HomeMy WebLinkAboutContract 58075 Received Date:Sep 8, 2022
Received Time: 10:15 am
Developer and Project Information Cover Sheet:
Developer Company Name: FW 820, LLC
Address, State,Zip Code: 131 E. Exchange Ave, Suite 212 Fort Worth, Texas 76164
Phone &Email: 817-710-7367 1 kylevalley@majesticrealty.com
Authorized Signatory, Title: Edward P. Roski Jr., Manager
Project Name: Majestic Silver Creek, Phase I
Brief Description: Water, Sewer, Paving, Storm Drain, Signage and Street Light
Improvements
Project Location: SW of intersection of Silver Creek Rd and Interstate 820
Plat Case Number: Plat Name:
Mapsco: 58R Council District: 3
CFA Number: 22-0061 City Project Number: 103852 1 IPRC21-0171
OFFICIAL RECORD
CITY SECRETARY
City of Fort Worth,Texas FT. WORTH, TX
Standard Community Facilities Agreement
Rev.9/21
City Contract Number: 58075
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 FW 820,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 Majestic
Silver Creek,Phase 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
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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:
❑x Exhibit A: Water
® Exhibit A-1: Sewer
❑X Exhibit B: Paving
❑X Exhibit B-1: Storm Drain
❑X Exhibit C-1: Signage and Street Lights
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
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not reduce the amount of the Financial Guarantee unless authorized by the City in accordance with the
CFA Ordinance.
6.
Completion Deadline; Extension Periods
This Agreement shall be effective on the date this Agreement is executed by the City's Assistant
City Manager ("Effective Date"). Developer shall complete construction of the Improvements and
obtain the City's acceptance of the Improvements within two (2) years of the Effective Date ("Term").
If construction of the Improvements has started during the Term, the Developer may request that this
Agreement be extended for an additional period of time ("Extension Period"). All Extension Periods shall
be agreed to in writing by the City and the Developer as set forth in a written amendment to this Agreement.
In no event shall the Term of this Agreement plus any Extension Periods be for more than three years.
7.
Failure to Construct the Improvements
(a) The City may utilize the Developer's Financial Guarantee to cause the completion of the
construction of the Improvements if at the end of the Term, and any Extension Periods, the
Improvements have not been completed and accepted by the City.
(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.
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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
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
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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 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.
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13.
Right to Enforce Contracts
Upon completion of all work associated with the construction of the Improvements,Developer will
assign to the City a non-exclusive right to enforce the contracts entered into by Developer with its
contractors,along with an assignment of all warranties given by the contractors,whether express or implied.
Further,Developer agrees that all contracts with any contractor shall include provisions granting to the City
the right to enforce such contracts as an express intended third party beneficiary of such contracts.
14.
Estimated Fees Paid by Developer; Reconciliation
Prior to execution of this Agreement, Developer has paid to the City the estimated cost of
administrative material testing service fees, construction inspection service fees,and water testing lab fees
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 FW 820, LLC
City of Fort Worth 131 E. Exchange Ave, Suite 212
200 Texas Street Fort Worth, Texas 76164
Fort Worth, Texas 76102
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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
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
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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.
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
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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. 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
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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 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.
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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.
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36.
