HomeMy WebLinkAboutContract 57635 Received Date: Jun 1,2022
Received TimeJun 2,2022
Developer and Project Information Cover Sheet:
Developer Company Name: HT Hwy 114 Development,LP
Address, State,Zip Code: 2200 Ross Ave., Suite 4200W Dallas,Texas 75201
Phone &Email: (972)716-2914,Robert.Witteghines.com
Authorized Signatory,Title: Robert W. Witte, Senior Managing Director
Project Name: Tradition Phase 4C
Brief Description: Water, Sewer,Paving, Storm Drain, Street Lights
Project Location: Hwy 114,West of 156 and South of Sam Reynolds
Plat Case Number: Not Provided Plat Name: Tradition
Mapsco: Not Provided Council District: 7
CFA Number: CFA22-0057 City Project Number: 103628 1 IPRC21-0109
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth,Texas Page 1 of 17
Standard Community Facilities Agreement
Rev.9/21
City Contract Number: 57635
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 HT Hwy 114 Development, LP
("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 Tradition
Phase 4C("Project"); and
WHEREAS, the City desires to ensure that all developments are adequately served by public
infrastructure and that the public infrastructure is constructed according to City standards; and
WHEREAS, as a condition of approval of the Project, Developer is required to bear a portion of
the costs of municipal infrastructure by constructing the public infrastructure necessary for the Project as
described in this Agreement("Community Facilities"or"Improvements");and
WHEREAS,as a condition of approval of the Project,Developer is required to meet the additional
obligations contained in this Agreement,and Developer may be required to make dedications of land,pay
fees or construction costs,or meet other obligations that are not a part of this Agreement;and
WHEREAS,the City is not participating in the cost of the Improvements or Project;and
WHEREAS, the Developer and the City desire to enter into this Agreement in connection with
the collective Improvements for the Project;
NOW,THEREFORE,for and in consideration of the covenants and conditions contained herein,
the City and the Developer do hereby agree as follows:
1.
CFA Ordinance
The Community Facilities Agreements Ordinance("CFA Ordinance"),as amended,is incorporated
into this Agreement by reference, as if it was fully set out herein. Developer agrees to comply with all
provisions of the CFA Ordinance in the performance of Developer's duties and obligations pursuant to this
Agreement and to cause all contractors hired by Developer to comply with the CFA Ordinance in
connection with the work performed by the contractors. If a conflict exists between the terms and conditions
of this Agreement and the CFA Ordinance,the CFA Ordinance shall control.
City of Fort Worth,Texas Page 2 of 17
Standard Community Facilities Agreement
Rev.9/21
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
❑X Exhibit B-1: Storm Drain
❑X Exhibit C: Street Lights & Signs
The Location Map and Cost Estimates are also attached hereto and incorporated herein by
reference. To the extent that Exhibits A, A-1, B, B-1, C, the Location Map, or the Cost Estimates
conflict with the Engineering Plans, the Engineering Plans shall control. If applicable,Attachment 1 —
Changes to Standard Community Facilities Agreement, Attachment 2 — Phased CFA Provisions, and
Attachment 3 — Concurrent CFA Provisions, are attached hereto and incorporated herein for all
purposes.
4.
Construction of Improvements
Developer agrees to cause the construction of the Improvements contemplated by this Agreement
and that said construction shall be completed in a good and workmanlike manner and in accordance with
all City standards and specifications, the Engineering Plans, the Cost Estimates provided for the
Improvements,and this Agreement. Developer acknowledges that City will not accept the Improvements
until the City receives affidavits and lien releases signed by Developer's contractors verifying that the
contractors, and all subcontractors and material suppliers, have been paid in full for constructing the
Improvements, and consent of the surety on payment and performance bonds provided for the
Improvements.
5.
Financial Guarantee
Developer has provided the City with a financial guarantee in the form and amounts set forth in
this Agreement which guarantees the construction of the Improvements and payment by Developer of
all contractors, subcontractors, and material suppliers for the Improvements ("Financial Guarantee").
Developer shall keep the Financial Guarantee in full force and effect until released by the City and shall
not reduce the amount of the Financial Guarantee unless authorized by the City in accordance with the
CFA Ordinance.
City of Fort Worth,Texas Page 3 of 17
Standard Community Facilities Agreement
Rev.9/21
6.
Completion Deadline; Extension Periods
This Agreement shall be effective on the date this Agreement is executed by the City's Assistant
City Manager ("Effective Date"). Developer shall complete construction of the Improvements and
obtain the City's acceptance of the Improvements within two (2) years of the Effective Date ("Term").
If construction of the Improvements has started during the Term, the Developer may request that this
Agreement be extended for an additional period of time ("Extension Period"). All Extension Periods shall
be agreed to in writing by the City and the Developer as set forth in a written amendment to this Agreement.
In no event shall the Term of this Agreement plus any Extension Periods be for more than three years.
7.
Failure to Construct the Improvements
(a) The City may utilize the Developer's Financial Guarantee to cause the completion of the
construction of the Improvements if at the end of the Term, and any Extension Periods, the
Improvements have not been completed and accepted by the City.
(b) The City may utilize the Developer's Financial Guarantee to cause the completion of the
construction of the Improvements or to cause the payment of costs for construction of the
Improvements before the expiration of the Term, and any Extension Period, if the Developer
breaches this Agreement,becomes insolvent,or fails to pay costs of construction.
(c) If the Financial Guarantee is a Completion Agreement and the Developer's contractors or suppliers
are not paid for construction costs or materials supplied for the Improvements the contractors and
suppliers may place a lien upon any property which the City does not have an ownership interest
that is the subject of the Completion Agreement.
(d) Nothing contained herein is intended to limit the Developer's obligations under the CFA
Ordinance, this Agreement, the Financial Guarantee, Developer's agreements with Developer's
contractors,or other related agreements.
8.
Termination
If Developer desires to terminate this Agreement before Developer's contractors begin
constructing the Improvements, Developer agrees to the following:
(a) that Developer and City must execute a termination of this Agreement in writing;
(b) that Developer will vacate any final plats that have been filed with the county where the Project
is located; and
(c) to pay to the City all costs incurred by the City in connection with this Agreement, including
time spent by the City's inspectors at preconstruction meetings.
City of Fort Worth,Texas Page 4 of 17
Standard Community Facilities Agreement
Rev.9/21
9.
Award of Construction Contracts
(a) Developer will award all contracts for the construction of the Improvements and cause the
Improvements to be constructed in accordance with the CFA Ordinance.
(b) Developer will employ construction contractors who meet the requirements of the City to construct
the Improvements including,but not limited,to being prequalified,insured,licensed and bonded to
construct the Improvements in the City.
(c) Developer will require Developer's contractors to provide the City with payment and performance
bonds naming the City and the Developer as dual obligees, in the amount of one hundred percent
(100%) of the cost of the Improvements as required by the CFA Ordinance. The payment and
performance bonds shall guarantee construction of the Improvements and payment of all
subcontractors and material suppliers. Developer agrees to require Developer's contractors to
provide the City with a maintenance bond naming the City as an obligee, in the amount of one
hundred percent(100%) of the cost of the Improvements, that guarantees correction of defects in
materials and workmanship for the Improvements by the contractor and surety for a period of two
(2)years after completion and final acceptance of the Improvements by the City. All bonds must
be provided to the City before construction begins and must meet the requirements of the City's
Standard Conditions,Chapter 2253 of the Texas Government Code,and the Texas Insurance Code.
(d) Developer will require Developer's contractors to provide the City with insurance equal to or in
excess of the amounts required by the City's standard specifications and contract documents for
developer-awarded infrastructure construction contracts. The City must be named as an additional
insured on all insurance policies. The Developer must provide the City with a Certificate of
Insurance (ACORD or form approved by the State of Texas), supplied by each contractor's
insurance provider,which shall be made a part of the Project Manual.
(e) Developer will require the Developer's contractors to give forty-eight(48)hours' advance notice
of their intent to commence construction of the Improvements to the City's Construction Services
Division so that City inspection personnel will be available. Developer will require Developer's
contractors to allow construction of the Improvements to be subject to inspection at any and all
times by the City's inspectors. Developer will require Developer's contractors to not install or
relocate any sanitary sewer, storm drain,or water pipe unless a City inspector is present and gives
consent to proceed, and to allow such laboratory tests as may be required by the City.
(f) Developer will not allow Developer's contractors to begin construction of the Improvements until
a notice to proceed to construction is issued by the City.
(g) Developer will not allow Developer's contractors to connect buildings to service lines of sewer and
water mains constructed pursuant to this Agreement, if any, until said sewer, water mains and
service lines have been completed to the satisfaction of the City.
10.
