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HomeMy WebLinkAbout065290 - Construction-Related - Contract - FG Aledo Development, LLCReceived Date: 06/03/2026 Received Time: 11:20 a.m. Developer and Project Information Cover Sheet: Developer Company Name: Address, State, Zip Code: Phone & Email: 304 5 Lackland Road, Fort Worth, TX 76116 817-925-9297 & kgill@sableholdings.com Authorized Signatory, Title: Kim Gill, President and Secretary Project Name: Brief Description: Project Location: Plat Case Number: FP-24-067 Council District: 3 CFA Number: I CFA26-0045 Morningstar North Indiizo Sky Drive Sewer, Paving, Storm Drain, Street Lights & Signs, and Striving Water 300 North Indigo Sky Drive, FW ET J, Parker County, TX 76087 Plat Name: I Morningstar North Indigo Sky Drive Phased or Concurrent Provisions: City Project Number: City of Fort Worth, Texas Standard Community Facilities Agreement with City Participation Rev. 4/2/20 None 105613 / IPRC24-0170 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 1 of 18 City Secretary Number: STANDARD COMMUNITY FACILITIES AGREEMENT WITH CITY PARTICIPATION 65290 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 FG Aledo Development, 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 Morningstar North Indigo Sky Drive ("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 $1,456,341.20 to enlarge the scope of the Improvements beyond what Developer is responsible for constructing by oversizing approximately 4,725 linear feet of 12-inch water main to 16-inch water main and approximately 4,690 linear feet of 8-inch water main to 16-inch water main, as authorized by City Council through approval of M&C 26-0222 on March 31, 2026 ("City Participation"); and WHEREAS, the City Participation includes reimbursement to Developer in amounts not to exceed $1,428,393.47 for construction costs and $3,947.40 for Infrastructure Plan Review Center (IPRC) fees. The remaining City Participation in the amount of $24,000.33 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 City of Fort Worth, Texas Page 2 of 18 Standard Community Facilities Agreement with City Participation FT. WORTH, TX 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 exist 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: ❑X Exhibit A: Water ® Exhibit B: Sewer © Exhibit C: Paving ® Exhibit D: Storm Drain ❑x Exhibit E: Street Lights & Signs ® Exhibit F: Bridge Improvements 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 18 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 18 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 18 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 ANYCHARACTER, 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 18 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 PROPERL Y SAFEGUARD THE WORK, OR ON ACCOUNT OF ANY ACT, INTENTIONAL OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID DEVELOPER, ITS CONTRACTORS, SUB -CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, WHETHER OR NOT SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS, SERVANTS, OR EMPLOYEES. (c) DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, SUITS OR CAUSES OF ACTION OF ANY NATURE WHATSOEVER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ON ACCOUNT OF ANY INJURIES OR DAMAGES TO PERSONS OR PROPERTY, INCLUDING DEATH, RESULTING FROM, OR INANY WAY CONNECTED WITH, THE CONSTRUCTION OF THE IMPROVEMENTS CONTEMPLATED HEREIN, WHETHER OR NOT SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS, SERVANTS, OR EMPLOYEES. FURTHER, DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES SUFFERED BY THE CITY OR CAUSED AS A RESULT OF SAID CONTRACTORS' FAILURE TO COMPLETE THE WORK AND CONSTRUCT THE IMPROVEMENTS IN A GOOD AND WORKMANLIKE MANNER, FREE FROM DEFECTS, IN CONFORMANCE WITH THE CFA ORDINANCE, AND INACCORDANCE WITH ALL PLANS AND SPECIFICATIONS. 