Cost Summary Sheet
Project Name: Majestic Silver Creek, Phase I
CFA No.: 22-0061 City Project No.: 103852 IPRC No.: 21-0171
Items Developer's Cost
A. Water and Sewer Construction
1. Water Construction $ 1,010,229.00
2. Sewer Construction $ 449,890.79
Water and Sewer Construction Total $ 1,460,119.79
B. TPW Construction
1. Street $ 2,079,971.23
2. Storm Drain $ 1,418,449.00
3. Signage &Street Lights $ 1,432,055.16
TPW Construction Cost Total $ 4,930,475.39
Total Construction Cost(excluding the fees): $ 6,390,595.18
Estimated Construction Fees:
C. Construction Inspection Service Fee $75,000.00
D. Administrative Material Testing Service Fee $15,925.00
E. Water Testing Lab Fee $1,800.00
Total Estimated Construction Fees: $ 92,725.00
Choice
Financial Guarantee Options,choose one Amount Mark one
Bond=100% $ 6,390,595.18 X
Completion Agreement= 100%/Holds Plat $ 6,390,595.18
Cash Escrow Water/Sanitary Sewer= 125% $ 1,825,149.74
Cash Escrow Paving/Storm Drain= 125% $ 6,163,094.24
Letter of Credit= 125% $ -
Escrow Pledge Agreement= 125% $ 7,988,243.98
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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
FW 820, LLC,a Texas Limited Liability
Company
Dana Burghdoff(Sep 7,202 6:53 CDT)
Dana Burghdoff By: Majestic Silver Creek Investor, LLC a
Assistant City Manager Delaware limited liability company
Date: Sep 7, 2022 By: Majestic Realty Co.,
a California corporation,
Recommended by: as duly authorized agent for the
Manager of Majestic Silver Creek
am"--e Investor, LLC agent
Dwayne Hollars(Sep 7,202214:22 CDT)
Dwayne Hollars &dRArd p. &2 cf"
Contract Compliance Specialist Edward P.Roski,Jr.(Sep 7,202212:20 PDT)
Development Services Name: Edward P. Roski Jr.
Title: Manager
Date: Sep 7, 2022
Approved as to Form&Legality:
Richard A.McCracken(Sep 7,202216:27 CDT)
Richard A. McCracken
Sr. Assistant City Attorney
M&C No. NSA
Date:
Form 1295: N/A
ATTEST:
0
0.0 �op��
�vS g=0 Contract Compliance Manager:
la�S �arrr7�GG 0 oy �d
Jannette S.Goodall(Sip 8,202209:12 CDT) ��T oOO o0o T�
I acknowledge that I am
Jannette S. Goodall 000
da��Vsvi Op By responsible for the monitoring and the person
City Secretary
administration of this contract, including
ensuring all performance and reporting
requirements.
Janie Scarleff Noralos
Janie Scarlett Morales(Sep 7,2022 14:53 CDT)
Janie Scarlett Morales
Development Manager OFFICIAL RECORD
CITY SECRETARY
City of Fort Worth,Texas FT. WORTH, TX
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
❑x Attachment 1 - Changes to Standard Community Facilities Agreement
❑ Attachment 2—Phased CFA Provisions
❑ Attachment 3 — Concurrent CFA Provisions
® Location Map
❑X Exhibit A: Water Improvements
❑X Exhibit A-1: Sewer Improvements
❑X Exhibit B: Paving Improvements
❑X Exhibit B-1: Storm Drain Improvements
