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HomeMy WebLinkAbout066018 - Construction-Related - Contract - Forestar (USA) Real Estate Group Inc.Received Date: 10/07/2026 Received Time: 2:01 p.m. Developer and Project Information Cover Sheet: Developer Company Name Address, State, Zip Code: Phone & Email: Authorized Signatory, Title Project Name: Brief Description: Project Location: Forestar (USA) Real Estate Group Inc. 2221 E. Lamar Blvd. Suite 790 Arlington, Texas 76006 817-769-1860 1 stephenbrim@forestar.com Stephen Brim, Vice President Alpha Ranch Phase 4D & 5A Water, Sewer, Drainage, Paving, and Street Lights Improvements 6854 E HWY 114 Plat Case Number: Not provided Plat Name: Not provided District: I ETJ Phased or Concurrent Concurrent Provisions: CFA Number: 26-0083 City Project Number: 106019 1 IPRC25-0009 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Page 1 of 20 Standard Community Facilities Agreement Rev. 9/21 City Contract Number: 66018 STANDARD COMMUNITY FACILITIES AGREEMENT This COMMUNITY FACILITIES AGREEMENT ("Agreement") is made and entered into by and between the City of Fort Worth ("City"), a home -rule municipal corporation of the State of Texas, acting by and through its duly authorized Assistant City Manager, and Forestar (USA) Real Estate Group Inc. ("Developer"), a Texas limited liability company acting by and through its duly authorized representative. City and Developer are referred to herein individually as a "party" and collectively as the "parties." WHEREAS, Developer is constructing private improvements or subdividing land within the corporate limits of Fort Worth, Texas or its extraterritorial jurisdiction, for a project known as Alpha Ranch Phase 4D & 5A ("Project"); and WHEREAS, the Project is located within the Alpha Ranch Water Control and Improvement District of Denton and Wise Counties, formerly the Alpha Ranch Fresh Water Supply District No. 1 of Denton and Wise Counties ("District"); 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, 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 infrastructure by constructing the public infrastructure necessary for the Project as described in this Agreement ("Community Facilities" or "Improvements"); and OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Page 2 of 20 Standard Community Facilities Agreement Rev. 9/21 WHEREAS, as a condition of approval of the Project, Developer is required to meet the additional obligations contained in this Agreement, and Developer may be required to make dedications of land, pay fees or construction costs, or meet other obligations that are not a part of this Agreement; and WHEREAS, the City is not participating in the cost of the Improvements or Project; and WHEREAS, upon completion of construction of the water and sewer Improvements ("City Improvements") the City will accept and maintain the City Improvements; and WHEREAS, the Developer and the City desire to enter into this Agreement in connection with the collective Improvements for the Project; NOW, THEREFORE, for and in consideration of the covenants and conditions contained herein, the City and the Developer do hereby agree as follows: 1. CFA Ordinance The Community Facilities Agreements Ordinance ("CFA Ordinance"), as amended, is incorporated into this Agreement by reference, as if it was fully set out herein. Developer agrees to comply with all provisions of the CFA Ordinance in the performance of Developer's duties and obligations pursuant to this Agreement and to cause all contractors hired by Developer to comply with the CFA Ordinance in connection with the work performed by the contractors. If a conflict exists between the terms and conditions of this Agreement and the CFA Ordinance, the CFA Ordinance shall control. 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 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, 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 20 Standard Community Facilities Agreement Rev. 9/21 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 acknowledge the completion of the construction of all the Improvements, or accept the City Improvements, until the City receives affidavits and lien releases signed by Developer's contractors verifying that the contractors, and all subcontractors and material suppliers, have been paid in full for constructing the Improvements, and consent of the surety on payment and performance bonds provided for the Improvements. 5. Financial Guarantee Developer has provided the City with a financial guarantee in the form and amounts set forth in this Agreement which guarantees the construction of all of the Improvements in this Agreement and payment by Developer of all contractors, subcontractors, and material suppliers for the Improvements ("Financial Guarantee"), as required by the Development Agreement. 