HomeMy WebLinkAboutContract 55695Received Date:05/11/2021
Received Time: 1:02 pm
Developer and Pro ject Information Cover Sheet:
Developer Company Name: McCarthy Capital, LLC
Address, State, Zip Code: 9555 Harmon Rd. Fort Worth, TX, 76177
Phone & Email: 817-939-0786, daniel(cr�,musicbed.com
Authorized Signatory, Title: Daniel McCarthy, Owner
Project Name: McCarthy Harmon Phase 1
Brief Description: Water, Sewer
Project Location:
Plat Case Number:
Mapsco:
CFA Number: CFA20-011 5
9555 Harmon Rd.
Plat Name:
Council District: 7
City Project Number: ' 0
City of Fort Worth, Texas
StandardCommunity Facilities Agreement with City ParHcipation
Rev. 4/2/20
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City Secretary Number: 55695
STANDARD COMMLJNITY FACILITIFS AGREIIVIEN
WITH CITY PARTICIPATION
This COMMLINITY FACILITIFS AGREIIV�NT ("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 McCarthy Capital, iT.C'
("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 constructmg private improvements or subdividing land within the
corporate limits of Fort Worth, Texas or its extraterritorial jurisdiction, for a project known as McCarthy
Harmon Phase 1("Project"); and
WHEREAS, the City desires to ensure that all developments are adequately served by public
infrastructure and that the public infrastructure is constructed according to City standards; and
WHEREAS, as a condition of approval of the Project, Developer is required to bear a portion of
the costs of municipal infrastructure by constructing the public infrastructure necessary for the Project as
described in this Agreement ("Community Facilities" or "Improvements"); and
WHEREAS, as a c ondition 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
WFIEREAS, the City desires to participate in this Agreement in an amount not to exceed
$24,807.54 for the extension ofwater and wastewater mains in accordance with the City's Installation Policy
and Design Criteria for Water, Wastewater, and Reclaimed Water Infrastructure ("City Participation"); and
WHIItEAS, the City Participation includes paying for 200 linear feet of the sanitary sewer
Improvements and 701inear feet of the water Improvements; and
WHIItEAS, the City Participation includes payments totheDeveloper in anamountnotto exceed
$17,732.69 in construction costs and $407.85 for materialtesting, with the remaining City Participation to
cover the City's portion of inspection fees, administrative material testing fees, and water lab testing fees;
and
WHIItEAS, the Developer and the City desire to enter into this Agreement in connection with
the collective Improvements for the Project;
NOW, 77�FRFFORE, for and in consideration of the covenants and conditions contained herein,
the City and the Developer do hereby agree as follows:
City of Fort Worth, Texas
StandardCommunity Facilities Agreement with City ParHcipation
Rev. 4/2/20
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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 tl�
Agreement and to cause all contractors hired by Developer to comply with the CFA Ordinance in
connectionwiththeworkperformedbythecontractors. Ifaconflictexistbetweenthe terms andconditions
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 (`Bngineering
Plans") are inc orporated into this Agreement by referenc e 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; Fxhibits and Attachments
The following exhibits describe the general location, nature and extent of the Improvements that
are the subject of this Agreement and are attached hereto and incorporated herein by reference:
X❑ Exhibit A: Water
X❑ Exhibit A 1: S ew er
❑ Exhibit B: Paving
❑ Exhibit B-1: Storm Drain
❑ Exhibit C: Street Lights & Signs
The Location Map and Cost Estimates are also attached hereto and incorporated herein by
reference. To the extent that Exhibits A, A-1, B, B-1, C, the Location Map, or the Cost Estimates
conflict with the Engineering Plans, the Engineering Plans shall control. If applicable, Attachment 1—
Changes to Standard Community Facilities Agreement, Attachment 2— Phased CFA Provisions, and
Attachment 3— Concurrent CFA Provisions, are attached hereto and incorporated herein for all
purposes.
4.
Construction of Improvements
Developer agrees to c ause the c onstruction of the Improvements c ontemplatedby this Agreement
and that said construction shall be completed in a good and workmanlike manner and in accordance wrth
all City standards and specifications, the Engineering Plans, the Cost Estimates provided for the
Improvements, andthis Agreement. Developer acknowledges that City will not acceptthe 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.
