HomeMy WebLinkAboutContract 57528 Received Date: May 9,2022
Received Time: 3:50 PM
Developer and Project Information Cover Sheet:
Developer Company Name: PMB Ventana Developer South, LLC
Address, State,Zip Code: 4001 Maple Ave., Suite 600 Dallas,Texas 75219
Phone &Email: (214) 954-7025,peterkpmbinv.com
Authorized Signatory, Title: E. Peter Pincoffs III, Manager
Project Name: Ventana Phase 6A-1
Brief Description: Paving, Storm Drain, Street Lights
Project Location: South of Aledo Road,West of Rolling Hill Drive
Plat Case Number: PP-21-009 Plat Name: Ventana
Mapsco: Not Provided Council District: 3
CFA Number: CFA21-0149 City Project Number: 103631 IPRC21-0105
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth,Texas Page 1 of 18
Standard Community Facilities Agreement
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City Contract Number: 57528
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 PMB Ventana Developer South,
LLC ("Developer"), acting by and through its duly authorized representative. City and Developer are
referred to herein individually as a"party"and collectively as the "parties."
WHEREAS, Developer is constructing private improvements or subdividing land within the
corporate limits of Fort Worth, Texas or its extraterritorial jurisdiction, for a project known as Ventana
Phase 6A-I ("Project"); and
WHEREAS, the City desires to ensure that all developments are adequately served by public
infrastructure and that the public infrastructure is constructed according to City standards; and
WHEREAS, as a condition of approval of the Project, Developer is required to bear a portion of
the costs of municipal infrastructure by constructing the public infrastructure necessary for the Project as
described in this Agreement("Community Facilities"or"Improvements"); and
WHEREAS,as a condition of approval of the Project,Developer is required to meet the additional
obligations contained in this Agreement, and Developer may be required to make dedications of land,pay
fees or construction costs, or meet other obligations that are not a part of this Agreement; and
WHEREAS,the City is not participating in the cost of the Improvements or Project; and
WHEREAS, the Developer and the City desire to enter into this Agreement in connection with
the collective Improvements for the Project;
NOW,THEREFORE,for and in consideration of the covenants and conditions contained herein,
the City and the Developer do hereby agree as follows:
1.
CFA Ordinance
The Community Facilities Agreements Ordinance("CFA Ordinance"),as amended,is incorporated
into this Agreement by reference, as if it was fully set out herein. Developer agrees to comply with all
provisions of the CFA Ordinance in the performance of Developer's duties and obligations pursuant to this
Agreement and to cause all contractors hired by Developer to comply with the CFA Ordinance in
connection with the work performed by the contractors. If a conflict exists between the terms and conditions
of this Agreement and the CFA Ordinance,the CFA Ordinance shall control.
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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 A-1: Sewer
❑X Exhibit B: Paving
® Exhibit B-1: Storm Drain
❑X 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 cause the construction of the Improvements contemplated by this Agreement
and that said construction shall be completed in a good and workmanlike manner and in accordance with
all City standards and specifications, the Engineering Plans, the Cost Estimates provided for the
Improvements,and this Agreement. Developer acknowledges that City will not accept the Improvements
until the City receives affidavits and lien releases signed by Developer's contractors verifying that the
contractors, and all subcontractors and material suppliers, have been paid in full for constructing the
Improvements, and consent of the surety on payment and performance bonds provided for the
Improvements.
5.
Financial Guarantee
Developer has provided the City with a financial guarantee in the form and amounts set forth in
this Agreement which guarantees the construction of the Improvements and payment by Developer of
all contractors, subcontractors, and material suppliers for the Improvements ("Financial Guarantee").
Developer shall keep the Financial Guarantee in full force and effect until released by the City and shall
not reduce the amount of the Financial Guarantee unless authorized by the City in accordance with the
CFA Ordinance.
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6.
Completion Deadline; Extension Periods
This Agreement shall be effective on the date this Agreement is executed by the City's Assistant
City Manager ("Effective Date"). Developer shall complete construction of the Improvements and
obtain the City's acceptance of the Improvements within two (2) years of the Effective Date ("Term").
If construction of the Improvements has started during the Term, the Developer may request that this
Agreement be extended for an additional period of time ("Extension Period"). All Extension Periods shall
be agreed to in writing by the City and the Developer as set forth in a written amendment to this Agreement.
In no event shall the Term of this Agreement plus any Extension Periods be for more than three years.
7.
Failure to Construct the Improvements
(a) The City may utilize the Developer's Financial Guarantee to cause the completion of the
construction of the Improvements if at the end of the Term, and any Extension Periods, the
Improvements have not been completed and accepted by the City.
(b) The City may utilize the Developer's Financial Guarantee to cause the completion of the
construction of the Improvements or to cause the payment of costs for construction of the
Improvements before the expiration of the Term, and any Extension Period, if the Developer
breaches this Agreement,becomes insolvent, or fails to pay costs of construction.