Utilities
Developer shall cause the installation or adjustment of utilities required to: (1) serve the Project;
and (2) to construct the Improvements required herein. City shall not be responsible for payment of any
City of Fort Worth,Texas Page 5 of 17
Standard Community Facilities Agreement
Rev.9/21
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 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 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 CONSEQUENCE OF ANY FAILURE TO
PROPERL Y SAFEGUARD THE WORK, OR ONACCOUNT OF ANY ACT,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
MANNER, FREE FROM DEFECTS,IN CONFORMANCE WITH THE CFA ORDINANCE,
AND INACCORDANCE WITH ALL PLANS AND SPECIFICATIONS.
City of Fort Worth,Texas Page 6 of 17
Standard Community Facilities Agreement
Rev.9/21
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 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 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:
CITY: DEVELOPER:
Development Coordination Office HT Hwy 114 Development,LP
City of Fort Worth 2200 Ross Ave., Suite 4200W
200 Texas Street Dallas, Texas 75201
Fort Worth, Texas 76102
City of Fort Worth,Texas Page 7 of 17
Standard Community Facilities Agreement
Rev.9/21
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
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
City of Fort Worth,Texas Page 8 of 17
Standard Community Facilities Agreement
Rev.9/21
employees, and Developer and its employees, representatives, agents, servants, officers, contractors,
subcontractors, and volunteers. Developer further agrees that nothing herein shall be construed as the
creation of a partnership or joint enterprise between City and Developer. It is further understood that the
City shall in no way be considered a co-employer or a joint employer of Developer or any employees,
representatives, agents, servants, officers, contractors, subcontractors, and volunteers of Developer.
Neither Developer,nor any officers,agents, servants,employees or subcontractors of Developer shall be
entitled to any employment benefits from the City. Developer shall be responsible and liable for any and
all payment and reporting of taxes on behalf of itself, and any of employees, representatives, agents,
servants,officers,contractors, subcontractors,and volunteers.
The City,through its authorized representatives and employees, shall have the sole and exclusive
right to exercise jurisdiction and control over City employees.
19.
Applicable Law; Venue
This Agreement shall be construed under and in accordance with Texas law. Venue shall be in
the state courts located in Tarrant County, Texas or the United States District Court for the Northern
District of Texas,Fort Worth Division.
20.
Non-Waiver
The failure of the City to insist upon the performance of any term or provision of this Agreement
or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent
of City's right to assert or rely on any such term or right on any future occasion.
21.
Governmental Powers and Immunities.
It is understood that by execution of this Agreement, the City does not waive or surrender
any of its governmental powers or immunities.
22.
Headings
The paragraph headings contained herein are for the convenience in reference and are not intended
to define or limit the scope of any provision of this Agreement.
23.
Severability
In the event that any clause or provision of this Agreement shall be held to be invalid by any
court of competent jurisdiction, the invalidity of such clause or provision shall not affect any of the
remaining provisions hereof.
City of Fort Worth,Texas Page 9 of 17
Standard Community Facilities Agreement
Rev.9/21
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 2271 of the Texas Government Code,
the City is prohibited from entering into a contract with a company with 10 or more full-time employees
that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City for
goods or services unless the contract contains a written verification from the company that it: (1) does not
boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel"
and"company"have the meanings ascribed to those terms by Chapter 2271 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
City of Fort Worth,Texas Page 10 of 17
Standard Community Facilities Agreement
Rev.9/21
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
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.
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.
City of Fort Worth,Texas Page 11 of 17
Standard Community Facilities Agreement
Rev.9/21
33.
Signature Authority
The person signing this Agreement on behalf of Developer warrants that he or she has the legal
authority to execute this Agreement on behalf of the Developer, and that such binding authority has been
granted by proper order,resolution,ordinance or other authorization of the entity. The City is fully entitled
to rely on this warranty and representation in entering into this Agreement.
34.
Counterparts
This Agreement may be executed in multiple counterparts, each of which will be deemed an
original, but which together will constitute one instrument.
35.
Entire Agreement
This written instrument, together with any attachments, exhibits, and appendices, constitutes the
entire understanding between the City and Developer concerning the work to be performed hereunder, and
any prior or contemporaneous, oral or written agreement that purports to vary from the terms hereof shall
be void.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
City of Fort Worth,Texas Page 12 of 17
Standard Community Facilities Agreement
Rev.9/21
36.
Cost Summary Sheet
Proj ect Name: Tradition Phase 4C
CFA No.: CFA22-0057 City Project No.: 103628 IPRC No.: IPRC21-0109
Items Developer's Cost
A. Water and Sewer Construction
1. Water Construction $ 820,796.40
2. Sewer Construction $ 2,038,845.70
Water and Sewer Construction Total $ 2,859,642.10
B. TPW Construction
1. Street $ 1,772,043.00
2. Storm Drain $ 1,291,858.00
3. Street Lights Installed by Developer $ 217,465.44
4. Signals $ -
TPW Construction Cost Total $ 3,281,366.44
Total Construction Cost(excluding the fees): $ 6,141,008.64
Estimated Construction Fees:
C. Construction Inspection Service Fee $56,250.00
D. Administrative Material Testing Service Fee $20,825.00
E. Water Testing Lab Fee $1,500.00
Total Estimated Construction Fees: $ 78,676.00
Choice
Financial Guarantee Options,choose one Amount Mark one
Bond = 100% $ 6,141,008.54
Completion Agreement= 100%/Holds Plat $ 6,141,008.54 X
Cash Escrow Water/Sanitary Sewer= 125% $ 3,574,552.63
Cash Escrow Paving/Storm Drain = 125% 1 $ 4,101,708.05
Letter of Credit= 125% $ 7,676,260.68
City of Fort Worth,Texas Page 13 of 17
Standard Community Facilities Agreement
Rev.9/21
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
[Signature on following page]
15ata-L5=G 2
Dana Burghdoff(Way 28,2nf 14:12 CDT)
Dana Burghdoff
Assistant City Manager
Date: May 28,2022
Recommended by:
����ut�L�iz. �e2�:��cr✓
J iferEzern?I May23,2o 1:31CDT) Contract Compliance Manager:
Jennifer Ezernack
Contract Compliance Specialist By signing, I acknowledge that I am the person
Development Services responsible for the monitoring and
administration of this contract,including
ensuring all performance and reporting
requirements.
Approved as to Form &Legality:
Aimalef
Janie Scarlett Morales(May 23,2022 11:38 CDT)
Richard A.McCracken(May 23,2022 11:58 CDT)
Richard A.McCracken Janie Scarlett Morales
Sr.Assistant City Attorney Development Manager
M&C No.
Date: May 23,2022
Form 1295:
OF°FOR?-
ATTEST: 4
00
aA►0 %G�d�
J ette S.Goodall(Jun 1,202221: ST) 00
o d
o
O °Y AY
Jannette Goodall d °°°°°°°°°°°°° a
City Secretary ?EXp5ooA
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth,Texas Page 14 of 17
Standard Community Facilities Agreement
Rev.9/21
DEVELOPER:
HT HWY 114 DEVELOPMENT LP
By: HT Hwy 114 Development LLC, its general partner
By: HT Hwy 114 LP, its sole member
By: Hines Hwy 114 LLC, its general partner
By: Hines Hwy 114 Associates LP, its sole member
By: Hines Investment Management Holdings
Limited Partnership, its general partner
90190 t w. wine
Robert W.Witte(May 23,202211:28 CDT)
Robert W.Witte
Senior Managing Director
Date: May 23,2022
Acknowledged by:
bb
DD
Dustin Davidson
Managing Director
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth,Texas Page 15 of 17
Standard Community Facilities Agreement
Rev.9/21
The following attachments are incorporated into this Agreement. To the extent a
conflict exists between the main body of this Agreement and the following attachments, the
language in the main body of this Agreement shall be controlling.