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StandardCommunity Facilities Agreement with City Participation
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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; Fxtension Periods
This Agreement shall be effective on the date this Agreement is executed by the City's Assistant
City Manager ("Effective Date"). Developer shall complete construction of the Improvements and
obtain the City's acceptance of the Improvements within two (2) years of the Effective Date ("Term").
If construction of the Improvements has started during the Term, the Developer may request that this
Agreement be extended for an additional period of time ("Extension Period"). All Extension Periods shall
be agreed to in writing by the City and the Developer as set forth in a written amendment to this Agreement.
In no event shall the Term of this Agreement plus any Extension Periods be for more than three years.
7.
Failure to Construct the Improvements
(a) The City may utilize the Developer's Financial Guarantee to cause the completion of the
construction of the Improvements if at the end of the Term, and any Extension Periods, the
Improvements have not been completed and accepted by the City. If the Improvements are not
completed at the end of the Term, and any Extension Periods, there will be no further obligation
for City Participation to be paid to the Developer.
(b) The City may utilize the Developer's Financial Guarantee to cause the completion of the
construction of the Improvements or to cause the payment of costs for construction of the
Improvements before the expiration of the Term, and any Extension Period, if the Developer
breaches this Agreement, becomes insolvent, or fails to pay costs ofconstruction.
(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 followmg:
City of Fort Worth, Texas Page 4 of 17
StandardCommunity Facilities Agreement with City Participation
Rev. 4/2/20
(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 ofthe 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 perce�t
(100%) of the cost of the Improvements as required by the CFA Ordinance. The payment and
performance bonds shall guarantee construction of the Improvements and payment of all
subcontractors and material suppliers. Developer agrees to require Developer's contractors to
provide the City with a maintenance bond naming the City as an obligee, in the amount of one
hundred percent (100%) of the cost of the Improvements, that guarantees correction of defects in
materials and workmanship for the Improvements by the contractor and surety for a period of two
(2) years after completion and final acceptance of the Improvements by the City. All bonds must
be provided to the City before construction begins and must meet the requirements of the City's
Standard Conditions, Chapter 2253 of the Texas Government Code, and the Texas Insurance Code.
(d) Developer will require Developer's contractors to provide the City with insurance equal to or in
excess of the amounts required by the City's standard specifications and contract documents for
developer-awarded infrastructure construction contracts. The City must be named as an additional
insured on all insurance policies. The Developer must provide the City with a Certificate of
Insurance (ACORD or form approved by the State of Texas), supplied by each contractor's
insurance provider, which shallbe 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, stortn 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.
(� Developer will not allow Developer's contractors to begin construction of the Improvements unt�7
a notice to proceed to construction is issued by the City.
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StandardCommunity Facilities Agreement with City Participation
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(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 Projec�
and (2) to constructthe 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, SPECIF7CATIONS, ENGINEERING PLANS, AND COST ESTIMATES
SUPPLIED BY THEDEVELOPER FOR TH7S AGREEMENT.
(b) THE DEVELOPER COVENANTS AND AGREES TO, AND BY THESE PRESENTS DOES
HEREBY FULL Y INDEMNIF'Y, HOLD HARMLESS AND DEFEND THE CITY, ITS
OFFICERS, AGENTSAND EMPLOYEES FROMALL SUITS, ACTIONS OR CLAIMS OF
ANYCHARACTER, WHETHERREAL ORASSERTED, BROUGHT FOR OR ONACCOUNT
OFANYINJURIES OR DAMAGES SUSTAINED BYANYPERSONS, INCL UDING DEATH,
OR TO ANY PROPERTY, RESULTING FROM OR IN CONNECTION WITH THE
CONSTRUCTION, DESIGN, PERFORMANCE OR COMPLETION OFANY WORK TO BE
PERFORMED BY SAID DEVELOPER, ITS CONTRACTORS, SUBCONTRACTORS,
OFFICERS, AGENTS OR EMPLOYEES, OR IN CONSEQUENCE OF ANY FAIL URE TO
PROPERLYSAFEGUARD THE WORK, OR ONACCOUNT OFANYACT, INTENTIONAL
OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID DEVELOPER, ITS
CONTRACTORS, SUB-CONTRACTORS, OFFICERS, AGENTS OR EMPLDYEES,
WHETHER OR NOT SUCHINJURIES, 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 TlS CONTRACTORS TO INDEMNIF'Y, 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,
City of Fort Worth, Texas Page 6 of 17
StandardCommunity Facilities Agreement with City Participation
Rev. 4/2/20
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 YPILL REQUIRE
I7'S 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 IN ACCORDANCE WITH ALL PLANS AND SPECIF7CATIONS.