(c) If the Financial Guarantee is a Completion Agreement and the Developer's contractors or suppliers
are not paid for construction costs or materials supplied for the Improvements the contractors and
suppliers may place a lien upon any property which the City does not have an ownership interest
that is the subject of the Completion Agreement.
(d) Nothing contained herein is intended to limit the Developer's obligations under the CFA
Ordinance, this Agreement, the Financial Guarantee, Developer's agreements with Developer's
contractors, or other related agreements.
8.
Termination
If Developer desires to terminate this Agreement before Developer's contractors begin
constructing the Improvements, Developer agrees to the following:
(a) that Developer and City must execute a termination of this Agreement in writing;
(b) that Developer will vacate any final plats that have been filed with the county where the Project
is located; and
(c) to pay to the City all costs incurred by the City in connection with this Agreement, including
time spent by the City's inspectors at preconstruction meetings.
9.
Award of Construction Contracts
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(a) Developer will award all contracts for the construction of the Improvements and cause the
Improvements to be constructed in accordance with the CFA Ordinance.
(b) Developer will employ construction contractors who meet the requirements of the City to construct
the Improvements including,but not limited,to being prequalified,insured,licensed and bonded to
construct the Improvements in the City.
(c) Developer will require Developer's contractors to provide the City with payment and performance
bonds naming the City and the Developer as dual obligees, in the amount of one hundred percent
(100%) of the cost of the Improvements as required by the CFA Ordinance. The payment and
performance bonds shall guarantee construction of the Improvements and payment of all
subcontractors and material suppliers. Developer agrees to require Developer's contractors to
provide the City with a maintenance bond naming the City as an obligee, in the amount of one
hundred percent (100%) of the cost of the Improvements, that guarantees correction of defects in
materials and workmanship for the Improvements by the contractor and surety for a period of two
(2) years after completion and final acceptance of the Improvements by the City. All bonds must
be provided to the City before construction begins and must meet the requirements of the City's
Standard Conditions, Chapter 2253 of the Texas Government Code,and the Texas Insurance Code.
(d) Developer will require Developer's contractors to provide the City with insurance equal to or in
excess of the amounts required by the City's standard specifications and contract documents for
developer-awarded infrastructure construction contracts. The City must be named as an additional
insured on all insurance policies. The Developer must provide the City with a Certificate of
Insurance (ACORD or form approved by the State of Texas), supplied by each contractor's
insurance provider,which shall be made a part of the Project Manual.
(e) Developer will require the Developer's contractors to give forty-eight(48) hours' advance notice
of their intent to commence construction of the Improvements to the City's Construction Services
Division so that City inspection personnel will be available. Developer will require Developer's
contractors to allow construction of the Improvements to be subject to inspection at any and all
times by the City's inspectors. Developer will require Developer's contractors to not install or
relocate any sanitary sewer, storm drain, or water pipe unless a City inspector is present and gives
consent to proceed, and to allow such laboratory tests as may be required by the City.
(f) Developer will not allow Developer's contractors to begin construction of the Improvements until
a notice to proceed to construction is issued by the City.
(g) Developer will not allow Developer's contractors to connect buildings to service lines of sewer and
water mains constructed pursuant to this Agreement, if any, until said sewer, water mains and
service lines have been completed to the satisfaction of the City.
10.
Utilities
Developer shall cause the installation or adjustment of utilities required to: (1) serve the Project;
and (2) to construct the Improvements required herein. City shall not be responsible for payment of any
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.
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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 FROMALL SUITS,ACTIONS OR CLAIMS OF
ANY CHARACTER, WHETHER REAL OR ASSERTED,BROUGHT FOR OR ONACCOUNT
OF AN Y INJURIES OR DAMAGES SUSTAINED BYANYPERSONS,INCL UDING DEATH,
OR TO ANY PROPERTY, RESULTING FROM OR IN CONNECTION WITH THE
CONSTRUCTION, DESIGN,PERFORMANCE OR COMPLETION OF ANY WORK TO BE
PERFORMED BY SAID DEVELOPER, ITS CONTRACTORS, SUBCONTRACTORS,
OFFICERS, AGENTS OR EMPLOYEES, OR IN CONSEQ UENCE OF ANY FAIL URE TO
PROPERLY SAFEGUARD THE WORK, OR ONACCO UNT OF ANY ACT,INTENTIONAL
OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID DEVELOPER, ITS
CONTRACTORS, SUB-CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES,
WHETHER OR NOT SUCH INJURIES,DEATH OR DAMAGES ARE CAUSED,IN WHOLE
OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS
OFFICERS,SERVANTS, OR EMPLOYEES:
(c) DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND AND
HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM
AND AGAINST ANY AND ALL CLAIMS, SUITS OR CAUSES OF ACTION OF ANY
NATURE WHATSOEVER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ON
ACCOUNT OF ANY INJURIES OR DAMAGES TO PERSONS OR PROPERTY,
INCLUDING DEATH,RESULTING FROM, OR INANY WAY CONNECTED WITH, THE
CONSTRUCTION OF THE IMPROVEMENTS CONTEMPLATED HEREIN, WHETHER
OR NOT SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE OR IN
PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS
OFFICERS, SERVANTS, OR EMPLOYEES. FURTHER, DEVELOPER WILL REQUIRE
ITS CONTRACTORS TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY
FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES SUFFERED BY THE CITY OR
CAUSED AS A RESULT OF SAID CONTRACTORS' FAILURE TO COMPLETE THE
WORK AND CONSTRUCT THE IMPROVEMENTS IN A GOOD AND WORKMANLIKE
MANNER, FREE FROM DEFECTS,IN CONFORMANCE WITH THE CFA ORDINANCE,
AND INACCORDANCE WITH ALL PLANS AND SPECIFICATIONS.
