, OR TO ANY PROPERTY, RESULTING FROM OR IN CONNECTION WITH THE CONSTRUCTION, DESIGN, PERFORMANCE OR COMPLETION OF ANY WORK TO BE PERFORMED BY SAID DEVELOPER, ITS CONTRACTORS, SUBCONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, OR IN CONSEQUENCE OF ANY FAILURE TO PROPERLY SAFEGUARD THE WORK, OR ONACCOUNT OFANYACT, INTENTIONAL OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID DEVELOPER, ITS CONTRACTORS, SUB -CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, WHETHER OR NOT 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 18 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 of Fort Worth, Texas Page 7 of 18 Standard Community Facilities Agreement Rev. 9/21 CITY: Development Services Contract Management Office 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 11J1ii/ is oil]']go 4 Quail Valley Devco IVA, LLC 400 S. Record Street, Suite 1200, Dallas, TX 75202 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 City of Fort Worth, Texas Page 8 of 18 Standard Community Facilities Agreement Rev. 9/21 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. 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 City of Fort Worth, Texas Page 9 of 18 Standard Community Facilities Agreement Rev. 9/21 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. The terms "boycott Israel" and "company" have the meanings ascribed to those terms by Chapter 2271 of the Texas Government Code. To the extent that Chapter 2271 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not boycott Israel; and (2) will not boycott Israel during the term of this Agreement. 26. Prohibition on Boycotting Energy Companies Developer acknowledges that in accordance with Chapter 2276 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, and redesignated from Chapter 2274 of the Texas Government Code by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(22), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meanings ascribed to those terms by Chapter 2276 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2 and redesignated from Chapter 2274 of the Texas Government Code as described above. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 27. Prohibition on Discrimination Against Firearm and Ammunition Industries Developer acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering City of Fort Worth, Texas Page 10 of 18 Standard Community Facilities Agreement Rev. 9/21 into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 28. Immigration and Nationality Act Developer shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Developer shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Developer shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Developer employee who is not legally eligible to perform such services. DEVELOPER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY DEVELOPER, DEVELOPER'S EMPLOYEES, 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. City of Fort Worth, Texas Page 11 of 18 Standard Community Facilities Agreement Rev. 9/21 Compliance with Laws, Ordinances, Rules and Regulations Developer, its officers, agents, servants, employees, and contractors, shall abide by and comply with all laws, federal, state and local, including all ordinances, rules and regulations of City. It is agreed and understood that, if City calls to the attention of Developer any such violation on the part of Developer or any of its officers, agents, servants, employees, or subcontractors, then Developer shall immediately desist from and correct such violation. 33. Signature Authority 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 18 Standard Community Facilities Agreement Rev. 9/21 36. Cost Summary Sheet Project Name: Walsh Ranch - Planning Area 4A - AR Phase 3 City Project No.: 105764 IPRC25-0182 Items Developer's Cost A. Water and Sewer Construction 1. Water Construction $ 911,695.84 2. Sewer Construction $ 637,253.00 Water and Sewer Construction Total $ 1,548,948.84 B. TPW Construction 1. Street $ 886,660.00 2. Storm Drain $ 587,666.00 3. Street Lights Installed by Developer $ 402,758.00 4. Signals $ - TPW Construction Cost Total $ 1,877,084.00 Total Construction Cost (excluding the fees): $ 3,426,032.84 Estimated Construction Fees: C. Construction Inspection Service Fee $50,287.50 D. Administrative Material Testing Service Fee $19,292.00 E. Water Testing Lab Fee $1,451.25 CFA25-0123 Total Estimated Construction Fees: $ 71,030.75 Choice Financial GuarantPP Ontinnc_ rhnnce nne Amount Mark nnvl Bond = 100% $ 3,426,032.84 Completion Agreement = 100% / Holds Plat $ 3,426,032.84 X Cash Escrow Water/Sanitary Sewer= 125% $ 1,936,186.05 Cash Escrow Paving/Storm Drain = 125% $ 2,346,355.00 Letter of Credit = 125% $ 4,282,541.05 Escrow Pledge A reement = 125% $ 4,282,541.05 City of Fort Worth, Texas Page 13 of 18 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: 03/17/2026 Recommended by: Leonel Rios (Mar 111, 2026 115,33'.35 CDT) Leonel Rios Sr. Contract Compliance Specialist Development Services Approved as to Form & Legality: Jessika Williams Assistant City Attorney M&C No. N/A Date: 03/11 /2026 Form 1295: 4v w2 4!40 ATTEST: �9.jdp P* pd QaQn��ng4q Jannette S. Goodall City Secretary DEVELOPER Quail Valley Devco IVA, LLC Se Carpenter (Mar 11, 2026 15:20:42 CDT) Seth Carpenter Senior Vice President Date: 03/11 /2026 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. jAb:) Kandice Merrick Contract Compliance Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Page 14 of 18 Standard Community Facilities Agreement Rev. 9/21 The following attachments are incorporated into this Agreement. To the extent a conflict exists between the main body of this Agreement and the following attachments, the language in the main body of this Agreement shall be controlling. Included Attachment ® Attachment 1 - Changes to Standard Community Facilities Agreement ® Attachment 2 — Phased CFA Provisions ❑ Attachment 3 — Concurrent CFA Provisions © Location Map ® Exhibit A: Water Improvements © Exhibit 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 15 of 18 Standard Community Facilities Agreement Rev. 9/21 ATTACHMENT "1" Changes to Standard Community Facilities Agreement City Project No. 105764 None City of Fort Worth, Texas Page 16 of 18 Standard Community Facilities Agreement Rev. 9/21 ATTACHMENT "2" Phased CFA Provision City Project No.105764 The improvements being constructed by Developer pursuant to this Agreement will connect to improvements Developer is constructing under a separate Community Facilities Agreement that have not been completed and accepted by the City. Therefore, this Agreement shall be considered a "Phased CFA" and the provisions contained in this section shall apply to this Agreement. The improvements being constructed by Developer under the separate Community Facilities Agreement (Walsh Ranch Planning Area 4A Phase 1, City Project No.105670) shall be defined as the "Parent Project." The improvements being constructed by Developer under this Agreement shall be defined as the "Child Project." Developer acknowledges and agrees that due to Developer's election to construct a Phased CFA, the potential exists for technical, delivery, acceptance or performance problems (hereinafter "Construction Problems"). Construction Problems may include, but are not limited to: failure of the improvements to comply with the approved plans or City Specifications; failure of the improvements in the Parent Project and the Child Project to properly connect to each other; changes to the design or construction of the improvements in the Parent Project that impact the design and construction of the improvements in the Child Project; construction delays, delay claims, or claims for liquidated damages; increased costs for the Developer; failure of the improvements to pass inspection or material testing; or rejection by the City of some or all of the improvements and Developer having to remove and reconstruct the improvements at Developer's expense. In addition, Developer understands and agrees that disputes may arise between Developer's contractors or their subcontractors relating to responsibility for the Construction Problems. Developer shall be solely responsible for resolving disputes between contractors or disputes between contractors and subcontractors. Developer further acknowledges and agrees that Developer has notified all of Developer's contractors for the Project that Developer has elected to construct a Phased CFA, the provisions of this section, the risks associated with a Phased