HomeMy WebLinkAboutContract 56625 Received Date: Nov 10,2021
Received Time: 12:57 pm
Developer and Project Information Cover Sheet:
Developer Company Name: 815 Commerce LLC
Address, State,Zip Code: 3 Sugar Creek Center Blvd. Suite 100, Sugar Land, TX.77478
Phone &Email: 501-213-5013,Kunal.modyka,blueprinthospitali .com
Authorized Signatory, Title: Kunal Mody,Chief Executive Officer
Project Name: Fort Worth Hotel—Le Meridien
Brief Description: Water, Sewer,Paving, Street Lights
Project Location: 815 Commerce Street
Plat Case Plat Name:
Number:
Mapsco: Council District: 9
CFA Number: CFA21-0089 City Project Number: 103506
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City Contract Number: 56625
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 815 Commerce LLC,as the owner and holder
of the leasehold interest in the Project (as defined below) ("Developer"), acting by and through its duly
authorized representative. City and Developer are referred to herein individually as a"parry"and
collectively as the "parties."
WHEREAS,Developer is constructing private improvements within the corporate limits of Fort
Worth, Texas or its extraterritorial jurisdiction,for a project known as Fort Worth Hotel—Le Meridian
("Project"), for which Developer is the owner and holder of the leasehold interest; 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 its leasehold interest in the 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:
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1.
CFA Ordinance
The Community Facilities Agreements Ordinance No. 23656-05-2019 ("CFA Ordinance"),
as anended, is incorporated into this Agreement by reference, as if it was fully set out herein.
Developer agrees to comply with all provisions of the CFA Ordinance in the performance of
Developer's duties and obligations pursuant to this Agreement and to cause all contractors hired by
Developer to comply with the CFA Ordinance in connection with the work performed by the contractors.
If a conflict exists between the terms and conditions of this Agreement and the CFA Ordinance,the CFA
Ordinance shall control.
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
❑X Exhibit A-1: Sewer
❑X Exhibit B: Paving
❑ Exhibit B-1: Storm Drain
❑X Exhibit C: Street Lights & Signs
The Location Map and Cost Estimates are also attached hereto and incorporated herein by
reference.To the extent that Exhibits A,A-1,B,B-1,C,the Location Map,or the Cost Estimates conflict
with the Engineering Plans,the Engineering Plans shall control. If applicable,Attachment 1 —Changes to
Standard Community Facilities Agreement, Attachment 2—Phased CFA Provisions, and Attachment 3 —
Concurrent CFA Provisions,are attached hereto and incorporated herein for all purposes.
4.
Construction of Improvements
Developer agrees to cause the construction of the Improvements contemplated by this Agreement
and that said construction shall be completed in a good and workmanlike manner and in accordance with
all City standards and specifications, the Engineering Plans, the Cost Estimates provided for the
Improvements, and this Agreement. Developer acknowledges that City will not accept the Improvements
until the City receives affidavits and lien releases signed by Developer's contractors
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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 providedfor
the Improvements.
5.
Financial Guarantee
Developer has provided the City with a financial guarantee in the form and amounts set forth
in this Agreement which guarantees the construction of the Improvements and payment by Developer
of all contractors,subcontractors,and material suppliers for the Improvements ("Financial Guarantee").
Developer shall keep the Financial Guarantee in full force and effect until released by the City and
shall not reduce the amount of the Financial Guarantee unless authorized by the City in accordance with
the CFA Ordinance.
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 in any
material respect,becomes insolvent,or fails to pay costs of construction.
(c) 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.
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8.
Termination
If Developer desires to terminate this Agreement before Developer's contractors begin
constructing the Improvements, Developer agrees to the following:
(a) that Developer and City must execute a termination of this Agreement in writing;
(b) that Developer will vacate any final plats that have been filed with the county where the Project
is located; and
(c) to pay to the City all costs incurred by the City in connection with this Agreement,including time
spent by the City's inspectors at preconstruction meetings.
9.
Award of Construction Contracts
(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.
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(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 mainsand
service lines have been completed to the satisfaction of the City.
10.
Utilities
Developer shall cause the installation or adjustment of utilities required to: (1) serve the Project;
and (2) to construct the Improvements required herein. City shall not be responsible for payment of any
costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with
any of the Improvements to be constructed pursuant to this Agreement.
