HomeMy WebLinkAboutContract 57677 Received Date: Jun 13,2022
Received Time: 3:32 pm
Developer and Project Information Cover Sheet:
Developer Company Name: NTP35,LP
Address, State,Zip Code: P.O.Box 628,Fort Worth,TX 76101
Phone &Email: 817-236-6100; stevekmckeever.us
Authorized Signatory,Title: Steve McKeever,Manager
Project Name: North City Addition,Phase 2
Brief Description: Water, Sewer
Project Location: North Tarrant Parkway and I35
Plat Case Number: Not Provided Plat Name: North City Addition
Mapsco: 117 E& 117F Council District: 6
CFA Number: CFA22-0050 City Project Number: 1034901 IPRC21-0081
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth,Texas Page 1 of 19
Standard Community Facilities Agreement
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City Contract Number: 57677
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 NTP35,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 desires to construct private improvements or subdivide land within the
corporate limits of Fort Worth, Texas or its extraterritorial jurisdiction, for a project known as North City
Addition("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 City's 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 City's approval of the Project, Developer is required to meet the
additional obligations contained in 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 approved by the City Council of the City("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.
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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 procure
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
❑ Exhibit B: Paving
❑ Exhibit 13-1: Storm Drain
❑ Exhibit C: Street Lights& Signs
The Location Map and Cost Estimates are also attached hereto and incorporated herein by
reference. To the extent that Exhibits A, A-1, B, B-1, C, the Location Map, or the Cost Estimates
conflict with the Engineering Plans,the Engineering Plans shall control. If applicable,Attachment 1 —
Changes to Standard Community Facilities Agreement, Attachment 2 — Phased CFA Provisions, and
Attachment 3 — Concurrent CFA Provisions, are attached hereto and incorporated herein for all
purposes.
4.
Construction of Improvements
Developer agrees to cause the construction of the Improvements contemplated by this Agreement
and that said construction shall be completed in a good and workmanlike manner and in accordance with
all City standards and specifications, the Engineering Plans, the Cost Estimates provided for the
Improvements,and this Agreement. Developer acknowledges that City will not accept the Improvements
until the City receives affidavits and lien releases signed by Developer's contractors verifying that the
contractors, and all subcontractors and material suppliers, have been paid in full for constructing the
Improvements, and consent of the surety on payment and performance bonds provided for the
Improvements.
5.
Financial Guarantee
Developer has provided the City with a financial guarantee in the form and amounts set forth in
this Agreement which guarantees the construction of the Improvements and payment by Developer of
all contractors, subcontractors, and material suppliers for the construction of 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. Once the Project has been completed, the City has
officially accepted the Improvements, and the City has reconciled the estimated fees and any payments
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owed to the City have been paid by Developer as required by section 14 of this Agreement, then the
City will release Developer's Financial Guarantee.
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 if before the expiration of the Term, and any Extension Period, the Developer
materially breaches this Agreement, files for bankruptcy, or fails to pay all undisputed costs of
construction for the Improvements.
(c) Intentionally deleted.
(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 reasonable 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
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(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
reasonable 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)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.
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11.
Easements and Rights-of-Way
Developer agrees to provide,at its expense,all necessary rights-of-way and easements required for
the construction and dedication to the City of the Improvements provided for by this Agreement.
12.
Liability and Indemnification
(a) DEVELOPER HEREBY RELEASES AND AGREES TO INDEMNIFY, DEFEND AND
HOLD THE CITY HARMLESS FOR ANY INADEQUACIES IN THE PRELIMINARY
PLANS, SPECIFICATIONS, ENGINEERING PLANS, AND COST ESTIMATES
SUPPLIED BY THE DEVELOPER FOR THIS AGREEMENT.