13.
Right to Enforce Contracts
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Upon completion of all work associated with the construction of the Improvements,Developer will
assign to the City a non-exclusive right to enforce the contracts entered into by Developer with its
contractors,along with an assignment of all warranties given by the contractors,whether express or implied.
Further,Developer agrees that all contracts with any contractor shall include provisions granting to the City
the right to enforce such contracts as an express intended third party beneficiary of such contracts.
14.
Estimated Fees Paid by Developer; Reconciliation
Prior to execution of this Agreement, Developer has paid to the City the estimated cost of
administrative material testing service fees, construction inspection service fees,and water testing lab fees
in the amounts set forth in the Cost Summary section of this Agreement. Upon completion of the
construction of the Improvements, the City will reconcile the actual cost of administrative material testing
service fees, construction inspection service fees, and water testing lab fees with the estimated fees paid
by Developer. If the actual costs of the fees are more than the estimated payments made by the Developer,
the Developer must pay the difference to the City before the Improvements will be accepted by the City. If
the actual costs of the fees are less than the estimated payments made by the Developer,the City will refund
the difference to the Developer. If the difference between the actual costs and the estimated payments made
by the Developer is less than fifty dollars ($50.00),the City will not issue a refund and the Developer will
not be responsible for paying the difference. The financial guarantee will not be released by the City or
returned to the Developer until reconciliation has been completed by the City and any fees owed to the City
have been paid by the Developer.
15.
Material Testing
The City maintains a list of pre-approved material testing laboratories. The Developer must
contract with material testing laboratories on the City's list. Material testing laboratories will provide copies
of all test results directly to the City and the Developer. If the Improvements being constructed fail a test,
the Developer must correct or replace the Improvements until the Improvements pass all retests. The
Developer must pay the material testing laboratories directly for all material testing and retesting. The City
will obtainproof from the material testing laboratories that the material testing laboratories have been
paid in full by the Developer before the City will accept the Improvements.
16.
Notices
All notices required or permitted under this Agreement may be given to a parry by hand-
delivery or by mail, addressed to such parry 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: DEVELOPER:
Development Coordination Office PMB Ventana Developer South, LLC
City of Fort Worth 4001 Maple Ave., Suite 600
200 Texas Street Dallas, Texas 75219
Fort Worth, Texas 76102
With copies to:
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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
Or to such other address one party may hereafter designate by notice in writing addressed and
mailed or delivered to the other parry hereto.
17.
Right to Audit
Developer agrees that, until the expiration of three (3) years after acceptance by the City of the
Improvements constructed pursuant to this Agreement, that the City shall have access to and the right to
examine any directly pertinent books, documents, papers and records of the Developer involving
transactions relating to this Agreement. Developer agrees that the City shall have access during normal
working hours to all necessary Developer facilities and shall be provided adequate and appropriate
workspace in order to conduct audits in compliance with the provisions of this section. The City shall give
Developer reasonable advance notice of intended audits.
Developer further agrees to include in all contracts with Developer's contractors for the
Improvements a provision to the effect that the contractor agrees that the City shall, until the expiration of
three (3)years after final payment under the contract,have access to and the right to examine any directly
pertinent books, documents, papers and records of such contractor, involving transactions to the contract,
and further,that City shall have access during normal working hours to all of the contractor's facilities, and
shall be provided adequate and appropriate work space in order to conduct audits in compliance with the
provisions of this section. City shall give Developer's contractors reasonable advance notice of intended
audits.
18.
Independent Contractor
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
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creation of a partnership or joint enterprise between City and Developer. It is further understood that the
City shall in no way be considered a co-employer or a joint employer of Developer or any employees,
representatives, agents, servants, officers, contractors, subcontractors, and volunteers of Developer.
