HomeMy WebLinkAboutContract 54159 Received Date: 07/15/20
Received Time: 2:15 PM
Developer and Project Information Cover Sheet:
Developer Company Name:T
ILMC, Inc
Address, State,Zip Code: 045 Laekland Rd.,Fort Worth,TX,76116
Phone&Email: 817-502-2539,dallenna,lacklandholdings.com
Authorized Signatory,Title: Don Allen ,Secretary
Project Name: Park Drive East
Brief Description: Water, Sewer,Paving, Storm
Project Location: SW Corner of Park Drive and Centerboard Lane
Plat Case Number: PP-018-013 Plat Name: Park Drive East
Mapsco: Council District:
CFA Number: CFA19-0066 City Project Number: 102025
City offort Worth,Texas
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StandardCommunityFacilitiesAgreement-ParkDriveEast ° U. rof�[� E
CFA Official Release Date:02.20.2017
Pagel oft 1
STANDARD COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No. 54159
WHEREAS, VLMC, Inc, ("Developer"), desires to make certain specific improvements
as described below and on the exhibits attached hereto ("Improvements") related to a project
generally described as Park Drive East ("Project") within the City or the extraterritorial
jurisdiction of Fort Worth, Texas("City'); and
WHEREAS, the City has no obligation to participate in the cost of the Improvements or
Project; and
WHEREAS, any future City participation in this CIA is subject to the availability of City
funds and approval by the Fort Worth City Council and shall be memorialized as an amendment
to this Agreement; and
WHEREAS, the Developer and the City desire to enter into this Community Facilities
Agreement ("CIA" or "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:
Ge ne ral Re quire me nts
A. The Policy for the Installation of Community Facilities ('Policy') dated March 2001,
approved by the City Council of the City of Fort Worth, as amended, is hereby incorporated
into this Agreement as if copied herein verbatim. Developer agrees to comply with all
provisions of said Policy in the performance of its duties and obligations hereunder and to
cause all contractors hired by Developer to comply with the Policy in connection with the
work performed by said contractors.
B. Developer shall provide financial security in conformance with paragraph 6, Section II, of
the Policy and recognizes that there shall be no reduction in the collateral until the Project
has been completed and the City has officially accepted the Improvements. Developer
further acknowledges that said acceptance process requires the Developer's contractor(s)
City ofFort Worth,Texas - -
Standard Community Facilities Agreement-Park Drive East
CFA Official Release Date:02.20.2017
Page 2 of11 --
to submit a signed affidavit of bills paid and consent of Surety signed by its surety to
ensure the contractor has paid any sub-contractor(s) and suppliers in full. Additionally,
the contractor will provide in writing that the contractor has been paid in full by Developer
for all the services provided under this contract.
C. 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 the City-approved construction plans,
specifications and cost estimates provided for the Project and the exhibits attached hereto.
D. The following checked exhibits describe the Improvements and are incorporated herein:
Water (A) ®, Sewer (A-1) ®,Paving (B) ®, Storm Drain (13-1) ®, Street Lights & Signs
(C) ❑.
E. The Developer shall award all contracts for the construction of the Improvements in
accordance with Section II,paragraph 7 of the Policy and the contracts shall be administered
in conformance with paragraph 8, Section II, of the Policy. Developer shall ensure its
contractor(s)pays the then-current City-established wage rates.
F. For all Improvements included in this Agreement for which the Developer awards
construction contract(s), Developer agrees to the following:
i To employ a construction contractor who is approved by the director of the
department having jurisdiction over the infrastructure to be constructed, said
contractor to meet City's requirements for being prequalified, insured, licensed and
bonded to do work in public ways and/or prequalified to perform water/wastewater
construction as the case may be.
ii To require its contractor to furnish to the City a payment and performance bond in
the names of the City and the Developer for one hundred percent (100%) of the
contract price of the infrastructure, and a maintenance bond in the name of the City
for one hundred percent (100%) of the contract price of the infrastructure for a
period of two(2) years from the date of final acceptance insuring the maintenance
and repair of the constructed infrastructure during the term of the maintenance
bond. All bonds to be furnished before work is commenced and to meet the
requirements of Chapter 2253, Texas Government Code.
