HomeMy WebLinkAboutContract 54056 Received Date:
Jun 24, 2020
Received Time: 9°19 AM
Developer and Project Information Cover Sheet:
Developer Company Name: Schwob Building Company,Ltd.
Address, State,Zip Code: 2349 Glenda Ln. Dallas,Texas 75229
Phone&Email: (972)243-7674 1 erickson@schwob.com
Authorized Signatory,Title: Andrew Erickson I General Partner
Project Name: FM 156 Wilson Tract West
Brief Description: Water
Project Location: FM 156—South of HWY 114
Plat Case Number: None Provided Plat Name: Wilson Addition
Mapsco: None Provided Council District: 7
CFA Number: CFA20-0013 City Project Number: IPRC 19-0225 1102422
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City of Fort Worth,Texas — ___ _. Page 1 of 19
Standard Community Facilities Agreement with City Participation
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City Secretary Number: 54056
STANDARD COMMUNITY FACILITIES AGREEMENT
WITH CITY PARTICIPATION
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 Schwob Building Company, Ltd.
("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 FM 156
Wilson Tract West("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 desires to participate in this Agreement in an amount not to exceed
$372,274.00 to enlarge the scope of the Improvements beyond what Developer is responsible for
constructing or as an economic incentive as authorized by City Council through approval of M&C 20-0380;
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.
CIA Ordinance
The Community Facilities Agreements Ordinance("CFA Ordinance"),as amended,is incorporated
into this Agreement by reference, as if it was fully set forth herein. Developer agrees to comply with all
provisions of the CFA Ordinance in the performance of Developer's duties and obligations pursuant to this
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Agreement and to cause all contractors hired by Developer to comply with the CFA Ordinance in
connection with the work performed by the contractors. If a conflict exist between the terms and conditions
of this Agreement and the CFA Ordinance,the CFA Ordinance shall control.
2.
Incorporation of Engineering Plans
The engineering plans for the Improvements that have been approved by the City (`Engineering
Plans")are incorporated into this Agreement by reference as if fully set out herein. Developer shall provide
at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to
construct the Improvements required by this Agreement.
3.
Description of Improvements; Exhibits and Attachments
The following exhibits describe the general location, nature and extent of the Improvements that
are the subject of this Agreement and are attached hereto and incorporated herein by reference:
® Exhibit A: Water
❑ Exhibit A-1: Sewer
❑ 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 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. If the Improvements are not
completed at the end of the Term, and any Extension Periods, there will be no further obligation
for City Participation to be paid to the Developer.
(b) The City may utilize the Developer's Financial Guarantee to cause the completion of the
construction of the Improvements or to cause the payment of costs for construction of the
Improvements before the expiration of the Term, and any Extension Period, if the Developer
breaches this Agreement,becomes insolvent, or fails to pay costs of construction.
(c) If the Financial Guarantee is a Completion Agreement and the Developer's contractors or suppliers
are not paid for construction costs or materials supplied for the Improvements the contractors and
suppliers may place a lien upon any property which the City does not have an ownership interest
that is the subject of the Completion Agreement.
(d) Nothing contained herein is intended to limit the Developer's obligations under the CFA
Ordinance, this Agreement, the Financial Guarantee, Developer's agreements with Developer's
contractors,or other related agreements.
8.
Termination
If Developer desires to terminate this Agreement before Developer's contractors begin
constructing the Improvements, Developer agrees to the following:
(a) that Developer and City must execute a termination of this Agreement in writing;
(b) that Developer will vacate any final plats that have been filed with the county where the Project
is located; and
(c) to pay to the City all costs incurred by the City in connection with this Agreement, including
time spent by the City's inspectors at preconstruction meetings.
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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.
(h) Developer shall ensure the contractors are paid the City's wage rates in effect during construction
of the Improvements.
10.
Utilities
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Developer shall cause the installation or adjustment of utilities required to: (1) serve the Project;
and (2) to construct the Improvements required herein. City shall not be responsible for payment of any
costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with
any of the Improvements to be constructed pursuant to this Agreement.