Neither Developer,nor any officers, agents, servants, employees or subcontractors of Developer shall be
entitled to any employment benefits from the City. Developer shall be responsible and liable for any and
all payment and reporting of taxes on behalf of itself, and any of employees, representatives, agents,
servants, officers, contractors, subcontractors,and volunteers.
The City, through its authorized representatives and employees, shall have the sole and exclusive
right to exercise jurisdiction and control over City employees.
19.
Applicable Law; Venue
This Agreement shall be construed under and in accordance with Texas law. Venue shall be in
the state courts located in Tarrant County, Texas or the United States District Court for the Northern
District of Texas, Fort Worth Division.
20.
Non-Waiver
The failure of the City to insist upon the performance of any term or provision of this Agreement
or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent
of City's right to assert or rely on any such term or right on any future occasion.
21.
Governmental Powers and Immunities.
It is understood that by execution of this Agreement, the City does not waive or surrender
any of its governmental powers or immunities.
22.
Headings
The paragraph headings contained herein are for the convenience in reference and are not intended
to define or limit the scope of any provision of this Agreement.
23.
Severability
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
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normally call for the document to be interpreted as against the drafting party shall not apply in
interpretation of this Agreement, and each section, portion, and provision of this Agreement shall be
construed solely on the basis of the language contained therein, regardless of who authored such
language.
25.
Prohibition on Boycotting Israel
Developer acknowledges that in accordance with Chapter 2271 of the Texas Government Code,
the City is prohibited from entering into a contract with a company with 10 or more full-time employees
that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City for
goods or services unless the contract contains a written verification from the company that it: (1) does not
boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel"
and"company"have the meanings ascribed to those terms by Chapter 2271 ofthe Texas Government Code.
To the extent that Chapter 2271 of the Government Code is applicable to this Agreement, by signing this
Agreement, Developer certifies that Developer's signature provides written verification to the City that
Developer: (1) does not boycott Israel; and(2)will not boycott Israel during the term of this Agreement.
26.
Prohibition on Boycotting Energy Companies
Developer acknowledges that in accordance with Chapter 2274 of the Texas Government Code,as
added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for
goods or services that has a value of$100,000 or more that is to be paid wholly or partly from public funds
of the City with a company with 10 or more full-time employees unless the contract contains a written
verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott
energy companies during the term of the contract. The terms "boycott energy company" and "company"
have the meanings ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by
Acts 2021, 87th Leg., R.S., S.B. 13, § 2. 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 boycott energy companies; and (2)
will not boycott energy companies during the term of this Agreement.
27.
Prohibition on Discrimination Against Firearm and Ammunition Industries
Developer acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code,as added by Acts 2021, 87th Leg.,R.S., S.B. 19, § 1,the City is prohibited from entering
into a contract for goods or services that has a value of$100,000 or more that is to be paid wholly or partly
from public funds of the City with a company with 10 or more full-time employees unless the contract
contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade association;and(2)will not discriminate
during the term of the contract against a firearm entity or firearm trade association. The terms
"discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms
by Chapter 2274 of the Texas Government Code,as added by Acts 2021, 87th Leg.,R.S., S.B. 19, § 1. To
the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this
Agreement, Developer certifies that Developer's signature provides written verification to the City that
Developer: (1) does not have a practice,policy, guidance, or directive that discriminates against a firearm
entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade
association during the term of this Agreement.
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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 1-9 forms and supporting eligibility
documentation for each employee who performs work under this Agreement. Developer shall adhere to all
Federal and State laws as well as establish appropriate procedures and controls so that no services will be
performed by any Developer employee who is not legally eligible to perform such services.DEVELOPER
SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,
LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY DEVELOPER,
DEVELOPER'S EMPLOYEES,SUBCONTRACTORS,AGENTS,OR LICENSEES. City,upon written
notice to Developer, shall have the right to immediately terminate this Agreement for violations of this
provision by Developer.
29.
Amendment
No amendment,modification, or alteration of the terms of this Agreement shall be binding unless
the same is in writing, dated subsequent to the date hereof, and duly executed by the City and Developer.
30.
Assignment and Successors
Developer shall not assign or subcontract all or any part of its rights,privileges,or duties under this
Agreement without the prior written consent of City. Any attempted assignment or subcontract without the
City's prior written approval shall be void and constitute a breach of this Agreement.
31.
No Third-Party Beneficiaries
The provisions and conditions of this Agreement are solely for the benefit of the City and
Developer, and any lawful assign or successor of Developer, and are not intended to create any rights,
contractual or otherwise,to any other person or entity.
32.
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
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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.
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36.