Included Attachment
❑X Attachment 1 -Changes to Standard Community Facilities Agreement
❑ Attachment 2—Phased CFA Provisions
❑ Attachment 3 —Concurrent CFA Provisions
❑X Location Map
❑X Exhibit A: Water Improvements
❑X Exhibit A-1: Sewer Improvements
❑X Exhibit B: Paving Improvements
❑X Exhibit B-1: Storm Drain Improvements
❑X Exhibit C: 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 Proj ect No. 103628
None
City of Fort Worth,Texas Page 17 of 17
Standard Community Facilities Agreement
Rev.9/21
N
W E
SAM REYNOLDS DRIVE
SCALE: P _ 00°
='Q 0�
PROJECT
LOCATION
w
m
N Z
00
mCD
114
N
N
O
N
V
O
Q
Q
C
O
TRADITION CENTRAL PHASE 4 CC
U
< LOCATED IN
U
V
CITY OF FORT WORTH, TEXAS
n MAPSCO NO. : 6411D
Q
i
:_
0
n
o PREPARED FOR: PREPARED BY:
a
GOO
■
I�14 I i
Hines � JA>f SHfALLz
CIVIL ENGINEERS—PLANNERS—SURVEYORS
O
N zass —g m;7e,G9-4373 Texis 76051
C) (av)szsa 2200 Ross Avenue,Suite 4200W
Dallas,Texas 76201
<� (972)716-2900
W
N
O
w O
b N
(� U N
w II CN
w N CNp O
w �
Z c
3 0 X U LU �cn
Q O c
O
u
Q Z Z w 0LU CO
T
w / m v7 CV ZT
w w U 3 �d� CJ
�i Z
O�6 w C,co d =
Q 0 X UCN
Q
2`
CJ y Z W /
N ^ x U Q v
L o o N S� b o
w ��O c, h /
NGO ., Off\E rn b rn
^ N Jam' 3 c
w C
H a_
r ^ Q O 0
Y o h m n p N N
k Q +J
LJ h O M O V W N m ^ q k O
Z Y `n 3 cn v U Z d
w M W M O W O X
a ¢ U 3
3 M m a= N p Or N m 0 Y
w N 2 N ^ y N N N O O
� N
Q k o m CD(v P m w w w w
13 a1S /.a 38N = e W
e V v1 co F
v1 v U M N q
'�p O
m m
3
(VOa 1a38 N38
u
It
r�r q
V)
W
t Z W
J Z
w
-- 00 wLU
aLU
® 0
® P 0 Z 0
y
3
U
d X
ILW N O O
W N ONI W
Z Z ° o
LU
W W 7 ❑Ntl < Iq
N OJ O
Q W
3 � wLLI
o
z Rp >
LU
3 Q 76 2
a
s az
a H wm
O Q WPO
d
Z C
ad Im
W d co W "l Z
I-- w = / W
O J w f �l J
zaa0 ci
O
pal O
b
O
N
11J ® O
z (A rm�
C
3 �4
3
a
CJ
Q
CJ
Y CJ
`P C=7 can
F
d �
x - I~
LU
Y Z IW
N N N Y NUO O I CDCD
2
13 1S Atl 39N I t ¢ ,N
I LU W
m LL,
IV)
OVOI La39 N30 I LU
IZ
I�
I=
,U
,a
I�
u
It W
z W
J Z
OC J
W
W
y W
b } y
K
Z
I�+Wy N Z
F-1 �o j y
® OCL
z
rev O
® im
d W CIO
O
u W
Fool
� �
as
vai O N N�a
2
♦� _ � �+ � cam � �~^
W y a - ¢ a a
LU u ' w
O W W 5
Z W
O J
U 1 O
0 W
a LU WCLWa
W O u U '2^
J
zaHz
co
0
� V N
�T N
N
w
O
2 W P
C
Ili
C� 3
a
CJ
Q
CJ
CJ
v
0
� U
s /
a � c
� � o
N �
I C
Z✓i vNj O
N }
X X a
r
�I
LU O
LU r
N' S O
�I N
W /
I � Lil
W
v>I S S
LUI
LU
LU
:z r
J�
U�
F'
u Q'
W
J Z
3 W
_ W
b W
I r rn
a
p LU
F-1 L N
® O Z
u d y -
IL
® X W w
IL >-W p
ulool
0
N N
z x
W H g M
VJ (/i O W W
d Z W w m ■ o
G w CiC Q z N
W d LU w
W f� >
�. O J W
Z Z
00
0
0
b N
(� N
O
W II O
z (A
C
T U
W O
s15
0 oob o = 3
m o o (�
W
M ^ Z ~
'gym H v
s
O
e
FOP N m .i L
^ U cn
N 0
O ^ O
m m c
O
a
=N N ^ y N
N m
x O �
O
13�a1s na 3eN i = Q o
co I� m q
m m W
aVOa 1a39 N38
F U
a
o z 3 0 3 0
z 0o - a
o a
d U a
O w � : 3m
Q = O z
m m z �., m h
LU ~ = W m W D co W
I�-I 00 0 d m Npm�
O J J W O d m W O Q m
Q Q a NC a dCA a
W ® N W W Q IL (,� W O b V y p
O d O d W 0NI W N
® Z W H H Q i 3 0 a 3 =N ¢ Q,
W
¢� 1 u■
O
z CS]
b U
0
N
N
O
Z (A �
C
3 �4
o
� z
❑0 3
�o a
xU a Q
z_ u
ado a— z 3
o 0o a—
o
02� x U 0' W O
z H -C
N n n m x U F
q N /
Q
6
Q U]
n c
O� m _ b�j ❑ O
c
N O x F O
4 3 µ m m N Q
N
m I�
O
13 1S Ail 39N I t
m W
OVOI AM N38
W
Z W
r Z Z
Z
ad
K
p Q im
0
y
M y�j N
O CL
° Z C�
® W x w
C O
LU
uu �• W
❑Ntl � N N^P
Vj W z
%v N
�
ham' P- ga v n >F-
�� n
N as Q 6 P
J
co
0
b N
(� N
O
w II O
Z (A �
C
�4 0
uLU
V
� T �
� 3
� r
do k o a
� N 3
z
z /
v o �2py X U W CJ
V
N a
� N
s�
o_
N o /
00� n O m.� � o�� m
G
M
M
N U O
CO
w ^
w h
O
M m M d w a ¢ O
2 N N N Y N `° N `n p O
^
m Lil
v
13 ?J1S A?J 39N I =
^p O
m m
OVOa 1830 N30
I
W ® N
V) ~ L
g
~ LOU,
LOU,
I ON
k� GC OC W
C W
[-' Z h N ad
W W W N W n
�..7 N N z
W Z �e Q o a
J 0 0 F <
V) Om X N
1 1 W W _ED
"� O
J
U
b
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
Tradition,Phase 4C,City Project k 103628
UNTO PRICE BID
Project Item inFormalion BWcfs Proposal
Bidllst Descri tiara Specification L`nit O£ Sid
It" P Section No. Measure uanti Unit Price Bid Value
Water Facilities
1 0241.1118 4"-12"Pressure Plug 0241 14 EA 2 $0.00 NO B!D
2 3305.0109 Trench Safety 33 05 10 LF 7.433 SUD NO BID
3 3311.OW1 Ductile Iron Water Fittings wl Restraint 3311 11 TON 2.1 $0.00 NO BID
4 3311.0241 8"PVC Water Pipe 3311 10. LF 5,735 $O.DO NO BID
3311 12
5 3311.0241 8"PVC Water Pipe,CSS Backfill 3311 10, LF 120 $0.00 NO BID
3311 12
6 3311.0461 12"PVC Water Pie 3311 12 LF 1,538 $0.06 NO BID
7 3311.0462 12"PVC Water Pipe,CSS Backfill 3311 12 LF 40 $0.00 NO BID
8 3312.D001 Sid.Fire Hydrant Assembly wl 6"Gate Valve&Valve Box 33 12 40 EA 6 $0.00 NO BID
9 3312.0117 Connect to Existing 8"W.L.Stub-nut 33 12 25 EA 1 $0.00 NO BID
10 3312.0117 Connection to Existing 4"-12"Water Main 331225 EA 1 $0.00 NO BID
11 3312.2003 1"Domestic Water Services 33 12 10 EA 111 $000 NO BID
12 3312.3903 8"Gate Valve&Valve Box 33 12 20 EA 23 Saw NO BID
13 3312.3005 12'Gate,Valve&Valve Box 331220 EA 3 $0.00 NO BID
Water Subtotal NO BID
Sanitary Sewer Facilities
14 3137.0102 Lame Stone Riprap,dry 31 3700 SY 273 $0.00 NO BID
15 3301.0002 P0sl-CCTV Inspection 330131 LF 10,410 5000 NO BID
16 3301.0101 Vacuum Test Manholes 33 01 30 EA 52 $0.00 NO BID
17 3305.0109 Trench Safety 33 05 10 LF 00,410 $0.00 NO BID
18 3305-0113 Trench Water Stops 330515 EA 10 $0.00 NO BID
19 3331.3101 SDR-26 4"Sewer Services 3331 50 EA 112 $0.00 NO BID
33 11 10,
20 3331.4115 8"SDR-26 PVC Sewer Pipe 3331 12, LF 5,710 $0.00 NO BID
33 31 20
33 11 10,
21 3331.4116$'PVC Sanitary Sewer Pipe w!CSS Ba0fill 3331 12, LF 363 $000 NO 131D
33 31 20
33 11 10,
22 3331-4201 10"SDR-26PVC Sewer Pipe 333112, LF 1,194 $000 NO81D
33 31 20
33 11 10,
23 3331.4208 12"SDR-26 PVC Sewer Pipe 333112. LF 2.262 $000 NO BID