❑X Exhibit C-1: Signage and Street Lights Improvements
❑X Cost Estimates
(Remainder of Page Intentionally Left Blank)
City of Fort Worth,Texas Page 15 of 16
Standard Community Facilities Agreement
Rev.9/21
ATTACHMENT"I"
Changes to Standard Community Facilities Agreement
City Project No. 103852
None
City of Fort Worth,Texas Page 16 of 16
Standard Community Facilities Agreement
Rev.9/21
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00 42 43
DAP-BID PROPOSAL
Page 1 of 5
MAJESTIC SILVER CREEK ADDITION
CITY PROJECT NO.103852
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project item Information Bidder's Proposal
Bidlist Description Specification Section No. Unit of Bid Unit Price Bid Value
item No. Measure Quantity
UNIT I:WATER IMPROVEMENTS
1 0241.1510 Salvage Fire Hydrant 0241 14 EA 2 $10,796.00 $21,592.00
2 0241.1512 Salvage 1"Water Meter 0241 14 EA 1 $4,848.00 $4,848.00
3 3305.0109 Trench Safety 3305 10 LF 4679 $1.00 $4,679.00
4 3305.1104 24"Casing By Other Than Open Cut 33 05 22 LF 51 $815.00 $41,565.00
5 3311.0001 Ductile Iron Water Fittings w/Restraint 33 11 11 TON 0.5 $192,220.00 $96,110.00
6 3311.0251 8"DIP Water 33 11 10 LF 77 $75.00 $5,775.00
7 3311.0261 8"PVC Water Pipe 33 11 12 LF 108 $65.00 $7,020.00
8 3311.0351 10"DIP Water 33 11 10 LF 132 $113.00 $14,916.00
9 3311.0361 10"PVC Water Pipe 33 11 12 LF 81 $90.00 $7,290.00
10 3311.0451 12"DIP Water 33 11 10 LF 371 $127.00 $47,117.00
11 3311.0461 12"PVC Water Pipe 3311 12 LF 3859 $112.00 $432,208.00
12 3305.2004 12"Water Carrier Pipe 33 05 24 LF 51 $127.00 $6,477.00
13 3312.0001 Fire Hydrant 331240 EA 12 $4,845.00 $58,140.00
14 3312.0002 Water Sampling Station 33 12 50 EA 34 $900.00 $30,600.00
15 3312.0117 Connection to Existing 4"-12"Water Main 33 12 25 EA 4 $7,500.00 $30,000.00
16 3312.1002 2"Combination Air Valve Assembly for Water 33 12 30 EA 2 $13,261.00 $26,522.00
17 3312.2203 2"Water Service 33 12 10 EA 11 $3,500.00 $38,500.00
18 3312.3003 8"Gate Valve 33 12 20 EA 4 $2,430.00 $9,720.00
19 13312.3004 10"Gate Valve 1331220 JEA 6 $3,500.00 $21,000.00
20 3312.3005 12"Gate Valve1331220 EA 19 $4,350.00 ��$23,500.00
,650.00
21 3312.3105 12"Cut-in Gate Valve1331220 EA 2 $11,750.00 TOTAL UNIT I:WATER IMPROVEMENTS ,229.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version September 1,2015 00 42 43_eld Proposal-Majestic Silver Creek.xlsm
004243
DAP-BID PROPOSAL
Page 2 of 5
MAJESTIC SILVER CREEK ADDITION
CITY PROJECT NO.103852
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Description Specification Section No. Unit of Bid Unit Price Bid Value
Item No. Measure LQuantity
UNIT II:SANITARY SEWER IMPROVEMENTS
1 3305.0109 Trench Safety 33 05 10 LF 2827 $1.00 $2,827.00
2 3305.1003 20"Casing By Open Cut 33 05 22 LF 39 $250.00 $9,750.00