Cost Summary Sheet
Project Name: Ventana Phase 6A-1
CFA No.: CFA21-0149 City Project No.: 103631 IPRC No.: IPRC21-0105
Items Developer's Cost
A. Water and Sewer Construction
1. Water Construction $ -
2. Sewer Construction $ -
Water and Sewer Construction Total $ -
B. TPW Construction
1. Street $ 1,189,091.00
2. Storm Drain $ 1,272,474.00
3. Street Lights Installed by Developer $ 157,316.00
4. Signals $ -
TPW Construction Cost Total $ 2,618,881.00
Total Construction Cost(excluding the fees): $ 2,618,881.00
Estimated Construction Fees:
C. Construction Inspection Service Fee $43,750.00
D. Administrative Material Testing Service Fee $11,270.00
E. Water Testing Lab Fee $0.00
Total Estimated Construction Fees: $ 66,020.00
Choice
Rnancial Guarantee Options,choose one Amount Mark one
Bond = 100% $ 2,618,881.00 X
Completion Agreement= 100%/Holds Plat $ 2,618,881.00
Cash Escrow Water/Sanitary Sewer= 125% $ -
Cash Escrow Paving/Storm Drain = 125% $ 3,273,601.25
Letter of Credit= 125% $ 3,273,601.25
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IN WITNESS WHEREOF,the City and Developer have each executed this Agreement by their
duly authorized signatories to be effective on the date executed by the City's Assistant City Manager.
CITY OF FORT WORTH DEVELOPER
PMB Ventana Developer South, LLC
15aW-B AGcy 6.Fm_z
Dana Burghdoff(Way 9,20 14:42 CDT) E Peter Pincoffs III(May 6,2022 15:19 CDT)
Dana Burghdoff E. Peter Pincoffs III
Assistant City Manager Manager
Date: May 9,2022 Date: May 6,2022
Recommended by:
�GGI,IO`I NGIGl�1G`I D`I bGGIGIG�O�
Bichson Nguyen on eha of(May 6,202216:36 CDT)
Jennifer L. Ezemack
Contract Compliance Specialist
Development Services
Approved as to Form&Legality:
Contract Compliance Manager:
Richard A.McCracken(May 6,2022 16:38 CDT)
Richard A. McCracken By signing, I acknowledge that I am the person
Sr. Assistant City Attorney responsible for the monitoring and
M&C No. administration of this contract, including
Date: May 6,2022 ensuring all performance and reporting
requirements.
Form 1295:
ATTEST:
Janie Scarlett Morales
Development Manager
J ette S.Goodall(May 9,202215: DT)
Jannette Goodall 44��nnn�
City Secretary pORrad�
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CITY SECRETARY
FT. WORTH, TX
City of Fort Worth,Texas Page 14 of 18
Standard Community Facilities Agreement
Rev.9/21
The following attachments are incorporated into this Agreement. To the extent a
conflict exists between the main body of this Agreement and the following attachments, the
language in the main body of this Agreement shall be controlling.
Included Attachment
0 Attachment 1 - Changes to Standard Community Facilities Agreement
0 Attachment 2—Phased CFA Provisions
❑ Attachment 3 — Concurrent CFA Provisions
0 Location Map
❑ Exhibit A: Water Improvements
❑ Exhibit A-1: Sewer Improvements
0 Exhibit B: Paving Improvements
0 Exhibit B-1: Storm Drain Improvements
0 Exhibit C: Street Lights and Signs Improvements
0 Cost Estimates
(Remainder of Page Intentionally Left Blank)
City of Fort Worth,Texas Page 15 of 18
Standard Community Facilities Agreement
Rev.9/21
ATTACHMENT"I"
Changes to Standard Community Facilities Agreement
City Project No. 103631
None
City of Fort Worth,Texas Page 16 of 18
Standard Community Facilities Agreement
Rev.9/21
ATTACHMENT "2"
Phased CFA Provision
City Project No. 103631
Developer intends to construct public water and sewer mains pursuant to a separate
community facilities agreement (City Project Number 103437, IPRC21-0103) that will run
underneath portions of the paving Improvements being constructed pursuant to this Agreement.
Therefore, this Agreement shall be considered a "Phased CFA" and the provisions
contained in this section shall apply to this Agreement. The improvements being constructed by
Developer under the separate Community Facilities Agreements for City Project Number 103437
shall be defined as the"Parent Project." The improvements being constructed by Developer under
this Agreement shall be defined as the "Child Project."
Developer acknowledges and agrees that due to Developer's election to construct a Phased
CFA, the potential exists for technical, delivery, acceptance or performance problems (hereinafter
"Construction Problems"). Construction Problems may include, but are not limited to: failure of
the improvements to comply with the approved plans or City Specifications; failure of the
improvements in the Parent Project and the Child Project to properly connect to each other;
changes to the design or construction of the improvements in the Parent Project that impact the
design and construction of the improvements in the Child Project; construction delays, delay
claims, or claims for liquidated damages; increased costs for the Developer; failure of the
improvements to pass inspection or material testing; or rejection by the City of some or all of the
improvements and Developer having to remove and reconstruct the improvements at Developer's
expense. In addition, Developer understands and agrees that disputes may arise between
Developer's contractors or their subcontractors relating to responsibility for the Construction
Problems. Developer shall be solely responsible for resolving disputes between contractors or
disputes between contractors and subcontractors.
