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HomeMy WebLinkAbout065807 - Construction-Related - Contract - CTMGT Alpha Ranch, LLCReceived Date: 09/11/2026 Received Time: 4:00 p.m. Developer and Project Information Cover Sheet: Developer Company Name: CTMGT Alpha Ranch, LLC Address, State, Zip Code: 1800 Valley View, Suite 300, Farmers Branch, TX 75234 Phone & Email: (281) 387-1633 & aadkins(dilandmarkinterests.com Authorized Signatory, Title: Mehrdad Moayedi, Manager Project Name: Alpha Ranch Parkway & Comancheria Way Offsite Water Line Brief Description: Water Project Location: South of SH-114 on Alpha Ranch Parkway then East to Sendera Ranch Boulevard Plat Case Number: Not Provided Plat Name: Not Provided Council District: ETJ CFA Number: I CFA26-0041 Phased or Concurrent Put the applicable provisions or None Provision: City Project Number: 106400 / IPRC25-0125 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Page 1 of 19 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 City Secretary Number: STANDARD COMMUNITY FACILITIES AGREEMENT WITH CITY PARTICIPATION 65807 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 CTMGT Alpha Ranch, 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 Alpha Ranch Parkway & Comancheria Way Offsite Water Line ("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, the property is the subject of the following agreements: the Alpha Ranch Development Agreement, City Secretary Contract No. 48650, as amended ("Development Agreement"); an Agreement for Construction of Sendera Ranch Boulevard, City Secretary Contract Number 48648, as amended ("Sendera Ranch Blvd Agreement"); a Utility and Infrastructure Agreement, City Secretary Contract Number 58579 ("Utility Agreement"); an Agreement Concerning Operation of Alpha Ranch Fresh Water Supply District No. 1 of Denton and Wise Counties, as amended, City Secretary Contract Number 48647 ("Operation Agreement"); a Sewer Infrastructure Agreement, City Secretary Contract Number 48656 ("Sewer Agreement"); and a Water Infrastructure Agreement, City Secretary Contract Number 48654 ("Water Agreement"); 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 $3,089,287.10 to enlarge the scope of the Improvements beyond what Developer is responsible for constructing by oversizing approximately 8,530 linear feet of water main from 12 -inches to 16 -inches and OFFICIAL RECORD City of Fort Worth, Texas CITY SECRETARY Page 2 of 19 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 FT. WORTH, TX approximately 4,456 linear feet of water main from 16 -inches to 30 -inches as authorized by City Council through approval of M&C 26-0723 on August 11, 2026 ("City Participation"); and WHEREAS, the City Participation includes reimbursement to Developer in amounts not to exceed $2,927,850.69 for construction costs, $117,114.03 for material testing costs, $7,259.00 for public bid advertisement costs, and $6,534.03 for IPRC plan review fees. The remaining City Participation in the amount of $30,529.35 shall not be paid to Developer, but will be used by City to pay for the City's portion of construction inspection service fees, administrative material testing fees, and water lab testing fees; and 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: ® Exhibit A: Water ❑ Exhibit B: Sewer ❑ Exhibit C: Paving ❑ Exhibit D: Storm Drain ❑ Exhibit E: Street Lights & Signs ❑ Exhibit F: Traffic Signal & Striping The Location Map and Cost Estimates are also attached hereto and incorporated herein by reference. To the extent that Exhibits A, B, C, D, E, F, the Location Map, or the Cost Estimates conflict with the Engineering Plans, the Engineering Plans shall control. If applicable, Attachment 1 — Changes City of Fort Worth, Texas Page 3 of 19 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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. 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 City of Fort Worth, Texas Page 4 of 19 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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. (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 City of Fort Worth, Texas Page 5 of 19 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 (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. (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. City of Fort Worth, Texas Page 6 of 19 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 (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, INCL UDINGDEATH, 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 NOTSUCHINJURIES, 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 IN ANY WAY CONNECTED WITH, THE CONSTRUCTION OF THE IMPROVEMENTS CONTEMPLATED HEREIN, WHETHER OR NOT SUCH INJURIES, DEATH OR DAMAGES ARE CA USED, 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 INA CCORDANCE WITH ALL PLANS AND SPECIFICATIONS. 13. Right to Enforce Contracts Upon completion of all work associated with the construction of the Improvements, Developer will assign to the City a non-exclusive right to enforce the contracts entered into by Developer with its contractors, along with an assignment of all warranties given by the contractors, whether express or implied. Further, Developer agrees that all contracts with any contractor shall include provisions granting to the City the right to enforce such contracts as an express intended third party beneficiary of such contracts. 