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 parry 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 18 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 Coordination 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 DEVELOPER: FG Aledo Development, LLC 3045 Lackland Road Fort Worth, TX 76116 Or to such other address one party may hereafter designate by notice in writing addressed and mailed or delivered to the other party hereto. City of Fort Worth, Texas Page 8 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 17. Right to Audit Developer agrees that, until the expiration of three (3) years after acceptance by the City of the Improvements constructed pursuant to this Agreement, that the City shall have access to and the right to examine any directly pertinent books, documents, papers and records of the Developer involving transactions relating to this Agreement. Developer agrees that the City shall have access during normal working hours to all necessary Developer facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Developer reasonable advance notice of intended audits. Developer further agrees to include in all contracts with Developer's contractors for the Improvements a provision to the effect that the contractor agrees that the City shall, until the expiration of three (3) years after final payment under the contract, have access to and the right to examine any directly pertinent books, documents, papers and records of such contractor, involving transactions to the contract, and further, that City shall have access during normal working hours to all of the contractor's facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Developer's contractors reasonable advance notice of intended audits. 18. Independent Contractor It is expressly understood and agreed that Developer and its employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers shall operate as independent contractors as to all rights and privileges and work performed under this Agreement, and not as agents, representatives or employees of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Developer shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its employees, representatives, agents, servants, officers, 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. City of Fort Worth, Texas Page 9 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 19. Applicable Law; Venue This Agreement shall be construed under and in accordance with Texas law. Venue shall be in the state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 20. Non -Waiver The failure of the City to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely on any such term or right on any future occasion. 21. Governmental Powers and Immunities. It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities. 22. Headings The paragraph headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. 23. Severability In the event that any clause or provision of this Agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not affect any of the remaining provisions hereof. 24. Review of Counsel City and Developer, and if they so choose, their attorneys, have had the opportunity to review and comment on this document; therefore any rule of contract construction or interpretation that would 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 City of Fort Worth, Texas Page 10 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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. 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 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 City of Fort Worth, Texas Page 11 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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 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. 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 City of Fort Worth, Texas Page 12 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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. 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 in amounts not to exceed $1,428,393.47 for construction costs and $3,947.40 for Infrastructure Plan Review Center (IPRC) fees. The remaining City Participation in the amount of $24,000.33 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. The City will reimburse the City Participation to Developer after presentation of proper documentation by Developer to the City that the Improvements have been constructed and accepted by the City and all contractors and material suppliers have been paid. 