11.
Easements and Rights-of-Way
Developer agrees to provide,at its expense,all necessary rights-of-way and easements required for
the construction and dedication to the City of the Improvements provided for by this Agreement.
12.
Liability and Indemnification
(a) DEVELOPER HEREBY RELEASES AND AGREES TO INDEMNIFY, DEFEND AND
HOLD THE CITY HARMLESS FOR ANY INADEQUACIES IN THE PRELIMINARY
PLANS, SPECIFICATIONS, ENGINEERING PLANS, AND COST ESTIMATES
SUPPLIED BY THE DEVELOPER FOR THIS AGREEMENT.
(b) THE DEVELOPER COVENANTS AND AGREES TO,AND BY THESE PRESENTS DOES
HEREBY FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS
OFFICERS,AGENTS AND EMPLOYEES FROM ALL SUITS,ACTIONS OR CLAIMS OF
ANY CHARACTER, WHETHER REAL OR ASSERTED,BROUGHT FOR OR ONACCOUNT
OFANYINJURIES OR DAMAGES SUSTAINED BYANYPERSONS,INCLUDINGDEATH,
OR TO ANY PROPERTY, RESULTING FROM OR IN CONNECTION WITH THE
CONSTRUCTION, DESIGN,PERFORMANCE OR COMPLETION OF ANY WORK TO BE
PERFORMED BY SAID DEVELOPER, ITS CONTRACTORS, SUBCONTRACTORS,
OFFICERS, AGENTS OR EMPLOYEES, OR IN CONSEQUENCE OF ANY FAILURE TO
PROPERLY SAFEGUARD THE WORK, OR ONACCOUNT OFANYACT,INTENTIONAL
OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID DEVELOPER, ITS
CONTRACTORS, SUB-CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES,
WHETHER OR NOT SUCHINJURIES,DEATH OR DAMAGESARE 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
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MANNER, FREE FROM DEFECTS,IN CONFORMANCE WITH THE CFA ORDINANCE,
AND INACCORDANCE WITH ALL PLANS AND SPECIFICATIONS.
13.
Right to Enforce Contracts
Upon completion of all work associated with the construction of the Improvements,Developer will
assign to the City a non-exclusive right to enforce the contracts entered into by Developer with its
contractors,along with an assignment of all warranties given by the contractors,whether express or implied.
Further,Developer agrees that all contracts with any contractor shall include provisions granting to the City
the right to enforce such contracts as an express intended third party beneficiary of such contracts.
14.
Estimated Fees Paid by Developer; Reconciliation
Prior to execution of this Agreement, Developer has paid to the City the estimated cost of
administrative material testing service fees, construction inspection service fees,and water testing lab fees
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 party by hand-
delivery or by mail, addressed to such party at the address stated below. Any notice so given shall be
deemed to have been received when deposited in the United States mail so addressed with postage
prepaid:
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CITY: DEVELOPER:
Development Coordination Office Schwob Building Company,Ltd.
City of Fort Worth 2349 Glenda Lane
200 Texas Street Dallas, Texas 75229
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
Or to such other address one party may hereafter designate by notice in writing addressed and
mailed or delivered to the other party hereto.
17.
Right to Audit
Developer agrees that, until the expiration of three (3) years after acceptance by the City of the
Improvements constructed pursuant to this Agreement, that the City shall have access to and the right to
examine any directly pertinent books, documents, papers and records of the Developer involving
transactions relating to this Agreement. Developer agrees that the City shall have access during normal
working hours to all necessary Developer facilities and shall be provided adequate and appropriate
workspace in order to conduct audits in compliance with the provisions of this section. The City shall give
Developer reasonable advance notice of intended audits.