(b) THE DEVELOPER COVENANTS AND AGREES TO,AND BY THESE PRESENTS DOES
HEREBY FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS
OFFICERS,AGENTS AND EMPLOYEES FROM ALL SUITS,ACTIONS OR CLAIMS OF
ANY CHARACTER, WHETHER REAL OR ASSERTED,BROUGHT FOR OR ONACCOUNT
OFANYINJURIES OR DAMAGES SUSTAINED BYANYPERSONS,INCL UDING DEATH,
OR TO ANY PROPERTY, RESULTING FROM OR IN CONNECTION WITH THE
CONSTRUCTION, DESIGN, PERFORMANCE OR COMPLETION OF ANY OF THE
IMPROVEMENTS TO BE PERFORMED BY SAID DEVELOPER, ITS CONTRACTORS,
SUBCONTRACTORS,OFFICERS,AGENTS OR EMPLOYEES,OR IN CONSEQUENCE OF
ANY FAIL URE TO PROPERLYSAFEGUARD THE WORK ON THE IMPROVEMENTS,OR
ON ACCOUNT OF ANY ACT, INTENTIONAL OR OTHERWISE, NEGLECT OR
MISCONDUCT OF SAID DEVELOPER, ITS CONTRACTORS, SUB-CONTRACTORS,
OFFICERS,AGENTS OR EMPLOYEES.
(c) DEVELOPER WILL REQUIRE ITS CONTRACTORS TO FULL Y INDEMNIFY,DEFEND
AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES
FROMALL SUITS,ACTIONS OR CLAIMS OFANY CHARACTER, WHETHER REAL OR
ASSERTED, BROUGHT FOR OR ON ACCOUNT OF ANY INJURIES OR DAMAGES
SUSTAINED BY ANY PERSONS, INCLUDING DEATH, OR TO ANY PROPERTY,
RESULTING FROM, OR IN CONNECTION WITH, THE CONSTRUCTION, DESIGN,
PERFORMANCE OR COMPLETION OF ANY OF THE IMPROVEMENTS TO BE
PERFORMED BY SAID CONTRACTOR, ITS SUBCONTRACTORS, OFFICERS,
AGENTS OR EMPLOYEES, OR IN CONSEQUENCE OFANYFAILURE TO PROPERLY
SAFEGUARD THE WORK ON THE IMPROVEMENTS, OR ONACCOUNT OFANYACT,
INTENTIONAL OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID
CONTRACTOR, ITS SUB CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES,.
FURTHER, DEVELOPER WILL REQUIRE ITS CONTRACTORS TO FULLY
INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY FOR ANY LOSSES,
DAMAGES, COSTS OR EXPENSES SUFFERED BY THE CITY OR CA USED AS A RESULT
OF SAID CONTRACTORS'OR THEIR SUB-CONTRACTORS',OFFICERS',AGENTS"OR
EMPLOYEES' FAILURE TO COMPLETE THE WORK AND CONSTRUCT THE
IMPRO VEMENTS INA GOOD AND WORKMANLIKE MANNER,FREEFROMDEFECTS,
IN CONFORMANCE WITH THE CFA ORDINANCE,AND IN ACCORDANCE WITH ALL
PLANS AND SPECIFICATIONS.
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13.
Right to Enforce Contracts
Upon completion of all work associated with the construction of the Improvements,Developer will
assign to the City a non-exclusive right to enforce the contracts entered into by Developer with its
contractors,along with an assignment of all warranties given by the contractors,whether express or implied.
Further,Developer agrees that all contracts with any contractor shall include provisions granting to the City
the right to enforce such contracts as an express intended third party beneficiary of such contracts.
14.
Estimated Fees Paid by Developer; Reconciliation
Prior to execution of this Agreement, Developer has paid to the City the estimated cost of
administrative material testing service fees, construction inspection service fees, and water testing lab fees
in the amounts set forth in the Cost Summary section of this Agreement. Upon completion of the
construction of the Improvements, the City will reconcile the actual cost of administrative material testing
service fees, construction inspection service fees, and water testing lab fees with the estimated fees paid
by Developer. If the actual costs of the fees are more than the estimated payments made by the Developer,
the Developer must pay the difference to the City before the Improvements will be accepted by the City. If
the actual costs of the fees are less than the estimated payments made by the Developer,the City will refund
the difference to the Developer.If the difference between the actual costs and the estimated payments made
by the Developer is less than fifty dollars($50.00),the City will not issue a refund and the Developer will
not be responsible for paying the difference. The Financial Guarantee will not be released by the City or
returned to the Developer until reconciliation has been completed by the City and any fees owed to the City
have been paid by the Developer.
15.