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 acknowledgment of the construction of the Improvements, and City's acceptance of the City 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 acknowledged by the City, and the City Improvements accepted by the City. (b) The City may utilize the Developer's Financial Guarantee to cause the completion of the construction of the Improvements or to cause the payment of costs for construction of the Improvements before the expiration of the Term, and any Extension Period, if the Developer breaches this Agreement, becomes insolvent, or fails to pay costs of construction. City of Fort Worth, Texas Page 4 of 20 Standard Community Facilities Agreement Rev. 9/21 (c) The City may elect not to utilize the Developer's Financial Guarantee to cause the completion of the construction of the Improvements or payment of the costs for construction, and may instead enforce its rights under this Agreement through all available means at law and in equity. (d) Nothing contained herein is intended to limit the Developer's obligations under the CFA Ordinance, this Agreement, the Financial Guarantee, Developer's agreements with Developer's contractors, or other related agreements. 8. Termination If Developer desires to terminate this Agreement before Developer's contractors begin constructing the Improvements, Developer agrees to the following: (a) that Developer and City must execute a termination of this Agreement in writing; (b) that Developer will vacate any final plats that have been filed with the county where the Project is located; and (c) to pay to the City all costs incurred by the City in connection with this Agreement, including time spent by the City's inspectors at preconstruction meetings. 9. Award of Construction Contracts (a) Developer will award all contracts for the construction of the Improvements and cause the Improvements to be constructed in accordance with the CFA Ordinance. (b) Developer will employ construction contractors who meet the requirements of the City to construct the Improvements including, but not limited, to being prequalified, insured, licensed and bonded to construct the Improvements in the City. (c) Developer will require Developer's contractors to provide the City with payment and performance bonds naming the City and the Developer as dual obligees, in the amount of one hundred percent (100%) of the cost of the Improvements as required by the CFA Ordinance. The payment and performance bonds shall guarantee construction of the Improvements and payment of all subcontractors and material suppliers. Developer agrees to require Developer's contractors to provide the City with a maintenance bond naming the City as an obligee, in the amount of one hundred percent (100%) of the cost of the Improvements, that guarantees correction of defects in materials and workmanship for the Improvements by the contractor and surety for a period of two (2) years after completion and final acceptance of the Improvements by the City. All bonds must be provided to the City before construction begins and must meet the requirements of the City's Standard Conditions, Chapter 2253 of the Texas Government Code, and the Texas Insurance Code. (d) Developer will require Developer's contractors to provide the City with insurance equal to or in excess of the amounts required by the City's standard specifications and contract documents for developer -awarded infrastructure construction contracts. The City must be named as an additional insured on all insurance policies. The Developer must provide the City with a Certificate of City of Fort Worth, Texas Page 5 of 20 Standard Community Facilities Agreement Rev. 9/21 Insurance (ACORD or form approved by the State of Texas), supplied by each contractor's insurance provider, which shall be made a part of the Project Manual. (e) Developer will require the Developer's contractors to give forty-eight (48) hours' advance notice of their intent to commence construction of the Improvements to the City's Construction Services Division so that City inspection personnel will be available. Developer will require Developer's contractors to allow construction of the Improvements to be subject to inspection at any and all times by the City's inspectors. Developer will require Developer's contractors to not install or relocate any sanitary sewer, storm drain, or water pipe unless a City inspector is present and gives consent to proceed, and to allow such laboratory tests as may be required by the City. (f) Developer will not allow Developer's contractors to begin construction of the Improvements until a notice to proceed to construction is issued by the City. (g) Developer will not allow Developer's contractors to connect buildings to service lines of sewer and water mains constructed pursuant to this Agreement, if any, until said sewer, water mains and service lines have been completed to the satisfaction of the City. 10. Utilities Developer shall cause the installation or adjustment of utilities required to: (1) serve the Project; and (2) to construct the Improvements required herein. City shall not be responsible for payment of any costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with any of the Improvements to be constructed pursuant to this Agreement. 