Developer further agrees to include in all contracts with Developer's contractors for the
Improvements a provision to the effect that the contractor agrees that the City shall,until the expiration of
three(3)years after final payment under the contract,have access to and the right to examine any directly
pertinent books, documents,papers and records of such contractor, involving transactions to the contract,
and further,that City shall have access during normal working hours to all of the contractor's facilities,and
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
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all rights and privileges and work performed under this Agreement, and not as agents, representatives or
employees of the City. Subject to and in accordance with the conditions and provisions of this Agreement,
Developer shall have the exclusive right to control the details of its operations and activities and be solely
responsible for the acts and omissions of its employees, representatives, agents, servants, officers,
contractors, subcontractors, and volunteers. Developer acknowledges that the doctrine of respondeat
superior shall not apply as between the City and its officers, representatives, agents, servants and
employees, and Developer and its employees, representatives, agents, servants, officers, contractors,
subcontractors, and volunteers. Developer further agrees that nothing herein shall be construed as the
creation of a partnership or joint enterprise between City and Developer. It is further understood that the
City shall in no way be considered a co-employer or a joint employer of Developer or any employees,
representatives, agents, servants, officers, contractors, subcontractors, and volunteers of Developer.
Neither Developer, nor any officers, agents, servants, employees or subcontractors of Developer shall be
entitled to any employment benefits from the City. Developer shall be responsible and liable for any and
all payment and reporting of taxes on behalf of itself, and any of employees, representatives, agents,
servants, officers, contractors, subcontractors,and volunteers.
The City, through its authorized representatives and employees, shall have the sole and exclusive
right to exercise jurisdiction and control over City employees.
19.
Applicable Law; Venue
This Agreement shall be construed under and in accordance with Texas law. Venue shall be in
the state courts located in Tarrant County, Texas or the United States District Court for the Northern
District of Texas,Fort Worth Division.
20.
Non-Waiver
The failure of the City to insist upon the performance of any term or provision of this Agreement
or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent
of City's right to assert or rely on any such term or right on any future occasion.
21.
Governmental Powers and Immunities.
It is understood that by execution of this Agreement, the City does not waive or surrender
any of its governmental powers or immunities.
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
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court of competent jurisdiction, the invalidity of such clause or provision shall not affect any of the
remaining provisions hereof.
24.
Review of Counsel
City and Developer, and if they so choose,their attorneys,have had the opportunity to review
and comment on this document;therefore any rule of contract construction or interpretation that would
normally call for the document to be interpreted as against the drafting party shall not apply in
interpretation of this Agreement, and each section, portion, and provision of this Agreement shall be
construed solely on the basis of the language contained therein, regardless of who authored such
language.
25.
Prohibition on Boycotting Israel
Developer acknowledges that in accordance with Chapter 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 term"boycott Israel"has
the meaning ascribed to it by Section 808.001 of the Texas Government Code. The term"company"has
the meaning ascribed to it by Section 2270.001 of the Texas Government Code. To the extent that Chapter
2270 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 (1-9). 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'SEMPLOYEES,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.
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.
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28.
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.
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
original,but which together will constitute one instrument.
33.
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.
34.
City Participation; Fiscal Funding Limitation
(a) The City shall reimburse Developer for the City Participation after presentation of proper
documentation by Developer to the City that the Improvements have been constructed and accepted
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by the City and all contractors and material suppliers have been paid.
(b) In the event no funds or insufficient funds are appropriated and budgeted or are otherwise
unavailable by any means whatsoever in any fiscal period for payments due under this Agreement,
then the City will immediately notify Developer of such occurrence and this Agreement shall be
terminated on the last day of the fiscal period for which appropriations were received without
penalty or expense to the City of any kind whatsoever, except to the portions of annual payments
herein agreed upon for which funds shall have been appropriated.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
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35.