13.
Right to Enforce Contracts
Upon completion of all wark associated with the consiruction of the Improvements, Developer will
assign to the City a non-exclusive right to enforce the contracts entered into by Developer with its
c ontrac tors, along with an as signment of all warranties given by the contractors, whether express or implied
Further, Developer agrees that all contracts with any contractor shallinclude provisions granting to the City
the right to enforce such contracts as an express intended third party beneficiary of such contracts.
14.
Fstimated Fees Paid by Developer; Reconciliation
Prior to execution of this Agreement, Developer has paid to the City the Developer's portion of the
estimated costofadministrativematerial testingservicefees, construction inspection servicefees, andwater
testing lab fees in the amounts set forth in the Cost Summary section of this Agreement. Upon completion
of the construction of the Improvements, the City will reconcile the actual cost of administrative material
testing service fees, construction inspection service fees, and watertesting lab fees with the estimated fees
paid by Developer. If the actual costs of the Developer's portion of the fees are more than the estimated
payments made by the Developer, the Developer must pay the difference to the City before the Improvements
will be accepted by the City. If the actual costs of the Developer's portion of the fees are less than the
estimated payments made by the Developer, the City will refundthe difference to the Developer. If the
difference between the actual costs of the Developer's portion and the estimated payments made by the
Developer is less than fifty dollars ($50.00), the City will not issue a refund and the Developer will not be
responsible for paying the difference. The financial guarantee will not be released by the City or returned
to the Developer until reconciliation has been completed by the City and any fees owed to the City have
been paid by the Developer.
15.
Material Testing
The City maintains a list of pre-approved material testing laboratories. The Developer must
contract with material testing laboratories on the City's list. Material testing laboratories will provide copies
of all test results directly to the City and the Developer. If the Improvements being constructed fail a test,
the Developer must correct or replace the Improvements until the Improvements pass all retests. The
Developer must pay the material testing laboratories directly for all material testing and retesting. The City
will obtain proof from the material testing laboratories that the material testing laboratories have been
paid in full by the Developer before the City will accept the Improvements.
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StandardCommunity Facilities Agreement with City Participation
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16.
Notices
All notices required or permitted under this Agreement may be given to a party by hand-
delivery or by mail, addressed to suchparty 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
200 Texas Street
Fort Worth, Texas 76102
With copies to:
City Attorney's Office
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
and
City Manager's Office
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
DEVELOPER:
Mc Carthy Capital, LLC
9555 Harmon Rd.
Fort Worth, TX, 76177
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 ha�e 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 ofthis 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,
City of Fort Worth, Texas Page 8 of 17
StandardCommunity Facilities Agreement with City Participation
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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 ha�e 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-Waive r
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.
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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 mterpreted as agamst the drafting party shall not apply m
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 2270 of the Texas Government Code,
the City is prohibited from entering into a contract with a company with 10 or more full-time employees
that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City for
goods or services unless the contract contains a written verification from the company that it: (1) does not
boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott IsraeP'
and "company" have the meaning ascribedto those terms by Chapter 2271 of the Texas Government Code.
To the extent that Chapter 2271 of the Government Code is applicable to this Agreement, by signing this
Agreement, Developer certifies that Developer's signature provides written verification to the City that
Developer. (1) does not boycott Israel; and (2) will not boycott Israel during the term of this Agreement.
26.
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 willbe
performed by any Developer employee who is not legally eligible to perform such services. DEVELOPER
SHALL INDEMNIF'Y CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,
LIABILITIES, OR LOSSES DUE TD VIOLATIONS OF THIS PARAGRAPH BY DEVELOPEI�
DEVELOPER'SEMPLOYEES, SIIBCONTRACTORS,AGENTS, ORLICENSEES. City, uponwritten
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StandardCommunity Facilities Agreement with City Participation
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notice to Developer, shall have the right to immediately terminate this Agreement for violations of this
provision by Developer.