3 3331.4115 8"Sewer Pie 33 11 10,33 31 12,33 31 20 LF 2512 $90.35 $226,959.20
4 3331.4116 8"Sewer Pipe,CSS Backfill 33 11 10,33 31 12,33 31 20 LF 170 $507.64 $86,298.80
5 9999.0002 8"Sewer Pipe ASTM D2241,PR 160 00 00 00 LF 145 $90.35 $13,100.75
6 3339.0001 Epoxy Manhole Liner 33 39 60 VF 127 $384.00 $48,768.00
7 3339.1001 4'Manhole 33 39 10,33 39 20 EA 17 $1,472.87 $25,038.79
8 3339.1003 4'Extra Depth Manhole 33 39 10,33 39 20 VF 84.1 $357.94 $30,102.75
9 3301.0101 Manhole Vacuum Testing 33 01 30 EA 17 $165.00 $2,805.00
10 13301.0002 Post-CCTV Inspection 33 01 31 LF 2827 $1.50 $4,240.50
TOTAL UNIT It:SANITARY SEWER IMPROVEMENTS $449,890.79
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version September 1,2015 00 42 43_Bid Proposal-Majestic Silver Creek.xism
00 42 43
DAP-BID PROPOSAL
Page 3 of 5
MAJESTIC SILVER CREEK ADDITION
CITY PROJECT NO.103852
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item information Bidder's Proposal
Bidlist Description Specification Section No. Unit of Bid Unit Price Bid Value
Item No. Measure Quantity
UNIT III:PAVING IMPROVEMENTS
1 0241.0401 Remove Concrete Drive 0241 13 SF 1306 $3.00 $3,918.00
2 0241.0402 Remove Asphalt Drive 0241 13 SF 518 $6.50 $3,367.00
3 0241.0500 Remove Fence 0241 13 LF 1312 $6.00 $7,872.00
4 0241.0700 Remove Mailbox 024113 EA 1 $1,200.00 $1,200.00
5 0241.0900 Remove Misc Conc Structure 0241 13 LS 1 $2,000.00 $2,000.00
6 0241.1100 Remove Asphalt Pvmt 0241 15 Sy 4571 $6.50 $29,711.50
7 0241.1300 Remove Conc Curb&Gutter 0241 15 LF 127 $13.00 $1,651.00
8 3125.0101 SWPPP z 1 acre 31 2500 LS 1 $3,075.85 $3,075.85
9 3212.0302 2"Asphalt Pvmt Type D 32 12 16 Sy 1013 $31.50 $31,909.50
10 9999.0001 10"Asphalt Base Type B 00 00 00 Sy 1013 $44.75 $45,331-75
11 3213.0104 9"Conc Pvmt 32 13 13 Sy 13614 $49.74 $677,160.36
12 3213.0106 11"Conc Pvmt 32 13 13 Sy 5874 1$79.46 $466,748.04
13 3213.0301 4"Conc Sidewalk 32 13 20 SF 45481 $5.70 $259,241.70
14 3213.0504 Barrier Free Ramp,Type M-2 32 13 20 EA 4 $800.00 $3,200.00
15 3213.0506 Barrier Free Ramp,Type P-1 32 13 20 EA 24 $1,200.00 $28,800.00
16 3441.4007 Install Alum Sign Ex Pole Mount 3441 30 EA 10 $325.00 $3,250.00
17 3471.0001 Traffic Control 3471 13 MO 2 $16,500.00 $33,000.00
18 3217.0002 4"SLD Pvmt Markin HAS Y 32 17 23 LF 6885 $0.84 $5,783.40
19 3217.2103 REFL Raised Marker TY II-A-A 32 17 23 LF 5744 $1.62 $9,305.28
20 3217.0501 24"SLD Pvmt Markin HAE W 32 17 23 LF 769 $3.20 $2,460.80
21 3217.2104 REFL Raised Marker TY II-C-R 32 17 23 EA 2111 $1.62 $3,419.82
22 3217.0201 8"SLD Pvmt Markin HAS W 32 17 23 LF 1500 $1.10 $1,650.00
23 3217.0001 4"SLD Pvmt Markin HAS W 32 17 23 LF 1246 $0.84 $1,046.64
24 3217.0003 4"BRK Pvmt Markin HAS W 32 17 23 LF 1816 $0.84 $1,525.44
25 3217.1002 Lane Legend Arrow 32 17 23 EA 11 $220.00 $2,420.00
26 0241.0300 Remove ADA Ramp 0241 13 EA 2 $1,200.00 $2,400.00