II.
Easements and Rights-of-Way
Developer agrees to obtain, 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
OF ANY INJURIES OR DAMAGES SUSTAINED B YANY PERSONS,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
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CONSEQUENCE OF ANY FAILURE TO PROPERLY SAFEGUARD THE WORK, OR ON
ACCOUNT OFANYACT,INTENTIONAL OR OTHERWISE,NEGLECT OR MISCONDUCT
OF SAID DEVELOPER, ITS CONTRACTORS, SUB-CONTRACTORS, OFFICERS,
AGENTS OR EMPLOYEES, WHETHER OR NOT SUCHINJURIES,DEATHOR DAMAGES
ARE CAUSED,IN WHOLE OR INPART,BY THEALLEGED 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 FROMAND
AGAINST ANY AND ALL CLAIMS, SUITS OR CAUSES OF ACTION OF ANYNATURE
WHATSOEVER, WHETHER REAL 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 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 RESULT
OF SAID CONTRACTORS' FAILURE TO COMPLETE THE WORK AND CONSTRUCT
THE IMPROVEMENTS IN A GOOD AND WORKMANLIKE MANNER, FREE FROM
DEFECTS,IN CONFORMANCE WITH THE CFA ORDINANCE,AND IN ACCORDANCE
WITH ALL PLANS AND 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 parry 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
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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 faila test, the
Developer must correct or replace the Improvements until the Improvements pass all retests.The Developer
must pay the material testing laboratories directly for all material testing and retesting.The City will
obtain proof from the material testing laboratories that the material testing laboratories have been paid in
full by the Developer before the City will accept the Improvements.
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 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:
CITY: DEVELOPER:
Development Coordination Office 815 Commerce LLC
City of Fort Worth 3 Sugar Creek Center Blvd. Suite 100
200 Texas Street Sugar Land,TX, 77478
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
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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 the
completion of the Improvements pursuant to this Agreement. Developer agrees that the City shall have
access during normal working hours to all necessary Developer facilities andshall 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 contracts
for the completion of the Improvements, and further, that City shall have access during normal working
hours to all of the contractor's facilities,and shall be provided adequate and appropriate work space in order
to conduct audits in compliance with the provisions of this section. City shall give Developer's contractors
reasonable advance notice of intended audits.
18.
Independent Contractor
It is expressly understood and agreed that Developer and its employees, representative, agents,
servants, officers, contractors, subcontractors, and volunteers shall operate as independent contractors as
to all rights and privileges and work performed under this Agreement, and not as agents, representatives
or employees of the City.Subject to and in accordance with the conditions and provisions of this Agreement,
Developer shall have the exclusive right to control the details of its operations and activities and be solely
responsible for the acts and omissions of its employees, representatives, agents, servants, officers,
contractors, subcontractors, and volunteers. Developer acknowledges that the doctrine of respondeat
superior shall not apply as between the City and its officers, representatives, agents, servants and
employees, and Developer and its employees, representatives, agents, servants, officers, contractors,
subcontractors, and volunteers. Developer further agrees that nothing herein shall be construed as the
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 shallbe 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.
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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 notintended
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 byany
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 ofwho 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
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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 of the Texas Government Code.
To the extent that Chapter 2271 of the Government Code is applicable to this Agreement, by signing this
Agreement, Developer certifies that Developer's signature provides written verification to the City that
Developer: (1)does not boycott Israel; and(2)will not boycott Israel during the term of this Agreement.
26.
Prohibition on Boycotting Energy Companies
Developer acknowledges that in accordance with Chapter 2274 of the Texas Government Code,
as added by Acts 2021, 87th Leg.,R.S., S.B. 13, § 2,the City is prohibited from entering into a contract for
goods or services that has a value of$100,000 or more that is to be paid wholly or partly from public funds
of the City with a company with 10 or more full-time employees unless the contract contains a written
verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott
energy companies during the term of the contract. The terms "boycott energy company" and "company"
have the meanings ascribed to those terms by Chapter 2274 of the Texas Government Code,as added by
Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is
applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature
provides written verification to the City that Developer: (1) does not boycott energy companies; and (2)
will not boycott energy companies during the term of this Agreement.