City ofFort Worth,Texas
Standard Community Facilities Agreement-Park Drive East
CFA Official Release Date:02.20.2017
Page3 of11
iii To require the contractor(s) it hires to perform the construction work contemplated
herein to provide insurance equal to or in excess of the amounts required by the
CiVs standard specifications and contract documents for developer-awarded
infrastructure construction contracts. The City shall be named as additional insured
on all insurance required by said documents and same will be evidenced on the
Certificate of Insurance (ACORD or other state-approved form) supplied by the
contractor's insurance provider and bound in the construction contract book.
iv. To require its contractor to give 48 hours advance notice of intent to commence
construction to the City's Construction Services Division so that City inspection
personnel will be available; to require the contractor to allow the construction to be
subject to inspection at any and all times by City inspection forces,to not install or
relocate any sanitary sewer, storm drain, or water pipe unless a responsible City
inspector is present and gives his consent to proceed, and to make such laboratory
tests of materials being used as may be required by the City.
V. To require its contractor to have fully executed contract documents submitted to
the City in order to schedule a Pre-Construction Meeting. The submittal should
occur no less than 10 working days prior to the desired date of the meeting. No
construction will commence without a City-issued Notice to Proceed to the
Developer's contractor.
vi To delay connections of buildings to service lines of sewer and water mains
constructed under this Agreement, if any, until said sewer and water mains and
service lines have been completed to the satisfaction of the Water Department.
G. Developer shall provide at its expense, unless otherwise agreed to by City, all engineering
drawings and documents necessary to construct the improvements under this Agreement.
H. Developer shall cause the installation or adjustment of the required utilities to serve the
development or to construct the Improvements required herein.
I. 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 community facilitie s
to be installed hereunder.
City ofFort Worth,Texas
Standard Community Facilities Agreement-Park Drive East
CFA Official Release Date:02.20.2017
Page 4 of 11
J. Developer hereby releases and agrees to indemnify, defend and hold the City harmless
for any inadequacies in the preliminary plans,specifications and cost estimates supplied
by the Developer for this Agreement.
K. Developer agrees to provide, at its expense, all necessary rights of way and easements across
property owned by Developer and required for the construction of the current and future
improvements provided for by this Agreement.
L. The Developer further 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 orclaims of any character,whetherreal orasserted,brought for
or on account of any injuries or damages sustained by any persons (including 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 consequence of any
failure to properly safeguard the work, or on account 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 damazes are
caused, in whole or in part, by the alleMed nem liken ce of the City of Fort Worth, its
officers,servants, or employees.
M. Developerwill further 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,whetherreal or asserted,brought for or on
account of any injuries or damages to persons or property, including death, resulting
from, or in any way connected with,the construction ofthe infrastructure 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, Developerwill require its contractors to indemnify, and hold harmless the City
for any losses,damages,costs or expenses suffered by the City or caused as a result of
said contractor's failure to complete the work and construct the improvements in a good
and workmanlike manner, free from defects, in conformance with the Policy, and in
accordance with all plans and specifications.
City ofFort Worth,Texas
Standard Community Facilities Agreement-Park Drive East
CFA Official Release Date:02.20.2017
Page 5 of 11
N. 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 the Developer with its contractor along with an assignment of all warranties given by the
contractor, 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.
O. Inspection and material testing fees are required as follows:
i Developer shall pay in cash water and wastewater inspection fees and material
testing fees equal to two percent(2%) for a total of 4% of the developer's share of
the total construction cost as stated in the construction contract.
R Developer shall pay in cash paving and storm drain inspection fees equal to four
percent (4%) and material testing fees equal to two percent (2%) for a total of 6%
of the developer's share of the total construction cost as stated in the construction
contract.
iii Developer shall pay in cash the total cost of streetlights or if the city is not installing
the streetlights, inspection fees equal to four percent (4%) of the developer's share
of the streetlight construction cost as stated in the construction contract.
iv. Developer shall pay in cash the total cost of street signs.
P. COMPLETION WITHIN 2 YEARS
i Developer shall complete the Improvements within two (2) years, provided,
however, if construction of the Improvements has started within the two year
period, the developer may request that the CFA be extended for one additional year.