CFA, and that the City shall not bear any responsibility for Developer's decision to proceed with a Phased CFA. Developer shall not make the final connection of the improvements in the Child Project to the improvements in the Parent Project until the improvements in the Parent Project 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. City of Fort Worth, Texas Page 17 of 18 Standard Community Facilities Agreement Rev. 9/21 BY CHOOSING TO CONSTRUCT A PHASED CFA, 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, (INCLUDING DEATH), OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED. DEVELOPER HEREBY EXPRESSLY RELEASES AND DISCHARGES CITY FROM ANY AND ALL LIABILITY FOR DAMAGES, INCL UDING, B UT NOT LIMITED TO ANY AND ALL ECONOMIC DAMA GES, PROPER TYL OSS, PROPER TYDAMA GE 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 PHASED CFA. DEVELOPER, AT ITS SOLE COST AND EXPENSE, AGREES TO AND DOES HEREBY INDEMNIFY, DEFEND PROTECT, AND HOLD HARMLESS CITY, AND CITY'S OFFICERS, REPRESENTATIVES, AGENTS, EMPLOYEES, AND SERVANTS FOR, FROM AND AGAINST ANYAND ALL CLAIMS (WHETHER AT LAW OR INEQUITY), LIABILITIES, DAMAGES (INCLUDING ANY AND ALL ECONOMIC DAMAGES, PROPERTY LOSS, PROPERTY DAMAGES AND PERSONAL INJURIES INCLUDING DEATH), LOSSES, LIENS, CAUSES OFACTION, SUITS, JUDGMENTSAND EXPENSES (INCLUDING, BUT NOT LIMITED TO, COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION), OFANYNATURE, KIND OR DESCRIPTIONARISING OR ALLEGED TO ARISE BY OR IN ANY WAY RELATED TO CONSTRUCTION OF THE IMPROVEMENTS OR DEVELOPER'S CHOICE TO CONSTRUCTA PHASED CFA, OR (2) BY REASON OF ANY OTHER CLAIM WHATSOEVER OF ANY PERSON OR PARTY OCCASIONED OR ALLEGED TO BE OCCASIONED IN WHOLE OR IN PART BY THE CONSTRUCTIONS OF THE IMPROVEMENTS OR DEVELOPER'S CHOICE TO CONSTRUCT A PHASED CFA 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. DEVELOPER: Quail Valley Devco IVA, LLC S arpenter (Mar 11, 2026 15:20:42 CDT) Seth Carpenter Senior Vice President Date: 03/11 /2026 City of Fort Worth, Texas Page 18 of 18 Standard Community Facilities Agreement Rev. 9/21 00 (N C) O C) LL r 6 z O04 C) m " cc,Jj c U) 0) (1) co U) F- co I,- x (1) 0 7ff C) 0 00 't 0 Z6 0 -C LO 00 LL 0- U) c1r) ,'I- LO E cle) Z LU 0 LLB o LL Z C) 0 U) LU UJ v 0- v LO > Z w CN IL C) DcoLO0 cle) 0 0 CN LL rZ Ofa-0C:) X LLI LU Up Z C� C) () C) 0- — LU 04 0 CY) C/) w LLI D U)W< —J H Q X LLI W C) D < 0 0 or- "t U) 0 � J 0 fr ce) LU C/) co U") C) o aZ C) C) Z 04 00 O C/) C\J —j < z sa bD -dgO Lg 9ZOZ/gZ/Z [do" Allu!D!A I—qS A-03] bmp don A4!uI3I0V —Dqd — Z2!0—dZ32jdj\SJjEjjHX3\v J3\aV—Vdd qsidAA — L00029t'90\1!113—MiJ\ >1 -IiA o. .o � : 8 ® M oMENU oe z.mW 1 F"UZ� -3acai� v, 00 ro IUW U W LL Z -0 U w Q O p I N Cp z _ W o Nl- - � C w C W c = ZLu 0 0 Z of C W w LWL co 0 _ W Z J 0�W Q C U� W Z W J wO QCl) �w O ¢�Cl) _ z 2 O z 0 0 cp w w LL z_ w J Q O UC) U) U_ 2 0 d Ln Q C� 0 a x (Dw �W H 04 00 N o W VOX \ IL 00 m w N H \ ` i d - ~ J w 0 � W W o U) C �t U) 0 0 \\ G W QLO Z�0/ M OUO� LV �'�"� O \ W N O U w LU l< V _HUZ� Ili ♦A 2 U r- 3acLL) Q ;q �p _Bow ¢ — = co d� c) p U LL a 3 Q d 0—~ w Z� - � LO aUZ -ZLL z— W ' O 2 Z d zx m Q zLUU—° W— Q *k < BWi ° - d ai � � U U Q Q Z00 N w O m 2 4 N N o ZJ W a- a Z?JV-Vbd?JM-P]flx 6MP lbV-VbdaM-al!Sx i Vf7NV-VbdM-I!lflx 5-P Vf7NV-VbdM-al'Sx b-P VAO-LLSBX :GIG X PoI=S 9ZOZ/SZ/Z Ll laagS - Sluawanoaa Wl aaloM - V ligigx3l omPSlua —JaWl �aloM - V liq!gx3\£ asogd gSIoM - LO£08Sb90\I!Mo Mld\:N :al!d 00 N p O 1�1 O p LL O w = z Lij LL 0 (n N w C)z z _O (DLO W O a N �aC)� = w N .N vw ¢ J z W Z Q � ^ X M T- � Z U Co ~ X w _ a� W T — 0� F 2CDO Z O x i Q ci (= N ■ �C = O co CO O -C CO U- a- x x N O CL Z) ~ O J mz (7 W ¢ �w j Ov ry = O W u) NO N a d N � nnw O 04 Of O a- 0 o L) m m 91 aUOolx - OmT- �ui > M W DU)�J 30V2i2:Ri 11Od 1ilVHO 1' x W W p::) Q f �X V V)Q x x Z LIJ N U W 0� > �r Z Q IY m R W J U) LU V) 3:LL, O Q J o j � x Of Q � z zw z_ ~ w O JI w w Z W W 7 N X ? , Q W w o O w U \ Z Z I � U Z 7 R w�a� W W Q ya0u) < o �w J N Z w z LLJO Nln ww Q —a�� � c� Q a o °z I w o W =za =C, Q o —<w <wC a W w OZ U� U Z U w ¢' LO J ¢� ¢w Z ll� LL W Z� �� U) U U �� m Z 00 � ° o � w m = � c4 OaZ — NCIJ Z (n o cli W a .sa6Our, 6MP l?JV—VbddM—I!iflx f)-p zdV—VbdbM— lis. 6MP ldV—Vbddm—a3!Sx 6MP VfaV—VbdM—I!Nlx 6MP V£?dv—VbdM— 4!sx f)-p VdO—llS8X :sJaX