27 3211.0502 8"Lime Treatment 36 LB/SY 32 11 29 Sy 22551 $2.50 $56,377.50
28 3211.0400 Hydrated Lime 3211 29 TN 406 $243.00 $98,658.00
29 3123.0101 Unclassified Excavation by Plan 31 2316 CY 52189 $3.00 $156,567.00
30 3124.0101 Embankment by Plan 31 2400 Icy 54685 $1.49 $81,480.65
31 3292.0100 Block Sod Placement 32 92 13 Isy 15940 $6.00 $35,640.00
32 3291.0100 Topsoil 3291 19 ICY 1990 $20.00 $19,800.00
TOTAL UNIT III:PAVING IMPROVEMENTS $2,079,971.23
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version September 1,2015 00 42 43_Bid Proposal-Majestic Silver Creek.xlsm
00 42 43
DAP-BID PROPOSAL
Page 4 of 5
MAJESTIC SILVER CREEK ADDITION
CITY PROJECT NO.103852
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project item Infomlation Bidder's Proposal
Bidlist Description Specification Section No. Unit of Bid Unit Price Bid Value
Item No. Measure Quantity
UNIT IV:DRAINAGE IMPROVEMENTS
1 0241.3011 Remove 15"Storm Line 0241 14 LF 42 $84.00 $3,528.00
2 0241.3015 Remove 24"Storm Line 0241 14 LF 240 $84.00 $20,160.00
3 0241.4201 Remove 4'Drop Inlet 0241 14 EA 2 $2,624.00 $5,248.00
4 3137.0101 Concrete Riprap 31 3700 SY 145 $126.00 $18,270.00
5 3305.0109 Trench Safety 33 05 10 LF 3805 $1.00 $3,805.00
6 3341.0201 21"RCP,Class III 3341 10 LF 281 $91.00 $25,571.00
7 3341.0205 24"RCP,Class III 3341 10 LF 216 $106.00 $22,896.00
8 3341.0302 30"RCP,Class III 3341 10 LF 147 $117.00 $17,199.00
9 3341.0309 36"RCP,Class III 3341 10 LF 106 $161.00 $17,066.00
10 3341.0409 48"RCP,Class III 3341 10 LF 1355 $225.00 $304,875.00
11 3341.0502 54"RCP,Class III 3341 10 LF 762 $325.00 $247,650.00
12 3341.0602 60"RCP,Class III 3341 10 LF 259 $340.00 $88,060.00
13 3341.1403 7x5 Box Culvert 3341 10 LF 269 $512.00 $137,728.00
14 3341.1502 8x5 Box Culvert 3341 10 LF 410 $573.00 $234,930.00
15 3349.0001 4'Storm Junction Box 33 49 10 EA 5 $6,820.00 $34,100.00
16 3349.0002 5'Storm Junction Box 33 49 10 EA 3 $8,990.00 $26,970.00
17 3349.0003 6'Storm Junction Box 33 49 10 EA 6 $10,115.00 $60,690.00
18 3349.0006 Storm Junction Structure 33 49 10 LS 1 $16,685.00 $16,685.00
19 3349.0104 4'Stacked Manhole 33 49 10 EA 1 $6,820.00 $6,820.00
20 3349.1000 Headwall,Box Culvert 33 49 40 CY 30 $574.00 $17.220.00
21 3349.2012 54"Parallel Headwall,1 pipe 33 49 40 EA 1 $9,500.00 $9,500.00
22 3349.5001 10'Curb Inlet 33 49 20 EA 11 $7,640.00 $84,040.00
23 3349.5003 20'Curb Inlet 33 49 20 EA 1 $9,060.00 $9,060.00
24 0241.4002 Remove 15'Curb Inlet 0241 14 EA 1 $6,378.00 $6,378.00
TOTAL UNIT:DRAINAGE IMPROVEMENTS $1,418,449.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version September 1,2015 00 4243_Bid Proposal-Majestic Silver Creek.xlsm
00 42 43
DAP-BID PROPOSAL
Page 5 of 5
MAJESTIC SILVER CREEK ADDITION
CITY PROJECT NO.103852