R Nothing contained herein is intended to limit the Developer's obligations
under the Policy, this Agreement,its financial guarantee, its agreement with
its contractor or other related agreements.
iii The City may utilize the Developer's financial guarantee submitted for this
Agreement to cause the completion of the construction of the Improvements if at
the end of two (2) years from the date of this Agreement(and any extension period)
the Improvements have not been completed and accepted.
iv. 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
City ofFort Worth,Texas
Standard Community Facilities Agreement-Park Drive East
CFA Official Release Date:02.20.2017
Page 6 ofl l
construction of same before the expiration of two (2) years if the Developer
breaches this Agreement, becomes insolvent or fails to pay costs of construction
and the financial guarantee is not a Completion Agreement. If the financial
guarantee is a Completion Agreement and the Developer's contractors and/or
suppliers are not paid for the costs of supplies and/or construction, the contractors
and/or suppliers may put alien upon the property which is the subject of the
Completion Agreement.
Q. 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 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" shall have the meanings ascribed to those terms in Section
808.001 of the Texas Government Code. By signing this contract, 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 the contract.
IMMIGRATION AND NATIONALITY ACT
R. Developer shall verify the identity and employment eligibility of its employees who perform
work under this Agreement, including completing the Employment Eligibility Verification
Form (I-9). Upon request by City, Developer shall provide City with copies of all I-9 forms
and supporting eligibility documentation for each employee who performs work under this
Agreement. Developer shall adhere to all Federal and State laws as well as establish
appropriate procedures and controls so that no services will be performed by any Developer
employee who is not legally eligible to perform such services. DEVELOPER SHALL
INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,
LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY
DEVELOPER, DEVELOPER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. City, upon written notice to Developer, shall have the right to immediately
terminate this Agreement for violations of this provision by Developer.
City ofFort Worth,Texas
Standard Community Facilities Agreement-Park Drive East
CFA Official Release Date:02.20.2017
Page 7 ofl l
Cost Summary Sheet
Project Name:Park Drive East
CFA No.: CFA19-0066 City Project No.: 102025
An Engineer's Estimate of Probable Cost is acceptable. However,the construction contract price
will ultimately determine the amount of CFA fees and financial guarantee. The bid price and
any additional CFA payments will be required prior to scheduling a pre-construction meeting.
An itemized estimate corresponding to each project-specific exhibit is required to support the
following information.
Items Developer's Cost
A. Water and Sewer Construction
1. Water Construction $ 256,298.25
2.Sewer Construction $ 144,470.80
Water and Server Construction Total $ 400,769.05
B. TPW Construction
1.Street $ 3,200.00
2.Storm Drain $ 56,638.00
3.Street Lights Installed by Developer $ -
4. Signals $ -
TPW Construction Cost Total $ 59,838.00
Total Construction Cost(excluding the fees): $ 460,607.05
Construction Fees:
C. Water/Sewer Inspection Fee(2%) $ 8,015.39
D. Water/Sewer Material Testing Fee(2%) $ 8,015.39
Sub-Total for Water Construction Fees $ 16,030.78
E. TPW Inspection Fee(4%) $ 2,393.52
F. TPW Material Testing(2%) $ 1,196.76
G. Street Light Inspsection Cost $ -
H. Signals Inspection Cost $H. Street Signs Installation Cost $ -
Sub-Total for TPW Construction Fees $ 3,590.28
Total Construction Fees: $ 19,621.06
Choice
Financial Guarantee O bons,choose one Amount Mark one
Bond=100% $ 460,607.05
Completion Agreement= 100%/Holds Plat $ 460,607.05 x
Cash Escrow Water/Sanitary Sewer- 125% $ 500,961.31
Cash Escrow Pavin /Storm Drain=125% $ 74,797.50
Letter of Credit= 125%w/2yr expiration period $ 575,758.81
City ofFort Worth,Texas
Standard Community Facilities Agreement-Park Drive East
CFA Official Release Date:02.20.2017
Page 8 of 11
ACCORDINGLY,the City of Fort Worth and Developer have each caused this instrument to be
executed in quadruplicate in each entity's respective name by its duly authorized signatories effective as
of the date executed by the City's City Manager or his/her designee.
CITY OF FORT WORTH DEVELOPER
VLMC, Inc
�CUZCL �L/24���i
Dana Burghdoff(Jul 14,20 5:17CDT)
Dana Burghdoff
Assistant City Manager ,/; IQ#
Date: Jul 14,2020 Don Allen(Jul 14,202009:13 CDT)
Name: Don Allen
Recommended by: Title: Secretary
EveCNrz%Ra%deyH-
Date: Jul 14,2020
Evelyn Moberts(Jul 14,202010:01 CDT)
Evelyn Roberts/Jennifer Ezernack
Project Assistant
Planning and Development Contract Compliance Manager:
By signing, I acknowledge that I am the
person responsible for the monitoring and
Approved as to Form&Legality: administration of this contract, including
ensuring all performance and reporting
requirements.