IOLl 9 9ZOZ/Z/ Li hays — sll-1110w1 I—S — 9 4igiyx3J "P S4ua.anOIOwl — 8 3l9i4x3\2 asoyd 4sIOM — LN029b90V1V!9 MiJ\:N :-119 �--w ao N (O w O U) =Ua c �a! aUz z W wU- �=w CD c� w w LL z = w J Vo O CO U LO ao /m m aZ \ I \ r— Cz G LU c� LU 11 U m_ 2 X W Q 0 LO wo Q N O = U aim C) �ao w aUz =za U W U ILL w LL =w — (� Ix >J W J a D O w W �w a o 0 N W a o X a.0 N ~ Ow mcr--U) w �g wwoDQ a g a W Ir � C) W a o O a U m LO (.0 M W U) 2co OLrl- ,LO 0 ^Q T— LL Z 2� U U Z N a °° � o N N U o a l?JV—Vbd?JM—alisx bmp Z?JV—Vbd?JM—alSx —alisx bmp"Vd0—IIgRX :GIG x wd6L:S 9ZOZ/SZ/Z [l 40a4S — sluawanojdwl 6wnod — 0 lIgi4x3] 6MpsluawanoJdwl 6wnod — 0 liq!gx3\E asogd — Z810—bZ0?Jdl\SlIB WX3\Vd0\?JV —Vbd 4sIoM — LO£08Sb90\I!Mo—MldVN :al!d Q 0 N O - W O V Q N � a�u c v w w aUz =Z0 Z 0 U -of LL =w U)of J 0 0 co w w LL z w J Q O U� U)cr) U = o a_LO Q � C� 0 a' O �m w o < 4 Q N O � � =Uti a�� d 6 Q_o �w� aUz UwU Q W W cn J a In z L LJ 2 LU 0- G m a C� O D Q� U 0 Z Z Z_ J 0 of 00 0 a aW aw of L J o f a a? a? z _ m Q LU 0 = coo LO Q O p ct) 0 U z � *k Z U N 00 O m = ' N N CD x Q LLI Q bmo i?!H—H—AAA-211Cx 6MDA AAA-211- 6MD'H C)JH----WJ1- 5MDHC?!H--AAA— I- 6MD/C DuCx 6MD'H J'1—I ICQY :Sl2JX wdlz:9 9zoz/9Z/z [l JaD S — s1-0—jdwl u!D10 wo45 — 0 7!Q!4x3] 6Mps4U—Gnojdwl u!Djo w1o1S — 0 7!QWx3\9 a qd — Z8 LO—bzobdl\51191HX3\Vjo\ad—Vbd 4SIDM — =0R9a90\V!3 Mlj\:9 :a j 00 N p O O 1�1 p LL O LU LLJ C LL 0 U)N z . O a1 N = LU J CD�� Qo ��N.� cX N � coU) M of F M co co aXi 0 2 0 a� o d LO U x Q N =0 C7 i ado Li 0- U) CD CL Z) f o 0 W m iD F- W f O N F— ry ❑' ¢ 0n W N a 0 J � o 04 ONN NN L LL w _ m m n a 0 o x I U w o H o U e a Oma-uj LU M W n - d J 33V2Id311NlOd WIVH0 o x ry x W W p D Q �W V (n0 N m m o � x rWn V rZ v ) r06 V Z Z � I ` 1 W or)�_ 2 U) H W Q p Z J = co a x w LU Q J a (� Ln Z W Q a— 00 LU (7 W o a Jp O O O Z a Z - N LU > a c.� a s �— - W W U � U W Z N 00 0 % N C/) o X Q a W :sabDwl 6Mp7NV-Vbr1?IM--I- 5-P IMV-Vbr1?IM-Dll- 6Mp'{`AV-Vt Al ]AA-bU11; 51Ix 6MP'VCAV—VbriM-21lCx bmp'V �7-HL PR 's.-Y OZ\Z (L 4-qS - sI.G-Ao,dwj abcubiS M 6w}g6i3 J-JIS - 3 I!glgX]] 6MpSJU—A-dw[ 6ugy6id ;-,Is - 3 aiggx3\g a qd - Z8 LO-bZ02Jdl\51191HX3\V30\2JV-Vbd WPM - LOE089b90\1!113 Ml3VY -011- 004243 DAP- BID PROPOSAL Page 1 d 1 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project item Information Bidder's Proposal Bidlist Item No. Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value UNIT I: WATER IMPROVEMENTS 1 2 0241.1118 4"-12" Pressure Plug 3305.0109 Trench Safety 3311.0001 Ductile Iron Water Fittings w/ Restraint 3311.0261 8" PVC Water Pipe 3312.0001 Fire Hydrant 3312.0117 Connection to Existing 4"-12" Water Main 3312.3003 8" Gate Valve 3305.0003 8" Waterline Lowering 3305.1003 20" Casing By Open Cut 3312.20031"Water Service 0241 14 33 05 10 3311 11 3311 12 331240 EA 1 $485.00 $1.00 $16,369.00 $65.00 $8,130.00 $3,000.00 $3,000.00 $985.00 $485.00 $6,458.00 $54,999.84 $419,835.00 $73,170.00 $6,000.00 $117,000.00 $11,820.00 LF 6458 3 4 TON 3.36 LF 6459 5 6 EA 9 33 12 25 EA 2 7 33 12 20 EA 39 8 33 05 12 EA 12 9 10 33 05 22 331210 LF 40 $265.00 $2,032.00 $10,600.00 $211,328.00 0 EA 104 TOTAL UNIT I: WATER IMPROVEMENTS $911,695.84 UNIT II: SANITARY SEWER IMPROVEMENTS 1 3301.0002 Post -CCTV Inspection 3301.0004 Final MH-CCTV Inspection 33 01 31 33 01 31 33 01 30 LF 3122 29 29 _3122 20 $5.00 $200.00 $250.00 $1.00 $1,350.00 $15,610DO $5,800DO $7,250DO _ $3,122DO $27,000.00 2 EA EA 3 3301.0101 Manhole Vacuum Testing 4 3305.0109 Trench Safety 330510 LF 5 3305.0113 Trench Water Stops 330515 EA 6 3331.4115 8" Sewer Pipe 33 11 10, 33 31 12, 33 31 20 LF 3122 $55.00 $171,710.00 7 3331.4116 8" Sewer Pipe, CSS Backfill 33 11 10, 33 31 12, 33 31 20 LF 200 $149.00 $29,800.00 8 3331.5747 8" Sewer Pipe, CLSM Backfill 33 11 10, 33 31 12, 33 31 20 LF 100 $162.00 $16,200.00 9 10 3339.0001 Epoxy Manhole Liner 3339.1001 4'Manhole 3339.1003 4' Extra Depth Manhole 3339.1002 4' Drop Manhole 3331.3101 4" Sewer Service 1333960 VF 91 $519.00 $5,600.00 $215.00 $12,000.00 $1,173.00 $47,229.00 $151,200DO $16,340,00 $24,000DO $121,992.00 1333:10:333920 EA 27 76 2 104 11 3 39 10, 3333 3333 3920 VF 12 33 39 10, 33 39 20 EA 13 333150 EA TOTAL UNIT II: SANITARY SEWER IMPROVEMENTS $637,253.00 UNIT III: DRAINAGE IMPROVEMENTS 1 2 0171.0101 Construction Staking 3301.0012 