Cost Summary Sheet
Project Name: Wilson Addition
CFA No.: CFA2O-0013 IPRC No.: IPRC19-0225 City Project No.: 102422
Items Developer's Cost City's Cost Total Cost
A. Water and Sewer Construction
1. Water Construction $ 43,079.00 $ 289,359.00 $ 332,438.00
2.Sewer Construction $ - $ - $ -
Water and Sewer Construction Total $ 43,079.00 $ 289,359.00 $ 332,438.00
B. TPW Construction
1.Street $ - $ - $ -
2.Storm Drain $ - $ - $ -
3.Street Lights Installed by Developer $ - $ - $ -
4. Signals $ - $ - $ -
TPW Construction Cost Total $ - $ - $ -
Total Construction Cost(excluding the fees): $ 43,079.00 $ 289,359.00 $ 332,438.00
Estimated Construction Fees:
C. Construction Inspection Service Fee $980.00 $11,270.00 $12,250.00
D. Administrative Material Testing Service Fee $67.00 $766.00 $833.00
E. Water Testing Lab Fee $156.00 $1,794.00 $1,950.00
F.Engineering Design $0.00 $25,681.00 $25,681.00
Total Estimated Construction Fees: $ 1,203.00 $39,511.00 $40,714.00
TOTAL PROJECT COST $ 44,282.00 $ 328,870.00 $ 373,152.00
Choice
Financial Guarantee Options,choose one Amount Mark one
Bond=100% $ 43,079.00 X
Completion Agreement=100%/Holds Plat $ 43,079.00
Cash Escrow Water/Sanity Sewer-125% $ 53,848.75
Cash Escrow Paving/Storm Drain=125% $ -
Letter of Credit=125% $ 53,848.75
City of Fort Worth,Texas Page 13 of 19
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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
Schwob Building Company,Ltd.
By: Schwob Corporation
It's General Partner
tl"ta-LW6cda
Dana Burghdoff( n 23,20 12
Dana Burghdoff ,l,lzl����
Assistant City Manager Andrew Erickson(Jun 22,202014:09 CDT)
Jun 23 2020 Andrew Erickson
Date: President
Recommended by: Date: Jun 22, 2020
Evelyn Roberts/Jennifer Ezernack
Project Assistant
Development Services Department
Approved as to Form&Legality:
Richard A.McCracken(Jun 23,202012:27 CDT)
Richard A.McCracken
Sr.Assistant City Attorney Contract Compliance Manager:
M&C No.20-0380 By signing,I acknowledge that I am the person
responsible for the monitoring and
Date: 6/4/20 administration of this contract,including
Form 1295: 2020-615398 ensuring all performance and reporting
requirements.
ATTEST: a y
�. I { Evelyn Ft6berts on behalf of(Jun 22,2020 15:25 C )
�sjy'a
lvlt�� � r' =r Laurie Lewis
Mary J.Kayser/Ronald ales ,� Interim Development Manager
City Secretary/Assista 1 a1QZ,Se r f°�, ' �
l „ 3
i
City of Fort Worth,Texas Page 14 of 19
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The following attachments are incorporated into this Agreement. To the extent a
conflict exists between the main body of this Agreement and the following attachments, the
language in the main body of this Agreement shall be controlling.
Included Attachment
® Attachment 1 -Changes to Standard Community Facilities Agreement
❑ Attachment 2—Phased CFA Provisions
® Attachment 3 —Concurrent CFA Provisions
® Location Map
® Exhibit A: Water Improvements
❑ Exhibit 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 15 of 19
Standard Community Facilities Agreement with City Participation
Rev.4/2/20
ATTACIEMENT"I"
Changes to Standard Community Facilities Agreement
City Project No. 102422
None
City of Fort Worth,Texas Page 16 of 19
Standard Community Facilities Agreement with City Participation
Rev.4/2/20
ATTACHMENT "2"
Concurrent CFA Provision
City Project No. 102422
The improvements being constructed by Developer pursuant to this Agreement will
connect to improvements being constructed by HRUS Alliance LLC under a separate Community
Facilities Agreement, City Secretary Contract No. 53009 (hereinafter the "Separate CFA").