14. Estimated Fees Paid by Developer; Reconciliation Prior to execution of this Agreement, Developer has paid to the City the estimated cost of administrative material testing service fees, construction inspection service fees, and water testing lab fees for the water Improvements in the amounts set forth in the Cost Summary section of this Agreement. Upon completion of the construction of the water and sewer Improvements, the City will reconcile the actual cost City of Fort Worth, Texas Page 7 of 19 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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 water and sewer 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. In accordance with the Development Agreement, City shall be responsible for inspecting the construction of all water improvements. The District's engineer may observe the City's inspections for the purpose of gathering the information required to complete and submit all TCEQ required reports. The City's inspectors shall cooperate with the District to provide inspection report that satisfy TCEQ requirements for issuance of bonds by the District. Inspection and testing of all other Improvements (other than water Improvements), shall be performed by inspectors retain and paid for by the District, or the property owner on behalf of the District, and approved by the City ("Third Party Inspectors"). The District or property owner shall submit the names, addresses, and phone numbers of the Third Party Inspectors to the City as part of the submittal of final construction plans. Construction of the Improvements shall not commence until the Third Party Inspectors have been approved by the City, which approval shall not be unreasonably withheld or delayed. The District or property owner shall require all Third Party Inspectors to provide copies of all inspection and testing reports to the City Inspector within five (5) business days of the date of the inspection. The City has the right to terminate any Third Party Inspector retained by the District or owner in accordance with the foregoing paragraph if the inspector (a) fails to perform inspections and testing to ensure construction in compliance with this Agreement and the Development Agreement; or (b) fails to timely provide copies of inspection and testing reports to the City's Transportation and Public Works Department, and does not correct any such deficiencies within ten (10) days after receipt of written notice from the City. Upon terminate of any Third Party Inspector, the City at its option may: (a) allow the use of another approved Third Party Inspector, or (b) perform all necessary inspections and testing. Should the City elect to perform inspections and testing pursuant to this subsection, the City shall perform such inspections and testing in a timely manner and the District shall pay the City an inspection fee to reimburse the City for its reasonable and necessary costs of performing the inspection, not exceeding the City's generally applicable fee schedule. The City shall have the right, but not the obligation to inspect and test the Improvements being inspected by Third Party Inspectors at City sole cost and expense. City shall have the right to participate in a final inspection of all Improvements. Developer shall require the contractor to notify the City Inspector when Improvements are ready for a final inspection. Denton County shall inspect all flood control structures and connections to Denton County Roads. The property owner shall deliver as -built drawings for all Improvements to the City and County within thirty (30) days after final inspection. 15. Material Testing The City maintains a list of pre -approved material testing laboratories. The Developer must City of Fort Worth, Texas Page 8 of 19 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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: CTMGT Alpha Ranch, LLC 1800 Valley View, Suite 300 Farmers Branch, TX 75234 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 City of Fort Worth, Texas Page 9 of 19 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Developer reasonable advance notice of intended audits. Developer further agrees to include in all contracts with Developer's contractors for the Improvements a provision to the effect that the contractor agrees that the City shall, until the expiration of three (3) years after final payment under the contract, have access to and the right to examine any directly pertinent books, documents, papers and records of such contractor, involving transactions to the contract, and further, that City shall have access during normal working hours to all of the contractor's facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Developer's contractors reasonable advance notice of intended audits. 