11. Easements and Rights -of -Way Developer agrees to provide, at its expense, all necessary rights -of -way and easements required for the construction and dedication to the City of the Improvements provided for by this Agreement. 12. Liability and Indemnification (a) DEVELOPER HEREBY RELEASES AND AGREES TO INDEMNIFY, DEFEND AND HOLD THE CITY HARMLESS FOR ANY INADEQUACIES IN THE PRELIMINARY PLANS, SPECIFICATIONS, ENGINEERING PLANS, AND COST ESTIMATES SUPPLIED BY THE DEVELOPER FOR THIS AGREEMENT. (b) THE DEVELOPER COVENANTS AND AGREES TO, AND BY THESE PRESENTS DOES HEREBY FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM ALL SUITS, ACTIONS OR CLAIMS OF ANY CHARACTER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ONA CCOUNT OFANYINJURIES OR DAMA GES SUSTAINED BYANYPERSONS, INCLUDING DEA TH, 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 City of Fort Worth, Texas Page 6 of 20 Standard Community Facilities Agreement Rev. 9/21 PROPERLY SAFEGUARD THE WORK, OR ON ACCOUNT OF ANYACT, 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 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 CA USED 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 water and sewer 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; Inspection and Testing 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 and sewer 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 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 Improvement 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 City of Fort Worth, Texas Page 7 of 20 Standard Community Facilities Agreement Rev. 9/21 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 and sewer 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 and sewer 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. Water and Sewer Material Testing Fees and Reports The City maintains a list of pre -approved material testing laboratories. For water and sewer Improvements 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 water or sewer 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 any water or sewer Improvements. City of Fort Worth, Texas Page 8 of 20 Standard Community Facilities Agreement Rev. 9/21 16. Notices All notices required or permitted under this Agreement may be given to a party by hand - delivery or by mail, addressed to such party at the address stated below. Any notice so given shall be deemed to have been received when deposited in the United States mail so addressed with postage prepaid: CITY: Development Services Contract Management Office City of Fort Worth 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: Forestar (USA) Real Estate Group Inc. 2221 E. Lamar Blvd. Suite 790 Arlington, Texas 76006 Or to such other address one party may hereafter designate by notice in writing addressed and mailed or delivered to the other party hereto. 17. Right to Audit Developer agrees that, until the expiration of three (3) years after acceptance by the City of the Improvements constructed pursuant to this Agreement, that the City shall have access to and the right to examine any directly pertinent books, documents, papers and records of the Developer involving transactions relating to this Agreement. Developer agrees that the City shall have access during normal working hours to all necessary Developer facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Developer reasonable advance notice of intended audits. Developer further agrees to include in all contracts with Developer's contractors for the Improvements a provision to the effect that the contractor agrees that the City shall, until the expiration of three (3) years after final payment under the contract, have access to and the right to examine any directly pertinent books, documents, papers and records of such contractor, involving transactions to the contract, and further, that City shall have access during normal working hours to all of the contractor's facilities, and City of Fort Worth, Texas Page 9 of 20 Standard Community Facilities Agreement Rev. 9/21 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. 