Developer further acknowledges and agrees that Developer has notified all of Developer's
contractors for the Project that Developer has elected to construct a Phased CFA, the provisions
of this section, the risks associated with a Phased CFA, and that the City shall not bear any
responsibility for Developer's decision to proceed with a Phased CFA.
The City will not accept the Improvements being constructed pursuant to this Agreement
until the improvements being constructed pursuant to the Parent Project, City Project Number
103437, are constructed and accepted by the City as evidenced by the execution of the document
commonly referred to as a green sheet for each project. The City will not release the hold for final
plat FP-22-057 related to this Agreement until the Community Facilities Agreement for the Parent
Project, City Project Number 103437, is executed and a financial guarantee, other than a
completion agreement,is provided to the City for the Parent Project.Developer further understands
and agrees that execution of this Agreement or completion of the Improvements under this
Agreement does not entitle Developer to obtain a final plat of the property until all other
requirements of Federal law, State law, or the City Code relating to the filing and recording of a
final plat have been met by Developer.
City of Fort Worth,Texas Page 17 of 18
Standard Community Facilities Agreement
Rev.9/21
BY CHOOSING TO CONSTRUCT A PHASED CFA, DEVELOPER ASSUMES
ALL RISKS AND DEVELOPER SHALL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY AND ALL
ECONOMICDAMAGESPROPERTYLOSS,PROPERTYDAMAGESAND PERSONAL
INJURY, (INCLUDING DEATH), OFANYKIND OR CHARACTER, WHETHER REAL
OR ASSERTED. DEVELOPER HEREBYEXPRESSL YRELEASESAND DISCHARGES
CITY FROM ANY AND ALL LIABILITY FOR DAMAGES, INCLUDING, BUT NOT
LIMITED TOANYANDALL ECONOMICDAMAGES,PROPERTYLOSS,PROPERTY
DAMAGE AND PERSONAL INJURY(INCL UDING DEATH)ARISING OUT OF OR IN
CONNECTION WITH,DIRECTLY OR INDIRECTLY, THE CONSTRUCTION OF THE
IMPROVEMENTS OR DEVELOPER'S DECISION TO CONSTRUCT A PHASED CFA.
DEVELOPER,AT ITS SOLE COSTAND EXPENSE,AGREES TO AND DOES HEREBY
INDEMNIFY, DEFEND PROTECT, AND HOLD HARMLESS CITY, AND CITY'S
OFFICERS, REPRESENTATIVES, AGENTS, EMPLOYEES, AND SERVANTS FOR,
FROMAND A GAINSTANYAND ALL CLAIMS(WHETHER A TLA W OR INEQUITY),
LIABILITIES, DAMAGES (INCLUDING ANY AND ALL ECONOMIC DAMAGES,
PROPERTY L OSS, PROPERTYDAMAGES AND PERSONAL INJURIES INCL UDING
DEATH), LOSSES, LIENS, CAUSES OF ACTION, SUITS, JUDGMENTS AND
EXPENSES (INCLUDING, BUT NOT LIMITED TO, COURT COSTS, ATTORNEYS'
FEES AND COSTS OF INVESTIGATION), OF ANY NATURE, KIND OR
DESCRIPTION ARISING OR ALLEGED TO ARISE BY OR IN ANY WA Y RELATED
TO CONSTRUCTION OF THE IMPROVEMENTS OR DEVELOPER'S CHOICE TO
CONSTRUCT A PHASED CFA, OR (2) BY REASON OF ANY OTHER CLAIM
WHATSOEVER OF ANY PERSON OR PARTY OCCASIONED OR ALLEGED TO BE
OCCASIONED IN WHOLE OR IN PART BY THE CONSTRUCTIONS OF THE
IMPROVEMENTS OR DEVELOPER'S CHOICE TO CONSTRUCT A PHASED CFA
WHETHER OR NOT SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED, IN
WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT
WORTH,ITS OFFICERS, SERVANTS, OR EMPLOYEES.