27.
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.
28.
Assignment and Successors
Developer shall not assign or subcontract all or any part of its rights, privileges, or duties under tl�
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.
29.
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.
30.
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.
31.
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.
32.
Counterparts
This Agreement may be executed in multiple counterparts, each of which will be deemed an
origmal, but which together will constitute one mstrument.
33.
Entire Agreement
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StandardCommunity Facilities Agreement with City Participation
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This written instrument, together with any attachments, exhibits, and appendices, constitutes the
entire understandmg 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.
34.
City Participation; Fiscal Funding Limitation
(a) City will pay Developer for 200 linear feet of the construction costs for sanitary sewer
Improvements and 70 linear feet of the construction costs for the water Improvements in an amount
not to exceed $17, 732.69. City will pay Developer for 2001inear feet of material testing laboratory
costs for the sanitary sewer Improvements and 701inear feet of material testing laboratory costs for
the water Improvements in an amount not to exceed $407.85. The remaining City Participation in
the amount of $6,667.00 shall not be paid to Developer by the City, but will be used by the City to
pay the City's share of construction inspection fees, administrative material testing fees, and water
lab testing fees. The City Participation is further depicted in the following chart:
Project Item Information- IRPC20-Ol l l CPN 102890 Bidder's CFW Lowest bid
200 LinearFoot Credit Proposal
Descriprion Specification Unitof Bid UnitPrice UnitPrice CityCost
Bidlist SectionNo. Measure Quanrity Participation
Item
No.
SEWER
1 8" Sewer 02 41 14 LF 200 $40.00 $49.38 $8,000.00
4' Manhole 33 39 10,
2 33 39 20 EA 1 $4,200.00 $3,849.35 $3,849.35
3 Trench Safety 33 15 10 LF 200 $1.50 $1.12 $224.00
4 TrenchWaterStop 330515 EA 1 $1,000.00 $464.61 $464.61
WATER
5 8" Water LF 70 $42.00 $46.54 $2,940.00
g Trench Safety LF 70 $1.50 $1.12 $78.40
Connection to Existing 4"- EA 1 $3,200.00
8 12" WaterMain $2,176.33 $2,176.33
Construction 17,732.69
Cost Total
Totalconstructiondaysis �Constructionlnspection $6,125.00
estimated at 120 Da s. Svs Fees
*Amountsarebasedon �Admin MaterialTesting $392.00
estimates S 2 NI Ce S
�MaterialTestingCost $407.85
"WaterTesting Lab $150.00
Total Cost Participation 24,807.54
(b) The City shall reimburse Developer for the City Participation owed by City to Developer pursuant
to this Agreement after presentation of proper documentation by Developer to the City that the
Improvements have been constructed and accepted by the City and all contractors and material
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suppliers have been paid.
(c) In the event no funds or msufficient funds are appropriated and budgeted or are otherwise
unavailable by any means whatsoever in any fisc al 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 far which appropriations were received without
penalty or expense to the City of any kind whatsoever, except to the portions of annualpayments
herein agreed upon for which funds shall have been appropriated.
[REMAINDER OF PAGE IN'I'ENTIONALLY BLANK]
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35.