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: City of Fort Worth, Texas Page 13 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 City Participation Exhibit- Mom ingstar North Indigo Sky Drive IPRC24-0170 CPI 105613 Unit of Measure Qt City Cost Share Calculation Total Oversize 8 to 16" and 12 to 16" water line (Calcuation: Price difference) 12" PVC 11,171ter Line LF 4492.00 $120-$90= S30.00 $ 134,760.00 16" PVC Water Line 8" PVC Water Line LF 4151.00 $12.0-$46.54= $73.46 $ 304,932-46 16" PVC Water Line 12" DIP Water Line LF 23100 $160- $110= $50 $ 11,600.00 16" DIP Water Line 8" DIP Water Line LF 538.00 $160- $78= $92 $ 44.116.00 16" DIP Water Line 12" Gate Valve EA 9.00 $23,000- $4,200= $18,800 $ 169,200.00 16" Gate Valve & vault 8" Gate Valve EA 16.00 $23,000- $171500= $2 L500 $ 344,000.00 16" Gate Valve Imported Embedment CSS Backfill (12") C,Y 90.97 112.2:5 TONS-90.97 TONS=21.28 X $82.50 $ 197,066.10 Imported Embedment CSS Backfdl (16") 112.251 Imported Embedment CSS Backfill(8") CY 49.4 76.80 TONS- 49.4 TONS— 27.4 TONS X $82.50 $ 173,606.40 Imparted Embedment CSS Backfsll (16") 76.80 6" Blow off Valve (*100a chP , cost) EA 2.00 $11,475.17 $ 22,950.34 2" Combination Air Release Valve ('100 fh), cast) EA 2.00 $7,583.56 $ 15,167.12 8" Pressure Plug (4"-12") EA 1.00 $1.400- $250= $750 $ 750.00 16" Pressure Ping 12" Pressure Plug (4"-1 2") EA 1.00 $1;000- $250= $750.0+0 $ 750.00 16" Pressure Plug 24" Casing by open cut (12") LF 2000 $318.98- $101.15= $148.85 $ 2,977.00 30" Casing by open cut (16") 20 Casing by open cut (8") LF 35.00 $250- $63.77= $186.23 $ 6,518.05 30" Casing; by open cut (16") TOTAL C'TTi' PARTICIPATION S 1,428,393.47 (b) 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. (c) 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. This Agreement does not provide for any retainage to be withheld from the City Participation. City of Fort Worth, Texas Page 14 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 38 Cost Summary Sheet Project Name: Morningstar North Indigo Sky Drive City Project No.105613 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. Bridge Improvements TPW Construction Cost Total Total Construction Cost (excluding the fees): Estimated Construction Fees: C. Construction Inspection Service Fee D. Administrative Material Testing Service Fee E. Water Testing Lab Fee F. IPRC Plan Review Fees Total Estimated Construction Fees: TOTAL PROJECT COST IPRC24-0170 CFA26-0045 Developer's Cost City's Cost Total Cost $ 2,244,955.53 $ 1,428,393.47 $ 3,673,349.00 $ 816,264.00 $ - $ 816,264.00 $ 3,061,219.53 $ 1,428,393.47 $ 4,489,613.00 $ 2,691,048.60 $ - $ 2,691,048.60 $ 2,394,572.50 $ - $ 2,394,572.50 $ 578,685.42 $ - $ 578,685.42 $ 1,534,284.20 $ - $ 1,534,284.20 $ 7,198,590.72 $ - $ 7,198,590.72 $ 10,259,810.25 $ 1,428,393.47 $ 11,688,203.72 $ 169,188.75 $ 18,798.75 $ 187,987.50 $ 42,166.80 $ 4,685.20 $ 46,852.00 $ 4,647.37 $ 516.38 $ 5,163.75 $ 35,526.60 $ 3,947.40 $ 39,474.00 $ 251,529.52 $ 27,947.73 $ 279,477.25 $ 10,511,339.77 $ 1,456,341.20 $ 11,967,680.97 Financial Guarantee Options Amount Development Bond = 100% $ 11,688,203.72 X City of Fort Worth, Texas Page 15 of 18 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 Cya�-v Jesica McEachern Assistant City Manager Date: 06/02/2026 Recommended by: Z"�le� Leonel Rios Sr. Contract Compliance Specialist Development Services Department Approved as to Form & Legality: Jessika Williams Assistant City Attorney M&C No. 26-0222 Date: March 31, 2026 Form 1295: N/A °qa ATTEST: p,.Q9d ;moo =p � � ca°en�ga5Q4 JVaan"n�ette Goodall City Secretary DEVELOPER FG Aledo Development, LLC By: KTFW INVESTMENTS, INC., A Texas corporation, its manager Kim Gill (Ma 28, 2026 16:49:06 CDT) Kim Gill President and Secretary Date: 05/28/2026 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. Kandice Merrick Contract Compliance Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Page 16 of 18 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 ® 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 0 Exhibit F: Bridge Improvements ® Cost Estimates (Remainder of Page Intentionally Left Blank) City of Fort Worth, Texas Page 17 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 F-11 "MMT 1 ►�I li" Changes to Standard Community Facilities Agreement City Project No.105613 None City of Fort Worth, Texas Page 18 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 WHITE �llY S SITE OREEK SETTL EMENT CRF fk <'rr ��RrS weSr OReEk POINT OLD WEATHERFORD o 0 ORPNGN PATTERSON z OLD WEATHERFORD d CHAPIN MqR �'S 1187 20 cRFEk 30 30 580 SOUTH MARYS7CReeK nderwood C etery 20 ALEDO � r Q Q 9`�G 1187 T CPN:105613 VICINITY MAP N.T.S. 3405CACKLAND ROAD MORNINGSTAR NORTH FORPHWORTH, TEXAS 71 INDIGO SKY DRIVE PHONE (877) 731 - 759595 ONE LACKLANDENGINEERING T Flrm No. F-22775 C P N: 105613 3405 LACKLAND ROAD INDIGO SKY 0 250' 500' FORT WORTH, TEXAS 76116 PHONE (817)731-7595 EXHIBIT A - WATER SCALE:1"=500' LACKLANDENGINEERING Flrm No. F-22775 C P N: 105613 _�11111111 It�r��■���r■■■■..... 111 ____� 11 111� �I • �� � ..� 1111111 IF � 1111,111� /1111111/ 3405 LACKLAND ROAD FORT WORTH, TEXAS 76776 PHONE (877) 737 - 7595 LACKLANDENGIN! Flrm Na F-22775 II I ►�._ . INDIGO SKY EXHIBIT B - SEWER CPN:10S613 SANITARY SEWER PLAN LEGEND PROPOSED SANITARY SEWER LINE AND MANHOLE SS 0 EXISTING SANITARY SEWER LINE AND MANHOLE 0 250' 500' SCALE: 1"=500' 00 0 o �. Lf I 0 0 Mow a�,a p -L41,41 000 0 J- 00 -, -L 0 0- 1 T r MOA�'iu n A PAVING PLAN LEGEND PROPOSED PAVEMENT 37'B-B/60'ROW(TVP) PROPOSED SIDEWALK 0 PROPOSED ADA RAMP 3405 LACKLAND ROAD 0 250' 500' FORT WORTH, TEXAS 76116 INDIGO SKY PHONE (817)731-7595 EXHIBIT C - PAVING SCALE: LACKLANDENGIN' w Flrm NO. F22775 - - CPN: 10S613 mm mm STORM PLAN LEGEND 11111► ��� �� 111111/ STORM �I.: MANHOLE �. � � II � fI �I�I� • gill . _ I/I ..__LI�i�..__ ♦ _ uu� 3405 LACKLAND ROAD INDIGO SKY 0 250' 500' FORT WORTH, TEXAS 76116 PHONE (817)731-7595 EXHIBIT D - STORM DRAIN SCALE:1"=500' LACKLANDENGIN` Flrm No. F22775 CPN: 10S613 T�. f'..'� NORTT mm mm ME mm mm mm mm Was , SIGNAGE SHEET LEGEND PROPOSED STREET LIGHT I- EXIST STREET LIGHT ❑T PROPOSED TRANSFORMER (BY OTHERS) ® PROPOSED PEDESTAL ® PROPOSED GROUND BOX PROPOSED STREET SIGN 0 1 k, TIT 7711 INDIGO SKY 3405 LACKLAND ROAD EXHIBIT E - STREET LIGHTS 0 250' 500' FORT WORTH/r^-�\, TEXAS 76116 n PHONE (817) 731 - 7595 & SIGNS SCALE: 1 "= 500' LACKLANDENGINEERING N��Tr Firm No. F--22775 CPN: 10S613 3405 LACKLAND ROAD FORT WORTH, TEXAS 76776 PHONE (877) 731 - 7595 LACKLANDENGINEERING Firm No. F-22775 INDIGO SKY EXHIBIT F - BRIDGE CPN: 105613 250' 500' SCALE: 1"=500' c►��L�Z:Y1C:J' SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID 00 42 43 DAP - BID Proposal Page 1 of 1 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 3305.1003 20" Casing By Open Cut 3305.1005 30" Casing B en Cut _ 3312.2003 1" Water Service 3312.2004 1" Private Water Service �33 3312.3002 6" Gate Valve 133 0� 22 33 05 - 33 1210 LF LF 694 $210.00 $145,740.00 2 658 $250.00 $164,500.00 3 EA 1 $1,250.00 $1,250.00 4 1210 LF 2 $1,250.00 $2,500.00 5 33 1220 EA 1 $1,000.00 $1,000.00 6 3312.3003 8" Gate Valve 33 1220 EA 34 $1,500.00 $51,000.00 7 3312.3006 16" Gate Valve w/ Vault 33 1220 EA 34 $23,000.00 $782,000.00 8 3312.1002 2" Combination Air Valve Assembly for Water 33 1230 EA 2 $12,000.00 $24,000.00 9 3312.6002 6" Blow Off Valve 33 1260 EA 2 $18,000.00 $36,000.00 10 3312.0001 Fire Hydrant 33 1240 EA 16 $7,200.00 $115,200.00 11 0241.1118 4"-12" Pressure Plug 0241 14 EA 29 $250.00 $7,250.00 12 0241.1106 16" Pressure Plug 0241 14 EA 2 $1,000.00 $2,000.00 13 3312.0117 Connection to Existing 4"-12" Water Main 33 1225 EA 1 $2,000.00 $2,000.00 14 3305.0109 Trench Safety 3305 10 LF 16106 $1.00 $16,106.00 15 3311.0541 16" Water Pie 331110, 331112 LF 11232 $120.00 $1,347,840.00 16 3311.0551 16" DIP Water 33 11 10 LF 798 $160.00 $127,680.00 17 3311.0542 16" Water Pipe, CSS Backfill 331110, 331112 LF 680 $155.00 $10.5,400.00 18 3311.0261 8" PVC Water Pie 33 11 12 LF 2959 $58.00 $171,622.00 19 3311.0251 8" DIP Water 33 11 10 LF 198 $78.00 $15,444.00 20 3312.0106 Connection to