Material Testing
The City maintains a list of pre-approved material testing laboratories. The Developer must
contract with material testing laboratories on the City's list. Material testing laboratories will provide copies
of all test results directly to the City and the Developer. If the Improvements being constructed fail a test,
the Developer must correct or replace the Improvements until the Improvements pass all retests. The
Developer must pay the material testing laboratories directly for all material testing and retesting.The City
will 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 NTP35, LP
City of Fort Worth P.O. Box 628
200 Texas Street Fort Worth, Texas 76101
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Fort Worth, Texas 76102
With copies to:
City Attorney's Office
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
and
City Manager's Office
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
Or to such other address one party may hereafter designate by notice in writing addressed and
mailed or delivered to the other party hereto.
17.
Right to Audit
Developer agrees that, until the expiration of three (3) years after acceptance by the City of the
Improvements constructed pursuant to this Agreement, that the City shall have access to and the right to
examine any directly pertinent books, documents, papers and records of the Developer involving
transactions relating to this Agreement. Developer agrees that the City shall have access during normal
working hours to all necessary Developer facilities and shall be provided adequate and appropriate
workspace in order to conduct audits in compliance with the provisions of this section. The City shall give
Developer reasonable advance notice of intended audits.
Developer further agrees to include in all contracts with Developer's contractors for the
Improvements a provision to the effect that the contractor agrees that the City shall,until the expiration of
three (3)years after final payment under the contract,have access to and the right to examine any directly
pertinent books, documents,papers and records of such contractor, involving transactions to the contract,
and further,that City shall have access during normal working hours to all of the contractor's facilities,and
shall be provided adequate and appropriate work space in order to conduct audits in compliance with the
provisions of this section. City shall give Developer's contractors reasonable advance notice of intended
audits.
18.
Independent Contractor
It is expressly understood and agreed that Developer and its employees, representative, agents,
servants,officers,contractors,subcontractors,and volunteers shall operate as independent contractors as to
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
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superior shall not apply as between the City and its officers, representatives, agents, servants and
employees, and Developer and its employees, representatives, agents, servants, officers, contractors,
subcontractors, and volunteers. Developer further agrees that nothing herein shall be construed as the
creation of a partnership or joint enterprise between City and Developer. It is further understood that the
City shall in no way be considered a co-employer or a joint employer of Developer or any employees,
representatives, agents, servants, officers, contractors, subcontractors, and volunteers of Developer.
Neither Developer,nor any officers, agents, servants, employees or subcontractors of Developer shall be
entitled to any employment benefits from the City. Developer shall be responsible and liable for any and
all payment and reporting of taxes on behalf of itself, and any of employees, representatives, agents,
servants,officers,contractors, subcontractors, and volunteers.
The City, through its authorized representatives and employees, shall have the sole and exclusive
right to exercise jurisdiction and control over City employees.
19.
Applicable Law; Venue
This Agreement shall be construed under and in accordance with Texas law. Venue shall be in
the state courts located in Tarrant County, Texas or the United States District Court for the Northern
District of Texas,Fort Worth Division.
20.
Non-Waiver
The failure of the City to insist upon the performance of any term or provision of this Agreement
or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent
of City's right to assert or rely on any such term or right on any future occasion.
21.
Governmental Powers and Immunities.
It is understood that by execution of this Agreement, the City does not waive or surrender
any of its governmental powers or immunities.
22.
Headings
The paragraph headings contained herein are for the convenience in reference and are not intended
to define or limit the scope of any provision of this Agreement.
23.
Severability
In the event that any clause or provision of this Agreement shall be held to be invalid by any
court of competent jurisdiction, the invalidity of such clause or provision shall not affect any of the
remaining provisions hereof.
24.
Review of Counsel
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City and Developer, and if they so choose,their attorneys,have had the opportunity to review
and comment on this document;therefore any rule of contract construction or interpretation that would
normally call for the document to be interpreted as against the drafting party shall not apply in
interpretation of this Agreement, and each section, portion, and provision of this Agreement shall be
construed solely on the basis of the language contained therein, regardless of who authored such
language.
25.