DEVELOPER:
PMB Ventana Developer South, LLC
15-.r*?#%
E Peter pincoffs III(May 6,202216:32 CDT)
Name: E. Peter Pincoffs III
Title: Manager
City of Fort Worth,Texas Page 18 of 18
Standard Community Facilities Agreement
Rev.9/21
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(BY HOMEBUILDER) ----
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PROPOSED STORM DRAIN LINE \\
PROPOSED INLET T \
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LIMITS OF PROJECT
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4001 MAPLE AVENUE //// �,/ / PROPOSED SINGLE STREET LIGHT ;
SUITE 600 \ '$, / / �[ \ EXISTING SINGLE STREET LIGHT
DALLAS,TX 7J219 \\$ �/ / \\\ LIMITS OF PROJECT
STREET LIGHTS AND
\ \\\ SIGNS
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00 42 43
DAP.Bm PROPOSAL
NpIor2
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
Ventans Phase 6A-1
UNIT PRICE BID Bidder's Application
Projed Item Infornmew Bidders Pcopmall
Bid1w Item No.I Deamiption Specification Sedioa No. Meaatnoae Q BAY Unit Price Bid Yahro
UNIT I:DRAINAGE IMPROVEMENTS
0241.4001 Remove 10'Curb Inlet _ 02 41 14 - EA f s1,500.00 51.500.00
3737.0102 Large Stone Type"A"Dry Rip Rap 2S 4+'Deer -_- 3137 00 __- SY 606 _ S105.00 _ _ 563,630_DO
3305.0109 Trench Safety __---_ _- _ 330510 _ _ LF 5,192 *�2.00 ,10.384.00
3341.0201 21"RCP,Class III _ 33 41 10 LF_ 34_4_ $65.00 __ $22.360.00
3341.0205 24"RCP,Class III - _- - 33 41 10 LF_ 1,765 _ 70-00 5123,550.00
3341.0208 27"RCP,Class III 33 -__ 3341 10 LF _ 330 _ S75.00 S24,750.00
41.0302 30"RCP,Class III -- _ _- -_ _ _ 3341 10 __ LF _618_ -- 8�5.00 -552,530.00
3341.0305 33"RCP,Class III_ --_- _ _3341 11 _ LF_ 323 S100.00_••_$32,300.00
9341.0309 35"RCP,Class Ill - --- _ _ 3341 10 LF - _15 - _ _S110.00__ $1,650.00.
3341.0409 A8 RCP,Class III _ -_--_ -- - -- __33 41 10_ _ LF_ _329 $180.00_S59,220_00
3341.1203 5'X 5'R_CB,Class III _-- - - 33 41 10 _ LF 1.156 - 320.00 _S369.920.00
3341.1501 8'X 4'RCB,Class_111 -_ _-- __- _ -_33 41 10 _ LF __312 $490.00 _1�52 LaO,00
3349.0005 8'X 4'Junction Box 33 49 10 EA 1 10.500.00 $10 500.00
3349.0005 V X 5'Junction Box___ _ ___ _ _ 33 49 TO_ _ _ EA 1 112,50000 12 500.00
3349.0005 8'X 8'Junction Box _ _ _ _ _ -_33 4910 _ _ _EA _ 1 $16,500_00___576.500.00
3349.5001 IV Curb Inlet - - -- _ 33 49 20 _ EA 14 $3 400_0_0 _ S47j600.00
3349.5002 15'Curb Inlet -_-- _ _ _ 334920 ____ EA_ 2_ _ $4 400.00 $8,80300
4'3349.7001 X 4'Drop Inlet_ _ _ - _ _ __ _33 49 20_ _ EA _ 5 _ $55500.00 _ S27,
_ 590.00
_9999.0001 4'X 4'Manhole - - - 00 00 00 _ EA 8 _ -55500_00 -S44 ODD.00.
9999.0002 6'X 6'Manhole 00 00 GO EA 1 $8 500.00 $S 500.00
9999.0003 39'4:1 Sloped End Headwall --- _ - _ 00 00 00 EA_ 1 $4 000_00 _ _14 000_00
9999.0D04 33"4:1 Sloped End Headwall - - DO 00 00 - E k 1 55,000.00
g999.0005 5'x5'4:1 Sloped End Headwall_ 00 00 00 _ _ EA_ _ 1 _ $9 500.00 _ 9 500.00
9999.0606_Inl B'x4'TxDOT Type PW-1 Parallel Wingwall Skewed. _ _ 00 00 0_0 _ _ _ EA 2__ S80,500.00_ $161,000.00
9999.0007 etPmteciion - - - 000000 _ EA 16 -Si5Q00-- $2,400�00
TOTALUMTILPRAINAGE IMPROVEMENT$ $1,272474.00
CRY OF FORT WORTr1
STANDARD CONSTRUCTION SPECIFICATION DOLUbU NM-DEVELOPER AWARDED PROIBCIS