Existing 16" Water Main 33 1225 33 11 12 EA LF 1 39 $53.00 $Z,000 0 $2 067.00 21 22 23 3311.0161 6" PVC Water Pipe I 16" Pressure Isolation Valve _ 3311.0242 8" Water Pipe, CSS Backfill 331220 EA 1 $525,750.00 $525,750.00 331110, 331112 _ _ _ _ _ _ LF 200 $125.00 $25,000.00 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 TOTAL UNIT I: WATER IMPROVEMENTS $3,673,349;00' CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM- DEVELOPER AWARDED PROJECTS Form Revised April 2, 2014 00 42 43 Bid Proposal - DAP.docx 00 42 43 (A) DAP - BID PROPOSAL Pagel of 3 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application UNIT II: SEWER IMPROVEMENTS 1 3305.0109 Trench Safety 3305 10 LF 6110 $1.00 $6,110.00 2 3331.4115 8" Sewer Pipe 3311 10 LF 3388 $60.00 $203,280.00 3 3331.4201 10" Sewer Pipe 3311 10 LF 652 $66.00 $43,032.00 4 3331.4119 8" DIP Sewer Pipe 3311 10 LF 1420 $110.00 $156,200.00 5 3331.4205 10" DIP Sewer 3311 10 LF 410 $185.00 $75,850.00 6 3305.0113 Trench Water Stops 33 05 10 EA 32 $256.00 $8,192.00 7 3331.4116 8" Sewer Pipe, CSS Backfill 3311 10 LF 80 $110.00 $8,800.00 8 3311.0252 8" DIP Water, CSS Backfill 3311 10 LF 160 $160.00 $25,600.00 9 3305.1003 20" Casing By Open Cut 33 05 22 LF 60 $175.00 $10,500.00 10 3339.1002 4' Drop Manhole 33 39 10 EA 5 $5,800.00 $29,000.00 11 3339.1001 4' Manhole 33 39 10 EA 37 $4,200.00 $155,400.00 12 3339.0001 Epoxy Manhole Liner 33 39 60 VF 7 $400.00 $2,800.00 13 9999.0001 Connect to Existing Sewer 99 99 99 EA 3 $500.00 $1,500.00 14 9999.0002 Payment, Performance, & 2-yr Maint Bond 99 99 99 LS 1 $75,000.00 $75,000.00 15 9999.0003 Rock Processing, Removal, Haul -Off 1999999 LS 1 $15,000.001 $15,000.00 TOTAL UNIT II: SEWER IIVIPROVEMENTSl $816,264.00 UNIT III: DRAINAGE IMPROVEMENTS 1 3341.0201 21" RCP, Class III 3341 10 LF 1525 $85.00 $129,625.00 2 3341.0205 24" RCP, Class III 3341 10 LF 1205 $100.00 $120,500.00 3 3341.0302 30" RCP, Class III 3341 10 LF 284 $112.00 $31,808.00 4 3341.0309 36" RCP, Class III 3341 10 LF 678 $160.00 $108,480.00 5 3341.0402 42" RCP, Class III 3341 10 LF 729 $230.00 $167,670.00 6 3341.0409 48" RCP, Class III 3341 10 LF 380 $270.00 $102,600.00 7 3341.0502 54" RCP, Class III 3341 10 LF 1310 $350.00 $458,500.00 8 3341.0701 72" RCP, Class III 3341 10 LF 840 $610.00 $512,400.00 9 3349.0102 4' Manhole 33 49 10 EA 3 $4,200.00 $12,600.00 10 3349.0103 5' Manhole 33 49 10 EA 11 $5,200.00 $57,200.00 11 3349.0003 6' Storm Junction Box 33 49 10 EA 5 $6,200.00 $31,000.00 12 3349.0005 8' Storm Junction Box 33 49 10 EA 4 $9,500.00 $38,000.00 13 3349.5001 10' Curb Inlet 33 49 20 EA 17 $7,500.00 $127,500.00 14 3349.5002 15' Curb Inlet 33 49 20 EA 8 $11,250.00 $90,000.00 15 3349.7002 5' Drop Inlet 33 49 20 EA 6 $6,500.00 $39,000.00 16 3349.1003 24" Flared Headwall, 1 pipe 33 49 40 EA 1 $4,800.00 $4,800.00 17 3349.1011 48" Flared Headwall, 1 pipe 33 49 40 EA 1 $6,500.00 $6,500.00 18 3349.1012 54" Flared Headwall, 1 pipe 33 49 40 EA 1 $9,750.00 $9,750.00 19 3349.1015 72" Flared Headwall, 1 pipe 334940 EA 1 $11,500.00 $11,500.00 20 3301.0001 Pre -CCTV Inspection 3301 31 LF 6951 $4.25 $29,541.75 21 3301.0002 Post -CCTV Inspection 3301 31 LF 6951 $4.25 $29,541.75 22 3305.0109 Trench Safety 33 05 10 LF 6951 $1.00 $6,951.00 23 9999.0004 54" CMP 99 99 99 LF 182 $210.00 $38,220.00 24 3137.0104 Medium Stone Riprap, dry 31 3700 SY 1133 $95.00 $107,635.00 25 3137.0102 Large Stone Riprap, dry 131 3700 ISY 1 350 $95.001 $33,250.00 26 19999.0005 Payment, Performance, & 2-yr Maint Bond 1999999 ILS 1 1 $75,000.001 $75,000.00 27 19999.0006 Rock Processing, Removal, Haul -Off 1999999 ILS 1 1 $15,000.001 $15,000.00 TOTAL UNIT III: DRAINAGE IMPROVEMENTS $2,394,572.50 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID 1JI.M.: DAP - It[[) PROPOW PW4ofJ Bidder's Application Project Item Information Bidder's Proposal B)dhst Item Description Specification Section No Bid Unit Price Bid Value No ea r Measure Quantity This Bid is submitted by the entity named below: BIDDER: OT Utility Contractors [at. Conlractor agrees to complete W ORK for FINAL ACCEPTANCE within CONTRACT commences to run as provided in the General Conditions. BY: / TITLE: DATE: END OF SECTION 210 working days after The date when the CITY OF Hail WORM STANDARDCO WItUCTIONSPECIFICATION DOCUMENTS- DEVELOPER AWARINit) PRi»P.Lfs Farm Vnwn Afs 22.20P) At.mmpnm ii.tip. dv mM - Uuhua 14u{."W 1— 00 42 43 (A) DAP - BID PROPOSAL Page I of I UNIT IV: PAVING IMPROVEMENTS 1 3211.0501 6" Lime Stabilized Subgrade 32 1129 SY 29384 $3.15 $92,559.60 2 3213.0103 7.5" Conc Pvmt 32 1313 SY 27488 $56.95 $1,565,441.60 3 3213.0301 4" Conc Sidewalk 32 13 20 SF 77797 $6.70 $521,239.90 4 3213.0501 Barrier Free Ramp, Type R-1 32 13 20 EA 38 $4,100.00 $155,800.00 5 3217.0502 Preformed Thermoplastic Contrast Markings - 24" Crosswalk 32 17 23 LS 1 $81,600.00 $81,600.00 6 9999.0001 Type III Barricade 00 00 00 EA 23 $1,500.00 $34,500.00 7 3211.0400 Hydrated Lime 32 11 29 TN 521.5 $305.00 $159,057.50 8 3213.0506 Barrier Free Ramp, Type P-1 32 1320 EA 4 $3,100.00 $12,400.00 9 13213.0504 Barrier Free Ramp, Type M-2 32 13 20 EA 9 $4,550.00 $40,950.00 10 199999.0002 Payment, Performance, 2-yr Maint Bond 1000000 LS 1 1 $27,500.00 $27,500.00 TOTAL UNIT IV: PAVING IMPROVEMENT $2,691,048.60 00 42 43 DAP - BID PROPOSAL Page 2 of 2 UNIT VI: BRIDGE IMPROVEMENTS 1 3305.0206 Imported Embedment/Backfill, Cement Backfill 9999.0001 Drilled Shafts 9999.0002 CL C Conc (Abut) (HPC) 9999.0003 CL C Conc (CAP) (HPC) 9999.0004 CL C Conc (Column) (HPC) 9999.0005 Bridge Concrete Sidewalk 330510 999900 999900 CY LF CY 154 $198.00 $30,492.00 2 36 $3,600.00 $129,600.00 3 53.9 $1,384.00 $74,597.60 4 999900 CY 45 $1,382.00 $62,190.00 5 999900 CY 20.4 $2,214.00 $45,165.60 6 999900 SF 4578 $12.00 $54,936.00 7 9999.0006 Reinf Conc Slab 999900 SF 9000 $27.00 $243,000.00 8 9999.0007 Approach Slab (HPC) 999900 CY 109 $785.00 $85,565.00 9 9999.0008 Prestressed Concrete Girder (TX28) 999900 LF 1071 $322.00 $344,862.00 10 3137.0102 Riprap (Stone Protection) (24") 313700 CY 865 $158.00 $136,670.00 11 9999.0009 STIR Steel (Misc. Non -Bridge) 999900 LB 490 $17.00 $8,330.00 12 9999.0010 Rail TY C223 999900 LF 392 $257.00 $100,744.00 13 9999.0011 Armor Joint (Sealed) 999900 LF 93 $93.00 $8,649.00 14 9999.0012 Mobilization 9999.0013 Payment, Performance, and 2yr Maint Bonds 3137,0104 Riprap Stone Protection (18") 999900 LS 1 $150,000.00 $150,000.00 15 999900 LS 1 $21,000.00 $21,000.00 16 313700 CY 59 $167.00 $9,853.00 17 3137.0101 Concrete Riprap 31 3700 LS 1 $28,630.001 $28,630.00 TOTAL UNIT VI: BRIDGE IMPROVEMENTS $1,534,284.26 Bid Summari UNIT I: WATER IMPROVEMENTS UNIT II: SEWER IMPROVEMENTS UNIT III: DRAINAGE IMPROVEMENTS UNIT IV: PAVING IMPROVEMENTS UNIT V: STREET LIGHTING IMPROVEMENTS UNIT VI: BRIDGE IMPROVEMENTS This Bid is submitted by the entity named below: BIDDER: Scott Tucker Construction Company 7639 Confederate Park Rd. Fort Worth, TX 76108 Contractor agrees to complete WORK for FINAL ACCEPTANCE within CONTRACT commences to run as provided in the General Conditions. SECTION Total Construction Bid BY: ,)eff Giles TITLE: Vice President DATE: 2/ 17/2026 95 working days after the date when the $1,534,284 CITY OF FORT WORTH Morningstar North Indigo Sky Drive STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS- DEVELOPER AWARDED PROJECTS City Project No. 105613 Fonn Version May 22, 2019 00 42 43 (A) DAP - BID PROPOSAL Page I of I UNIT V: STREET LIGHTING IMPROVEMENTS 1 9999.0003 Mobilization 00 00 00 LS 1 $3,520.02 $3,520.02 2 9999.0004 Locate Existing Utilities 00 00 00 LS 1 $5,808.00 $5,808.50 3 3441.1771 Furnish/Install 120-240 Volt Single Phase Metered Pedestal 3441 20 EA 2 $7,761.60 $15,523.20 4 9999.0005 Roadway Streetlights 00 00 00 EA 6 $7,510.801 $45,064.80 5 3441.3035 Furnish/Install Utility Washington Postlite Series Luminaire Full Cutoff LED and Pole 3441 20 EA 60 $3,385.80 $203,148.00 6 9999.0006 Streetlight Bases 2'x8' Piers 00 00 00 EA 6 $1,755.60 $10,533.60 7 9999.0006 Streetlight Bases (2'x5' Piers) 00 00 00 EA 60 $1,425.60 $85,536.00 8 3441.1502 Furnish/Install Ground Box Type B, w/Apron 3441 10 EA 44 $1,471.80 $64,759.20 9 2605.3011 2" CONDT PVC SCH 40 (T) 26 05 33 LF 2520 $11.48 $28,929.60 10 2605.3012 2" CONDT PVC SCH 40 (B) 26 05 33 LF 4270 $11.48 $49,019.60 