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. City of Fort Worth, Texas Page 10 of 20 Standard Community Facilities Agreement Rev. 9/21 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 the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. City of Fort Worth, Texas Page 11 of 20 Standard Community Facilities Agreement Rev. 9/21 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. Immigration and Nationality Act Developer shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Developer shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Developer shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Developer employee who is not legally eligible to perform such services. DEVELOPER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY DEVELOPER, DEVELOPER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Developer, shall have the right to immediately terminate this Agreement for violations of this provision by Developer. 29. Amendment No amendment, modification, or alteration of the terms of this Agreement shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by the City and Developer. 30. Assignment and Successors Developer shall not assign or subcontract all or any part of its rights, privileges, or duties under this Agreement without the prior written consent of City. Any attempted assignment or subcontract without the City's prior written approval shall be void and constitute a breach of this Agreement. City of Fort Worth, Texas Page 12 of 20 Standard Community Facilities Agreement Rev. 9/21 31. No Third -Party Beneficiaries The provisions and conditions of this Agreement are solely for the benefit of the City and Developer, and any lawful assign or successor of Developer, and are not intended to create any rights, contractual or otherwise, to any other person or entity. 32. Compliance with Laws, Ordinances, Rules and Regulations Developer, its officers, agents, servants, employees, and contractors, shall abide by and comply with all laws, federal, state and local, including all ordinances, rules and regulations of City. It is agreed and understood that, if City calls to the attention of Developer any such violation on the part of Developer or any of its officers, agents, servants, employees, or subcontractors, then Developer shall immediately desist from and correct such violation. 33. Signature Authority The person signing this Agreement on behalf of Developer warrants that he or she has the legal authority to execute this Agreement on behalf of the Developer, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The City is fully entitled to rely on this warranty and representation in entering into this Agreement. 34. Counterparts This Agreement may be executed in multiple counterparts, each of which will be deemed an original, but which together will constitute one instrument. 35. Entire Agreement This written instrument, together with any attachments, exhibits, and appendices, constitutes the entire understanding between the City and Developer concerning the work to be performed hereunder, and any prior or contemporaneous, oral or written agreement that purports to vary from the terms hereof shall be void. [REMAINDER OF PAGE INTENTIONALLY BLANK] City of Fort Worth, Texas Page 13 of 20 Standard Community Facilities Agreement Rev. 9/21 36. Cost Summary Sheet Project Name: Alpha Ranch Phase 4D & 5A CFA No.: 26-0083 City Project No.: 106019 IPRC No.: 25-0009 Items Developer's Cost A. Water and Sewer Construction 1. Water Construction ` $ 691,854.00 2. Sewer Construction $ 742,544.00 Water and Sewer Construction Total $ 1,434,398.00 B. TPW Construction 1. Street $ 1,369,111.20 2. Storm Drain $ 1,061,378.00 3. Street Lights Installed by Developer $ 317,714.00 4. Stripping $ - TPW Construction Cost Total $ 2,748,203.20 Total Construction Cost (excluding the fees): $ 4,182,601.20 Estimated Construction Fees: C. Construction Inspection Service Fee $82,350.00 D. Administrative Material Testing Service Fee $19,870.76 E. Water Testing Lab Fee $1,113.75 Total Estimated Construction Fees: $ 103,334.51 Financial Guarantee Development Bond= 100% $ 4,182,601.20 *Note: Only Water & Sewer Construction is required to be inspected by City City of Fort Worth, Texas Page 14 of 20 Standard Community Facilities Agreement Rev. 9/21 IN WITNESS WHEREOF, the City and Developer have each executed this Agreement by their duly authorized signatories to be effective on the date executed by the City's Assistant City Manager. CITY OF FORT WORTH Jesica McEachern Assistant City Manager Date: 10/06/2026 Recommended by: Leonel Rios Sr. Contract Compliance Specialist Development Services Approved as to Form & Legality: Jessika Williams Assistant City Attorney M&C No.: N/A Date: 09/29/2026 Form 1295: N/A 4 Bann A !ORT ATTEST: o s` =o P i da �$� a°Qu,zas44 Jannette S. Goodall City Secretary City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 DEVELOPER Forestar (USA) Real Estate Group Inc. Stephen Brim (Sep 29, 2026 10:52:52 CDT) Stephen Brim Vice President Date: 09/29/2026 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 Page 15 of 