Post -CCTV Inspection of Storm Drain 3305.0109 Trench Safety 3341.0201 21" RCP, Class III 01 71 23 LS 1 2369 2369 $20,000.00 $3.00 $1.00 $20,000.00 $7,107.00 $2,369.00 $28,971.00 3301 32 LF 3 33 05 10 LF 4 33 41 10 LF 333 $87.00 5 6 3341.0205 24" RCP, Class III 3341.0302 30" RCP, Class III 3341.0309 36" RCP, Class III 3349.0001 4' Storm Junction Box 3349,0002 5' Storm Junction Box 3349.0005 8' Storm Junction Box 3349.5001 10' Curb Inlet 3349.5002 15' Curb Inlet 3341 10 LF 987 $97.00 $95,739.00 $69,678.00 $102,752.00 $33,260.00 3341 10 LF 441 $158.00 7 8 3341 10 LF 608 $169.00 334910 EA 5 $6,650.00 9 334910 EA 3 $7,750.00 $23,250.00 10 11 12 334910 EA 1 $13,750.00 $13,750.00 334920 EA 10 $7,400.00 $74,000.00 33 49 20 EA 6 $10,400.00 $62,400.00 13 14 3349.7002 5' Drop Inlet 3349.3003 24" Straight Headwall, 1 pipe 3349.3007 36" Straight Headwall, 1 pipe 3137.0105 Medium Stone Riprap, grouted 9999.0001 Furnish/Install Gabion Drop Structure1000000 33 49 20 EA 2 1 1 30 1 $8,700.00 $4,000.00 $12,300.00 $190.00 1 $15,000.001 $17,400.00 $4,000.00 $12,300.00 $5,700.00 $15,000.00 33 49 40 33 49 40 31 3700 EA FA 15 16 17 SY FA TOTAL UNIT III: DRAINAGE IMPROVEMENTS1 $587,666.00 Bid Summary UNIT I: WATER IMPROVEMENTS $911,695.84 UNIT II: SANITARY SEWER IMPROVEMENTS $637,253.00 UNIT III: DRAINAGE IMPROVEMENTS $587,666.00 Total Construction Bidl $2,136,614.84 This Bid is submitted by the entity named below: BY: Matt DaPra BIDDER: Aeadiv Services, LLC Matt DaPr 351 W Snnthlake Blvd. TITLE: VP of Operations Southlake, TX 76092 DATE: 2/11/2026 Contractor agrees to complete WORK for FINAL ACCEPTANCE within 611 snrking dale after the date when the CONTRACT commences to run as provided in the General Conditions. END OF SECTION CITY OF FORT W ORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS- DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 42 43 Bid Proposal -AR Prm, 3-Acedie 00 42 43 DAP - BID PROPOSAL Page 1 of 1 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item No. Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value UNIT IV: PAVING IMPROVEMENTS 1 3213.0101 6" Conc Pvmt 32 1313 SY 13424 $51.00 $684,624.00 2 3211.0400 Hydrated Lime 32 11 29 TN 242 $305.00 $73,810.00 3 3211.0501 6" Lime Treatment 32 11 29 SY SY EA 13424 1780 16 $4.00 $6.25 $3,000.00 $53,696.00 $11,125.00 $48,000.00 4 3213.0301 4" Conc Sidewalk 32 13 20 5 3213.0501 Barrier Free Ramp, Type R-1 32 13 20 6 9999.0001 Street Signs 1000000 1329213 13471 13 EA 5 $850.00 $4,250.00 7 3292.0100 Block Sod Placement SY 1 MO 1871 12 $5.00 $150.00 $9,355.00 $1,800.00 8 3471.0001 Traffic Control TOTAL UNIT III: PAVING IMPROVEMENTS $886,660.00 UNIT V: LIGHTING IMPROVEMENTS 1 2605.3015 2" CONDT PVC SCH 80 T 26 05 33 33 05 30 3441 10 LF 4720 50 4721 _ $27.00 $200.00 $127,440.00 2 3305.0103 Exploratory Excavation of Existing Utilities EA $10,000.00 $14,163.00 3 3441.1410 NO 10 Insulated Elec Condr LF $3.00 4 3441.1502 Ground Box Type B, w/A ron 3441 10 34 41 20 EA 15 $1,365.00 $20,475.00 5 3441.1733 Rdwy Ilium Foundation TY 11 EA 32 $1,620.00 $51,840.00 6 9999.0001 Furnish/Install Rdway Ilium Walsh Special 14 00 00 00 EA 32 $4,900.001 156,800.00 7 19999.0002 Furnish/Install LED Lighting Fixture AUCL2 00 00 00 1344120 EA EA 32 $220.001 $15,000.001 $7,040.00 8 13441.1772 Furnish/Install 240-480 Volt Single Phase 1 $15,000.00 TOTAL UNIT V: LIGHTING IMPROVEMENTS $402,758.00 Bid UNIT V: LIGHTING IMPROVEMENTS This Bid is submitted by the entity named below: BIDDER: Mario Sinacola & Sons Excavating, Inc. 10950 Research Road Frisco, TX 75033 Contractor agrees to complete WORK for FINAL ACCEPTANCE within CONTRACT commences to run as provided in the General Conditions. END OF SECTION Total Construction BY* Harlan Jones DSignedby: F�—a4 iaaA IJOIn t S TITLE: Vice President DATE: 2/1112026 59 working days after the date when the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 42 43 Bid Proposal - AR Phase 3 - Sinacola COMPLETION AGREEMENT — SELF FUNDED This COMPLETION AGREEMENT ("Agreement"), is made and entered into by and between the City of Fort Worth, ("City") and Quail Valley Deveo IVA, LLC, a Texas Limited Liability Company, authorized to do business in Texas, ("Developer"), effective as of the last date executed by a Party hereto. The City and the