Richard A.McCracken(Jul 14,202015:10 CDT)
Richard A.McCracken Laurie Lewis
Assistant City Attorney Laurie Lewis(Jut 14,202010:04 CDT)
M&C No. N.A Name: Laurie Lewis
Date: ,y; , Title: Interim Development Manager
Form 1295: N/A
ATTEST:
Mary J. Kayser/Ronald Gonzales ,
City Secretary/Assistant City Secretary
City ofFort Worth,Texas X��C�� L E3ECGD
Standard CommunityFacilities Agreement-ParkDrive East ccpff SECRI EYARV
CFA Official Releas a Date:02.20.2017 IFT \AA10 M,1 s2
Page 9 of 11
Check items associated with the project being undertaken; checked items must be
included as Attachments to this Agreement
Included Attachment
® Attachment 1 -Changes to Standard Community Facilities Agreement
® Location Map
® Exhibit A: Water Improvements
® Exhibit A 1: Sewer Improvements
® Water and Sewer Cost Estimates
® Exhibit B: Paving Improvements
® Paving Cost Estimate
® Exhibit 13-1: Storm Drain Improvements
® Storm Drain Cost Estimate
❑ Exhibit C: Street Lights and Signs Improvements
❑ Street Lights and Signs Cost Estimate
(Remainder of Page Intentionally Left Blank)
City ofFort Worth,Texas
Standard Community Facilities Agreement-Park Drive East
CFA Official Release Date:02.20.2017
Page 10 of 11
ATTACHNUNT "1"
Changes to Standard Agreement
Community Facilities Agreement
City Project No. 102025
None.
City ofFort Worth,Texas
Standard Community Facilities Agreement-Park Drive East
CFA Official Release Date:02.20.2017
Page ll ofll
00 42 43
DAP-BID PROPOSAL
Page I of 2
SECTION 00 42 43
Park Drive East Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Specification Unit of Bid
Description Unit Price Bid Value
No. Section No. Measure Quantity
UNIT I:WATER IMPROVEMENTS
1 3311.0241 8"Water Pipe 3311 12 LF 2891 $29.75 $86 007.25
2 3312.2003 1"Water Service 3312 10 EA 17 $860.00 $14 620.00
3 3312.2203 2"Water Service 3312 10 EA 1 $2 300.00 $2 300.00
4 3312.3003 8"Gate Valve 33 12 20 EA 4 $1 200.00 $4 800.00
5 3312.0001 Fire Hydrant 33 12 40 EA 4 $4 200.00 $16 800.00
6 9999.0000 2"#9800 Automatic Flushing Device(Kupferle 00 00 00 EA 1
Foundry Co.) 1 $4,500.00 $4,500.00
7 3311.0001 Ductile Iron Water Fittings w/Restraint 3311 11 TON 1.2 $8,500.00 $10,200.00
8 3305.0109 Trench Safety 33 05 10 LF 2891 $1.00 $2,891.00
9 3312.0117 Connection to Existing 4"-12"Water Main 33 1225 EA 1 $1,500.00 $1,500.00
10 9999.0000 6"Thick HMAC Pavement Repair 00 00 00 SY 1 14401 $78.25 $112,680.00
TOTAL UNIT I:WATER IMPROVEIVIENLTSI $256,298.25
UNIT II:SANITARY SEWER IMPROVEMENTS
1 3331.4115 8"Sewer Pipe 3331 20 LF 2696 $32.25 $86,946.00
2 3339.1001 4'Manhole 33 39 20 EA 8 $3,800.00 $30,400.00
3 9999.0000 16"Steel Encasement for Utility Pipes 3305 10 LF 20 $125.00 $2,500.00
4 3339.1003 4'Extra Depth Manhole 33 39 20 VF 4 $220.00 $880.00
5 3331.3101 4"Sewer Service 3331 50 EA 16 $650.00 $10 400.00
6 13331.3201 6"Sewer Service 3331 50 1 EA 1 1 $1,500.00 $1,500.00
7 3305.0109 Trench Safety 3201 29 LF 2696 $1.00 $2,696.00
8 3301.0002 Post-CCTV Inspection 3305 10 LF 2696 $2.80 $7,548.80
9 3301.0101 Manhole Vaccum Testing 3301 30 EA 8 $200.00 $1,600.00
TOTAL UNIT II:SANITARY SEWER IMPROVEMENTS $144,470.80
CTTY OF FORT WORTH
STANDARD CONSTRUCTTON SPFCTFTCATTON DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version September I,2015 Bid Proposal_U[ili[ieSMSl
00 42 43
DAP-BID PROPOSAL
Page 2 of 2
SECTION 00 42 43
Park Drive East Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Specification Unit of Bid
Description Unit Price Bid Value
No. Section No. Measure Quantity