Developer has requested and the City has agreed to allow Developer to begin the construction of
the improvements contained in this Agreement before the improvements being constructed under
City Secretary Contract No. 53009 are completed and accepted by the City. Therefore, this
Agreement shall be considered a "Concurrent CFA" and the provision contained in this
Attachment shall apply to this Agreement.
The improvements being constructed under the Separate CFA shall be defined as the
"Primary Project." The improvements being constructed by Developer under this Agreement shall
be defined as the "Secondary Project."
Developer acknowledges and agrees that due to Developer's election to construct a
Concurrent CFA, the potential exists for technical, delivery, acceptance or performance problems
(hereinafter "Construction Problems"). Construction Problems may include, but are not limited
to: failure of the improvements to comply with the approved plans or City Specifications; failure
of the improvements in the Primary Project and the Secondary Project to properly connect to each
other;changes to the design or construction of the improvements in the Primary Project that impact
the design and construction of the improvements in the Secondary Project; construction delays,
delay claims, or claims for liquidated damages; increased costs for the Developer or the developer
of the Primary Project; failure of the improvements to pass inspection or material testing; or
rejection by the City of some or all of the improvements and Developer or the developer of the
Primary Project having to remove and reconstruct the improvements at the expense of Developer,
developer of the Primary Project, or both. In addition, Developer understands and agrees that
disputes may arise between the contractors or subcontractors for the Primary Project and the
contractors or subcontractors for the Secondary Project relating to responsibility for the
Construction Problems. Developer shall be solely responsible for resolving disputes between
contractors, disputes between contractors and subcontractors and disputes between Developer and
the developer of the Primary Project.
Developer acknowledges and certifies that Developer has entered into a written agreement
with the developer of the Primary Project and said agreement: (1) provides Developer with any
access needed through property owned by the developer of the Primary Project; (2)that Developer
and the developer of the Primary Project shall resolve all disputes regarding the design and
construction of the Primary Project and the Secondary Project;and(3)the developer of the Primary
Project will notify Developer of any all changes to the design or construction of the improvements
in the Primary Project, including any field changes.
Developer further acknowledges and agrees that Developer has notified all of Developer's
contractors for the Project that Developer has elected to construct a Concurrent CFA, the
provisions of this Attachment, the risks associated with a Concurrent CFA, and that the City shall
City of Fort Worth,Texas Page 17 of 19
Standard Community Facilities Agreement with City Participation
Rev.4/2/20
not bear any responsibility for construction of the improvements or Developer's decision to
proceed with a Concurrent CFA.
Developer shall not make the final connection of the improvements in the Secondary
Project to the improvements in the Primary Project until the improvements in the Primary Project
have been constructed and accepted by the City and the City has consented to Developer making
the connection.
Developer agrees that if this Agreement is for improvements relating to the construction,
renovation or modification of one or more single family residential homes or structures, the City
will not record the plat related to the Project until the improvements are constructed and accepted
by the City. Developer agrees that if this Agreement is for improvements relating to the
construction, renovation or modification of one or more commercial buildings or structures, the
Developer shall not receive a Certificate of Occupancy from the City for the building(s)related to
the Project until the improvements in this Agreement are constructed and accepted by the City.
Developer further understands and agrees that completion of the improvements under this
Agreement does not entitle Developer to obtain a final plat of the property until all other
requirements of Federal law, State law, or the City Code relating to the filing and recording of a
final plat have been met by Developer.