Cost Summary Sheet
Project Name: McCarthy Harmon Phase 1
CFA No CFA20-0115 IPRC No IPRC20-0111
Items
A. Water and Sewer Construction
1. Water Construction
2. Sewer Construction
Water and Sev�r Construction Total
City Project No.: 102890
De�eloper's Cost City's Cost Total Cost
$ 6,406.27 $ 5,194.73 $ 11,601.00
$ 71,458.84 $ 12,537.96 $ 83,996.80
$ 77, 865.11 $ 17, 732. 69 $ 95, 597.80
B. TPW Construction
1. Street
2. Storm Drain
3. Street Lights Installed by Developer
4. Signals
TPW Construction Cost Total
Total Construction Cost (ezcluding the fees):
Estimated Construction Fees:
C. Construction Inspection Service Fee
D. Material Testing Cost
E. Administrative Material Testing Service Fee
F. Water Testing Lab Fee
Total Estimated Construction Fees:
TOTAL PROJECT COST
Financial Guarantee Options choose one
Bond = 100%
Completion Agreement = 100% / Holds Plat
Cash Escrow Water/Sanitary Sewer= 125%
Cash Escrow Pa�ing/Storm Drain = 125%
Letter of Credit = 125%
City of Fort Worth, Texas
StandardCommunity Facilities Agreement with City Participation
Rev. 4/2/20
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ 77,865.11 $ 17,732.69 $ 95,597.80
$30,625.00 $6,125.00 $36,750.00
$407.85 $407.85
$735.00 $392.00 $1,127.00
$150.00 $150.00
$ 31,360.00 $ 7,074.85 $ 38,434.85
$109,225.11 $24,807.54 $ 134,032.65
Choice
Amounf Mark one
$ 77,865.11
$ 77,865.11
$ 97,331.39 x
Q _
Page 14 of 17
IN WITNE.SS 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
��q �����o�
Dana Rurghdoff (May 7, 2021 :02 CDT)
Dana Burghdoff
Assistant City Manager
Date: May 7, 2021
Recommended by:
DEVII,OPER
McCarthy Capital, LL,C
�.Daniel Md� - hy (May6,202121:03 CDT)
Name: Daniel McCarthy
Title: Owner
Date: May 6, 2021
E✓elvh Roberfs
Evelyn Roberts (May 6, 2021 2L21 CDT)
Evelyn Roberts/Jennifer Ezernack
Project Assistant
Development Services Department
Approved as to Fo�n & Legality:
�_
Rlchard A. Mdracken (May7, 202111:51 CDT)
Richard A. McCracken
Sr. Assistant ��� Attorney
M&C No.
Date: ,o-dv�
Form 1295: N�A �b0����
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�
ATTEST: 0 v o
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0
°000
G� r
�� /? ���E�
Mary J. Kayser/ Ronald Gonzales
City Secretary / Assistant City Secretary
City of Fort Worth, Texas
StandardCommunity Facilities Agreement with City ParHcipation
Rev. 4/2/20
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.
G%22 ,�P.�Z`- 2G�G�
J eScarlettMoiales(May7,202108:16CDT)
Janie S. Morales
Development Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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
� Exhibit A: Water Improvements
� Exhibit A-1: Sewer Improvements
❑ Exhibit B: Paving Improvements
❑ Exhibit B-1: Storm Drain Improvements
❑ Exhibit C: Street Lights and Signs Improvements
❑ Cost Estimates
(Remainder of Page Intentionally Left Blank)
City of Fort Worth, Texas Page 16 of 17
StandardCommunity Facilities Agreement with City Participation
Rev. 4/2/20
ATTACHMINT "1"
Changes to Standard Community Facilities Agreement
City Project No. 102890
None
City of Fort Worth, Texas Page 17 of 17
StandardCommunity Facilities Agreement with City Participation
Rev. 4/2/20
Spec Book
DAP - BID PROPOSAL
Page 1 of 3
SECTION 00 42 43
Developer Awarded Projects - PROPOSAL FORM
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS- DEVELOPER AWARDED PROJECTS
Form Version September 1, 2015 CFW Deveioper Pmject Proposal Tool - McCaRhy Harmon Phase 1
UNIT PRICE BID Bidder's Application
SpecBook
DAP - BID PROPOSAL
Page 2 of 3