33 31 20
24 3331.4205 10"DIP Sewer 33 11 10 LF 402 $0.00 NO BID
25 3331-4212 12"DIP Sewer 33 11 10 LF 459 $0.00 NO BID
26 3331.4213 12"DIP Sewer,CSS Backfill 33 11 10 LF 20 SO.00 NO BID
27 3339.0001 EpM Manhole Liner 333960 VF 144 $0.00 NO BID
28 3339.1001 4'Sid.Dia.Manhole 333910, EA 52 $0.00 NO BID
33 39 20
29 3339.1003 4 Extra Depth Manhole 33 39 10. VF 292 $000 NO BID
33 39 20
30 9999-0001 Hydraulic Slide OD00OD EA 1 $0.00 NO BID
31 9999.0002 24"Steel CasingODO000 LF 521 .00 NO BID
Sanitary Sewer Subtotal iJO 610
017V0FFUR W*U1 Tnd'xiw Ph..c.rC
Sr,LI'IIAP➢COYSTRLYTInti wnPAAP46.iLD£ITLOPFR AW'.1ADrn PROff.C]S C�IY�px F103E]A
FmN A.weel luwr}]9.10]0 [q i233 AW Prupuwl
Storm Drain Facilifies
32 3137.0104 Medium Riprop,dry 31 37 00 SY 34 $0.00 NO BID
33 3305,0109 Trench Safety 330510 LF 3,W4 $0.00 NO BID
34 3305.0112 Concrete Collar 330517 EA 8 $0.00 NO BID
35 3341.0201 21"RCP,Class III 3341 10 LF 315 $0.00 NO BID
36 3341.02D5 24"RCP,Class III 3341 16 LF 862 $0.00 NO BID
37 3341.0268 2T'RCP,Class III 3341 10 LF 260 $0.00 NO BID
38 3341.0309 W'RCP,Class III 3341 10 LF 661 $0.00 NO DID
39 3341.0402 42"RCP,Class III 354110 LF 296 $0.00 NO BID
40 3341.0409 48"RCP,Class III 33 41 10 LF 199 $0.001 NO BID
41 3349.00D7 4'Storm Junction Box 334910 EA 4 $0.00 NO BID
42 3349.0102 5'Storm Junction Box 334910 EA 3 $0.W NO 6I1)
43 3349.0102 4'Manhole Riser 33 4910 EA 6 $0.00 NO BID
44 3349.5001 10'Curb Inlet 334920 EA 16 $0.00 NO BID
45 3349.5OD2 15'Curb Inlet 334920 EA 4 $0.00 NO BID
46 9999.0001 10'x 5'Junction Boy, 00 DO00 EA 1 $0.00 NO BID
47 9999.0002 Single 8'x 3'R.C.B.Headwall DD DO DD EA 1 $0.00 NO BID
48 9999.0003 Connect To Exlstin 9'x 5'R.C.B. DO DO DD EA 1 $0.00 NO BID
49 9999.0004 4'X4'R.C.B. Class III DID DO00 LF 873 $0.00 NO BID
50 9W9.0005 8'x 3'R.C.B.,Cass III D0 00 DO LF 360 $0.00 NO BID
5 9999.ODD6 9 x 5'R.C.B.,Class III 00 00 00 LF 117 $0.00 NO BID
52 99W 0007 Concrete Apron 00 DO 00 SY 10 1 00 NO BID
Storm Drain Subtotal NO l#
WaterlSanitary SewerlStorm Drain Facilities Subtotal
Paving Facilities
53 3211.0400 H drated Lime@ 361bs.IS.Y. Collects 321129 TON 130 $19D00 $24,700.00
54 3211.0400 FI draled Lime a 301bS.lS.Y. Restdentiai 32 11 29 TON 307 $19000 $W.330.00
55 3211.0501 5'Lime Treated Stbgra&(Collector) 32 11 29 SY 7 222 $3.00 $21,666,00
56 3211.0501 6"Lime Treated Subgrads Residential 32 11 29 SY 20,456 $300 $61.366.00
57 3213.0101 T Concrete Pavement Residential 32 13 13 SY 19.256 $50.00 $962,800.00
58 3213.0102 7"Concrete Pavement Collector 32 13 13 SY 6,869 $56.00 $364 664.00
59 3213.0301 5'Conc Sidewalk 31 1320 SF 2.520 $7.25 $18.270.00
60 3213.=1 6'Conc Sidewalk 31 13 20 SF 16,380 $7.25 $118,755.00
61 3213.0501 R-1 Ramp 321320 EA 18 $2,70000 $48 pop.00
62 3291.0100 Topsoil 323213 CY 139 $75.D0 $10.425.00
63 3213.0506 P-1 Ramp 321320 EA 12 $2550.D0 $30,600.00
64 3441.4003 Fumishllnstall Alum Sign Ground Mount City Std. 34 41 30 EA 18 $250.00 $4,500.00
65 3741.00D1 Traffic Control 34 71 13 LS 1 $3,500.1)0 $3 500.00
66 9%9.0001 Type Ill Barricade 000000 EA 6 $900.00 S5,400A0
67 9999.0002 Concrete Header 000000 EA 5 $900.00 S4,500.00
68 9999.0003 Connectto Existing PovemeN 0000OD EA 1 $3,000.00 $3,000.00
69 9999.0004 Sawcut 000000 LF 145 $12.00 $1.740.00
70 9999.0005 Stripi 000060 LS 1 $6,000.00 $6.D00.00
71 9999.00% RemoveStr i O00000 IS 1 $150.00 $150.00
72 9999.0007 R1.1 Stop Sin 000000 EA 15 $85.00 $1,275.00
73 9999.0008 St Marker Blade 000000 EA $1,80D.OD
Paving Subtatal
CITE'( FORTNORTH Tnd ion CmrciC
a'r.9.'io W+n itVCTm HID PAO"AL-DEvELOPER AWARDED PAPIECT& C�ftom LOM28
Street Lighting Facilities
74 2605.3011 7'CONDT PVC SCH 40{Ty 260533 LF 13,098 $0.00 Nl7 BID
75 3441.1408 NO 6Insulated Elec CDndF 3441 10 LF 4.366 NO BID
76 3441.1633 Type 339 Arm 34 4120 EA 26 Tom NO BID
77 3441.3201 LED Lighting Fixture(R-2) 3.44120 EA 24 NO BID
78 3441.3201 LED Lighting Fixture R-4 41 EA 4 $0.00 NO BID
79 3441.3301 Rdwy Ilium TY 1,2,and 4 35 41 20 EA 28 $0.w NO BID
80 3441.3341 Rdwy Ilium TY 11 Poie 34 41 20 EA 28 0.00 NO BID
Street Lighting Subtotal NO 810
Bid Summa
WaterlSanitary SewerlStorm Drain Facilities Subtotal NO BID
Paving Facilities Subtotal $1,772,043,00
Street Li htil ng Facilities Subtotal NO BID
Total Bid 81,772,D43.00
Performance/Payment and 2-year Maintenance Bonds $36,600.00
Grand Total $1,807,543,00
This bid is submitted by the entity listed below-
Company:RPM xCONSTRUCTION,LLC By.Bill Pe
Street Address:6208 Tennyson Pkwy,Ste 130
City State,Zip Code: Plano,T%-75024 f
Phone:(214)239-4722 S na re
Title:VICE PRESIDENT
Date:0-03.2022
Contraelor g—I—pkle WORK for FINAL ACCEPTANCE xith in 59 enrl:lagjtA)x
CONTRACT w-w."s to run as pmOtkd In the Genera!Candltlms,
END OF SECTION
Crn'0fr0RT SDRT n an.e an.m ac
STANDARD CONURUCT[O.N BID MOPOS.iI.DEIECOP AC1MDEU I'Q*U IS Crq•Aojax=lU]6tlB
F—R�1-29-wm 414241 Bid?( .L
SECTION ae 42 43
Developer Awarded Projects-PROPOSAL FORM
Tradition,Phase 4C.Cin•Project k103628
UNIT PRICE RID
Project Item Information Bidder's Proposal
Bidlist Description Specification Unit of Eid Unit Prig Bid Value
Ikm 3cction No. M�sure nUly
W aler Facililies
1 0241,1118 4"12"Pressure Plug 0241 14 EA 2 30.00 $0.00
2 3305.0109 Trench Safety 33 05 10 LF 7.433 $0,00 $0.00
3 3311.0001 17uclile Iron Water Fittings w/Restraint 3311 11 TON 2.1 $o.00 $0,00
4 3311.0241 8"PVC Water Pipe 3311 12, LF 5,735 $0.00 $0,00
3311 5 3311.0241 8"PVC Water Pipe,CSS Backfiil 3311 10. LF 120 $0.00 $0.00
3311 1
6 3311,0461 12"PVC Water Pie 3311 12 LF 1.538 $0.00 $0.00