Developer may collectively be called the "Parties". WITNESSETH: WHEREAS, the Developer owns that certain tract of real property that contains approximately 35.2584 acres of land located in the City, the legal description of which tract of real property is marked Exhibit "A" — Legal Description, attached hereto and incorporated herein for all purposes, ("Property"); and WHEREAS, the Developer intends to develop the Property as an addition to the City through plat FP24-135; and WHEREAS, the Developer and the City have entered into a Community Facilities Agreement relating to the development, Walsh Ranch - Planning Area 4A - AR Phase 3 for Water, Sewer, Paving, Storm Drain, Street Lights and Traffic Signals ("Improvements"); and WHEREAS, the City has required certain assurances that the Developer will cause to be constructed to City standards the Improvements pursuant to the Community Facilities Agreement; and WHEREAS, the Parties desire to set forth the terms and conditions of such accommodations as are described above. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements hereinafter set forth, it is hereby agreed by and between City and Developer as follows: 1. Recitals. The foregoing recitals are true, correct and complete and constitute the basis for this Agreement and they are incorporated into this Agreement for all purposes. 2. The Completion Amount. The City and the Developer agree that the Hard Costs (as shown on Exhibit `B") required to complete the Community Facilities in the aggregate should not exceed the sum of Three Million Four Hundred Twenty -Six Thousand Thirty -Two and 84/100 Dollars ($3,426,032.84), hereinafter called the "Completion Amount". Notwithstanding the foregoing, it is acknowledged that the actual costs of completion of the Community Facilities may vary as a City of Fort Worth, Texas Standard Completion Agreement — Self -Funded Page 1 of 10 result of change orders agreed to by the Parties, but such variances for the purposes of this Agreement shall not affect the Completion Amount as used herein. City hereby waives the requirement for developer to deposit a financial guarantee of 100% of the Hard Costs under the CFA Policy. 3. Completion by the Developer. The Developer agrees to complete the Community Facilities and pay all Hard Costs in accordance with City standards, the CFA, the Plat, and the Plans as approved by the City. For the purposes of this Agreement, the development of the Property shall be deemed complete upon acceptance by the City of the Community Facilities pursuant to Section 6, hereof. 4. Satisfaction of the City Requirements. The City agrees that the assurances and covenants contained in this Agreement satisfy all requirements of the City with respect to Developer's Financial Guarantee, as described in the CFA Policy, or other requirements for security in connection with the development of the Property and the completion of the Community Facilities that are contained in the CFA or in any other agreement relating thereto, and the City hereby accepts the assurances and covenants contained herein in lieu thereof. To the extent the CFA irreconcilably conflicts with this Agreement, the provisions of this Agreement shall control. 5. Termination. This Agreement shall terminate upon the earlier to occur of the following: (a) acceptance by the City of the Community Facilities; or (b) mutual written agreement of the Parties. 6. Final Plat. The Parties acknowledge and agree that the City shall hold the final plat of the Property until the Community Facilities are completed and accepted by the City and all Hard Costs contractors have been paid, less retainage. Upon acceptance by the City and receipt of evidence from the Developer showing that all Hard Costs contractors have been paid, including but not necessarily limited to lien waivers and bills paid affidavits, the City shall within a reasonable time file the final plat for the Property in the Plat Records of the county where the Property is located. The purpose of the City retaining the final plat of the Property as provided herein is to guarantee the Developer's obligations under the CFA are completed. 