SECTION 00 42 43
Developer Awarded Projects - PROPOSAL FORM
UNIT PRICE BID
Bidder's Application
Project Item Infortnation Bidders Proposal
Bidlist Item No. Descri tion S ecification Section No. Unit of Bid
P P r4easure Quantity Unit Price Bid Value
UNIT II: SANITARY SEWER IMPROVEMENTS
0241.2013 Remove 8" Sewer Line 02 41 14 LF 60 $45.00 $2,700.00
3301.0002 Post-CCTV Inspection 33 01 31 LF 750 $1.10 $825.00
3301.0101 Manhole Vacuum Testing 33 01 30 EA 5 $95.00 $475.00
3292.0100 Block Sod Placement 32 92 13 SY 1526 $11.00 $16,786.00
3305.0113 Trench Water Stops 33 OS 15 EA 3 $1,000.00 $3,000.00
3331.4115 8" Sewer Pipe 33 11 10, 33 31 12, 33 31 20 LF 690 �40.00 $27,600.00
3331.4116 8" Sewer Pipe, CSS Backfill 33 11 10, 33 31 12, 33 31 20 LF 60 $120.00 57,200.00
3339.0001 Epoxy Manhole Liner 33 11 10, 33 31 12, 33 31 20 VF 11 $207.80 $2,285.80
3339.1001 4' Manhole 33 39 10, 33 39 20 EA 4 $4,200.00 $16,800.00
3339.1002 4' Drop Manhole 33 39 10, 33 39 20 EA 1 $5,200.00 $5,200.00
9999.0001 Trench Safety 33 05 10 LF 750 $1.50 $1,125.00
TOTAL UNIT II: SANITARY SEWER IMPROVEMENTS $83,996.80
CIN OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS- DEVELOPER AWARDED PROJECTS
Form Version September 1, 2�15 CFW Developer Pmjecl Proposal Tool-McCarihy Harmon Phase 1
Spec Book
DAP - BID PROPOSAL
Page 3 of 3
SECTION 00 42 43
Developer Awarded Projects - PROPOSAL FORM
UNIT PRICE BID
Bidder's Application
Project Item Information Bidders Proposal
Bidlis[ Item No. Descri tion S ecification Sectio� No. Unit of B1d
P P \4easure Quantity Unit Price Bid Value
m� �nmmary
UNIT I: WATER IMPROVEMENTS
UNIT II: SANITARY SEWER IMPROVEMENTS
UNIT III: DRAINAGE IMPROVEMENTS
UNIT IV: PAVING IMPROVEMENTS
UNIT V: STREET LIGHT AND SIGNAGE IMPROVEMENTS
Totnl Construction Bid
Tliis Bid is suUmitted by the entiq- named below:
BIDD�R: Br: JomcS Wc�de �lladc,�
j r� h y �ons�-�c.��� on Sc�v;us ����
aJ'�C �: l(�'Sah Si�rco�- l3wlosoh�TX 7��� �
TITLE: ^��
DATE: a—��—P�
Cantractor agrees to complete \VORK for FINAL ACCGPTANCE within
CONTRACT commences fo run ns provided in the Genernl Conditions.
CND OP SECTION
CIN OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVEIOPER AWARDED PROJECTS
Form Version Septemher 1, 2015
120 working dnys n(ter the date when the
1.601.00
00
00
.80
CFW Developer Project Proposal Tool - McCarihy Harmon Phase 1
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LEGEND
PROPERTY LINE
w PROP. WATER LINE
EX. WATER LINE
GRAPHIC SCALE IN FEET
LOT 2, BLOCK 1 \ 0 35 7� 140
HARMON-HERITAGE ADDITION
(INST. NO. D217221153)
ENHANCEMENT PROPERTIES, LLC
(INST. NO. 217221153)
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OWNED/DEVELOPED BY:
MCCARTHY CAPITAL
9555 HARMON RD
FORT WORTH, TX 76177
CONTACT: DANIEL MCCARTHY
PHONE: (817) 939-0786
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PROP. 8"
WATER LINE
MCCARTHY CAPITAL, LLC
(INST. NO. D214254137)
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HARMON-HERITAGE ADDITION
(INST. NO. D210310275)
BLUE BELL CREAMERIES
(INST. NO. D210310275)
EXHIBIT A: WATER IMPROVEMENTS
MCCARTHY HARMON PHASE 1
LEGEND
PROPERTY LINE
ss PROP. SEWER MAIN
EX. SEWER MAIN
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SITYLER D. VINCENT
(INST. NO. D214232556)
OWNED/DEVELOPED BY:
MCCARTHY CAPITAL
9555 HARMON RD
FORT WORTH, TX 76177
CONTACT: DANIEL MCCARTHY
PHONE: (817) 939-0786
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MCCARTHY HARMON PHASE 1
GRAPHIC SCALE IN FEET
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