Prohibition on Boycotting Israel
Developer acknowledges that in accordance with Chapter 2271 of the Texas Government Code,
the City is prohibited from entering into a contract with a company with 10 or more full-time employees
that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City for
goods or services unless the contract contains a written verification from the company that it: (1) does not
boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel"
and"company"have the meanings ascribed to those terms by Chapter 2271 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
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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.
33.
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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. The person signing this
Agreement on behalf of City warrants that he or she has the legal authority to execute this Agreement on
behalf of the City, and that such binding authority has been granted by proper order,resolution, ordinance
or other authorization of the entity. The Developer is fully entitled to rely on this warranty and
representation in entering into this Agreement.
34.
Counterparts
This Agreement may be executed in multiple counterparts, each of which will be deemed an
original,but which together will constitute one instrument.
35.
Entire Agreement
This written instrument, together with any attachments, exhibits, and appendices, constitutes the
entire understanding between the City and Developer concerning the work to be performed hereunder, and
any prior or contemporaneous, oral or written agreement that purports to vary from the terms hereof shall
be void.
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36.
Cost Summary Sheet
Project Name:North City Addition,Phase 2
CFA No.: CFA22-0050 City ProjectNo.: 103490 IPRC No.: IPRC21-0081
Items Developer's Cost
A. Water and Sewer Construction
1. Water Construction $ 1,240,975.00
2.Sewer Construction $ 1,038,068.00
Water and Sewer Construction Total $ 2,279,043.00
B. TPW Construction
1.Street $ -
2.Storm Drain $ -
3.Street Lights Installed by Developer $ -
4. Signals $ -
TPW Construction Cost Total $ -
Total Construction Cost(excluding the fees): $ 2,279,043.00
Estimated Construction Fees:
C. Construction Inspection Service Fee $37,500.00
D. Administrative Material Testing Service Fee $8,085.00
E. Water Testing Lab Fee $3,240.00
Total Estimated Construction Fees: $ 48,826.00
Choice
Financial Guarantee Options,choose one Amount Mark one
Bond= 100% $ 2,279,043.00
Completion Agreement= 100%/Holds Plat $ 2,279,043.00 X
Cash Escrow Water/Sanitary Sewer= 125% $ 2,848,803.75
Cash Escrow Paving/Storm Drain= 125% $ -
Letter of Credit= 125% $ 2,848,803.75
City of Fort Worth,Texas Page 13 of 19
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IN WITNESS WHEREOF,the City and Developer have each executed this Agreement by their
duly authorized signatories to be effective on the date executed by the City's Assistant City Manager.
CITY OF FORT WORTH DEVELOPER
NTP35,LP,
3�GG a Texas limited partnership
Dana Burghdoff(Jun 9,202 4:41 CDT)
Dana Burghdoff By:NTP Investments LLC
Assistant City Manager a Texas limited liability company,
its sole general partner
Date: Jun 9,2022
Recommended by: Steve McKeever(Jun 9,202212:49 MDT)
Steve McKeever,Manager
Bichson NciuYen for Jun 9 2022
Bichson�(Jun 9,202213:55 CDT) Date: '
Tiffany Bacon
Project Assistant
Development Services
Approved as to Form&Legality:
Richard A.McCracken(Jun 9,2022 13:59 CDT)
Richard A.McCracken
Sr.Assistant City Attorney
M&C No.
Date: Jun 9,2022 Contract Compliance Manager:
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Jannette GOOdallS.Goodall(Arn 13, zz1z.39cor darn nEXpS�pd
City Secretary
Janie Scarlett Morales
Development Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth,Texas Page 14 of 19
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
❑X Attachment 3 —Concurrent CFA Provisions
❑X Location Map
❑X Exhibit A: Water Improvements
❑X Exhibit A-1: Sewer Improvements
❑ Exhibit B: Paving Improvements
❑ Exhibit B-1: Storm Drain Improvements
❑ Exhibit C: Street Lights and Signs Improvements
❑ Cost Estimates
(Remainder of Page Intentionally Left Blank)
City of Fort Worth,Texas Page 15 of 19
Standard Community Facilities Agreement
Rev.9/21
ATTACHMENT"1"
Changes to Standard Community Facilities Agreement
City Project No. 103490
Negotiated changes are contained in the body of this Agreement.