7 3311.0462 12"PVC Water Pipe.CSS BackFlll 3311 12 LF 40 $D.OD 50.00
8 3312.0001 Std.Fire Hydrant Assembly wl 6"Gate Valve&Valve Box 33 12 40 EA 6 $0.00 $0.00
9 3312,0117 Connect to Exlstin 8"W.L.Stub-cut 33 12 25 EA 1 $0.00 $O.DD
to 3312.0117 Connection to Existing 4"-12"Water Main 331225 EA 1 $0.00 $O.DO
11 3312.2003 1"Domestic Water Services 331210 EA Ill $0.D0 Sfl.00
12 3312.3003 8"Gate Valve&Valve Box 331220 EA 23 $D.00 $0.00
13 3312,3005 12"Gate Valve&Valve Box 33 12 20 EA 3 $0.00 sO-DD
Water Subtotal $0.00
Sanitary Sewer Fadlities
14 3137.0102 Lafqa Stone Ripray,dry 313700 SY 273 $0.00 $0.D0
15 3301.0002 Post-CCTV Inspection 330131 LF 10410 $0.00
16 3301.0101 Vacuum Test Manholes 33 01 30 EA 52 $0.00 $0.D0
17 3305.0109 Trench SafLty 330510 LF 10,410 $0.DO $0.00
18 3305.0113 Trench Water Stops 330515 EA 10 $0.00 $0.00
19 3331.3101 SDR-26 4"Sewer Services 33 31 50 ESA 112 $0.00 So.00
3311 10,
20 3331.4115 8"SDR-26 PVC Sewer Plpe 3331 12, LF 5,710 $0.00 $0.00
3331 20
3311 10,
21 3331.4118 8"PVC Sanitary Sewer Pipe wl CSS Backi ill 3331 12, LF 363 $0.00 $0.00
333120
3311 10,
22 3331.4201 10"SDR-26 PVC Sewer Pipe 3331 12, LF 1,194 $0.00 $0.00
33 3120
33 11 10,
23 3331.4208 12"SDR-26 PVC Sewer Pipe 33 31 12, LF 2,398 $0.00 $0.00
33 31 20
24 3331.4205 10"DIP Sewer 3311 10 LF 402 $0.00 $0.00
25 3331.4212 12"DIP Sewer 33 11 10 LF 323 $0.00 $0.00
26 3331.4213 12"DIP Sewer,CSS Backfill 3311 10 LF 20 $0.00 $0.00
27 3339.0001 E oxy Manhole Liner 33 39 60 VF 144 $0.00 $0.00
28 3339.1001 4'Std.Dla.Manhole 33 39 10, EA 52 $0.00 $0.D0
33 39 20
29 3339.1003 4'Extra Depth Manhole 33 39 10. VF 292 $0.00 $0.00
3,33920
30 19M.0001 Hydraulic Slide 00 00 00 EA 1 $0.00 $0.00
31 9999.0003 24"Steel Casio 00 00 00 LF 490 $0.00 $0.00
SanRary Sewer Subtotal $0.00
CfrY OF rOAT WOBTk[ iradiiim Pheee iC
Sr NDAP.D CONWPJX"ON BID WPOUL-MPAA M n1L'ODRD PROJFi Cif Pruden 01 Wm
F ATvbl�r n.mm Wit a}Mp,W
Storm Drain Facilities
32 3137.0104 Medium Ri ra .dry 31 37 00 SY 34 O.OD $0.00
33 3305.0109 Trench Safety 330510 LF 3 944 $0.00 $0.00
34 3305,0112 Concrete Collar 33 05 17 EA 5 O'DO $0.00
35 3341.0201 21"RCP,Class III 3341 10 LF 315 $O.OD $0.00
36 3341.0205 24"RCP,Class III 3341 10 LF 862 $0.00 $0.00
37 3341.0206 27"RCP,Class III 33 41 10 LF 260 '00 $0.00
38 3341.0309 36"RCP,Class III 3341 10 LF 661 $0.00 $0.00
39 3341.0402 42"RCA,Class III 3541 10 LF 298 $0.00 $0.00
40 3341.0409 48"RCP,Class III 3341 10 LF 199 W-00 $0.00
41 3349.0001 4'Storm Junction Box 334910 EA 4 $0.DD $0.00
42 3349.0102 5'Storm Junction Box 33 49 10 fA 3 $0.00 $0,00
43 3349,0102 4'Manhole Riser 334910 EA 6 $0.01)j $0.00
44 3349.5001 10'Curb Inlet 33 49 20 EA 16 So.00 $0.00
45 3349.5DO2 15'Curb Inlet 33 49 20 EA 4 SOAD $0.00
46 9999.00D1 10'x 6'Junction Box 00 00 00 EA 1 $0-01)i $0.00
47 9999.ODD2 Single V x 3'R.C.B.Headwall 00 00 00 EA 1 $0.00 $0.00
48 9999.ODD3 Connect To Exlstin 9 x 5'R.C.B. 00 00 00 EA 7 $0.00 $0.00
49 9999.OD04 4'X 4'R.C.B. Class III 00 00 00 LF 878 $0.00 $0.00
50 9999.ODO5 8'x 3'R.C.B.,Casa Ill 00 00 00 LF 360 $0.00 $0.00
51 9999,0006 9'x 5'R.C.B.,Class III 00 00 00 LF 111 $0.00 $0.00
52 9999.0007 Concrete Apron 00 00 00 SY 10 w00 $0.00
Storm Drain Subtotal 0.00
Waterl5anitary SewerlStorm Drain Facilities Subtotal O.OD
Pavina Facilities
63 3211-040D H rated Lime @ 36 IbVS.Y. Collector 32 11 29 TON 130 $0-OD $0.00
54 3211,0400 Hydrated Lime A 30 lbs./S.Y. Residentlal 32 11 29 TON 307 $O.DO 30.001
55 3211-0501 6"Llme Treated Sub rade Collector 32 11 29 SY 7,222 0.00 10.00
58 3211,0501 6"Lime Treated Sub grade Residential 32 11 29 SY 20,456 $OAD 0.00
57 3213.0101 8"Concrete Pavement Residential 32 13 13 SY 19,256 $0.00 $0.00
58 3213.0102 7"Concrete Pavement Collector 32 13 13 SY 6.869 $0.00 $0.00
59 3213,0301 5'Cone Sidewalk 31 1320 SF 2,520 $0.00 $0.00
80 3213,0301 6'Cone Sidewalk 31 1320 SF 16,380 $O.DO $O,DO
61 3213,0501 R-1 Ramp 321320 EA 18 $0.00 $0.DO
62 3291.01 DO Topsoil 32 32 13 CY 139 SO-001 $0.DO
63 3213.0506 P-1 Ramp 32 13 20 EA 12 $0.00 $0.00
64 3441-4003 Furniahllnstall Alum Sign[around Mount City Std. 34 41 30 EA 18 $0,00 $O.DO
65 3741.0001 Traffic Control 34 71 13 LS 1 $0.00 $O,DO
66 9999.0001 T pe III Barricade 00 00 00 EA 6 $0.00 50.00
67 9999.0002 Concrete Header 00 00 00 EA 5 $0,00 $0.00
68 9999.0003 Connect to Existing Pavement 00 00 00 EA 1 $0.00 $O,OD
69 9999.0004 Sawcut 00 00 00 LF 145 $0.00 $0.00
70 9999.0005 StOpIng 00 00 00 LS 1 $0.00 $O.OD
71 9999.0006 Remove Striping 00 00 00 LS 1 SO-00 W.00
72 9999.0007 R1A Stop Sign 000000 �A 15 $0,00 $O,DO
73 9999.0008 St Marker Blade 00 00 DO EA 72 $0.00 $O,DO
Pavina Subtotal
cirr of raRr WoxTn Thw�
Ur NEa COi6rRlk110ii 20 PROPOSALOI:YPI.OPPR AW'AROED MO=& Cw Pm�ret k30K±fl
F-R-sH1-29-= W42U Bid P.,p l
Street Liahtim Facillties
74 2605,3011 2"CONUT PVC SCH 40 T)i 26 05 33 LF 13,095 $1,46 $19.123.08
75 3441.1409 NO 6 Insulated Eiec Condr 3441 10 LF 4,366 $1.46 $6,374-36
76 3441.1633 Type 336Arm 344120 EA 28 $297.00 $8.316.00
77 3441.3201 LED Lighting Fixture R-2 344120 FA 24 $374.00 $8,976,00
78 3441.3201 LED Lighting Ughting Fixture(R-4) 3441 20 EA 4 $374.00 $1,496.00
79 3441.3301 Rawy Ilium TY 1,2,and 4 3641 20 EA 28 $3.096.00 S86.688.00
80 3441.3541 Rdwy Ilium TY 11 Pola 34 41 20 E4 28 0 $88,492.00
Street Lighting Subtotal $217,465.44
Bid Summary
Water73anitary SewerfStorrn Drain Facilities Subtotal $0.00
Paving Facilities Subtotal $0.00
Street Lighting Facilities Subtotal 3217,465.44
Total Bid $217,465.44
Performance/Payment and 2-year Maintenance Bonds $3,103.00
Grand Total $220,568.44
This bid is submitted by the entity listed below.