11 9999.0007 Install 2" Conduit SCH 40 Services 00 00 00 LF 100 $12.14 $1,214.00 12 9999.0008 #2 CU XHHW Wire 1000000 ILF 1 300 $4.86 $1,458.00 13 9999.0009 #6 CU XHHW Wire loo0000 ILF 1 134401 $2.98 $40,051.20 14 9999.0010 Install #6 IN. GND 1000000 ILF 1 66901 $2.981 $19,936.20 15 19999.0011 Install 2" Conduit SCH 40 Conc Encased 1000000 ILF 1 100 $41.841 $4,184.00 TOTAL UNIT V: STREET LIGHTING IMPROVEMENTS 1 $578,685.42 City of Fort Worth, Mayor and Texas Council Communication DATE: 03/31/26 M&C FILE NUMBER: M&C 26-0222 LOG NAME: 60MORNINGSTAR NORTH INDIGO SKY WATER LINE OVERSIZING SUBJECT (CD 3) Authorize Execution of a Community Facilities Agreement with City Participation in an Amount Up to $1,456,341.20 with FG Aledo Development, LLC for Oversizing Two 16-Inch Water Mains for Anticipated Future Growth in West Fort Worth, Adopt Resolution Expressing Official Intent to Reimburse Expenditures from Proceeds of Future Debt, and Adopt Appropriation Ordinance to Effect a Portion of Water's Contribution to the Fiscal Years 2026-2030 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of a Community Facilities Agreement with City participation in an amount up to $1,456,341.20 with FG Aledo Development, LLC for oversizing two 16-inch water main for anticipated future growth in West Fort Worth; 2. Adopt the attached resolution expressing official intent to reimburse expenditures with proceeds of future enterprise fund debt for the Community Facilities Agreement -Morningstar North Indigo Sky project; and 3. Adopt the attached appropriation ordinance adjusting estimated appropriations in the Water and Sewer Commercial Paper Fund by decreasing estimated appropriations in the W&S Commercial Paper project (City Project No. UCMLPR) in the amount of $1,670,601.00 and increasing estimated appropriations in the Community Facilities Agreement Bucket programmable project (City Project No. P00001) by the same amount for the purpose of funding the Community Facilities Agreement CFA-Morningstar North Indigo Sky project (City Project No. 105613) and to effect a portion of Water's contribution to the Fiscal Years 2026-2030 Capital Improvements Program. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to: (1) authorize execution of a Community Facilities Agreement (CFA) with FG Aledo Development, LLC (Developer) with City Participation in an amount up to $1,456,341.20, (2) adopt a resolution expressing official intent to reimburse expenditures with proceeds of future enterprise fund debt for the CFA- Morningstar North (N.) Indigo Sky project, and (3) adopt an appropriation ordinance to effect a portion of Water's Contribution to the Fiscal Years 2026-2030 Capital Improvement Program (CIP). Developer is constructing the Morningstar North Indigo Sky development project located north of Old Weatherford Road and east of Farmer Road 3325. The Developer is required to extend approximately 4,725 linear feet of 12-inch West Side V (WS5) water main and 4,690 linear feet of 8- inch West Side IV (WS4) water main to serve the development. The Water Department will participate in oversizing approximately 4,725 linear feet from 12-inch to 16-inch water main and approximately 4,690 linear feet from 8-inch to 16-inch water main for anticipated future growth in the area. City Participation in construction costs shall be calculated in accordance with the City's Unit Price Ordinance. The Morningstar North Indigo Sky water line project is assigned City Project No. 105613 and Accela System Record IPRC24-0170. In accordance with Chapter 212, Subchapter C of the Texas Local Government Code, the City's participation in the contract is exempt from competitive bidding requirements because the contract is for oversizing public improvements being constructed by the Developer, the Developer will execute a performance bond to cover the total project cost, including all of the City's cost participation, and the City's cost participation will be determined by ordinance. The oversizing of the water main will be in accordance with the City's Unit Price Ordinance. The City's cost participation in the