City of Fort Worth,Texas Page 16 of 19
Standard Community Facilities Agreement
Rev.9/21
ATTACHMENT "3"
Concurrent CFA Provision
City Project No. ATTACHMENT "3"
Concurrent CFA Provision
City Project No. 103490
The improvements being constructed by Developer pursuant to this Agreement will
connect to improvements being constructed by Cow Town Owner, LLC under a separate
Community Facilities Agreement, City Secretary Contract No. 56737 (Hereinafter the "Separate
CFA"). Developer has requested and the City has agreed to allow Developer to begin the
construction of the improvements contained in this Agreement before the improvements being
constructed under City Secretary Contract No. 56737 are completed and accepted by the City.
Therefore, this Agreement shall be considered a "Concurrent CFA" and the provision contained
in this Attachment shall apply to this Agreement.
The improvements being constructed under the Separate CFA shall be defined as the
"Primary Project." The improvements being constructed by Developer under this Agreement shall
be defined as the "Secondary Project."
Developer acknowledges and agrees that due to Developer's election to construct a
Concurrent CFA,the potential exists for technical, delivery, acceptance or performance problems
(hereinafter "Construction Problems"). Construction Problems may include, but are not limited
to: failure of the improvements to comply with the approved plans or City Specifications; failure
of the improvements in the Primary Project and the Secondary Project to properly connect to each
other;changes to the design or construction of the improvements in the Primary Project that impact
the design and construction of the improvements in the Secondary Project; construction delays,
delay claims, or claims for liquidated damages; increased costs for the Developer or the developer
of the Primary Project; failure of the improvements to pass inspection or material testing; or
rejection by the City of some or all of the improvements and Developer or the developer of the
Primary Project having to remove and reconstruct the improvements at the expense of Developer,
developer of the Primary Project, or both. In addition, Developer understands and agrees that
disputes may arise between the contractors or subcontractors for the Primary Project and the
contractors or subcontractors for the Secondary Project relating to responsibility for the
Construction Problems. Developer shall be solely responsible for resolving disputes between
contractors, disputes between contractors and subcontractors and disputes between Developer and
the developer of the Primary Project.
Developer acknowledges and certifies that Developer has entered into a written agreement
with the developer of the Primary Project and said agreement: (1) provides Developer with any
access needed through property owned by the developer of the Primary Project; (2)that Developer
and the developer of the Primary Project shall resolve all disputes regarding the design and
construction of the Primary Project and the Secondary Project;and(3)the developer of the Primary
Project will notify Developer of any all changes to the design or construction of the improvements
in the Primary Project, including any field changes.
City of Fort Worth,Texas Page 17 of 19
Standard Community Facilities Agreement
Rev.9/21
Developer further acknowledges and agrees that Developer has notified all of Developer's
contractors for the Project that Developer has elected to construct a Concurrent CFA, the
provisions of this Attachment, the risks associated with a Concurrent CFA, and that the City shall
not bear any responsibility for construction of the improvements or Developer's decision to
proceed with a Concurrent CFA.
Developer shall not make the final connection of the improvements in the Secondary
Project to the improvements in the Primary Project until the improvements in the Primary Project
have been constructed and accepted by the City and the City has consented to Developer making
the connection.
Developer agrees that if this Agreement is for improvements relating to the construction,
renovation or modification of one or more single family residential homes or structures, the City
will not record the plat related to the Project until the improvements are constructed and accepted
by the City. Developer agrees that if this Agreement is for improvements relating to the
construction, renovation or modification of one or more commercial buildings or structures, the
Developer shall not receive a Certificate of Occupancy from the City for the building(s)related to
the Project until the improvements in this Agreement are constructed and accepted by the City.
Developer further understands and agrees that completion of the improvements under this
Agreement does not entitle Developer to obtain a final plat of the property until all other
requirements of Federal law, State law, or the City Code relating to the filing and recording of a
final plat have been met by Developer.