UNIT III: DRAINAGE IMPROVEMENTS
1 3341.0103 18"RCP, Class III 3341 10 LF 12 $72.00 $864.00
2 3341.0402 42"RCP, Class III 3341 10 LF 10 $200.00 $2 000.00
3 3341.0409 48"RCP, Class III 3341 10 LF 16 $250.00 $4 000.00
4 3349.7003 6'Drop Inlet 33 49 20 EA 2 $6 300.00 $12 600.00
5 3349.2001 18"Parallel Headwall, 1 pipe 33 49 40 EA 2 $4 900.00 $9 800.00
6 3137.0102 Large Stone Riprap,dry 31 3700 1 SY 140 $95.00 $13 300.00
7 3305.0109 Trench Safety 33 05 10 LF 38 $23.00 $874.00
8 9999.0001 Connect to Existing 42"RCP 00 00 00 EA 1 $1 200.00 $1 200.00
9 3471.0001 Traffic Control 3471 13 LS 1 $12 000.00 $12 000.00
TOTAL UNIT III: DRAINAGE IMPROVEMENTSI $56,638.00
UNIT IV: PAVING IMPROVEMENTS
1 13213.0501 Barrier Free Ramp,Type R-1 32 13 20 1 EA 1 $3 200.00 1 $3 200.00
TOTAL UNIT IV: PAVING IMPROVEMENTS1 $3,200.00
Bid Summary
UNIT I:WATER IMPROVEMENTS $256 298.25
UNIT II:SANITARY SEWER IMPROVEMENTS $144 470.80
UNIT III: DRAINAGE IMPROVEMENTS $56 638.00
UNIT IV: PAVING IMPROVEMENTS $3 200.00
Total Construction Bid $460,607.05
This Bid is submitted by the entity named below:
BIDDER: BY:
D.T.Utflity Contractors,Inc.
2614 Causbie Road
TITLE:
Weatherford,TX 76087 DATE:
Contractor agrees to complete WORK for FINAL ACCEPTANCE within 120 worldng days after the date when the
CONTRACT commences to run as provided in the General Conditions.
END OF SECTION
CTTY OF FORT WORTH
STANDARD CONSTRUCTTON SPF.CTFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version September I,2015 Rid ProposalU[ili[iISAISx
PROJECT
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LOCATION MAP OWNER: PELOTON
NORTH VLMC, INC. I LAND SOLUTIONS
3045 LACKLAND ROAD 9800 HILLWOOD PARKWAY
50
PARK DRIVE EAST FORT WORTH,TX 76116 SUITE T
FORT WORTH, X 76177
T
CITY PROJECT NO.102025 PHONE:817.502.2539
PHONE:817-562-3350
DATE:APRIL,2020
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COMPLETION AGREEMENT —SELF FUNDED
This Completion Agreement ("Agreement"), is made and entered into by and between the
City of Fort Worth, ("City") and VLMC, INC,a Texas Corporation, authorized to do business in
Texas, ("Developer"), effective as of the last date executed by a Party hereto. The City and the
Developer may collectively be called the "Parties".
WITNESSETH:
WHEREAS, the Developer owns that certain tract of real property that contains
approximately 19.964 acres of land located in the City, the legal description of which tract of real
property is marked Exhibit "A" —Legal Description, attached hereto and incorporated herein for
all purposes, ("Property"); and
WHEREAS, the Developer intends to develop the Property as an addition to the City
through plat FP 019-005 or FS<Number>; and
WHEREAS, the Developer and the City have entered into a Community Facilities
Agreement relating to the development, PIONEER POINT, Lots 1-16, Block 15 for Water,
Sanitary Sewer,and Storm Drainage ("Improvements"); and
WHEREAS, the City has required certain assurances that the Developer will cause to be
constructed to City standards the Improvements pursuant to the Community Facilities Agreement;
and
WHEREAS, the Parties desire to set forth the terms and conditions of such
accommodations as are described above.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
hereinafter set forth, it is hereby agreed by and between City and Developer as follows:
1. Recitals. The foregoing recitals are true, correct and complete and constitute the basis for
this Agreement and they are incorporated into this Agreement for all purposes.