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 z Exhibit C: Paving Improvements ❑X Exhibit D: Storm Drain Improvements © Exhibit E: Street Light & Sign Improvements ❑x Cost Estimates (Remainder of Page Intentionally Left Blank) City of Fort Worth, Texas Page 16 of 20 Standard Community Facilities Agreement Rev. 9/21 F-11 "T�' i ► I liiiiF� Changes to Standard Community Facilities Agreement City Project No. 106019 Negotiated changes are contained in the body of the Agreement. City of Fort Worth, Texas Page 17 of 20 Standard Community Facilities Agreement Rev. 9/21 ATTACHMENT "3" Concurrent CFA Provision City Project No. 106019 The improvements being constructed by Developer pursuant to this Agreement will connect to improvements being constructed by CTMGT Alpha Ranch, LLC under separate Community Facilities Agreements, City Secretary Contract No. 64812 and 64974 (Hereinafter the "Separate CFA"). Developer has requested and the City has agreed to allow Developer to begin the construction of the improvements contained in this Agreement before the improvements being constructed under City Secretary Contract No. 64812 and 64974 are completed and accepted by the City. Therefore, this Agreement shall be considered a "Concurrent CFA" and the provision contained in this Attachment shall apply to this Agreement. The improvements being constructed under the Separate CFA shall be defined as the "Primary Project." The improvements being constructed by Developer under this Agreement shall be defined as the "Secondary Project." Developer acknowledges and agrees that due to Developer's election to construct a Concurrent CFA, the potential exists for technical, delivery, acceptance or performance problems (hereinafter "Construction Problems"). Construction Problems may include, but are not limited to: failure of the improvements to comply with the approved plans or City Specifications; failure of the improvements in the Primary Project and the Secondary Project to properly connect to each other; changes to the design or construction of the improvements in the Primary Project that impact the design and construction of the improvements in the Secondary Project; construction delays, delay claims, or claims for liquidated damages; increased costs for the Developer or the developer of the Primary Project; failure of the improvements to pass inspection or material testing; or rejection by the City of some or all of the improvements and Developer or the developer of the Primary Project having to remove and reconstruct the improvements at the expense of Developer, developer of the Primary Project, or both. In addition, Developer understands and agrees that disputes may arise between the contractors or subcontractors for the Primary Project and the contractors or subcontractors for the Secondary Project relating to responsibility for the Construction Problems. Developer shall be solely responsible for resolving disputes between contractors, disputes between contractors and subcontractors and disputes between Developer and the developer of the Primary Project. Developer acknowledges and certifies that Developer has entered into a written agreement with the developer of the Primary Project and said agreement: (1) provides Developer with any access needed through property owned by the developer of the Primary Project; (2) that Developer and the developer of the Primary Project shall resolve all disputes regarding the design and City of Fort Worth, Texas Page 18 of 20 Standard Community Facilities Agreement Rev. 9/21 construction of the Primary Project and the Secondary Project; and (3) the developer of the Primary Project will notify Developer of any all changes to the design or construction of the improvements in the Primary Project, including any field changes. Developer further acknowledges and agrees that Developer has notified all of Developer's contractors for the Project that Developer has elected to construct a Concurrent CFA, the provisions of this Attachment, the risks associated with a Concurrent CFA, and that the City shall not bear any responsibility for construction of the improvements or Developer's decision to proceed with a Concurrent CFA. Developer shall not make the final connection of the improvements in the Secondary Project to the improvements in the Primary Project until the improvements in the Primary Project have been constructed and accepted by the City and the City has consented to Developer making the connection. Developer agrees that if this Agreement is for improvements relating to the construction, renovation or modification of one or more single family residential homes or structures, the City will not record the plat related to the Project until the improvements are constructed and accepted by the City. Developer agrees that if this Agreement is for improvements relating to the