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Description Specification Section No. Unit of Bid Unit Price Bid Value
Item No. Measure Quantity
UNIT V:ILLUMINATION IMPROVEMENTS
1 2605.0111 Furnish/Install Elec Sery Pedestal 26 05 00 EA 2 $13,959.00 $27,918.00
2 2605.3015 2"CONDT PVC SCH 80 T 26 05 33 LF 6805 $26.95 $183,394.75
3 2605.3016 2"CONDT PVC SCH 80 8 26 05 33 LF 1385 $97.56 $135,120.60
4 3305.0103 Exploratory Excavation of Existing Utilities 33 05 30 EA 110 $636.50 $70,015.00
5 3441.1405 NO 2 Insulated Elec Condr 3441 10 LF 38120 $7.79 $296,954.80
6 3441.1502 Ground Box Type B,w/A ron 3441 10 EA 28 $3,370.00 $94,360.00
7 3441.1632 Type 33A Arm 3441 20 EA 70 $780.00 $54,600.00
8 3441.3201 LED Lighting Fixture 3441 20 EA 71 $830.59 $58,971.89
9 3441.3302 Rdwy Illum Foundation TY 3,5,6,and 8 3441 20 EA 70 $1,250.00 $87,500.00
10 3441.3342 Rdwy Ilium TY 18 Pole 34 41 20 EA 70 $2,880.00 $201,600.00
11 3441.1724 Install Signal Cabinet,Ground MNT 3441 10 EA 1 $45,250.00 $45,250.00
12 3441.1004 Relocate Signal Head 3441 10 EA 1 $2,250.00 $2,250.00
13 3441.1031 Audible Pedestrian Pushbutton Station 3441 10 EA 8 $2,860.00 $22,880.00
14 3441.4005 Install Alum Sign Mast Arm Mount 3441 30 EA 8 $470.00 $3,760.00
15 3441.4006 Install Alum Sign Ground Mount 3441 30 EA 10 $210.00 $2,100.00
16 3441.4007 Install Alum Sin Ex Pole Mount 3441 30 EA 10 $470.00 $4,700.00
17 3441.1232 Install Radar Presence Detection Device 3441 10 EA 4 $18,640.00 $74,560.00
18 3441.1235 Install Radar Cable 3441 10 LF 160 $12.50 $2,000.00
19 3441.1011 Ped Signal Head Assmbly 3441 10 EA 8 $1,215.00 $9,720.00
20 3441.1502 Ground Box Type B,w/A ron 3441 10 EA 28 $374.29 $10,480.12
21 3441.1623 Furnish/Install Mast Arm 16'-36' 3441 10 EA 1 $4,655 $4,655.00
22 3441.1315 20/C 14 AWG Multi-Conductor Cable 3441 10 LF 110 $6.00 $660.00
23 3441.1311 5/C 14 AWG Multi-Conductor Cable 3441 10 LF 615 $7.00 $4,305.00
24 3441.1322 3/C 14 AWG Multi-Conductor Cable 3441 10 LF 1065 $4.00 $4,260.00
25 3441.1414 NO 8 Bare Elec Condr 3441 10 LF 80 $340.00 $27,200.00
26 13441.1312 7/C 14 AWG Multi-Conductor Cable .3441 10 ILF 1355 1$8.00 $2,840.00
TOTAL UNIT V:ILLUMINATION IMPROVEMENTS $1,432,055.16
Bid Summary
UNIT 1:WATER IMPROVEMENTS $1,010,229.00
UNIT It:SANITARY SEWER IMPROVEMENTS $449,890.79
UNIT III:PAVING IMPROVEMENTS $2,079,971.23
UNIT IV:DRAINAGE IMPROVEMENTS $1,418,449.00
UNIT V:ILLUMINATION IMPROVEMENTS $1,432,055.16
Total Construction Bidl $6,390,595.18
This Bid is submitted by the entity named below:
BIDDER: BY:John R.Burl
Commerce Construction Company /p
131 E.Exchange Ave Suite 220 1 r- L .I� A. L d
T Ft.North,TX 76164 TILE; QE�+sldent 'C .�
r
DATE:8/24/2022 t_/
Contractor agrees to complete WORK for FINAL ACCEPTANCE within 240 working 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 00 42 43_Bid Proposal-Majestic Silver Creek.xlsm