18. Independent Contractor It is expressly understood and agreed that Developer and its employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers shall operate as independent contractors as to all rights and privileges and work performed under this Agreement, and not as agents, representatives or employees of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Developer shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer acknowledges that the doctrine of respondeat superior shall not apply as between the City and its officers, representatives, agents, servants and employees, and Developer and its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Developer. It is further understood that the City shall in no way be considered a co -employer or a joint employer of Developer or any employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers of Developer. Neither Developer, nor any officers, agents, servants, employees or subcontractors of Developer shall be entitled to any employment benefits from the City. Developer shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. The City, through its authorized representatives and employees, shall have the sole and exclusive right to exercise jurisdiction and control over City employees. 19. Applicable Law; Venue This Agreement shall be construed under and in accordance with Texas law. Venue shall be in the state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 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. City of Fort Worth, Texas Page 10 of 19 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 21. Governmental Powers and Immunities. It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities. 22. Headings The paragraph headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. 23. Severability In the event that any clause or provision of this Agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not affect any of the remaining provisions hereof. 24. Review of Counsel City and Developer, and if they so choose, their attorneys, have had the opportunity to review and comment on this document; therefore any rule of contract construction or interpretation that would normally call for the document to be interpreted as against the drafting party shall not apply in interpretation of this Agreement, and each section, portion, and provision of this Agreement shall be construed solely on the basis of the language contained therein, regardless of who authored such language. 25. Prohibition on Boycotting Israel Developer acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company with 10 or more full-time employees that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. To the extent that Chapter 2271 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not boycott Israel; and (2) will not boycott Israel during the term of this Agreement. 26. 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 City of Fort Worth, Texas Page 11 of 19 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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 i£ (1) this Agreement has a stated expenditure of at least $1 million in public funds for the purchase of good or services by the City; or (2) this Agreement results in the expenditure of at least $1 million in public funds for the purchase of goods or services by the City in a fiscal year of the City. To the extent that section 552.371 of the Texas Government Code applies to this Agreement, Developer shall comply with section 552.372 of the Texas Government Code by: (1) preserving all contracting information relating to this Agreement as provided by the records retention requirements applicable to the City for the duration of the Agreement; (2) promptly providing the City any contracting information related to this Agreement that is in the custody or possession of Developer on request of the City; and (3) on completion of the Agreement, either (a) providing at no cost to the City all contracting information related to the Agreement that is in the custody or possession of Developer; or (b) preserving the contracting information relating to the Agreement as provided by the retention requirements application to the City. City of Fort Worth, Texas Page 12 of 19 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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 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 City of Fort Worth, Texas Page 13 of 19 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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 $2,927,850.69 for construction costs, $6,534.03 for IPRC plan review fees, $7,259.00 for the public bid advertisement costs, and $117,114.03 for material testing costs. The remaining City Participation in the amount of $30,529.35 shall not be paid to Developer but will be used by City to pay for the City's portion of construction inspection service fees, administrative material testing fees, and water lab testing fees. During construction of the Improvements, Developer will receive applications for payment from Developer's contractors. Developer shall verify that each application for payment is due and payable under the construction contracts between Developer and the contractors and that the Improvements that are the subject of the application for payment have been constructed. Developer shall submit payment requests to the City, in the form of an invoice, no more frequently than one time per month to obtain reimbursement of the City Participation (each a "Payment Request"). Each Payment Request shall be delivered to the City utilizing the City's eBuilder software application and the spreadsheet approved by the City. Each Payment Request submitted by Developer shall be accompanied