Independent Utility Constntction,Inc. chard Wolfe
5109 Sun Valley Or
Fort Worth,TX 76119
817-478-444—offce@Iuctx.com Sig e
Preslaent
Y-tU2422
Contractor agrees to com pine WORN for FINAL ACCEPTANCE within 30 —king days
CONTRACT commences to run m pr-ided in the Gcmcmt Conditions.
END OF SECTION
cnr of roar woarr raic�rnmr ac
s MMW LN)Nn eio PA[RQO LJ VE Pk nwnaom PIWIEM Ciq Y.yec t1v3618
r�Fr.r:.e r.,"„ha9.mxi wy±s7 ai A+wor
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
Tradition,Phase 4C,City Project#103628
UNIT PRICE BID
Project Item Infonnation Bidder's Proposal
Bidlist Specification Unit of Bid
IIem Description Unit Price Bid Value
Section No. Measure ti
Water Facifi ies
1 0241.1118 4%12"Pressure Plug 0241 14 EA 21$220.00,
$1,650.00
2 3305.0109 Trench Safety33 05 10 LF 7,433 $24,528.90
3 3311.0001 Ductile Iron Water Fitti s w/Restraint 33 11 11 TON 2.1 $28,875.00
4 3311.0241 8"PVC Water Pipe 3311 10. LF 5,735 $346,967.50
33 11 12
5 3311.0241 8"PVC Water Pipe,CSS Backfill 33 11 10, LF 120 $12,600.00
3311 12
6 3311.0461 12"PVC Water Pi 331112 LF 1,538 $169180.00
7 3311.0462 12"PVC Water Pipe,CSS Backfill 3311 12 LF 40 $8 800.00
8 3312.0001 Sid.Fire Hydrant Assembly w/6"Gate Valve&Valve Box 331240 EA 6 $6 050.00 $36.300.00
9 3312.0117 Connect to Existing 8"W.L.Stub-out 33 12 25 EA 1 $1,650.00 $1,650.00
10 3312.0117 Connection to Existing 4".12"Water Main 331225 EA 1 $5,500.00 $5,500.00
11 3312.2003 1"Domestic Water Services 331210 EA 111 $1.100.00 $122,100.00
12 3312.3003 8"Gate Valve&Valve Box 331220 EA 23 $2,200.00 $50,600.00
13 3312.3005 12"Gate Valve&Valve Box 331220 EA 3 $4,016.00 $12,045.00
Water Subtotal $820,796A0
Sanftary Sewer Facilities
14 3137.0102 La a Stone Riprap,dry 313756 SY 273 $303.00 $82,719.00
15 3301.0002 Post-CCTV Inspection 330131 LF 10,355 $2.89 $29,925.95
16 3301.0101 Vacuum Test Manholes 33 01 30 EA 52 $165.00 $8,580.00
17 3305.0109 Trench Safety 33 05 10 LF 10,356 $2.25 $23,298.75
18 3305.0113 Trench Water Stops 330515 EA 10 $660.00 $6,600.00
19 3331.3101 SDR-26 4"Sewer Services 33 31 50 EA 112 $825.00 $92 400.00
3311 10,
20 3331.4115 8"SDR-26 PVC Sewer Pipe 3331 12, LF 5,710 $55.00 $314,050.00
33 31 20
3311 10,
21 3331.4116 8"PVC Sanitary Sewer Pipe w/CSS Backfill 3331 12, LF 363 $89.00 $32,307.00
33 31 20
33 11 10.
22 3331.4201 10"SDR-26 PVC Sewer Pipe 3331 12, LF 1,194 $97.00 $115,818.00
33 31 20
3311 10,
23 3331.4208 12"SDR-26 PVC Sewer Pipe 3331 12, LF 2,207 $110.00 $242,770.00
33 31 20
24 3331.4205 10"DIP Sewer 3311 10 LF 402 $215.00 $88 430.00
25 3331.4212 12"DIP Sewer 3311 10 LF 459 $235.00 $107,865.00
26 13331.4213 12'DIP Sewer,CSS Backfitl 3311 10 LF 20 $275.00 $5 500.00
27 3339.0001 E Manhole Liner 33 39 60 VF 144 $250.00 $36.000.00
28 3339.1001 4'Std.Dia.Manhole 33 39 10. EA 52 $5,500.00 $286,000.00
33 39 20
29 3339.1003 4'Extra Depth Manhole 33 39 10. VF 284 $400.00 $113,600.00
33 920
30 9999.0001 Hydraulic Slide 00 00 00 EA 1 $8,800.00 $8,800.00
31 3305.1104 24"Steel CasingB Other Than Open Cut 00 00 00 LF 521 $842.05 $438.682.00
32 9999.0003 Connect to Existing,Core Ex.Manhole 00 00 00 EA 1 1 $7,500,001 $7,500.00
Sanitary Sewer Subtotal 1 $2,038,045.70
CRY OFFORTWORTJI TnNtimF GC
STANDARD CONURUMON BID PROPOSALDEVUOPER AWARDED PROMM Citya w#103611
Fmm0.n Jmmry Z%Nu0 00'1'1 nW P.,.W
Storm Drain Facilities
33 13137.0104 Medium RI re ,dry 31 37 00 SY 34 $220.00 $7,480.00
34 3305.0109 Trench Safety 33 05 10 LF 3.944 $2.25 $8 874.00
35 3305,0112 Concrete Collar 33 05 17 FA 8 $1 600.00 $12 800.00
36 3341.0201 21'RCP Class III 3341 10 LF 315 $72.00 $22,680.00
37 3341.0205 24"RCP,Class 111 3341 10 LF 862 $815.00 $73,270.00
38 3341.0208 27"RCP,Class III 3341 10 LF 260 $90.00 $23 400.00
39 3341.0309 36"RCP,Class 111 3341 10 LF 661 $145.00 $95,845.00
40 3341.0402 42"RCP,Class 111 3541 10 LF 298 $192.00 $57.216.00
r44
3341.0409 48"RCP,Class 111 3341 10 LF 199 $230.00 $45,770.00
3349.0001 4'Storm Junction Box 33 49 10 FA 4 $4,400.00 $17,600.00
3349.0102 5'Storrn Junction Box 334910 EA 3 $5 300.00 $15,900.00
3349.0102 4'Manhole Riser 334910 EA 6 $2 750.00 $16,500.00
3349.5001 10'Curb Inlet 334920 EA 16 $6 325.00 $101,200.00
3349.5002 16 Curb Inlet 334920 EA 4 $6,820.00 $27,280.00
9999.0001 10'x 5'Junction Box 00 00 00 EA 1 $27,5W.00 $27,500.00
99990002 Sin le 8'x 3'R.C.B.Headwall 00 00 00 FA 1 13 750.00 $13,750.00
9999.0003 Connect To EAsti 9'x 5'RC.B. 00 00 00 EA 1 $5 500.00 $5 500.00
50 19999.0004 4'X 4'R.C.B. Class III 00 00 00 LF 878 $421.00 $369 638.00
51 9999.0005 IT T R.C.B.,Cass 111 000000 00 LF 360 $700.00 $252 000.00
52 19999.0006 9'x 5'R.C.B.,Class ill 1 00 00 00 LF 111 $855.00 $94,905.00
53 19999.0007 Concrete Apron 00 00 00 SY 10 $275001 $2,750.00
Storm Drain Subtotal 1,291.858.00
Water/Sanitary Sewer/Storm Drain Facilities Subtotal ,151 5500.10
Pavina Facilities
54 13211.0400 Hydrated Lime @ 36lbs.S. .(Collector NO BID
55 3211.0400 Hydrated Line @ 30lbs./S.Y. Residential 321129 TON 307 NO BID
56 3211.0501 6"Lime Treated Su rade Collector 32 11 29 SY 7,222 NO BID
57 3211.0501 6"Lime Treated Subgrade Residential 1 NO BID
58 3213.0101 6"Concrete Pavement(Residential) 3 13 13 Y 19, NO BID
59 3213.0102 7'Concrete Pavement(Collector) NO BID
60 3213.0301 5'Conc Sidewalk 31 1320 SF 2.520 NO BID
61 3213.0301 6'Conc Sidewalk 31 1320 SF 15,380 NO BID
62 3213.0501 R-1 Ramp 3213 20 8 NO BID
63 3291.0100 Topsoil 323213 1 NO BID
64 3213.0506 PA Ramp NO BID