27.
Prohibition on Discrimination Against Firearm and Ammunition Industries
Developer acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code,as added by Acts 2021,87th Leg.,R.S.,S.B. 19, § 1,the City is prohibited from entering
into a contract for goods or services that has a value of$100,000 or more that is to be paid wholly or partly
from public funds of the City with a company with 10 or more full-time employees unless the contract
contains a written verification from the company that it: (1) does not have a practice,policy, guidance, or
directive that discriminates against a firearm entity or firearm trade association; and
(2)will not discriminate during the term of the contract against a firearm entity or firearm trade association.
The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to
those terms by Chapter 2274 of the Texas Government Code,as added by Acts 2021, 87th Leg.,R.S., S.B.
19, § 1.To the extent that Chapter 2274 of the Government Code is applicable to this Agreement,by signing
this Agreement,Developer certifies that Developer's signature provides written verification to the City that
Developer: (1) does not have a practice,policy, guidance, or directive that discriminates against a firearm
entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade
association during the term of this Agreement.
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 I-9 forms and supporting eligibility
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documentation for each employee who performs work under this Agreement. Developer shall adhere to all
Federal and State laws as well as establish appropriate procedures and controls so that no services will be
performed by any Developer employee who is not legally eligible to perform such services.DEVELOPER
SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,
LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY DEVELOPER,
DEVELOPER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES.
City, upon written notice to Developer, shall have the right to immediately terminate this Agreement for
violations of this provision by Developer.
29.
Amendment
No amendment,modification, or alteration of the terms of this Agreement shall be binding unless
the same is in writing,dated subsequent to the date hereof,and duly executed by the City and Developer.
30.
Assignment and Successors
Developer shall not assign or subcontract all or any part of its rights,privileges,or duties under this
Agreement without the prior written consent of City.Any attempted assignment or subcontract without the
City's prior written approval shall be void and constitute a breach of this Agreement.
31.
No Third-Party Beneficiaries
The provisions and conditions of this Agreement are solely for the benefit of the City and
Developer, and any lawful assign or successor of Developer, and are not intended to create any rights,
contractual or otherwise,to any other person or entity.
32.
Compliance with Laws, Ordinances,Rules and Regulations
Developer, its officers, agents, servants, employees, and contractors, shall abide by and comply
with all laws, federal, state and local, including all ordinances, rules and regulations of City. It is agreed
and understood that,if City calls to the attention of Developer any such violation on the part of Developer
or any of its officers, agents, servants, employees, or subcontractors, then Developer shall immediately
desist from and correct such violation.
33.
Signature Authority
The person signing this Agreement on behalf of Developer warrants that he or she has the legal
authority to execute this Agreement on behalf of the Developer, and that such binding authority has been
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.
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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: Fort Worth Hotel —Le Meridien
CFA No.: CFA21-0089 City Proj ect No.: 103506
Items Developer's Cost
A. Water and Sewer Construction
1. Water Construction $ 166,176.50
2.Sewer Construction $ 27,762.00
Water and Sewer Construction Total $ 193,938.50
B. TPW Construction
1.Street $ 105,211.01
2.Storm Drain $ -
3.Street Lights Installed by Developer $ 127,072.50
4. Signals $ -
TPW Construction Cost Total $ 232,283.51
Total Construction Cost(excluding the fees): $ 426,222.01
Estimated Construction Fees:
C. Construction Inspection Service Fee $18,750.00
D. Administrative Material Testing Service Fee $1,225.00
E. Water Testing Lab Fee $150.00
Total Estimated Construction Fees: $ 20,126.00
Choice
Financial Guarantee Options,choose one Amount (Mark one)
Bond = 100% $ 426,222.01 x
Completion Agreement= 100%/Holds Plat $ 426,222.01
Cash Escrow Water/Sanitary Sewer= 125% $ 242,423.13
Cash Escrow Paving/Storm Drain= 125% $ 290,354.39
Letter of Credit= 125% $ 532,777.51
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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
b L5=6 � 815 Commerce LLC
Dana Burghdoff( ov 8,2021 1:28 CST) —
Dana Burghdoff KunaI Mod oov8,2202115:27 CST)
Assistant City Manager Kunal Mody
Chief Executive Officer
Date: Nov 8,2021
Date: Nov 8,2021
Recommended by:
� e. cg"
r
Evelyn Roberts/Jennifer Ezernack
Contract Compliance Specialist
Planning and Development
Approved as to Form &Legality:
Richard A.McCracken(Nov 8,202116:00 CST) Contract Compliance Manager:
Richard A.McCracken
Sr.Assistant City Attorney By signing,I acknowledge that I am the person
M&C No. responsible for the monitoring and
Date: Nov 8,2021 administration of this contract,including
ensuring all performance and reporting
Form 1295: requirements.