BY CHOOSING TO CONSTRUCT A CONCURRENT CFA, DEVELOPER
ASSUMES ALL RISKS AND DEVELOPER SHALL BE LIABLE AND RESPONSIBLE
FOR ANYANDALL DAMAGES,INCL UDING B UT NO T LIMITED TO,ANYANDALL
ECONOMIC DA MA GES,PR OPER TY L OSS,PR OPER TY DA MA GES A ND PERSONA L
INJURY(INCLUDING DEATH), OFANYKIND OR CHARACTER, WHETHER REAL
ORASSERTED. DEVELOPER HEREBYEXPRESSLYRELEASESANDDISCHARGES
CITY FROM ANY AND ALL LIABILITY FOR DAMAGES, INCLUDING, BUT NOT
LIMITED TO, ANY AND ALL ECONOMIC DAMAGES, PROPERTY LOSS,
PROPERTY DAMAGE AND PERSONAL INJURY (INCL UDING DEATH) ARISING
OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE
CONSTRUCTION OF THE IMPROVEMENTS OR DEVELOPER'S DECISION TO
CONSTRUCT A CONCURRENT CFA. DEVELOPER, AT ITS SOLE COST AND
EXPENSE,AGREES TOANDDOESHEREBYINDEMNIFY,DEFEND,PROTECT,AND
HOLD HARMLESS CITY, AND CITY'S OFFICERS, REPRESENTATIVES, AGENTS,
EMPLOYEES,AND SERVANTS FOR,FROMAND A GAINST ANYAND ALL CLAIMS
(WHETHER AT LA W OR INEQUITY), LIABILITIES, DAMAGES(INCLUDING ANY
AND ALL ECONOMIC DAMAGES, PROPERTY LOSS, PROPERTY DAMAGES AND
PERSONAL INJURIES INCL UDING DEATH),LOSSES,LIENS, CA USES OFACTION,
SUITS,JUDGMENTS AND EXPENSES(INCL UDING,BUT NOT LIMITED TO, CO URT
COSTS, A TTORNEYSI FEES AND COSTS OF INVESTIGATION), OF ANY NATURE,
City of Fort Worth,Texas Page 18 of 19
Standard Community Facilities Agreement
Rev.9/21
KIND OR DESCRIPTION ARISING OR ALLEGED TO ARISE BY OR IN ANY WA Y
RELEATED TO CONSTRUCTION OF THE IMPROVEMENTS OR DEVELOPER'S
CHOICE TO CONSTRUCT A CONCURRENT CFA, OR (2) BY REASON OF ANY
OTHER CLAIM WHATSOEVER OF ANY PERSON OR PARTY OCCASIONED OR
ALLEGED TO BE OCCASIONED IN WHOLE OR IN PAR T BY THE CONSTR UCTION
OF THE IMPROVEMENTS OR DEVELOPER'S CHOICE TO CONSTRUCT A
CONCURRENT CFA, WHETHER OR NOT SUCHINJURIES DEATH OR DAMAGES
ARE CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE
CITY OF FOR T WORTH,ITS OFFICERS, SERVANTS, OR EMPLOYEES.
By signing below, Developer certifies that all statements contained in this Attachment"3"
Concurrent CFA Provision are true and correct.
DEVELOPER
NTP35,LP,
a Texas limited partnership
By:NTP Investments LLC
a Texas limited liability company,
its sole general partner
4-d---
Steve McKeever(Jun 9,202212:49 MDT)
Steve McKeever,Manager
Date: Jun 9,2022
City of Fort Worth,Texas Page 19 of 19
Standard Community Facilities Agreement
Rev.9/21
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LEGEND
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E:\10860 — North City Addition\Plans\East Major Infrastructure\CFA\CFA—PH-2.dwg Mon May 23 2022 15:22
NORTH CITY ADDITION
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LEGEND
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CIVIL ENGINEERS-PLANNERS-SURVEYORS Fort Worth.Texas.76116 NOTE:
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E:\10860 — North City Addition\Plans\East Major Infrastructure\CFA\CFA—PH-2.dwg Mon May 23 2022 15:22
00 42 43
DAP-BID PROPOSAL
Page 1 of 2
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
North City Addition Phase 2,CPN 103490
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Specification Unit of Bid
No. Description Section No. L Measure Quantity Unit Price Bid Value
UNIT I:WATER IMPROVEMENTS
1 0241.1118 4"-12"Pressure Plug 0241 14� EAr_6
$500.00 _$17 5_00,00
2 3305.0109 Trench Safety 330510 LF 4 $2.00 $13,268.00
_.- ..... _ _.