65 3441.4003 Fumish/Instail Alum Sign Ground Mount City Sid. FA 1 NO BID
66 3741.0001 Traffic Control LS NO BID
67 9999.0001 Type Ili Barricade 00 6 NO BID
68 9999.002 Concrete Header NO BID
69 9999.0003 Connect to Existing Pavement DO 00 EA 1 NO BID
70 9999.0004 Sawcui NO BID
71 99 9. 005 plug 00 0 L 1 NO BID
72 0 emove Striping NO BID
73 9999.0007 R1-1 Stop Sign EA NO BID
74 9999.0008 St Marker Blade 00 00 00 EA 7 NO 81D
Paving Subtotal
CfrY Of FORT WORTa Tndiem lbw 4C
STANDARD CONSTR=10N DID PROPOSAIAEVEIA AWARDED PROrPM Cityp'gWk10362d
Pma Re+ifed lanmry 39,2020 OO d343 Did P,vpw"I
Street Lighting Facilities
75 2605.3011 2"CONDT PVC SCH 40 LF 13,098 NO BID
76 3441.1408 NO 6 Insulated Elec Condr 3441 10 LF 4,366 NO BID
77 3441.1633 Type 33B Ann 34 41 20 EA 28 NO BID
78 3441.3201 LED Lighting Fixture R-2) 34 41 20 EA 24 NO BID
79 3441.3201 LED Lighting Fixture R-4) 344120 Eli, 4 NO BID
80 3441.3301 Rdwy Ilium TY 1,2,and 4 35 41 20 EA 28 NO BID
81 3441.3341 Rdwy Ilium TY 11 Pole 34 41 20 EA 28 NO BID
Street Lighting Subtotal NO BID
Bid Summary
Water/Sanitary Sewer/Stortn Draln Facilities Subtotal ,151,600.10
Paving Facilities Subtotal NO BID
Street Lighting Facilities Subtotal NO BID
Total Bid $4,161,500.10
"Performance/Payment and 2-year Maintenance Bonds $65,000.00
Grand Total $4,216,500.10
PLEASE NOTE:BONDS ARE NOT A BID ITEM
This bid is submitted by the entity listed below:
Company:RPMx CONSTRUCTION,LLC By:Bill P
Street Address:5208 Tennyson Pkwy,Ste 130
City,State,Zip Code: Plano,TX 75024
Phone:(214)239-4722 Sign re
Title:VICE PRESIDENT
Date:03-10-2022
Cont—tor agreer to mmpkte WORK for FINAL ACCEPTANCE efthln 100 Working dny6
CONTRACT commences to run as provided In the Ceaeral Coodieons.
END OF SECTION
CITY OF FORT WORT29 Tnd—Pima 4C
STANDARDWNSfRUCnON 510 PROPOSALDUELOFER AWARDED PROIECrS cgftgJ 0I0628
Forte Rvaird9u,wer29.2.. W 42 4J tad PI pond
DocuSign Envelope ID:A468D040-DA41-405D-135F0-9428BE1 D81369
COMPLETION AGREEMENT— SELF FUNDED
This Completion Agreement("Agreement"), is made and entered into by and between the
City of Fort Worth, ("City") and HT HWY 114 Development LP, a Texas Limited Partnership,
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 33.711 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 or FS_and
WHEREAS, the Developer and the City have entered into a Community Facilities
Agreement relating to the development,Tradition Phase 4C for Water, Sewer Paving, Storm Drain,
Street Lights ("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 six million, one hundred and forty-one thousand, and eight dollars and
fifty four cents Dollars ($6,141,008.54), hereinafter called the "Completion Amount".
Notwithstanding the foregoing, it is acknowledged that the actual costs of completion of
City of Fort Worth, Texas
Standard Completion Agreement— Self-Funded Revised 09.07.2017 7LE
CFA Official Release Date: 07.01.2015
Page 1 of 14
DocuSign Envelope ID:A468D040-DA41-405D-135F0-9428BE1 D81369
the Community 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 Facilities
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 respect to 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 7LE
CFA Official Release Date: 07.01.2015
Page 2 of 14
DocuSign Envelope ID:A468D040-DA41-405D-135F0-9428BE1 D81369
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. oovv
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 14
DocuSign Envelope ID:A468D040-DA41-405D-135F0-9428BE1 D81369
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:
2700 Commerce Street, Suite 1600 Dallas, TX 75226
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. Le;zal 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 Aueements 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.
H. Heading. 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.
City of Fort Worth, Texas
Standard Completion Agreement— Self-Funded Revised 09.07.2017 7LE
CFA Official Release Date: 07.01.2015
Page 4of14
DocuSign Envelope ID:A468D040-DA41-405D-135F0-9428BE1 D81369
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
City of Fort Worth, Texas
Standard Completion Agreement— Self-Funded Revised 09.07.2017 7LE
CFA Official Release Date: 07.01.2015
Page 5of14
DocuSign Envelope ID:A468D040-DA41-405D-135F0-9428BE1 D81369
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:
HT HWY 114 Development, LP
15ata-L5=L (see attached)
Dana Burghdoff(Way 28,2 14:12 CDT)
Dana Burghdoff Name: Robert W. Witte
City Manager Title: Senior Managing Director
Date: May 28,2022 Date: 05/06/2022
Approved as to Form &Legality:
Richard A.McCracken(May 23,2022 11:58 CDT)
Richard A. McCracken
Assistant City Attorney
ATTEST:
foRr
4Affiette S.Goodall(Jun 1,2022 21: ST) O O G
Jannette Goodall P� °4 0,
City Secretary �t�00 S=d
° o*,d
o°
° cf
M&C: ��� °0000000° A'
Date: Jun 1,2022 ��nEXASaAp
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth, Texas
Standard Completion Agreement— Self-Funded Revised 09.07.2017 7LE
CFA Official Release Date: 07.01.2015
Page 6 of 14
DocuSign Envelope ID:A468D040-DA41-405D-B5F0-9428BE1 D81369
HT HWY 114 DEVELOPMENT LP
By: HT Hwy 114 Development LLC, its general partner
By: HT Hwy 114 LP, its sole member
By: Hines Hwy 114 LLC, its general partner
By: Hines Hwy 114 Associates LP, its sole member
By: Hines Investment Management Holdings Limited
Partnership, its general partner
DocuSigned by:
Wm
DS By: 8"R":9...