with proof that: (1) Developer has paid the contractors for the amount included in the Payment Request; and (2) an affidavit and lien release from the contractors indicating that Developer has paid the contractors in full for the amount included in each Payment Request and the contractors have paid all subcontractors and material suppliers in full. Developer must register as a vendor of the City in order for the City Participation to be paid to Developer. The cost of any change orders must be agreed upon in writing by the parties and the party or parties benefitting from the change order must pay the costs as outlined in the written change order signed by the parties. The City Participation for construction costs was calculated as follows: City of Fort Worth, Texas Page 14 of 19 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 Public Dev Cost City Cost Total Cost Improvements 1. Water Improvements $2,669.686.31 $2,927,850.69 55,597,537.0 A. Construction Inspection fees $19.575.0 S22.612.50 $42,187.5 B. Admin Material Testing fees $5,115.lz $5.908.8e $11,024.0 C. Water Lab fees $1 .738.2C $2,007.99 $3,746.2 D. Material Testing costs $0.0 $117,114.03 $117,114.0 F. Public Bid Advertisement costs $6,283.91 $7,259.00 $13,542.91 G. IPRC Plan Revie fees $5.656.3 $6,534.03 $12,190.3 Total Costs $2,708,054.9 $3,089,287.10 55,797,342.0 (b) 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 contractors inspect the Improvements, and the City concurs that the Improvements are substantially complete. This City will withhold 5% in retainage from each payment made to Developer. Retainage shall be paid by City to Developer 60 days after the Improvements are constructed and accepted by the City and Developer delivers an invoice to the City. (c) 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. [REMAINDER OF PAGE INTENTIONALLY BLANK] City of Fort Worth, Texas Page 15 of 19 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 38 Cost Summary Sheet Project Name: Alpha Ranch Parkway & Comancheria Way Offsite Water Line City Project No.106400 Items A. Water and Sewer Construction 1. Water Construction 2. Sewer Construction Water and Sewer Construction Total IPRC25-0125 CFA26-0041 Developer's Cost City's Cost Total Cost $ 2,669,686.31 $ 2,927,850.69 $ 5,597,537.00 $ - $ - $ $ 2,669,686.31 $ 2,927,850.69 $ 5,597,537.00 B. TPW Construction 1. Street $ - $ - $ - 2. Storm Drain $ - $ - $ - 3. Street Lights Installed by Developer $ - $ - $ - 4. Signals $ - $ - $ - TPW Construction Cost Total $ - $ - $ - Total Construction Cost (excluding the fees) Estimated Construction Fees: C. Construction Inspection Service Fee D. Administrative Material Testing Service Fee E. Water Testing Lab Fee F. Material Testing Cost G. Public Bid Advertisement Costs H. IPRC Plan Review fees Total Estimated Construction Fees: TOTAL PROJECT COST $ 2,669,686.31 $ 2,927,850.69 $ 5,597,537.00 $ 19,575.00 $ 22,612.50 $ 42,187.50 $ 5,115.14 $ 5,908.86 $ 11,024.00 $ 1,738.26 $ 2,007.99 $ 3,746.25 $ - $ 117,114.03 $ 117,114.03 $ 6,283.91 $ 7,259.00 $ 13,542.91 $ 5,656.33 $ 6,534.03 $ 12,190.36 $ 38,368.64 $ 161,436.41 $ 199,805.05 $ 2,708,054.95 $ 5,797,342.05 Choice Financial Guarantee Options, choose one Amount (Mark one Bond = 100% $ 5,597,537.00 X City of Fort Worth, Texas Page 16 of 19 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 DEVELOPER CTMGT Alpha Ranch, LLC, a Texas limited liability company Jesica McEachern By: Centarntar Terras, L.L.C., Assistant City Manager Its Manager Date: 09/11/2026 By: CTMGT, LLC, Recommended by: Its Manager Leonel Rios Sr. Contract Compliance Specialist Development Services Department Approved as to Form & Legality: Jessika Williams Assistant City Attorney 7%`ln ii / ' Mehrdad Moavedi (Sep 9. 2026 08:54:11 Tl Mehrdad Moayedi Manager Date: 09/09/2026 M&C No. 26-0723 Date: 8/11/26 Form 1295: 2026-1423929 nny Contract Compliance Manager: ATTEST: a�°`°°°ARTo9ao By signing, I acknowledge that I am the person % .ham aap°°nu�a.'a responsible for the monitoring and U administration of this contract, including Jannette Goodall ensuring all performance and reporting City Secretary requirements. Kandice Merrick Contract Compliance Manager OFFICIAL RECORD CITY SECRETARY City of Fort Worth, Texas FT. WORTH, TX Page 17 of 19 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 The following attachments are incorporated into this Agreement. To the extent a conflict exists between the main body of this Agreement and the following attachments, the language in the main body of this Agreement shall be controlling. Included Attachment ® Attachment 1 - Changes to Standard Community Facilities Agreement ❑ Attachment 2 — Phased CFA Provisions ❑ Attachment 3 — Concurrent CFA Provisions ❑X Location Map X Exhibit A: Water Improvements ❑ Exhibit B: Sewer Improvements ❑ Exhibit C: Paving Improvements ❑ Exhibit D: Storm Drain Improvements ❑ Exhibit E: Street Lights and Signs Improvements ❑ Exhibit F: Traffic Signal and Striping Improvements ® Cost Estimates (Remainder of Page Intentionally Left Blank) City of Fort Worth, Texas Page 18 of 19 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 F-11 "T�' i ► I liiiiF� Changes to Standard Community Facilities Agreement City Project No.106400 None City of Fort Worth, Texas Page 19 of 19 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 