2. The Completion Amount. The City and the Developer agree that the Hard Costs(as shown
on Exhibit `B") required to complete the Community Facilities in the aggregate should not
exceed the sum of Four hundred Sixty Thousand Six Hundred-Seven and 051100 Dollars
($460,607.05), hereinafter called the "Completion Amount". Notwithstanding the
foregoing, it is acknowledged that the actual costs of completion of the Community
City of Fort Worth, Texas
Standard Completion Agreement— Self-Funded Revised 09.07.2017 ME
CFA Official Release Date: 07.01.2015
Page Iof11
Facilities may vary as a result of change orders agreed to by the Parties,but such variances
for the purposes of this Agreement shall not affect the Completion Amount as used herein.
City hereby waives the requirement for developer to deposit a financial guarantee of 100%
of the Hard Costs under the CFA Policy.
3. Completion by the Developer. The Developer agrees to complete the Community Facilitie s
and pay all Hard Costs in accordance with City standards, the CFA, the Plat, and the Plans
as approved by the City. For the purposes of this Agreement, the development of the
Property shall be deemed complete upon acceptance by the City of the Community
Facilities pursuant to Section 6, hereof.
4. Satisfaction of the City Requirements. The City agrees that the assurances and covenants
contained in this Agreement satisfy all requirements of the City with respectto Developer's
Financial Guarantee, as described in the CFA Policy, or other requirements for security in
connection with the development of the Property and the completion of the Community
Facilities that are contained in the CFA or in any other agreement relating thereto, and the
City hereby accepts the assurances and covenants contained herein in lieu thereof. To the
extent the CFA irreconcilably conflicts with this Agreement, the provisions of this
Agreement shall control.
5. Termination. This Agreement shall terminate upon the earlier to occur of the following:
(a)acceptance by the City of the Community Facilities; or (b) mutual written agreement of
the Parties.
6. Final Plat. The Parties acknowledge and agree that the City shall hold the final plat of the
Property until the Community Facilities are completed and accepted by the City and all
Hard Costs contractors have been paid, less retainage. Upon acceptance by the City and
receipt of evidence from the Developer showing that all Hard Costs contractors have been
paid, including but not necessarily limited to lien waivers and bills paid affidavits, the City
shall within a reasonable time file the final plat for the Property in the Plat Records of the
county where the Property is located. The purpose of the City retaining the final plat of
the Property as provided herein is to guarantee the Developer's obligations under the CFA
are completed
City of Fort Worth, Texas
Standard Completion Agreement— Self-Funded Revised 09.07.2017 ME
CFA Official Release Date: 07.01.2015
Page 2 of 11
7. Construction Contracts. Developer agrees to include in each Construction contract that it
enters into for the completion of the Community Facilities the following:
A. A statement that the City is not holding any security to guarantee any payment for work
performed on the Community Facilities;
B. A statement that the Property is private property and that same may be subject to
mechanic's and materialman's liens;
C. A requirement that each contractor contracting with the Developer release the City
from any claim that is related to the Property; and
D. A requirement that each contractor contracting with the Developer include in each
subcontract the statements contained in (a), (b) and(c) above.
8. Miscellaneous.
A. Non-Assignment of Agreement. This Agreement may not be assigned by any of the
Parties without the prior written consent of all the other Parties.
B. Notice. Any notice required or permitted to be delivered under this Agreement shall
be deemed received on actual receipt by the appropriate party at the following
addresses:
(i) Notice to the City shall be addressed and delivered as follows:
City of Fort Worth
Planning & Development Department
200 Texas Street
Fort Worth, Texas 76102
Attention: CFA Division
Janie Morales, Development Manager
Email: Janie.Morales@fortworthtexas.gov
Confirmation Number: 817-392-7810
and/or
CFA Division
Email: CFA(a,fortworthtexas.gov
Confirmation Number: 817-392-2025
With a copy thereof addressed and delivered as follows:
City of Fort Worth, Texas
Standard Completion Agreement— Self-Funded Revised 09.07.2017 JLE
CFA Official Release Date: 07.01.2015
Page 3 of 11
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
Attention: Richard A. McCracken
Assistant City Attorney
Confirmation Number: 817-392-7611
(ii) Notice to the Developer shall be addressed and delivered as follows:
VLMC, Inc.