BY CHOOSING TO CONSTRUCT A CONCURRENT CIA, DEVELOPER
ASSUMES ALL RISKS AND DEVELOPER SHALL BE LIABLE AND RESPONSIBLE
FOR ANYANDALL DAMAGES,INCL UDINGBUTNOTLIIVIITED TO,ANYAND ALL
ECONOMICDAIVIAGES,PROPERTYLOSS,PROPERTYDAIVIAGESANDPERSONAL
INJURY(INCLUDING DEATH OFANYKIND OR CHARACTER, WHETHER REAL
OR ASSERTED. DEVELOPER HEREBYEXPRESSLYRELEASESAND DISCHARGES
CITY FROM ANY AND ALL LIABILITY FOR DAMAGES, INCLUDING, BUT NOT
LIMITED TO, ANY AND ALL ECONOMIC DAMAGES, PROPERTY LOSS,
PROPERTY DAMAGE AND PERSONAL INJURY (INCLUDING DEATH ARISING
OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE
CONSTRUCTION OF THE IMPROVEMENTS OR DEVELOPER'S DECISION TO
CONSTRUCT A CONCURRENT CIA. DEVELOPER, AT ITS SOLE COST AND
EXPENSE,AGREES TO AND DOES HEREBYINDEMNIFY,DEFEND,PROTECT,AND
HOLD HARMLESS CITY, AND CITY'S OFFICERS, REPRESENTATIVES, AGENTS,
EMPLOYEES,AND SER VANTS FOR,FROMAND A GAINST ANYAND ALL CLAIMS
(WHETHER AT LA W OR INEQUITI9, LIABILITIES, DAMAGES(INCLUDING ANY
AND ALL ECONOMIC DAMAGES, PROPERTY LOSS, PROPERTY DAMAGES AND
PERSONAL INJURIES INCL UDING DEA TH),LOSSES,LIENS, CAUSES OFACTION,
SUITS,JUDGMENTS AND EXPENSES(INCLUDING,BUTNOTLBHTED TO, COURT
COSTS, ATTORNEYS'FEES AND COSTS OF INVESTIGATION), OF ANY NATURE,
KIND OR DESCRIPTION ARISING OR ALLEGED TO ARISE BY OR IN ANY WAY
RELEATED TO CONSTRUCTION OF THE IMPROVEMENTS OR DEVELOPER'S
CHOICE TO CONSTRUCT A CONCURRENT CIA, OR (2) BY REASON OF ANY
OTHER CLAIM WHATSOEVER OF ANY PERSON OR PARTY OCCASIONED OR
ALLEGED TO BE OCCASIONED IN WHOLE OR INPART BY THE CONSTRUCTION
OF THE IMPROVEMENTS OR DEVELOPER'S CHOICE TO CONSTRUCT A
City of Fort Worth,Texas Page 18 of 19
Standard Community Facilities Agreement with City Participation
Rev.4/2/20
CONCURRENT CFA, WHETHER OR NOT SUCH INJURIES DEATH OR DAMAGES
ARE CA USED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE
CITY OF FOR T WORTH,ITS OFFICERS, SERVANTS OR EMPLOYEES.
By signing below, Developer certifies that all statements contained in this Attachment"T'
Concurrent CFA Provision are true and correct.
DEVELOPER:
Schwob Building Company, Ltd.
By: Schwob Corporation
It's General Partner
1411d1-2Gt/15n%G(folf
Andrew Erickson(Jun 23,202012:17 CDT)
Andrew Erickson
President
City of Fort Worth,Texas Page 19 of 19
Standard Community Facilities Agreement with City Participation
Rev.4/2/20
� I1
1T4
Ell zabet hia 4V n
PROJECT LOCATION
�lias�et
LOCATION MAP
N SCALE : N.T.S.