7. Construction Contracts. Developer agrees to include in each Construction contract that it enters into for the completion of the Community Facilities the following: A. A statement that the City is not holding any security to guarantee any payment for work performed on the Community Facilities; B. A statement that the Property is private property and that same may be subject to mechanic's and materialman's liens; C. A requirement that each contractor contracting with the Developer release the City from any claim that is related to the Property; and City of Fort Worth, Texas Standard Completion Agreement — Self -Funded Page 2 of 10 D. A requirement that each contractor contracting with the Developer include in each subcontract the statements contained in (a), (b) and (c) above. 8. Miscellaneous. A. Non -Assignment of Agreement. This Agreement may not be assigned by any of the Parties without the prior written consent of all the other Parties. B. Notice. Any notice required or permitted to be delivered under this Agreement shall be deemed received on actual receipt by the appropriate party at the following addresses: (i) Notice to the City shall be addressed and delivered as follows: City of Fort Worth Development Services Department 100 Fort Worth Trail Fort Worth, Texas 76102 Attention: Contract Management Office Kandice Merrick, Development Manager Email: Kandice.Merrick@fortworthtexas.gov Confirmation Number: 817-392-7810 With a copy thereof addressed and delivered as follows: Office of the City Attorney City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 Attention: Richard A. McCracken Sr. Assistant City Attorney Confirmation Number: 817-392-7611 (ii) Notice to the Developer shall be addressed and delivered as follows: Quail Valley Devco IVA, LLC 400 S. Record Street, Suite 1200, Dallas, TX 75202 A party may change its address for notice upon prior written notice to the other parties pursuant to the terms hereof. C. Texas Law to Apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas. City of Fort Worth, Texas Standard Completion Agreement — Self -Funded Page 3 of 10 D. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective legal representatives, successors and assigns. E. Legal Construction. In case any one or more of the provisions contained in this Agreement shall for any reason is held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. F. Prior Agreements Superseded. This Agreement constitutes the sole and only agreement of the Parties with respect to the subject matter hereof and supersedes any prior understandings or written or oral agreements among the Parties concerning the subject matter hereof. G. Amendment. This Agreement may only be amended by a written instrument executed by all of the Parties to this Agreement. H. Headings. The headings that are used in this Agreement are used for reference and convenience purposes only and do not constitute substantive matters to be considered in construing the terms and provisions of this Agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] ►I City of Fort Worth, Texas Standard Completion Agreement — Self -Funded Page 4 of 10 Executed in each entity's respective name by its duly authorized signatories effective as of the date executed by the City's City Manager or his/her designee. CITY OF FORT WORTH: Jesica McEachern Assistant City Manager Date: 03/17/2026 Approved as to Form & Legality: Jessika Williams Assistant City Attorney Date: 03/11 /2026 ATTEST: Jannette Goodall City Secretary 1 City of Fort Worth, Texas Standard Completion Agreement — Self -Funded Page 5 of 10 DEVELOPER: Quail Valley Devco IVA, LLC Se*'Carpenter (Mar 11, 2026 15:20:42 CDT) Seth Carpenter Senior Vice President Date: 03/11 /2026 y LIST OF EXHIBITS ATTACHMENT "l"- CHANGES TO STANDARD AGREEMENT EXHIBIT A - LEGAL DESCRIPTION EXHIBIT B - APPROVED BUDGET City of Fort Worth, Texas Standard Completion Agreement — Self -Funded Page 6 of 10 ATTACHMENT "1" Changes to Standard Agreement Self -Funded Completion Agreement None City of Fort Worth, Texas Standard Completion Agreement — Self -Funded Page 7 of 10 EXHIBIT A LEGAL DESCRIPTION METES & BOUNDS DESCRIPTION AR PHASE 3 BEING a 35.2584 acre (1,535,855 square foot) tract of land situated in the Jonathan Burleson Survey, Abstract No. 78, Tarrant County, Texas, and being part of a called 123.3505 acre tract of land