Fast V.6.MmyA2019 004243_aid Pmpad Vmt-R-6A-1
oo+z+3
OAP-OLDFROPOM
Pa2F 2 of 2
SECTION 004243
Developer Awarded Projects-PROPOSAL FORM
Ventans Phase 6A-1
UNIT PRICE BID Bidder's Application
ProJea Item Io5®atfom i Bidders Proposal
Bidlist Item No. Description Specificstinn Section Nm Unit of Bid Unit Price Bid Value
Minure Quantity
UNIT It:PAViNr--.IMPROVEMENTS
0241.0100 Remove Sidewalk - 0241 13 SF 4S8 _ $3.00 - 1404.00
0241.1300 Remove Conc Curb&Gutter _ - -0241 15 _ LF 83 20.00 - $1 66_0.0_0
Hydrated Lime(30 Ibs/sy for Residential&36 Ibs/sy for
3211.0400 321129 TON Me
Dutch Branch Road) __ __ $190_00_ 59 394.00
3211.0501 B"LimeTrealment -_ - 321129 _ SY 5,902 53.50 _ ;20.657.00
321l.0502 8"Lime Treatment(Dutch Branch Road) 321129 -_ SY_ 12,448 _ $4.00i $49,792.00
3213.01 1 ee Conc Pvmt __ 321313 _ SY 5,529 35�9.50 $218.395.50
3213.603 7.5"Conc Pvmt,,Dutch Branch Road) 321313 SY 11.818 $49.50 $584 991.00
3213.0301 4'Cont;Sidewalk(Developer) - 321320_ SF 33,857 Z.50 $118,499.SOr
3213.0501 earner Free Ramp,Type R-1 _ _-_ _ _ _ 321320 - _ EA _ 26 51.500.00 __ $39 000.00
3213.0504 Banner Free Ramp,TYpee M-2 - - ---_- __ _3213 2D -_ EA _1 51.500,00,_ $1.500.00
3213.0506 Barrier Free Ramp,Lyp2 P-1 - ___ _-- - _ --_ 3213 20_, -EA _ 5 __S 1,500.00 _ $7.500.00
3291.0100 Topsoil - _ -- _ •_-_- _ ___ _3291 19 __ CY
9201 _ 628 $26.00_ $i61326.00
3200_131ock_Sod Placement _`r-�- _ 32 9213__ SY 3,770 __$6^00_ 22y20_00
_3471.0001 Traffic Contrd _ _ 34 71 13 MO _ 1 _ $2 500.00 $2 500.00
9999.0008 t:anatn,�TypeIllBarticade _ 000000 _ _EA 15_- $800.00 $12000.00
_9999.00D9 C:nsvu:!Std.Pvmt Header_ --_ 000000 LF_ 460 _ $25.00 _ $11,500.00
9999.0010 Cowie tot.Existing Pavement _ _ _ - 00 O0 00 _ - FJt 1_ $1,000.0.0l _ __$y000.00
Remo•.u Barricade and Connect to Existing Pavement
- - ---- . -- --
9999.0011 00 00 00 EA 1
Header $1.500.00� _ _ I!00.00
9999.0012 Stop Signs _- -_ - _ _-. __ 00 0000 _ EA 13_ $750.00--$9,750.OD;
9999.0013 Street Name Blade Pair _00 00 00 _ _EA 13 _ _$300.00- 3 900.00`
9999.0014-Street Sign Pole _ - -- _- 00 00 00 $400.00 -15 200.00
TAL UNIT 11,RAVING I !PR V ENT $1,1e9.091.00
I !JWIUILSTAF-r-TA-JGHTTU!RlPtPROVEMa
2605.3015 2"CONDT PVC SCH 80(T) _260533 _LF- 2,751 __-1�200- $33,012.00
3441.1409 B _ - __ -_ _- - _ __-
2,751 44-00__ _- 11 004�00
3441.1757 T,,,.e 11 Pole with 33B Arm - -� - - 34 41 20 F1� 22 -J53,20O.U0 S70.400.00
_ 3441.305_0 Residential 70 watt ATBO Cobra Head 34 41 20 EA 22 -_750.00 $16,500.00
3441.3301 Tpe 1 Fouixiation_- - -T - - - -34 41 20 -FJ1 - 22 3I 20LQ0 $26.400.00
T TAL NIT III: IMP VFI4IE- $157,316.00
Did 8moatary
UNIT I:DRAINAGE IMPROVEMENTS 9 $1,272,474.00
UNIT 0:PAVING IMPROVEMENTS $1,189,091.00
UNIT lit STREET UGHTING IMPROVEMENTS 5157 316.00
Total Coarteeedtm Bid $2 618 8J3i.00
Uk Bid k eubmlilted by the eadly named bdow.
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� �se�ct�s��-ia ct icy `i xx I l� •P. ,
CeaftwWrapeeatoempktaW01MfarMALACCMANCEwid" T� warMax
CONTRACT eommeaas to ram a provided is the Gettaal CeudJI&zL
=OFFORTWORTH
STANDARD CONSTR=JOPf SPEC67CAMN DOC(R.Wn-DEVtlAPER AWARDED MQMCIS
Fu Varies Nry A 2019 00 42+3 Bid prwarr Vella m m 6A-1