Name: Robert W. Witte
Title: Senior Managing Director
DocuSign Envelope ID:A468D040-DA41-405D-135F0-9428BE1 D81369
City of Fort Worth, Texas
Standard Completion Agreement— Self-Funded Revised 09.07.2017 7LE
CFA Official Release Date: 07.01.2015
Page 7 of 14
DocuSign Envelope ID:A468D040-DA41-405D-135F0-9428BE1 D81369
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 7LE
CFA Official Release Date: 07.01.2015
Page 8 of 14
DocuSign Envelope ID:A468D040-DA41-405D-135F0-9428BE1 D81369
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 7LE
CFA Official Release Date: 07.01.2015
Page 9 of 14
DocuSign Envelope ID:A468D040-DA41-405D-135F0-9428BE1 D81369
EXHIBIT A
LEGAL DESCRIPTION
All that certain lot, tract, or parcel of land, situated in a
portion of the Guadalupe Cardinas Survey, Abstract No. 214,
Denton County, Texas, being part of that certain called
383.83 acre tract described in a deed to HT HWY 1 14 Land 2
L.P. recorded in Document No. 2020-37541 of the Deed
Records of Denton County, Texas (DRDCT) , and being more
completely described as follows, to-wit:
BEGINNING at a 5/8" capped iron rod found stamped
"CARTER & BURGESS" for the Southwest corner of said 383.83
acre tract and being in the North right-of-way line of State
Highway 114 (variable width right-of-way) ;
THENCE North 00 deg. 31 min. 57 sec. West along the East line
of a called 435.5 acre tract described in a deed to The 1990
Betty Marie McIntyre Irrevocable Trust, et al recorded in
Volume 2906, Page 363 (DRDCT) and the West line of said
383.83 acre tract, a distance of 1 ,891 .45 feet to a 1 /2''
capped iron rod set stamped "GOODWIN & MARSHALL"
hereinafter referred to as 1 /2'' capped iron rod set;
THENCE North 89 deg. 27 min. 24 sec. East departing said East
and West lines, a distance of 247.50 feet to a 1 /2'' capped
iron rod set for a Point of Curvature of a circular curve to the
right, having a radius of 470.00 feet, a central angle of 15
deg. 06 min. 20 sec., and being subtended by a chord which
bears South 82 deg. 59 min. 26 sec. East - 123.55 feet;
THENCE in an easterly direction along said curve to the right,
a distance of 123.91 feet to a 1 /2'' capped iron rod set;
THENCE South 27 deg. 59 min. 56 sec. East non-tangent to
said curve, a distance of 13.68 feet to a 1 /2'' capped iron rod
set;
THENCE South 71 deg. 10 min. 10 sec. East, a distance of
50.00 feet to a 1 /2'' capped iron rod set;
City of Fort Worth, Texas
Standard Completion Agreement— Self-Funded Revised 09.07.2017 7LE
CFA Official Release Date: 07.01.2015
Page 10 of 14
DocuSign Envelope ID:A468D040-DA41-405D-135F0-9428BE1 D81369
THENCE North 65 deg. 39 min. 35 sec. East, a distance of 13.68
feet to a 1 /2'' capped iron rod set for a Point of Curvature of
a non-tangent circular curve to the right, having a radius of
470.00 feet, a central angle of 27 deg. 28 min. 33 sec., and
being subtended by a chord which bears South 53 deg. 09
min. 48 sec. East - 223.23 feet;
THENCE in a southeasterly direction along said curve to the
right, a distance of 225.39 feet to a 1 /2'' capped iron rod set;
THENCE South 39 deg. 25 min. 32 sec. East tangent to said
curve, a distance of 363.02 feet to a 1 /2'' capped iron rod
set;
THENCE South 05 deg. 34 min. 28 sec. West, a distance of
14. 14 feet to a 1 /2'' capped iron rod set;
THENCE South 39 deg. 25 min. 32 sec. East, a distance of
50.00 feet to a 1 /2'' capped iron rod set;
THENCE South 84 deg. 25 min. 32 sec. East, a distance of
14. 14 feet to a 1 /2'' capped iron rod set;
THENCE South 39 deg. 25 min. 32 sec. East, a distance of
368.84 feet to a 1 /2'' capped iron rod found stamped
"GOODWIN & MARSHALL" hereinafter referred to as 1 /2''
capped iron rod found, for a PI in the Northwest right-of-way
line of Winding Meadows Drive (variable width right-of-way)
recorded in Document No. 2021 -87 of the Plat Records of
Denton County, Texas ( PRDCT) ;
THENCE in a southerly direction along the Northwest right-of-
way line of said Winding Meadows Drive the following twelve
( 1 2) courses;
South 05 deg. 34 min. 28 sec. West, a distance of 106.07
feet to a 1 /2'' capped iron rod found;
South 50 deg. 34 min. 28 sec. West, a distance of 146.70
feet to a 1 /2'' capped iron rod found for a Point of
Curvature of a circular curve to the right, having a
City of Fort Worth, Texas
Standard Completion Agreement— Self-Funded Revised 09.07.2017 7LE
CFA Official Release Date: 07.01.2015
Page 11 of 14
DocuSign Envelope ID:A468D040-DA41-405D-135F0-9428BE1 D81369
radius of 500.00 feet, a central angle of 08 deg. 01 min.
39 sec., and being subtended by a chord which bears
South 54 deg. 35 min. 18 sec. West - 70.00 feet;
Continue in a southwesterly direction along said curve
to the right, a distance of 70.05 feet to a 1 /2'' capped
iron rod found;
South 58 deg. 36 min. 07 sec. West tangent to said
curve, a distance of 66. 12 feet to a 1 /2'' capped iron
rod found for a Point of Curvature of a circular curve to
the left, having a radius of 480.00 feet, a central angle
of 18 deg. 46 min. 48 sec., and being subtended by a
chord which bears South 49 deg. 12 min. 43 sec. West -
156.63 feet;
Continue in a southwesterly direction along said curve
to the left, a distance of 157.33 feet to a 1 /2'' capped
iron rod found;
South 84 deg. 00 min. 30 sec. West non-tangent to said
curve, a distance of 14.20 feet to a 1 /2'' capped iron
rod found;
South 35 deg. 38 min. 18 sec. West, a distance of 50.08
feet to a 1 /2'' capped iron rod found;
South 09 deg. 34 min. 43 sec. East, a distance of 14.95
feet to a 1 /2'' capped iron rod found for a Point of
Curvature of a non-tangent circular curve to the left,
having a radius of 480.00 feet, a central angle of 36
deg. 09 min. 32 sec., and being subtended by a chord
which bears South 13 deg. 22 min. 30 sec. West - 297.92
feet;
Continue in a southerly direction along said curve to the
left, a distance of 302.92 feet to a 1 /2'' capped iron rod
found;
South 04 deg. 42 min. 16 sec. East tangent to said curve,
a distance of 275.25 feet to a 1 /2'' capped iron rod
City of Fort Worth, Texas
Standard Completion Agreement— Self-Funded Revised 09.07.2017 7LE
CFA Official Release Date: 07.01.2015
Page 12 of 14
DocuSign Envelope ID:A468D040-DA41-405D-135F0-9428BE1 D81369
found for a Point of Curvature of a circular curve to the
right, having a radius of 500.00 feet, a central angle of
04 deg. 31 min. 04 sec., and being subtended by a
chord which bears South 02 deg. 26 min. 44 sec. East -
39.42 feet;
Continue in a southerly direction along said curve to the
right, a distance of 39.43 feet to a 1 /2'' capped iron rod
found;
South 00 deg. 1 1 min. 12 sec. East tangent to said curve,
a distance of 64.37 feet to a 1 /2'' capped iron rod found
for the Southwest corner of said Winding Meadows Drive
and being in the North right-of-way line of said State
Highway 1 14 and the South line of said 383.83 acre
tract;
THENCE in a westerly direction along said North right-of-way
line and South line the following five (5) courses;
South 89 deg. 49 min. 00 sec. West, at 15.06 feet pass a
5/8" capped iron rod found stamped "CARTER &
BURGESS", continue a total distance of 175.58 feet to a
1 /2'' capped iron rod set;
North 00 deg. 31 min. 37 sec. West, a distance of 14.98
feet to a TX DOT Disk Monument;
South 89 deg. 49 min. 58 sec. West, a distance of 249.93
feet to a TX DOT Disk Monument;
South 00 deg. 15 min. 07 sec. East, a distance of 14.73
feet to a 1 /2'' capped iron rod set;
South 89 deg. 47 min. 07 sec. West, a distance of 240. 13
feet to a 1 /2'' capped iron rod set to the POINT OF
BEGINNING, containing 1 ,468,467 square feet or 33.711
acres of land, more or less.
City of Fort Worth, Texas
Standard Completion Agreement— Self-Funded Revised 09.07.2017 7LE
CFA Official Release Date: 07.01.2015
Page 13 of 14
DocuSign Envelope ID:A468D040-DA41-405D-135F0-9428BE1 D81369
EXHIBIT B
APPROVED BUDGET
Items Developer's Cost
A. Water and Sewer Construction
1. Water Construction $ 820,796.40
2. Sewer Construction $ 2,038,845.70
Water and Sever Construction Total $ 2,859,642.10
B. TPW Construction
1. Street $ 1,772,043.00
2. Storm Drain $ 1,291,858.00
3. Street Lights Installed by Developer $ 217,465.44
4. Signals $ -
TPW Construction Cost Total $ 3,281,366.44
Total Construction Cost(excluding the fees): $ 6,141,008.64
Estimated Construction Fees:
C. Construction Inspection Service Fee $56,250.00
D. Administrative Material Testing Service Fee $20,825.00
E. Water Testing Lab Fee $1,500.00
Total Estimated Construction Fees: $ 78,676.00
Choice
Rnancial Guarantee Options,choose one Amount Mark one
Bond = 100% $ 6,141,008.54
Completion Agreement= 100%/Holds Plat $ 6,141,008.54 X
Cash Escrow Water/Sanitary Sewer= 125% $ 3,574,552.63
Cash Escrow Paving/Storm Drain = 125% $ 4,101,708.05
Letter of Credit= 125% $ 7,676,260.68
City of Fort Worth, Texas
Standard Completion Agreement— Self-Funded Revised 09.07.2017 7LE
CFA Official Release Date: 07.01.2015
Page 14 of 14