COUNCIL DISTRICT No.7
MAPSCO PG.642T
CPN 102422
WATER DEVELOPER: P E LOTO N
OB 0 NORTH 150' IMPROVEMENTS S CO PANYLTD BUILDING nu, LAND SOLUTIONS
2349 GLENDA LN, 9800 HILSUITE PARKWAY
FM-156 WILSON WEST, LOT 1 DALLAS,TX 75229 SUITE 250
FORT WORTH,TX
7
GRAPHIC SCALE DATE: 1 0/1 612 0 1 9 PHONE:(972)243-7674 PHONE:817-562-3350
SSAE DEVELOPMENT,LLC
DOC#119419
WILSON TRACT,LOT 1 1
11
l
0 BLOW-OFF
ASSEMBLY
o o ZE?\ r
W P
.24"WATER LINE _ =
r
J
SSAE DEVELOPMENT,LLC
DOC#119419
LEGEND
PROPOSED WATER LINE
EXISTING WATER LINE
EXHIBIT A - WATER CPN 102422
WATER DEVELOPER: P E LOTO N
S
0 NORTH 150' IMPROVEMENTS CO PANYLTD BUILDING nu, LAND SOLUTIONS
2349 GLENDA LN, 9800 HILSUITE PARKWAY
FM-156 WILSON WEST, LOT 1 DALLAS,TX 75229 SUITE 250
FORT WORTH,TX
7
GRAPHIC SCALE DATE: 1 0/1 612 0 1 9 PHONE:(972)243-7674 PHONE:817-562-3350
00 42 43
DAP-BID PROPOSAL
Pagel of2
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Specification Unit of 1
Item No. Description Section No. Measure Quant Unit Price Bid Value
ity
UNIT I:WATER IMPROVEMENTS
1 0170.0100 Mobillization _ 01 7000 LS 1 $15,000.00 $15,000.00
2 3110.0101 Site Clearing 31 1000 LS 1 $10,000.00 $10,000.00
3 3305.0109 Trench Safety 33 05 10 LF 1018 $1.00 $1,018.00
4 3311.0001 Ductile Iron Water Fittings w/Restraint 3311 11 TON 2.7 $11,500.00 $31,050.00
5 3311.0461 12"PVC Water Pipe 3311 12 LF 26 $75.00 $1,950.00
6 3311.0661 24"PVC C905 Water Pie 3311 12 LF 992 $110.00 $109,120.00
7 3312.0108 Connection to Existing 24"Water Main 33 12 25 EA 1 $5,500.00 $5,500.00
8 3312.2203 2"Water Service 33 12 10 EA 1 $2,000.00 $2,000.00
9 3312.2801 3"Water Meter and Vault 33 12 11 EA 1 $24,000.00 $24,000.00
10 3312.3005 12"Gate Valve 33 12 20 EA 2 $2,500.00 $5,000.00
11 3312.3008 24"Gate Valve w/Vault 33 12 20 EA 3 $35,000.00 $105,000.00
12 3312.6003 8"Blow Off Valve 33 12 60 EA 1 $14,000.00 $14,000.00
13 0171.0101 Construction Staking LS 1
1 $2,800.00 $2,800.00
14 3125.0101 SWPPP>1 acre 31 25 00 LS 1 $6,000.00 $6,000.00
TOTAL UNIT I:WATER IMPROVEMENTS $332,438.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form version May 22,2019 00 42 43_Bid Proposal_DAP.xls
00 42 43
DAP-BID PROPOSAL
SECTION 00 42 43 Page 2or2
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Specification Unit of
No. Description Section No. Measure ity
Quant Unit Price Bid Value
Bid Summary
UNIT I:WATER IMPROVEMENTS
Total Construction Bid 7O
This Bid is submitted by the entity named below:
BIDDER: Jackson Construction,Ltd. BY: Troy L.Jackson
5112 Sun Valley Dr.
Fort Worth,Texas 76119
TITLE: Presid t
DATE: ApriL16,2020
Contractor agrees to complete NORK for FINAL ACCEPTANCE within 015 working days after the date when the
CONTRACT commences to run as provided in the General Conditions.
i
' END OF SECTION
I
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CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
00 42 43_Bid Proposal_DAP.xls
Form Version Map 22,2a19
1
SCHWOB BUILDING COMPANY
FM156 WILSON TRACT WEST
i Fort Worth,Texas
Jackson Construction,Ltd.has EXCLUDED the following from our Bid Proposal:
State&city permits,inspection fees
Geotechnical construction testing
Seeding,sodding,curlex blanket
Jackson Construction,Ltd.has INCLUDED the following in our Bid Proposal:
Payment,Performance&Maintenance Bonds
Construction barricades&traffic control
Utility locates for our work
Cleanup for final acceptance,haul off-site all JCL debris
OUR PRICING IS SOLELY BASED ON INSTALLING THE 24" WATER MAIN AHEAD OF ANY CONCRETE
PARKING LOT PAVEMENT WORK.