on
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ATTEST: A,cy o °o0 C Nlw&l
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v o 0 2 d Janie Scarlett Morales
o 0 00* d Development Manager
Ronald P. Gonzales � °000000000 d
Acting City Secretary ���nEXASaAp
OFFICIAL RECORD
City of Fort Worth, Texas CITY SECRETARY
Standard Community Facilities Agreement
FT. WORTH, TX
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
❑X Location Map
❑X Exhibit A: Water Improvements
❑X Exhibit A-1: Sewer Improvements
❑X Exhibit B: Paving Improvements
❑ Exhibit B-1: Storm Drain Improvements
❑X Exhibit C: Street Lights and Signs Improvements
❑X Cost Estimates
(Remainder of Page Intentionally Left Blank)
City of Fort Worth, Texas Page 16 of 17
Standard Community Facilities Agreement
Rev. 9/21
ATTACHMENT"1"
Changes to Standard Community Facilities Agreement
City Project No. 103506
Changes incorporated into the body of this Agreement.
City of Fort Worth, Texas Page 17 of 17
Standard Community Facilities Agreement
Rev. 9/21
0
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TARRANT COUNTY
MAPSCO F77-A
VICINITYMAP
(NOT TO SCALE)
CPN 103506
KUNAL MODY:
BLUEPRINT HOSPITALITY
3 SUGAR CREEK CENTER BLVD.
SUGAR LAND, TX 77478
4060 BRYANT IRVIN ROAD WATER IMPROVEMENTS EXHIBIT
Pacheco Koch FORT WORTH, TX 76109 817.412.7155
TX REG. ENGINEERING FIRM F-469 CITY PROJECT #103506
TX REG. SURVEYING FIRM LS-10008001 FORT WORTH HOTEL ANNEX - LE MERIDIEN
LOCATED IN THE CITY OF FORT WORTH, TEXAS
DRAWN BY I CHECKED BY SCALE DArE JOB
NUMBER TARRANT COUNTY, TEXAS
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PROPOSED WATER LINE
4060 BRYANT IRVIN ROAD WATER IMPROVEMENTS EXHIBIT
APacheco Koch FORT WORTH, TX 76109 817.412.7155
TX REG. ENGINEERING FIRM F-469 CITY PROJECT #103506
TX REG. SURVEYING FIRM LS-10008001 FORT WORTH HOTEL ANNEX - LE MERIDIEN
LOCATED IN THE CITY OF FORT WORTH, TEXAS
DRAWN BY I CHECKED BY SCALE DATE JOB NUMBER TARRANT COUNTY, TEXAS
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PROPOSED SSMH
4060 BRYANT IRVIN ROAD SEWER IMPROVEMENTS EXHIBIT
APacheco Koch FORT WORTH, TX 76109 817.412.7155
TX REG. ENGINEERING FIRM F-469 CITY PROJECT #103506
TX REG. SURVEYING FIRM LS-10008001 FORT WORTH HOTEL ANNEX - LE MERIDIEN
LOCATED IN THE CITY OF FORT WORTH, TEXAS
DRAWN BY I CHECKED BY SCALE DATE JOB NUMBER TARRANT COUNTY, TEXAS
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PROPOSED CONCRETE CURB AND GUTTER BLUEPRINT HOSPITALITY
3 SUGAR CREEK CENTER BLVD.
PROPOSED BARRIER FREE RAMP SUGAR LAND, TX 77478
® PROPOSED ASPHALT OVERLAY
4060 BRYANT IRVIN ROAD PAVING IMPROVEMENTS EXHIBIT
Pacheco Koch FORT WORTH, TX 76109 817.412.7155
TX REG. ENGINEERING FIRM F-469 CITY PROJECT #103506
TX REG. SURVEYING FIRM LS-10008001 FORT WORTH HOTEL ANNEX - LE MERIDIEN
LOCATED IN THE CITY OF FORT WORTH, TEXAS
DRAWN BY I CHECKED BY SCALE DATE JOB NUMBER TARRANT COUNTY, TEXAS
RDF HPB 1"=50' 07/19/2021 4761-20.500
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PROPOSED STREET LIGHT 3 SUGAR CREEK CENTER BLVD.