PROJECT LOCATION S.H. 114 J)k Il II \1 r II a Q� I U �O FORT - �� WORTH c� �Lo > U ALLIANCE z z AIRPORT O U 0 z W W pp U) O w DENTON COUNTY U) TARRANT COUNTY II , AVONDALE HASLET RD COUNCIL DISTRICT NO. ETJ MAPSCO NO. N/A ALPHA RANCH WATER CONTROL AND IMPROVEMENT IPRC 25-0125 DISTRICT OF DENTON AND WISE COUNTIES. CPN 106400 LOCATION MAP OWNER: IN VYIOOd ALPHA RANCH PARKWAY & CTMGT ALPHA RANCH, LLC °°°°°d R° °'°B°'x�' Inc NORTH COMANCHERIA WAY OFFSITE 1800 VALLEY VIEW FrWoen„°T0761ndYs°�°e 250 NOT TO SCALE WATER LINE FARMERS BRANCH, TX 75234 PloNFree hone ((817)562.3350 888)937-5150 PHONE #: 469.892.7600 TBPE FIRM NO. F-11756 DATE: MARCH 2026 W°dw°°dP•e°I^ MATCHLINE 2 p ` STATE HIGHWAY 114 O 1 �o zm ma % PROPOSED 16" nnATCHLINE 1 1 WATER LINE z o LEGEND PROPOSED WATER LINE EXISTING WATER LINE NOTE: ALL WATER IMPROVEMENTS TO BE MAINTAINED BY THE CITY OF FORT WORTH NOTE: ALL PROPOSED WATER LINES IPRC 25-0125 EXHIBIT A - WATER ARE 811 UNLESS OTHERWISE NOTED. CPN 106400 WATER IMPROVEMENTS OWNER: IN_wood 0 NORTH 1000, ALPHA RANCH PARKWAY & CTMGT ALPHA RANCH, LLC "h'°B°I xrvias, Inc COMANCHERIA WAY OFFSITE 1800 VALLEY VIEW Fr°woen„°TX 76177 Suite 250 WATER LINE FARMERS BRANCH, TX 75234 Phone (817)5623356 GRAPHIC SCALE PHONE #: 469.892.7600 TBPEFollFree NO. F-1175156 TBPE FIRM NO. F-11756 DATE: MARCH 2026 weriw°°dps.e°IB 0041 00 BID FORM Page 1 of 3 SECTION 00 41 00 BID FORM TO: The Purchasing Manager c/o: The Purchasing Division 200 Texas Street City of Fort Worth, Texas 76102 FOR: City Project No.: Units/Sections: UNIT 1: WATER IMPROVEMENTS 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of City (b) to establish Bid prices at artificial non-competitive levels, or (c) to deprive City of the benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non- competitive levels. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 00 41 00_Bid Proposal Workbook 0041 00 BID FORM Page 2 of 3 d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. WATER IMPROVEMENTS 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 100 working days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work (and/or achievement of Milestones) within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form, Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 e. MWBE Forms (optional at time of bid) f. Prequalification Statement, Section 00 45 12 g. Conflict of Interest Affidavit, Section 00 35 13 *If necessary, CIO or CIS forms are to be provided directly to City Secretary h. Any additional documents that may be required by Section 12 of the Instructions to Bidders CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00 41 00_Bid Proposal Workbook Revised 9/30/2021 0041 00 BID FORM Page 3 of 3 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 6.3. Total Bid i5r1'41 53? ' 7. Bid Submittal This Bid is submitted on ti/l *I Z ilr Respectfully submitted, By: ignature) Brock Huggins (Printed Name) Title: President Company: Conatser Construction TX, L.P. Address: 5327 Wichita St Fort Worth TX 76119 State of Incorporation: Texas Email: Brock@cctxlp.com Phone: 817-534-1743 END OF SECTION by the entity named below. Receipt is acknowledged of the following Addenda: Initi Addendum No. 1: (o 4 2 Addendum No. 2: Addendum No. 3: Addendum No. 4: Corporate Seal: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00 41 00_Bid Proposal Workbook Revised 9/30/2021 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Unit I - WATER IMPROVEMENTS Bidlisi Item No. Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value 1 16 -Inch PVC C905 Water Pipe 33 11 12 LF 4416 _ $132.00 $172.00 $232.00 $182.00 $212.00 $212.00 $242.00 _ $330.00 $430.00 $450.00 $582,912.00 $544,724.00 $122,960.00 $28,574.00 $11,024.00 _ $23,956.00 $22,990.00 $1,162,920.00 _ $305,300.00 $99,900.00 $67,456.00 2 16 -inch PVC C905 Water Pipe (Restrained Joints) 33 11 12 LF 3167 3 16 -inch Water Carrier Pipe (D.I. w/Casing Spacers) 33 05 24 LF 530 4 16 -inch DIP Water 33 11 10 LF 157 5 16 -inch DIP Water, CSS Backfill 33 11 10 LF 52 6 16 -inch DIP Water (Restrained Joints) 33 11 10 LF 113 7 16 -inch DIP Water, CSS Backfill (Restrained Joints) 33 11 10 LF 95 8 30 -inch DIP Water Pipe 33 11 10 LF 3524 9 30 -inch DIP Water Pipe (Restrained Joints) 33 11 10 LF 710 10 30 -inch Water Carrier Pipe (D.I. w/Casing Spacers) 33 05 24 LF 222 11 8 -inch PVC Water Pie 33 11 12 LF 1088 $62.00 $82.00 12 8 -inch DIP Water Pipe, CSS Backfill 33 11 10 LF 51 $4,182.00 13 30 -inch Casin Pipe By Open Cut 33 05 22 LF 530 $440.00 $233,200.00 14 48 -inch Casing Pipe By en Cut 33 05 22 LF 222 $740.00 $14,500.00 $164,280.00 15 Ductile Iron Fittings w/Restraint 33 11 11 TON 36 $522,000.00 16 Imported Embedment/Backfill, CSS 33 05 10 CY 995 $80.00 $79,600.00 17 16 -inch Gate Valve w/Vault 33 12 20 EA 14 $24,500.00 $343,000.00 18 30 -inch AWWA Butterfly Valve w/Vault 33 12 21 EA 3 $135,000.00 $405,000.00 19 8 -inch Gate Valve 33 12 20 EA 18 $2,500.00 $45,000.00 20 Fire Hydrant (Assembly Including 6" Valve & 6" PVC Lead Line) 33 12 40 EA 21 $7,000.00 $1.500.00 $3,500.00 $1,000.00 $147,000.00 21 16 -inch Pressure Plug 02 41 14 EA 2 $3,000.00 $3,500.00 22 30-inchPressurePlug 02 41 14 EA 1 23 4 -inch to 12 -inch Pressure Plug 02 41 14 EA 15 $15,000.00 24 Connection to Existin 30 -inch Water Main 33 12 25 EA 1 $11,500.00 $18,500.00 $32,500.00 $11,500.00 25 2 -inch Combination Air Valve Assembly for Water 33 12 30 EA 2 $37,000.00 26 4 -inch Combination Air Valve Assembly for Water 33 12 30 EA 1 $32,500.00 27 6 -inch Blow Off Valve 33 12 60 EA 2 $16,500.00 $20,500.00 $4.00 $2.00 $90,000.00 $9,500.00_$9,500.00 $3.00 $8.00 $145.00 $3.00 $7,500.00 $33,000.00 $20,500.00 28 8 -inch Blow Off Valve 33 12 60 EA 1 29 Post -CCTV Ins ection 33 01 31 LF 4456 $17,824.00 $27,872.00 $90,000.00 $46,365.00 $4,256.00 $21,315.00 $300,927.00 $7,500.00 30 Trench Safety 33 05 10 LF 13936 31 Cathodic Protection 33 04 12 LS 1 32 SWPPP ≥ 1 Acre 31 25 00 LS 1 33 Silt Fence (Install, Maintain & Remove) 31 25 00 LF 15455 34 Stabilzed Construction Entrance (Install, Maintain & Remove 32 92 13 SY 532 35 Large Stone Ri rap, Dry 31 37 00 SY 147 36 Seeding, Hydromulch 32 92 13 SY 100309 37 Utility Markers 33 05 26 LS 1 Total Unit 1 - WATER IMPROVEMENTS $5,597,537.00 Total Bid $5,597,537.00 END OF SECTION FORT WORTH, CMAYOR AND COUN L COMMUNICATION CH7.5.27 ALPHA RAN DATE: 08/11/26 SUBJECT WATER LINE OVERSIZE AGREEMENT M&C FILE NUMBER: M&C 26-0723 DEPARTMENT: WATF" (ETJ near CD 10) Authorize Execution of a Community Facilities Agreement with City Participation in an Amount Up to $3,089,287.10 and a Design Procurement Agreement with City Participation in an Amount Up to $375,151.76 with CTMTGT Alpha Ranch, LLC for the Engineering and Construction of Approximately 12,986 Linear Feet of Oversized Water Mains of Various Pipe Sizes for Anticipated Future Growth in North Fort Worth, Adopt Resolution Expressing Official Intent to Reimburse Expenditures from Proceeds of Future Debt Project, 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 $3,089,287.10 with CTMTGT Alpha Ranch, LLC for the construction of approximately 12,986 linear feet of oversized water mains of various pipe sizes for anticipated future growth in North Fort Worth; 2. Authorize execution of a Design Procurement Agreement with City participation in an amount up to $375,151.76, with CTMTGT Alpha Ranch, LLC for engineering of approximately 12,986 linear feet of oversized water mains of various pipe sizes for anticipated future growth in North Fort Worth; 3. Adopt the attached resolution expressing official intent to reimburse expenditures with proceeds of future enterprise fund debt for the Community Facilities Agreement- Alpha Ranch Pkwy & Comancheria Way project (City Project No. 106400); and 4. Adopt the attached appropriation ordinance adjusting estimated appropriations in the Water and Sewer Commercial Paper Fund in the amount of $3,903,617.00 by decreasing estimated appropriations in the Commercial Paper project (City Project No. UCMLPR) 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- Alpha Ranch Pkwy & Comancheria Way project (City Project No. 106400) and to effect a portion of Water's contribution to the Fiscal Years 2026-2030 Capital Improvements Program. 1 of 14 FORT WORTH, DISCUSSION The purpose of this Mayor and Council Communication (M&C) is to (1) authorize execution of a Community Facilities Agreement (CFA) with CTMTGT Alpha Ranch, LLC (Developer) with City participation in amount up to $3,089,287.10 and (2) authorize execution of a Design Procurement Agreement (DPA) with Developer with City participation in amount up to $375,151.76 for oversizing of the Alpha Ranch offsite water line; (3) adopt a resolution expressing official intent to reimburse expenditures with proceeds of future enterprise fund debt for the CFA- Alpha Ranch Pkwy & Comancheria Water project; and (4) 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 Alpha Ranch Parkway and Comancheria Way offsite water line project located south of Highway 114 and west of Sendera Ranch Boulevard. The Developer is required to extend the water main to serve the proposed development. The Water Department is requesting to oversize approximately 8,530 linear feet of water mains from 12 - inches to 16 -inches and 4,456 linear feet of water mains from 16 -inches to 30 -inches for anticipated future growth in the area. The Alpha Ranch Parkway and Comancheria Way's offsite water line project is assigned City Project No. 106400 and Accela System Record IPRC25-0125. 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 in accordance with the City's CFA unit price ordinance. The City's cost participation in the construction of oversizing the water main is estimated to be in an amount up to $3,089,287.10 as shown in the table below. Payments to the Developer are estimated to be an amount up to: $2,927,850.69 for construction costs, $7,259.00 for public bid advertisement costs, $6,534.03 for Infrastructure Plan Review (IPRC) fees, $117,114.03 for material testing costs and $375,151.76 for design services costs to be paid under the DPA. The City's cost participation also includes $30,529.35 to cover the City's portion of construction inspection service fees, water lab fees, and administrative material testing fees. An additional $439,177.60 in contingency funds will cover the City's portion of any change orders under the CFA. The following table shows the cost -sharing breakdown for the project between all parties: 2 of 14 FORT WORTH, Public Improvements Dev Cost City Cost Total Cost 1. Water Improvements $2,669,686.31 $2,927,850.69 $5,597,537.00 Contingency $0.00 $439,177.60 $439,177.60 A. Construction Inspection fees $19,575.00 $22,612.50 $42,187.50 B. Admin Material Testing fees $5,115.14 $5,908.86 $11,024.00 C. Water Lab fees $1,738.26 $2,007.99 $3,746.25 D. Material Testing costs $0.00 $117,114.03 $117,114.03 F. Public Bid Advertisement costs $6,283.91 $7,259.00 $13,542.91 G. IPRC Plan Review fees $5,656.33 $6,534.03 $12,190.36 Total Costs $2,708,054.95 $3,528,464.70 $6,236,519.65 Design Services Cost Sharing Breakdown CTMGT Alpha Ranch, LLC $324,758.24 City of Fort Worth Participation $375,151.76 Total Engineering Design Cost $699,910.00 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- Alpha Ranch Pkwy & Comancheria project. Funding for the CFA- Alpha Ranch Pkwy & Comancheria project is as depicted in the table below: 3 of 14 FORT WORTH, Fund Existing Additional Project Total Appropriations Appropriations W&S Commercial $0.00 $3,903,617.00 $3,903,617.00 Paper - Fund 56032 Total $0.00 $3,903,617.00 $3,903,617.00 SMALL BUSINESS (SB) GOAL: A small business goal was not required as this procurement is exempt under the small business ordinance. This project is located in the Extraterritorial Jurisdiction near Council District 10. This contract requires a Form 1295. 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 the W&S Commercial Paper Fund for the CFA -Alpha Ranch Pkwy & Comanch project to support the execution of the agreements. Prior to an expense being incurred, the Water Department has the responsibility of verifying the availability of funds. SUBMITTED FOR CITY MANAGER'S OFFICE BY: Jesica L. McEachern, # 5804 ORIGINATING BUSINESS UNIT HEAD: Christopher Harder, # 5020 ADDITIONAL INFORMATION CONTACT: Suby Varughese, # 8009 Elynn Ray, # 7856 ATTACHMENTS 1. Exhibit - Alpha Ranch Water Line Oversize [7.5.27.1 - 1 page] 2. Resolution (R3) - Alpha Ranch Water Line Oversize [7.5.27.3 - 2 pages] 3. Ordinance Appropriation (R4) - Alpha Ranch Water Line Oversize [7.5.27.4 - 2 pages] 4. CONFIDENTIAL - Form 1295 - Alpha Ranch Water Line Oversize [7.5.27.6 - 1 page] 5. CONFIDENTIAL - Form 1295 - Design Services [7.5.27.7 - 1 page] 6. CONFIDENTIAL - Project Budget Summary - Alpha Ranch Water Line Oversize [7.5.27.8 - 1 page] 7. CONFIDENTIAL - FID Table - Alpha Ranch Water Line Oversize [7.5.27.9 - 1 page] 8. CONFIDENTIAL - Funds Availability - Alpha Ranch Water Line Oversize [7.5.27.10 - 1 page] 4 of 14 >0 w HOED d O 1) S Qd O >O 23 m arr 12" Required 16" City Co 16" Required 30" City 9Q Q92s OO R�Pp 49 4 G,L 9Q s:9 JG. ' P < G fA Cf } H Z 9�e p F <1 O V O OFF 8 D o KRP CASTATE N 24" STATE HIGHWAY 114 HWY 114 LD'L 16" ROBIN w w Q J iD m z H 2 Z d VG 24" D.L.B" 16 P ci N D WILD FLOWER -O wof m OQ 0O SONGBIRD 0 P. .C. 8" P.V.C. 8.. P.V.C. n V.C. C, 8" P.V.C. > ,o a 0 9/4/2024 Exhibit A - Alpha Ranch Water FORT WORTH COPYRIGHT 2024 CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS A VIOLATION OF APPLICABLE LAWS. THIS DATA IS TO BE USED FOR A GRAPHICAL REPRESENTATION ONLY WATER TFIEACCURACY IS NOT TO BETAKEN I USED AS DATA PRODUCED FOR 5 of 14 ENGINEERING PURPOSES OR BY A REGISTERED PROFESSIONAL LAND SURVEYOR. THE CITY OF FORT WORTH ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF SAID DATA. 0 650 1,300 2,600 Feet A Resolution {INDEX -NUMBER} STATEMENT EXPRESSING OFFICIAL INTENT TO REIMBURSE EXPENDITURES WITH PROCEEDS OF FUTURE DEBT FOR THE COMMUNITY FACILITIES AGREEMENT FOR THE ALPHA RANCH PARKWAY AND COMAMCH RIA WAY PROJECT WHEREAS, the City of Fort Worth, Texas (the "City") is a home -rule municipality and political subdivision of the State of Texas; and WHEREAS, the City expects to pay expenditures in connection with the design, planning, acquisition and construction for the Community Facilities Agreement — Alpha Ranch Parkway and Comancheria Way Project (the "Project") prior to the issuance of obligations by the City in connection with the financing of the Project from available funds; and WHEREAS, the City finds, considers, and declares that the reimbursement of the City for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the City and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 of the Treasury Regulations, to reimburse itself for such payments at such time as it issues obligations to finance the Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS THAT: 1. The City reasonably expects debt, as one or more series of obligations, may be issued or incurred by the City with an aggregate maximum principal amount not to exceed $4,400,000.00 for the purpose of paying the aggregate costs of the Project. 2. All costs to be reimbursed pursuant hereto will be capital expenditures. No obligations will be issued by the City in furtherance of this Statement after a date which is later than 18 months after the later of (1) the date the expenditures are paid or (2) the date on which the property, with respect to which such expenditures were made, is placed in service. 4. This resolution shall be effective from and after its passage by the City Council. 