Jackson Construction,Ltd.will hold the above pricing for 30 calendar days from today's date. We appreciate the opportunity to
offer this proposal and hope we are the successful bidder. If we can be of further assistance please do not hesitate to call.
it
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Page 2 of 2
7/2/2020 M&C Review
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORTTII
DATE: 6/2/2020 REFERENCE**M&C 20- LOG NAME: 60WILSON TRACT WEST WATER
NO.: 0380 MAIN OVERSIZING
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT. Authorize Execution of a Community Facilities Agreement with Schwob Building
Company, with City Participation in an Amount Not to Exceed $372,274.00 for
Engineering Design and Oversizing an 8-inch Water Main to a 24-inch Water Main in the
Vicinity of FM 156 and Highway 114 to Serve the Wilson Tract West Addition and Future
Growth in North Fort Worth (COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a Community Facilities
Agreement with Schwob Building Company with city participation in an amount not to exceed
$372,274.00 for the engineering design and oversizing of an 8 inch water main to a 24-inch Water
Main, in the vicinity of FM 156 and Highway 114 to serve the Wilson Tract West Addition and future
growth in north Fort Worth (City Project Number 102422).
DISCUSSION:
Schwob Building Company(Developer) is constructing the Wilson Tract West Addition
(Development) located south of Highway 114 and west of Interstate 35W on FM 156. The
Development requires an 8-inch water main to serve the site. The Water Department would like to cost
participate in the engineering design and construction cost to oversize the 8-inch water main to a 24-
inch water main to serve anticipated future development in the surrounding area. The Water
Department will pay 92\% of the construction items that will be oversized. (City Project No.102422)
(Accela System Record IPRC19-0255).
Construction of the water main will be publicly bid. The City's cost participation is estimated to be in an
amount not to exceed $372,274.00 as shown in the table below:
A. 24 inch Water Line Developer City Cost Total Cost
Construction Cost I
1. Water 1$43,079.00 $289,359.00 $332,438.00
2. Sewer $0 $0 $0
Contingency 15\% $6,462.00 $43,404.00 $49,866.00
B. Inspection Fee $223.00 $2,560.00 $2,783.00
Material Testing Fee $980.00 �11,270.00 $12,250.00
Engineering Design Iso �25,681.00 1$25,681.00
Total Project Cost $50,744.00 $372,274.00 $423,018.00
The reimbursement of the participation, excluding inspection and material testing fees, is not a lump-
sum amount and may be less than the stated amount depending upon the actual quantities and unit
prices from the Notice of Final Completion package, commonly referred to as the Green Sheet
package.
This development is located in Council District 7.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are currently available in the Water& Sewer Commercial
Paper(W&S Commercial Paper) Fund within the Programmable CFA Bucket project, as previously
appropriated, and will be available in the W&S Commerical Paper fund for the CFA Wilson Tract West
apps.cfwnet.org/council_packet/mc_review.asp?ID=27948&councildate=6/2/2020 1/2
7/2/2020 M&C Review
project to support the approval of the above recommendation and award of the contract. Prior to an
expenditure being incurred, the Water Department has the responsibility of verifying the availability of
funds.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
I ID ID I I Year (Chartfield 2)T
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
Submitted for City Manager's Office by_ Dana Burghdoff(8018)
Originating Department Head: Chris Harder (5020)
Additional Information Contact: Soon Wong (8369)
ATTACHMENTS
Wilson Water Line Overall Water Exhibit.pdf
apps.cfwnet.org/council_packet/mc_review.asp?ID=27948&councildate=6/2/2020 2/2