EXISTING STREET LIGHT SUGAR LAND, TX 77478
4060 BRYANT IRVIN ROAD STREET NAME SIGNS &
Pacheco Koch FORT WORTH, TX 76109 817.412.7155 STREET LIGHT IMPROVEMENTS EXHIBIT
TX REG. ENGINEERING FIRM F-469 CITY PROJECT #103506
TX REG. SURVEYING FIRM LS-10008001 FORT WORTH HOTEL ANNEX - LE MERIDIEN
DRAWN BY I CHECKED BY SCALE DArE JOB NUMBER LOCATED IN THE CITY OF FORT WORTH, TEXAS
RDF HPB 1"=50' 07/19/2021 4761-20.500 TARRANT COUNTY, TEXAS
00 42 43
DAP-BID PROPOSAL
Page 1 of 5
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Description Specification Unit of Bid
Unit Price Bid Value
No. Section No. Measure Quantity
UNIT I:WATER IMPROVEMENTS
1 3201.0202 Asphalt Pvmt Repair Beyond Defined Width, 3301 17 Sy 117 $150.00 $17,550.00
2 3305.0109 Trench Safety 33 05 10 LF 41 $2.00 $82.00
3 3311.0344 10"Water Pipe, CLSM Backfill 3311 10, LF 41
331112 $260.00 $10,660.00
4 3312.2203 2"Water Service 33 12 10 EA 1 $6,659.50 $6,659.50
5 3311.0061 4"PVC Water Pipe 3311 12 1 LF 2 $500.00 $1,000.00
6 3312.0117 Connection to Existing 4"-12"Water Main 33 12 25 EA 2 $5,500.00 $11,000.00
7 3312.3105 12"Cut-in Gate Valve 33 12 20 EA 1 $21,000.00 $21,000.00
8 3312.3106 16"Cut-in Gate Valve w/Vault 33 12 20 EA 1 $41,000.00 $41,000.00
9 3312.3004 10"Gate Valve 33 12 20 EA 2 $16,750.00 $33,500.00
10 3311.0001 Ductile Iron Water Fittings w/Restraint 3311 11 TON 0.6 $30,000.00 $18,000.00
11 3311.0364 10" PVC Water Pipe,CLSM Backfill 3311 12 LF 41 $125.00 $5,125.00
12 3211.0313 8"Flexible Base,Type D, GR-1 3211 23 Sy 4 $150.00 $600.00
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27
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40
41
TOTAL UNIT I:WATER IMPROVEMENLI $166,176.50
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version May 22,2019 00 42 43_Bid Proposal_DAP.xlsx
00 42 43
DAP-BID PROPOSAL
Page 2 of 5
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Description Specification Unit of Bid
Unit Price Bid Value
No. Section No. Measure Quantity
UNIT II:SANITARY SEWER IMPROVEMENTS
1 3201.0202 Asphalt Pvmt Repair Beyond Defined Width, 3301 17 SY 94 $150.00 $14,100.00
2 3301.0002 Post-CCTV Inspection 3301 31 LF 32 $2.00 $64.00
3 3301.0101 Manhole Vacuum Testing 3301 30 EA 1 $500.00 $500.00
4 3305.0112 Concrete Collar 33 05 17 EA 1 $1 500.00 $1 500.00
5 3339.1001 4'Manhole 33 39 10 EA 1 $5,000.00 $5,000.00
3331.5747 8"Sewer Pipe, CLSM Backfill 3311 10,33
6 31 12,3331 LF
20 32 $125.00 $4,000.00
7 3305.0109 Trench Safety 33 05 10 LF 32 $1.50 $48.00
8 3305.0112 Concrete Collar 33 05 17 EA 1 $1 500.00 $1 500.00
9 3211.0313 8"Flexible Base,Type D, GR-1 3211 23 SY 7 $150.00 $1 050.00
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28
29
30
31
32
33
34
35
36
37
38
39
40
41