6 of 14 Adopted this {adopted -date}. ATTEST: C Jannette S. Goodall, City Secretary 7 of 14 {INDEX -NUMBER} AN ORDINANCE ADJUSTING ESTIMATED APPROPRIATIONS IN THE WATER AND SEWER COMMERCIAL PAPER FUND IN THE AMOUNT OF $3,903,617.00 BY DECREASING ESTIMATED APPROPRIATIONS IN THE COMMERCIAL PAPER PROJECT (CITY PROJECT NO. UCMLPR) 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- ALPHA RANCH PKWY & COMANCHERIA WAY PROJECT (CITY PROJECT NO. 106400) AND TO EFFECT A PORTION OF WATER'S CONTRIBUTION TO THE FISCAL YEARS 2026-2030 CAPITAL IMPROVEMENTS PROGRAM; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS THAT: SECTION 1. The budget of the City of Fort Worth for Fiscal Year 2025-2026, as enacted by Ordinance 27979-09- 2025, as amended, is hereby further amended by adjusting estimated appropriations in the Water and Sewer Commercial Paper Fund in the amount of $3,903,617.00 by decreasing estimated appropriations in the Commercial Paper project (City Project No. UCMLPR) 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- Alpha Ranch Pkwy & Comancheria Way project (City Project No. 106400) and to effect a portion of Water's contribution to the Fiscal Years 2026-2030 Capital Improvements Program. SECTION 2. Should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall be and remain in full force and effect. SECTION 3. This ordinance shall be cumulative of Ordinance No. 27979-09-2025 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. SECTION 4. This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: Ordinance No. {INDEX-NUMBERT 8 of 14 Page Iof2 Assistant City Attorney ADOPTED: {adopted -date} EFFECTIVE: {effective -date} Jannette S. Goodall City Secretary Ordinance No. {INDEX -NUMBER} 9 of 14 Page 2 of 2 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form, and the city, state and country of the business entity's place Certificate Number: of business. CTMGT Alpha Ranch LLC 2026-1423929 Farmers Branch, TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 02/20/2026 being filed. City of Fort Worth Date Acknowledged: 3 Provide the Identification number used by the governmental entity or state agency to track or Identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. IPRC25-0125 CPN 106400 Alpha Ranch Parkway and Comancheria Way Offsite Water Line 4 I Nature of interest Name of Interested Party City, State, Country (place of business) (check aoontere al Controlling I Intermediary Moayedi, Mehrdad Farmer Branch, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Mehrdad Moayedi , and my date of birth Is 414/1961 My address is 1800 Valley View Lane, Suits 300 Farmers Branch TX 75234 USA (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Dallas Count y, State of Texas , on the 23rd day of February , 2026 (month) (year) Signature of authorized agent of contracting business entity (Declarant) orms provided by Texas Ethics Commission www.ethics.state.tx.us 10 of 14 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete NOS. 1- 4 and 6 it there are interested parties. OFFICE USE ONLY Complete Nos. 1. 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2026-1428429 CTMGT Alpha Ranch, LLC Farmers Branch, TX United States Date Filed: 03103/2026 2 Name of governmental entity or state agency that is a party tote contract for which the form is being filed, City of Fort Worth Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identity the contract, and provide a description of the services, goods, or other property to be provided under the contract. IPRC25-0125 CPN106400 Design Services Alpha Ranch Parkway and Comancheria Way Offsite Water line 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Moayedi, Mehrdad Farmer Branch, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Mehrdad Moayedi , and my date of birth is 4/4/1961 My address is 1800 Valley View Lane, Suite 300 , Farmers Branch , TX , 75234 USA (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Dallas County, State of _ Texas on the 4th day of March , 20 26 (month) (year) vR"°v ABBEY ALLEN //� Notary ID is 132394327 p ? e`° My Commission Expires f' '� March 09, 2028 Signature of authorize agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.eJiiste.tx.us Version V4.1.0.b6ef2aab 0 0 0 E E 7 Q d N m C • �+ N V � o o CL ci E ti F O C 01 Q' O O J O V 10 V v em C m O. w Ca Ca m 0 0 x w 0 0 v c m a x W A 0 F 0 CD 0 O N C 0 (-I 0 0 a w NO O) U rn c m U- 0 V V a) a, 0 a a U o2i ar C 0 0 VI H E C a) ai a) I-, C C C LL a m V Ol m ar L L a) aJ I-? x x v a) .O U, ai C a) C 0 0 ar L I - (a a.+ U N LL E E N O10 O N U � 0 O a` E H C O7 � O O J C, a a U C I. wI II LL 0 E E O V d J U O O O O O O O O O o O O 0 O 0 O O O O O O O O O O O O 0 0 O O a o 0 0 0 0 0 0 0 0 0 0 0 0 - CD r-- u, o H N H � N T u01 CD M cif O+ � n t+f N N N IOD O � N 000 tai V m N 6969 Vf, �t eA t0 Ol R r E O E 0 o O O O O O 0 0 0 0 0 0 W W N N N N N O OO O O OO o O O O w w w w w w w O O O O O o O O O O O O O O w w w w w w w C) UI CO .n 0 Cl 0 O1 O1 O1 Co m rid ai CC C s. C. bA Cyr' C C CC QI c) U -I U FORT WORTH® City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: CTMGT Alpha Ranch, LLC Subject of the Agreement: CFA M&C Approved by the Council? * Yes © 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 back page 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: If different from the approval date. Expiration Date: If applicable. Is a 1295 Form required? * Yes ❑ No 21 *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. 106400 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 0 No 0 Contracts need to be routed for CSO processing in the following order: 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.