oversizing of the water main is estimated to be in an amount up to $1,456,341.20 as shown in the table below. Payments to the Developer are estimated to be: $1,428,393.47 for construction costs, and $3,947.40 for Infrastructure Plan Review Center (IPRC) fees. The City's cost participation also includes $24,000.33 to cover the City's portion of construction inspection service fees, water lab fees, and administrative material testing fees. An additional $214,259.02 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: A. Public Improvements Developer Cost City Cost Total Cost 1. Water Improvements $2,244,955.53 $1,428,393.47 $3,673,349.00 Contingency $0.00 $214,259.02 $214,259.02 2. Sewer Improvements $816,264.00 $0.00 $816,264.00 3. Drainage $2,394,572.50 $0.00 $2,394,572.50 4. Paving $2,691,048.60 $0.00 $2,691,048.60 5. Street Lighting $578,685.42 $0.00 $578,685.42 6. Bridge Improvements $1,534,284.20 $0.00 $1,534,284.20 B. Inspections & Testing 1. Construction Inspection Fee $169,188.75 $18,798.75 $187,987.50 2. Admin Material Testing Fee $42,166.80 $4,685.20 $46,852.00 3. Water Lab Fee $4,647.38 $516.38 $5,163.75 4. IPRC Plan Review Fees $35,526.60 $3,947.40 $39,474.00 Total Project Cost $10,511,339.78$1,670,600.22$12,181,939.99 The 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. It is the practice of the Water Department to appropriate its Capital Improvement Plan (CIP) throughout the Fiscal Year (FY), 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 M&C will appropriate funds in support of the Water's portion of the City of Fort Worth's Fiscal Years 2026-2030 CIP. Available cash within the Water and Sewer portfolio and the City's portfolio along with the appropriation authority authorized under the Callable Commercial Paper Program (CP) will be used to provide interim financing for this project until debt is issued. Once debt associated with this project is sold, bond proceeds will be used to reimburse the Water and Sewer portfolio and the City's portfolio in accordance with the attached Reimbursement Resolution. Funding is available in the Commercial Paper project within the Water & Sewer Commercial Paper Fund for the purpose of funding the CFA Bucket programmable project for the CFA-Morningstar N. Indigo Sky project. Funding for the CFA-Morningstar N. Indigo Sky project is as depicted in the table below: Fund Existing Appropriations Additional Appropriations Project Total W&S Commercial Paper - Fund 56026 $0.00 $1,670,601.00 $1,670,601.00 Total $0.00 $1,670,601.00 $1,670,601.00 SMALL BUSINESS (SB) GOAL: A small business goal was not required as this procurement is exempt under the small business ordinance. This project is in Council District 3. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are currently available in the Commercial Paper project within the W&S Commercial Paper Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in W&S Commercial Paper Fund for the CFA Bucket programmable project to support the execution of the agreement. Prior to an expenditure being incurred, the Water Department has the responsibility of verifying the availability of funds. Submitted for City Manager's Office b . Jesica McEachern 5804 Originating Business Unit Head: Chris Harder 5020 Additional Information Contact: Suby Varughese 8009 Elynn Ray 7856 Expedited FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: FG Aledo Development, LLC Subject of the Agreement: CFA26-0045 - Morningstar North Indigo Sky Drive (Water, Sewer, Paving, Storm Drain, Street Lights & Signs, and Striping) M&C Approved by the Council? * Yes 0 No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 0 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes 0 No ❑ If unsure, see backpage for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 0 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: Expiration Date: If different from the approval date. If applicable. Is a 1295 Form required? * Yes ❑ No ED *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. 105613 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 0 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.