TOTAL UNIT II:SANITARY SEWER IMPROVEMENTS $27,762.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version May 22,2019 00 42 43_Bid Proposal_DAP.xlsx
00 42 43
DAP-BID PROPOSAL
Page 3 of 5
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Description Specification Unit of Bid
Unit Price Bid Value
No. Section No. Measure Quantity
UNIT IV: PAVING IMPROVEMENTS
1 0241.1300 Remove Conc Curb and Gutter 0241 15 LF 221 $3.30 $729.30
2 0241.0100 Remove Sidewalk 0241 13 SF 4420 $3.65 $16,133.00
3 0241.1100 Remove Asphalt Pvmt 0241 15 Sy 211 $3.30 $696.30
4 3212.0401 HMAC Transition 32 12 16 TN 1.1 $15 327.60 $16 860.36
5 3213.0301 4"Conc Sidewalk 32 13 20 SF 3779 $11.75 $44,403.25
6 13213.0401 6"Concrete Driveway 32 13 20 SF 282 $15.00 $4,230.00
7 3213.0503 Barrier Free Ramp,Type M-1 321320 EA 2 $1,000.00 $2,000.00
8 3216.0101 6"Conc Curb and Gutter 32 16 13 LF 255 $48.00 $12 240.00
9 3217.0001 4"SLID Pvmt Marking HAS(V) 32 17 23 LF 14 $22.00 $308.00
10 3471.0001 Traffic Control 3471 13 MO 2 $3 805.40 $7 610.80
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TOTAL UNIT IV: PAVING IMPROVEMENT $105,211.01
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version May 22,2019 00 42 43_Bid Proposal_DAP.xlsx
00 42 43
DAP-BID PROPOSAL
Page 4 of 5
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Description Specification Unit of Bid
Unit Price Bid Value
No. Section No. Measure Quantity
UNIT V:STREET LIGHTING IMPROVEMENTS
1 2605.3015 2"CONDT PVC SCH 80(T) 26 05 43 LF 450 $117.00 $52,650.00
2 3441.1408 NO 6 INSULATED ELEC CONDR 3441 20 LF 1350 $3.75 $5,062.50
3 3441.1410 NO 10 INSULATED ELEC CONDR 3441 20 LF 180 $2.00 $360.00
4 3441.1501 GROUND BOX TYPE B 3441 20 EA 3 $1 500.00 $4 500.00
5 3441.3037 FURNISH/INSTALL 10'-14'WASHINGTON 3441 20 EA 6 $3,650.00 $21,900.00
6 3441.3110 INSTALL LIGHTING FIXTURE 3441 20 EA 10 $900.00 $9,000.00
7 3441.3303 RDWY ILLUM FOUNDATION TY 7 3441 20 EA 6 $5,600.00 $33,600.00
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TOTAL UNIT V:STREET LIGHTING IMPROVEMENT $127,072.50
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version May 22,2019 00 42 43_Bid Proposal_DAP.xlsx
00 42 43
DAP-BID PROPOSAL
Page 5 of 5
SECTION 00 42 43
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
Bid Summary
UNIT I:WATER IMPROVEMENTS $166,176.50
UNIT II: SANITARY SEWER IMPROVEMENTS $27,762.00
UNIT IV: PAVING IMPROVEMENTS $105,211.01
UNIT V: STREET LIGHTING IMPROVEMENTS $127,072.50
Total Construction Bid $426,222.01
This Bid is submitted by the entity named below:
BIDDER: BY: Luis F.Galnares,Jr.
Muckleroy&Falls
3200 Riverfront Drive,Suite 200
Fort Worth,TX 76107 TITLE: Preconstruction Manager
DATE: 8/26/2021
Contractor agrees to complete WORK for FINAL ACCEPTANCE within IIIIIIIIIIIIIIIlLworking 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 May 22,2019 00 42 43_Bid Proposal_DAP.xlsx