construction, renovation or modification of one or more commercial buildings or structures, the Developer shall not receive a Certificate of Occupancy from the City for the building(s) related to the Project until the improvements in this Agreement are constructed and accepted by the City. Developer further understands and agrees that completion of the improvements under this Agreement does not entitle Developer to obtain a final plat of the property until all other requirements of Federal law, State law, or the City Code relating to the filing and recording of a final plat have been met by Developer. BY CHOOSING TO CONSTRUCT A CONCURRENT CFA, DEVELOPER ASSUMES ALL RISKS AND DEVELOPER SHALL BE LIABLE AND RESPONSIBLE FOR ANYANDALL DAMAGES, INCLUDINGBUTNOTLIMITED TO, ANYANDALL ECONOMICDAMAGES, PROPERTYLOSS, PROPERTYDAMAGESANDPERSONAL INJURY (INCLUDING DEATH), OFANY KIND OR CHARA CTER, WHETHER REAL OR ASSERTED. DEVELOPER HEREBYEXPRESSLYRELEASESAND DISCHARGES CITY FROM ANY AND ALL LIABILITY FOR DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL ECONOMIC DAMAGES, PROPERTY LOSS, PROPERTY DAMAGE AND PERSONAL INJURY (INCLUDING DEATH) ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION OF THE IMPROVEMENTS OR DEVELOPER'S DECISION TO CONSTRUCT A CONCURRENT CFA. DEVELOPER, AT ITS SOLE COST AND EXPENSE, AGREES TOAND DOES HEREBYINDEMNIFY, DEFEND, PROTECT, AND HOLD HARMLESS CITY, AND CITY'S OFFICERS, REPRESENTATIVES, AGENTS, EMPLOYEES, AM) SERVANTSFOR, FROMAND A GAINSTANYAND ALL CLAIMS City of Fort Worth, Texas Page 19 of 20 Standard Community Facilities Agreement Rev. 9/21 (WHETHER AT LA W OR INEQUITY), LIABILITIES, DAMAGES (INCLUDING ANY AND ALL ECONOMIC DAMAGES, PROPERTY LOSS, PROPERTY DAMAGES AND PERSONAL INJURIES INCLUDING DEATH), LOSSES, LIENS, CAUSES OFACTION, SUITS, JUDGMENTSAND EXPENSES (INCLUDING, BUT NOT LIMITED TO, COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION), OF ANY NA TURE, KIND OR DESCRIPTION ARISING OR ALLEGED TO ARISE BY OR IN ANY WAY RELEATED TO CONSTRUCTION OF THE IMPROVEMENTS OR DEVELOPER'S CHOICE TO CONSTRUCT A CONCURRENT CFA, OR (2) BY REASON OF ANY OTHER CLAIM WHATSOEVER OF ANY PERSON OR PARTY OCCASIONED OR ALLEGED TO BE OCCASIONED IN WHOLE OR INPART BY THE CONSTRUCTION OF THE IMPROVEMENTS OR DEVELOPER'S CHOICE TO CONSTRUCT A CONCURRENT CFA, WHETHER OR NOT SUCH INJURIES, DEATH OR DAMAGES ARE CA USED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OFFORT WORTH, ITS OFFICERS, SERVANTS, OR EMPLOYEES. By signing below, Developer certifies that all statements contained in this Attachment "3" Concurrent CFA Provision are true and correct. DEVELOPER: Forestar (USA) Real Estate Group Inc. Stephen Brim (Sep 29, 2026 10:52:52 CDT) Stephen Brim Vice President Date: 09/29/2026 City of Fort Worth, Texas Page 20 of 20 Standard Community Facilities Agreement Rev. 9/21 1!q!gx3 deal uopeao1\VJ3\O£O u61sa0 a;IS\IHa 99 0 4 asegd 0S'£09.900\GCO u6!saG a1!S\OMa\OHO 90\Oo'£09I.SOOGN aHAVaNHfOo0 q cfl 6 O N � U Z r d U z J o z N-1 _ WONI1HOIN m z 0 NI 213192JVM Ol C) N o < Q < co "Q Jzzc (I) ail 3NII AiNf10a S Z< Q . �aZO? a0�� 0 Z < °< Oza Cl) U LL O JM a0 J U a J z a_ 0 a 0 X U ~ b� U UJa O` U 8 Wd 0Z:V 9Z0Z/6t/6:aw!I/alea l°ld y I!q!x3 ialep/,\VJO\0£0 u61sa0 91 S\IHO S 9 0 4 9segd OS'£091S00\0£0 u6!se0 aI!S\DMO\GVO 90100£091S00GN U z W - z X W 0 O = Omu / 1! / ��w f/ UL to O T >✓ N eoi.ieo oz _ N133a15 W Ii0TLJflhJ}fHE -�-0 _ -- O K m rILEJiEh1iJi �-- z n/ W o LL w C) 1 w � W�_—II�' ' I III LWJI I_ I iI ' Z 1HJFFR E ft 'LEY 3133a1S - �' x � (n Z w O F W I I z LXI.I J I , I z w z O Q d N z Q LC) ' n < w U�Wox IW �I - m I // 0 ry UcomOu O oo ®- co¢o a.O avow N-19VHS W > a w 0 H o o J > No 8 N- -1z I WOF .m ti w0Uz�Z0 Z Q 0 0(D LL C Wd 7ZZ 9Z0Z/6/G:ew!1/alea lold g l!q!gx3 JNMNS\VdO\O£O a6!saO 91S\IHO S 9 O 4 asegd 0S'£09LS00\O6O u6!saO al!S\DMO\GVO 90100'£09LS00GN W' W C/) W U) W w O �� ¢w w Q O w Z'n w0 w (D>� N CO J W H I w D >-z Q Up O�i�, WCnCO p W U) ZIQ_ox ZZw� t/) OQ z �W U wW ___ w �U�UIi W W _j j Z 0 0 Q W QJz<<z �I z- N � II I II 1 W z w I 1 Of z Q Q z U - I �----" U)- I (I) < w nI n II z cn K ^ IIjN 1 w w w w ' w J ' 0 J33als - — -- - ,I IiHfo Z *k I Wes- I3a1s - - -1:r#E I -i IUZU� 1 = III— C Q ;jiiiJ 0 133a1s wl y m ' x I z� w I U) U Q z,, Q u) O_ Q 2 = s OVON NNSVNO �I a a W w 11 w X o 6� 0 o H p 00 w W LL=No U) g) 1 Q> WO z�z00 � O 0 0 L6 o U r Z � a C.) `()oH 06 � m w a W ° = o� U �a Q W aW J vJ g w Vf C d v 3 Wd 00P 9ZOZ/ZL/0:aw!1/ale0lold 3 1!q!gx3 6u!Aed\yd3\063 u6!s90 91!S\IH0 S 9 0 4 9segd OS'£0919OO\0€3 u6!s90 91!S\JM0\0V0 90\OO'£O91S00KN Z W m W m Z o X Q II Q V II CA �� O 1 O O 1i33ais — — N - U W� N 133x15 i / UJ = W W J l n- = ILHLL G a I —W D Z O o0 d 113315 F p c w c G 1<^ a LiT NE > Q = N 06 _E_[1 cLd oH — Y Y W 133a1s W W W W a N ItL:I:, :[+ffI"—_ a 0133a1s - m I I ry LL O O LL E w d (n (n d W v 1, 1 a_ W lY m = 3 W U � o Z o = EEH 1 R z D a = 3133a1s __ c - 133a1s \ 1 I - 2 U O I Q $ x x U) f/ a a 4aw as as $ I 1 u 1 p Q O o O W ' LL 1 = N o w oviLo ZN w0H� l`cI') O ti W2oX W O_ z z oo zO>2 J >z O X 0 UdULL > IO = Q O C)o (D LL a- W Wd 9Z:Z 9ZOZ/6/4 0W!jJOleI 101d O j!q!gx3 u!ea0 WJO S\Vd3\O£O u6!SaO al!S\IHO S 9 O 4 asegd 0S£091500\0£o u6!Se0 al!S\DMO\OVO 90\00£091S00GN O LO F o 0 I J — IIU p Il8 o I � U y S `-m U r rc`��z N133a1S - 1 rr 0 0 1 1133a1S ` ` ' O O U R ' I- v � ¢ m om J o d ^ 1 Ia lyl o A � O 133a1S - - � m ' ^U �� m, l _ K �< y N I W Z m w3133x15 in - 1 1 m-� y` I I 1 3 I I 1 1 m litter I Z Q W 1 IN I �cn U Q ry ¢ 1 w l d a I < a-°- 1 $ 1 - -- Q -- _ Q ch OVoa N3eVaJ I W I- _________-- O H w '0) jaEco >z=1- o I M O Q oo • wOz Z0D 0Oouau °� o, O O O Lo o N r U z a a (.) 0 < MrM 06 W a = W = z �m a F N K } I< 3� < CQ o 2 a a � g VI c 3 Wd 90:£ 9Z0ZPo t/L :aw!y/ele4 1°!d 3 1lglgx3 su61S g lg611 laa4S\Vd0\0£0 u61sa0 91 S\IH0 S 9 0 4 asegd 0S'£091S00\060 u61se0 al!S\DM0\0H0 90\00£091S00M = O wZcl w ( LLQa ii o O I� Ur 17Lt11Jru1iH- ry - , ~—I 1i33ais w 1If ¢ I I "T' w F < w X w W W o J 33a1S v/ o �I I —. � W W Q Z w x II J O O Q C7 a i33als U I I s ' m m p w 1I LfL� �133a1S ICI ' "D I VI N I I Z = I W Z I 2 2 l m I - C Q cn m O Q a I O <M Tp W GVMJ N99VNO 0 W X o rn >ZZHr 8 WOF .m • w O z -.OD z2,—I_I O O 0 o u u Wd ££Z 9Z0Z/6/':eWly/ele4 told 00 42 43 OAP - BID PROPOSAL Page 1 of 1 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application UNIT III: PAVING IMPROVEMENTS 1 3213.0101 6" Conc Pvmt 32 13 13 SY 21096 $46.15 $973,580.40 2 3211.0501 6" Lime Treatment 32 11 29 SY 22551 $4.90 $110,499.90 3 3211.04 Hydrated Lime 3211 29 TN 406 $303.00 $123,018.00 4 3213.0501 Barrier Free Ramp, Type R-1 32 1320 EA 4 $3,000.00 $12,000.00 5 3213.0506 Barrier Free Ramp, Type P-1 32 13 20 EA 18 $2,600.00 $46,800.00 6 9999.0004 Barrier Free Ramp, Type P-1 (10' Wide) 32 1320 EA 2 $3,400.00 $6,800.00 7 9999.0006 Connect to Existing Pvmt 00 00 00 EA 2 $450.00 $900.00 8 9999.0020 End of Road Barricade 00 00 00 EA 4 $1,760.00 $7,040.00 9 0241.1300 Remove Conc Curb&Gutter 02 41 15 LF 168 $25.00 $4,200.00 10 3213.0301 4" Conc Sidewalk 32 13 20 SF 10778 $6.80 $73,290.40 11 0241.0100 Remove Sidewalk 02 41 13 SF 1155 $1.50 $1,732.50 12 3441.4006 Install Alum Sign Ground Mount 3441 30 EA 11 $550.00 $6,050.00 13 3305.0107 Manhole Adjustment, Minor 3305 14 EA 8 $400.00 $3,200.00 TOTAL UNIT III: PAVING IMPROVEMENTS $1,369,111.20 Bid Summary UNIT I: WATER IMPROVEMENTS UNIT II: SANITARY SEWER IMPROVEMENTS UNIT III: PAVING IMPROVEMENTS $1,369,111.20 UNIT IV: STORM DRAIN IMPROVEMENTS UNIT V: STREET LIGHTING IMPROVEMENTS Total Construction Bid $1,369,111.20 This Bid is submitted by the entity named below: BIDDER: GLENN THURMAN, INC. BY: CHIW .I I P.O. BOX 850842 MESQUITE, TEXAS 75185 TITLE: VICE !'L :.:,171.\'!' DATE: 8/12/2026 Contractor agrees to complete WORK for FINAL ACCEPTANCE within 5" calendar days after the date when the CONTRACT commences to run as provided in the General Conditions. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version September 1, 2015 Alpha Ranch 4D 5A rebid 00 42 43 DAP- BID PROPOSAL Page 1 of 1 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Project Item Information Bidder's Proposal Bidlist Item Description Specification Unit of Bid Unit Price Bid Value No. Section No. Measure Quantity UNIT V: STREET LIGHTING IMPROVEMENTS 1 9999.0013 2" CONDT PVC SCH 80 (T) 260533 EA 2600 5D 33.O 2 9999.0014 Furnish/Install LED Lighting Fixture (70 Watt 34 41 20 EA 32 3 3441.3301 Rdwy Ilium Foundation TY 1,2, and 4 3441 20 EA 32 a,ea•°O b°1 4 9999.0015 Furnishllnstall Rdway Ilium TY 11 Pole 3541 20 EA 32 -1,(0O 1L4� 5 9999.0016 Furnish/Install Type 33B Arm 3641 20 EA 32So�S� 6 3441.141 NO 10 Insulated Elec Condr 3441 10 LF 7800. TOTAL UNIT V: STREET LIGHTING IMPROVEMENTS 4# e3IrlI q 1 q. Oo Bid Summ UNIT II: SANITARY SEWER IMPROVEMENTS UNIT III: PAVING IMPROVEMENTS UNIT IV: STORM DRAIN IMPROVEMENTS UNIT V: STREET LIGHTING IMPROVEMENTS . 3 t1 '114 Q) Total Construction Bid "\ .1( F) (� This Bid is submitted by the entity named below: BIDDER: yeta.'° CDabtC1ldL D^) BY: (�I,,DWNte S)Ii,A /flt, -r It 1'tgA)sk �/ l� 7&6" 3 DATE: 81 �ala� Contractor agrees to complete WORK for FINAL ACCEPTANCE within calendar days after the date when the CONTRACT commences to run as provided in the General Conditions. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version September 1. 