3045 Lackland Rd
Fort Worth, TX 76116
A party may change its address for notice upon prior written notice to the other parties
pursuant to the terms hereof.
C. Texas Law to Apply. This Agreement shall be construed under and in accordance with
the laws of the State of Texas.
D. Parties Bound This Agreement shall be binding upon and inure to the benefit of the
Parties and their respective legal representatives, successors and assigns.
E. Legal Construction. In case any one or more of the provisions contained in this
Agreement shall for any reason is held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other
provision of this Agreement, and this Agreement shall be construed as if such invalid,
illegal, or unenforceable provision had never been contained in this Agreement.
F. Prior Agreements Superseded. This Agreement constitutes the sole and only agreement
of the Parties with respect to the subject matter hereof and supersedes any prior
understandings or written or oral agreements among the Parties concerning the subject
matter hereof.
G. Amendment. This Agreement may only be amended by a written instrument executed
by all of the Parties to this Agreement.
City of Fort Worth, Texas
Standard Completion Agreement— Self-Funded Revised 09.07.2017 JLE
CFA Official Release Date: 07.01.2015
Page 4 of 11
H. Headings. The headings that are used in this Agreement are used for reference and
convenience purposes only and do not constitute substantive matters to be considered
in construing the terms and provisions of this Agreement.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
City of Fort Worth, Texas
Standard Completion Agreement— Self-Funded Revised 09.07.2017 ME
CFA Official Release Date: 07.01.2015
Page 5of11
Executed in quadruplicate in each entity's respective name by its duly authorized signatories
effective as of the date executed by the City's City Manager or his/her designee.
CITY OF FORT WORTH: DEVELOPER:
VLMC, Inc.
Dana Burghdoff(Jul 14,20 5:17 CDT)
Dana Burghdoff Don Allen(Ju114,202009:13CDT)
Assistant City Manager Name: Don Allen
Title: Secretary
Date: Jul 14,2020
Jul 14,2020
Date:
Approved as to Form&Legality:
Contract Compliance Manager
Richard A.McCracken(Jul 14,202015:10 CDT)
Richard A. McCracken By signing, I acknowledge that I am the
Assistant City Attorney vOR person responsible for the monitoring and
;�� �.�,� administration of this contract, including
ATTEST: r`.'�g,`t ensuring all performance and reporting
requirements.
�Q r Laurie Lewis
00 ••'• Laurie Lewis(Jul 14,202010:04 CDT)
Mary J. Kayser
City Secretary �'`' f YY Name: Laurie Lewis
Title: Interim Development Manager
M&C:
Date:
Ci))r-VooE E C 0 R DO
City of Fort Worth, Texasn � 9KRTI[ � F
Standard Completion Agreement— Self-Funded Revised 09.07.2017 JLE
CFA Official Release Date:07.01.2015
Page 6of11
LIST OF EXHIBITS
ATTACHMENT "1"-CHANGES TO STANDARD AGREEMENT
EXHIBIT A- LEGAL DESCRIPTION
EXHIBIT B - APPROVED BUDGET
City of Fort Worth, Texas
Standard Completion Agreement— Self-Funded Revised 09.07.2017 JLE
CFA Official Release Date: 07.01.2015
Page 7of11
ATTACHMENT"1"
Changes to Standard Agreement
Self-Funded Completion Agreement
None
City of Fort Worth, Texas
Standard Completion Agreement— Self-Funded Revised 09.07.2017 JLE
CFA Official Release Date: 07.01.2015
Page 8of11
EXHIBIT A
LEGAL DESCRIPTION
DESCRIPTION OF 19.964 ACRES
BEING A TRACT OF LAND SITUATED IN THE G. WALTER SURVEY,ABSTRACT
NUMBER 1696, AND THE B. THOMAS SURVEY, ABSTRACT NUMBER 1497, CITY OF
FORT WORTH, TARRANT COUNTY,TEXAS, BEING A PORTION OF THAT
REMAINDER TRACT OF LAND DESCRIBED BY DEED TO VLMC, INC. RECORDED IN
INSTRUMENT NUMBER D218233338, COUNTY RECORDS, TARRANT COUNTY.
TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID REMINDER AND BEING IN THE
SOUTH LINE OF THAT TRACT OF LAND DESCRIBED BY DEED TO WORTH IT
TODAY SERIES 4, LLC, RECORDED IN INSTRUMENT NUMBER D217054068, SAID
COUNTY RECORDS;
THENCE S 00°22'02"E, 280.96 FEET, WITH THE EAST LINE OF SAID REMAINDER AND
THE WEST LINE OF CENTERBOARD LANE AS SHOWN ON THE FINAL PLAT
TITLED, LOT 1, BLOCK 1, EAGLE MOUNTAIN - SAGINAW ELEMENTARY SCHOOL
NO. 12, AN ADDITION TO THE CITY OF FORT WORTH,RECORDED IN INSTRUMENT
NUMBER D207073648, SAID COUNTY RECORDS, TO THE NORTHEAST TERMINUS OF
CENTERBOARD LANE AS DEDICATED BY FINAL PLAT TITLED, THE PARKS AT
BOAT CLUB PHASE 3A,AN ADDITION TO THE CITY OF FORT WORTH, RECORDED
IN CABINET"A", SLIDE 11979, SAID COUNTY RECORDS;
THENCE S 89°41'04"W, AT 29.70 FEET THE NORTHWEST TERMINUS OF SAID
CENTERBOARD LANE DEDICATION,IN ALL 1088.98 FEET, TO THE NORTHWEST
CORNER OF LOT 22, BLOCK 7, SAID PARKS AT BOAT CLUB PHASE 3A AND THE
NORTHEAST CORNER OF LOT 34, BLOCK 8, THE PARKS AT BOAT CLUB,AN
ADDITION TO THE CITY OF FORT WORTH, RECORDED IN INSTRUMENT NUMBER
D219040788, SAID COUNTY RECORDS;
THENCE WITH THE SOUTH LINE OF SAID REMAINDER AND THE NORTH LINE OF
SAID PARKS AT BOAT CLUB, THE FOLLOWING BEARINGS AND DISTANCES:
S 89°39'20"W, 223.10 FEET;
S 83°12'31"W, 356.12 FEET;
S 89°39'28"W, 359.00 FEET;
S 00°21'55"E, 215.49 FEET;
City of Fort Worth, Texas
Standard Completion Agreement— Self-Funded Revised 09.07.2017 JLE
CFA Official Release Date: 07.01.2015
Page 9 of 11
S 89°39'21'W, 479.79 FEET;
N 00°21'55'W, 227.50 FEET;
S 89°35'19'W, 75.06 FEET;
THENCE N 00°20'21'W, 280.05 FEET, DEPARTING SAID COMMON LINE,TO THE
NORTH LINE OF SAID REMAINDER, THE BEGINNING OF A NON-TANGENT CURVE
TO THE RIGHT;
THENCE WITH SAID NON-TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF
15.14 FEET, THROUGH A CENTRAL ANGLE OF O1°34'56", HAVING A RADIUS OF
548.14 FEET, THE LONG CHORD WHICH BEARS
N 87°20'43"E, 15.14' FEET;
THENCE N 00°00'31"E, 28.03 FEET, TO THE APPROXIMATE CENTERLINE OF PARK
ROAD(A PAVED AND TRAVELED ROADWAY OF UNDETERMINED WIDTH);
THENCE N 89°39'39"E, 2564.37 FEET, WITH SAID PARK DRIVE AND THE NORTH LINE
OF SAID REMAINDER, TO THE POINT OF BEGINNING AND CONTAINING 19.964
ACRES OR 869,651 SQUARE FEET OF LAND MORE OR LESS.
City of Fort Worth, Texas
Standard Completion Agreement— Self-Funded Revised 09.07.2017 JLE
CFA Official Release Date: 07.01.2015
Page 10of11
EXHIBIT B
APPROVED BUDGET
Section I
Water $256,298.25
Sewer $144,470.80
Sub-total $400,769.05
Section II
Interior Streets $3,200.00
Storm Drains $56,638.00
Sub-total $59,838.00
$48
Section III
Street Lights $0.00
Sub-total $0.00
TOTAL $460,607.05
City of Fort Worth, Texas
Standard Completion Agreement— Self-Funded Revised 09.07.2017 ME
CFA Official Release Date:07.01.2015
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