described in the Special Warranty Deed to Quail Valley Devco IVA, Inc., recorded in Instrument No. D225185486, Official Public Records of Tarrant County, Texas, and being more particularly described as follows: BEGINNING at a 5/8" iron rod with a plastic cap stamped "DUNNAWAY" found on the northerly line of said called 123.3505 acre tract, common to the southerly line of a tract of land described in the deed to Waste Management of Texas, recorded in Volume 12208, Page 2281, Deed Records of Tarrant County, Texas, same being at the beginning of a non -tangent curve to the right with a radius of 1,022.00 feet, a central angle of 61 °31'31 ", and a chord bearing and distance of South 29'01'47" West, 1,045.47 feet, from which a 1" iron rod found for the northeast corner of said called 123.3505 acre tract bears North 89°48'59" East, a distance of 909.56 feet; THENCE departing said common line over and across said Walsh Ranches Limited Partnership tract the following courses and distances: In a southerly direction, with said non -tangent curve to the right, an arc distance of 1,097.44 feet to a 5/8" iron rod found at the beginning of a reverse curve to the left with a radius of 1,022.00 feet, a central angle of 32°17'50", and a chord bearing and distance of South 43°38'37" West, 568.50 feet; In a southerly direction, with said reverse curve to the left, an arc distance of 576.09 feet to a 5/8" iron rod found at the beginning of a compound curve to the left with a radius of 2,300.00 feet, a central angle of 13°20'28", and a chord bearing and distance of South 20°49'29" West, 534.34 feet; In a southerly direction, with said compound curve to the left, an arc distance of 535.55 feet to point for corner; North 64°58'41" West, a distance of 621.10 feet to a point for corner; North 25°00'24" East, a distance of 387.54 feet to a point for corner; City of Fort Worth, Texas Standard Completion Agreement — Self -Funded Page 8 of 10 North 64°59'36" West, a distance of 130.00 feet to a point for corner; North 25°00'24" East, a distance of 120.00 feet to a point for corner; South 64°59'36" East, a distance of 130.00 feet to a point for corner; North 25°00'24" East, a distance of 440.42 feet to a point at the beginning of a tangent curve to the left with a radius of 475.00 feet, a central angle of 25°10'59", and a chord bearing and distance of North 12°24'54" East, 207.10 feet; In a northerly direction, with said tangent curve to the left, an arc distance of 208.78 feet to a point for corner; North 00°10'36" West, a distance of 497.02 feet to point for corner on aforementioned common line; THENCE North 89°48'59" East, along the said common line, a distance of 1,208.75 feet to the POINT OF BEGINNING and containing 1,535,855 square feet or 35.2584 acres of land, more or less. City of Fort Worth, Texas Standard Completion Agreement — Self -Funded Page 9 of 10 EXHIBIT B APPROVED BUDGET Items A. Water and Sewer Construction 1. Water Construction 2. Sewer Construction Water and Sewer Construction Total B. TPW Construction 1. Street 2. Storm Drain 3. Street Lights Installed by Developer 4. Signals TPW Construction Cost Total Total Construction Cost (excluding the fees) City of Fort Worth, Texas Standard Completion Agreement — Self -Funded Page 10 of 10 Developer's Cost $ 911,695.84 $ 637,253.00 $ 1,548,948.84 $ 886,660.00 $ 587,666.00 $ 402,758.00 $ 1,877,084.00 $ 3,426,032.84 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Quail Valley Devco IVA, LLC Subject of the Agreement: CFA25-0123 - Walsh Ranch - Planning Area 4A - AR Phase 3 Water, Sewer, Paving, Storm Drain, Street Lighting M&C Approved by the Council? * Yes ❑ No 0 If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No ❑✓ If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑✓ No ❑ If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No ❑✓ If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: If different from the approval date. Expiration Date: If applicable. Is a 1295 Form required? * Yes ❑ No ❑✓ *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. 105764 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes ❑✓ No ❑ Contracts need to be routed for CSO processing in the followingorder: rder: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.