2015 Bid Farm - Excel Formal 00 42 43 DAP - BID PROPOSAL Page 1 of 2 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Description Specification Unit of Bid Unit Price Bid Value No. Section No Measure Quantity UNIT I: WATER IMPROVEMENTS 1 3311.0241 8" Water Pipe 33 11 12 LF 5401 $41.00 $221,441.00 2 3311.0251 8" DIP Water 33 1110 LF 726 $61.00 $44,286.00 3 3312.3003 8" Gate Valve 33 12 20 EA 14 $2,650.00 $37,100.00 4 3312.0001 Fire Hydrant 33 1240 EA 6 $7,300.00 $43,800.00 5 3312.0117 Connection to Existing 4"-12" Water Main 33 12 25 EA 2 $2,700.00 $5,400.00 6 3312.2003 1" Water Service 33 12 10 EA 147 $1,500.00 $220,500.00 7 3311.0001 Ductile Iron Water Fittings w/ Restraint 33 1111 TON 6.2 $12,500.00 $77,500.00 8 3305.0109 Trench Safety 3305 10 LF 6127 $1.00 $6,127.00 9 0241.1118 4"-12" Pressure Plug 0241 14 EA 5 $600.00 $3,000.00 10 3312.2203 2" Water Service 33 12 10 EA 1 $3,700-00 $3,700.00 11 9999.0001 Automatic Flushing Device 00 00 00 EA 1 $11,500.00 $11,500.00 12 3305.1003 20" Casing By Open Cut 33 0522 LF 100 $175.00 $17,500.00 TOTAL UNIT I: WATER IMPROVEMENTS $691,854.00 UNIT II: SANITARY SEWER IMPROVEMENTS 13 3331.4115 8" Sewer Pipe 33 31 20 LF 4082 $55.00 $224,510.00 14 3331.4119 8" DIP Sewer Pipe 33 11 10 LF 75 $120.00 $9,000.00 15 3331.4208 12" Sewer Pipe 33 11 10, 33 LF 431 $70.00 $30,170.00 16 3331.4212 12" DIP Sewer Pipe 33 11 10 LF 318 $145.00 $46,110.00 17 3339.1001 4' Manhole 33 39 20 EA 22 $5,800.00 $127,600.00 18 3339.1003 4' Extra Depth Manhole 33 39 10, 33 VF 120 $275.00 $33,000.00 19 9999.0019 4' Manhole, Flat Top w/ Hinged Lid 00 00 00 EA 1 $5,750.00 $5,750.00 20 9999.0018 4' Drop Manhole, Flat Top 00 00 00 EA 1 $20,000.00 $20,000.00 21 3339.0001 Epoxy Manhole Liner 33 39 60 VF 14 $340.00 $4,760.00 22 9999.0002 CSS Encasement 00 00 00 LF 240 $40.00 $9,600.00 23 9999.0003 Connect to Existing Sanitary Sewer 00 00 00 EA 3 $2,700.00 $8,100.00 24 3331.3101 4" Sewer Service 3331 50 EA 147 $1,100.00 $161,700.00 25 3331.3201 6" Sewer Service 33 31 50 EA 1 $1,900.00 $1,900.00 26 3305.1003 20" Casing By Open Cut 33 05 22 LF 47 $200.00 $9,400.00 27 0241.2103 8" Sewer Abandonment Plug 02 41 14 EA 1 $190.00 $190.00 28 3305.0109 Trench Safety 3305 10 LF 4906 $1.00 $4,906.00 29 3301.0002 Post -CCTV Inspection 33 01 31 LF 9812 $4.00 $39,248.00 30 3301.0101 Manhole Vacuum Testing 33 01 30 EA 24 $275.00 $6,600.00 TOTAL UNIT II: SANITARY SEWER IMPROVEMENTS $742,544.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version September 1, 2015 Addendum 2- Excel Bid Form 00 42 43 DAP - BID PROPOSAL Page 2 of 2 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application UNIT IV: STORM DRAIN IMPROVEMENTS 31 13341.0201 21" RCP, Class III 3341 10 LF 380 $72.00 $27,360.00 32 3341.0205 24" RCP, Class III 33 41 10 _ LF 653 $82.00 $53,546.00 LF 33 3341.0302 30" RCP, Class III 33 41 10 418 $103.00 $43,054.00 34 3341.0309 36" RCP, Class III 33 41 10 LF _ 1228 $135.00 $165,780.00 35 3341.0402 42" RCP, Class III 3341 10 _ LF 88 $182.00 $16,016.00 36 3341.0409 48" RCP, Class III 3341 10 LF 314 $225.00 $70,650.00 37 3341.0502 54" RCP, Class III 33 41 10 LF 458 $285.00 $130,530.00 38 3341.0503 54" RCP, Class IV 3341 10 LF 514 $375.00 $192,750.00 39 3341.1202 5x4 Box Culvert 33 41 10 LF 27 $400.00 $10.800.00 40 9999.0021 30" PP Storm Pipe 33 41 13 LF 408 $83.00 $33,864.00 41 3349.0001 4' Storm Junction Box 3349 10 EA 9 $4,500.00 $40,500.00 42 3349.0002 5' Storm Junction Box 33 49 10 EA 2 $5,600.00 $11,200.00 43 3349.0003 6' Storm Junction Box 3349 10 EA 5 $6,400.00 - $32,000.00 44 3349.5001 10' Curb Inlet 33 49 20 EA 21 $6,100.00 $128,100.00 45 3349.7002 5' Drop Inlet 3349 20 EA 2 $7,500.00 $15,000.00 46 9999.0007 24" Sloped End Headwall 00 00 00 EA 2 $2,800.00 $5,600.00 47 9999.0008 36" Sloped End Headwall 00 00 00 EA 3 $7,200.00 $21,600.00 48 9999.0023 48" Sloped End Headwall 00 00 00 EA 1 $11,300.00 $11,300.00 49 9999.0009 54" Sloped End Headwall 00 00 00 EA 1 $9,000,0O $9,000.00 5O 9999.0022 5'x4' Headwall 00 0000 EA 1 $12,300.0O $12,300.00 51 3137.0102 Large Stone Riprap, dry 31 3700 SY 206 $110.00 $22,660.00 52 0241.3104 24" Storm Abandonment Plug 0241 14 EA 2 $390.00 $780.00 53 3305.0109 Trench Safety 33 05 10 LF 4488 $1.00 $4,488.00 54 9999.0011 Connect to Existing 5'x4' RCB 00 00 00 EA 1 $2,500.00 $2,500.00 TOTAL UNIT IV: STORM DRAIN IMPROVEMENTS $1,061,378.00 Bid Summary UNIT I: WATER IMPROVEMENTS $691,854.00 UNIT II: SANITARY SEWER IMPROVEMENTS $742,544.00 UNIT III: PAVING IMPROVEMENTS UNIT IV: STORM DRAIN IMPROVEMENTS $1,061,378.00 UNIT V: STREET LIGHTING IMPROVEMENTS Total Construction Bid $2,495,776.00 This Bid is submitted by the entity named below: BIDDER: k��3 ratr.l3�r`� L\ -C BY: LL, -L `' i._ TITLE Gs7j DATE: Contractor agrees to complete WORK for FINAL ACCEPTANCE within calendar days after the date when the CONTRACT commences to run as provided in the General Conditions. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version September 1, 2015 Addendum 2 -Excel Bid Form FORT WORTH® City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Forestar (USA) Real Estate Group Inc. Subject of the Agreement: CFA M&C Approved by the Council? * Yes ❑ No II 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. 106019 *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.