3 3305 1003-2 0 Casln by Open Cut 33 05 22 LF $170 00 $26-860 00
4 3305.1004 24'Casingby Open Cut _ 33 05 22 LF $176 00 $21,120000
5 3305.1005 30"Casing by Open Cut 33 05 22 LF $213.00 ,,,,, $34,080.00...........6 3311.0001 Ductile Iron Water Fittings w/Restraint 3311�11 TON . $15 000 00 $61 500.00
7 3311.0161 6"PVC Water Pipe 3311 12 _ LF 492 $64 00 $31 488 00
33 11 10
8 3311.0241 8"PVC Water Pipe LF 2893
3311 12 $55 00 _$159,1.15,00
33 11 10
9 3311.0241 8"PVC Water Pipe,CSS Backfill LF 20
3311 12 $110 00 $2.200.000
10 3311.0461 12 PVC Water Pipe _ m_. a 3311 12 LF 2316 $102 00 $236,232.00
33 11 10
11 3311.0442 12"Water Pipe,CSS Backfill LF 100
3311 12 _ $154 00 $15 400.00
33 11 10
12 3311.0541 16"Water Pipe LF 793
331112 159.00 $126,087,00
13 3311.0542 16"Water Pipe,CSS Backfill 3311 10 LF 20
331112 $185.00 $3,700.00
_ .. _.._.- __ _.._. _ ... ..._. m.._
14 3312.0001 Std.Fire Hydrant Assembly w/6"Gate
Valve&Valve Box 331240 EA 5 $6.000.00 -$30 000.00
15 3312.0117 Connect to Existing8 W L Stub out 331225 EA 1 $1�200 00 $1 200 00_
16„ 3312 0117 Conn.to Existing4"-12 Water Main 33 12 25 EA _ 3 $1,200 00 „ $3 600.00
17 3312„2203 2 Water Service 33 12 10 EA 33 $2,900.00 ._, $95 700;00
_
18 3312.2802 4"Water Meter&Vault 33 12 11 EA _ 2 _ $28,500 00___ $57,000 00
...._, ._____._� _ _._ .. _.____...m_ . _._ _..
19 3312.3002 6"Gate Valve&Valve Box 33 12 20 EA 11 $1,300 00 $14 300 00
20 3312.3003 8"Gate Valve&Valve Box 33 12 20 EA 16 $1.900.00 _ $30,400.00
_.
21 3312 3005 12 Gate Valve&Valve Box 33 12 20 EA 19 $3 3.00 00 $62,700 00
22 3312.3006 16 Gate Valve&Vault 33 12 20 EA_ 6 _ $25 000- _ $150 000 00
23 3312.6002 6'Blow Off Assembly _ _ 33 12 60 EA 1 $24 500.00 $24,500 00
_. _
24 9999.0001 2 Comb Air Release Valve and Vault .� 00 00 00 EA 1 $18,000 00 $18 000.00
25 9999.0002 3"Service Connection 00 00 00 EA 1 $400 00 _ $400 00
26 99999. e0003 4"Service Connection 000000 EA 1 $500 00 $500 00
27 6996.0004 2 Pressur Plums 000000 EA _ 16 $250.00 $4 000.00
28 9999.0005 3"Pressure Plu 00 0000 EA 1 $125.00 $125.00
TOTAL UNIT I:WATER IMPROVEMENTS $1,240,975.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version May 22,2019
00 42 43
DAP-BID PROPOSAL
Page 2 of 2
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
North City Addition Phase 2,CPN 103490
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Specification Unit of Bid
No. Description Section No. Measure Quantity Unit Price Bid Value
UNIT It:SANITARY SEWER IMPROVEMENTS
1 3301.0002 Post-CCTV Inspection 3301 31 LF 5327 $5.00 $26,635.00
2 3301.0101 Vacuum Test Manholes 33 01 30 EA mm 43 - $450.00 $19350.00
3 3305 0109 Trench Safety 33 05 10 LF 5327 $2 00 __ _$10 654.00
_.. .... .. .......
4 3305.0112 Concrete Collar 33 05 17 EA 27 $650.00 $17,550,00
5 3305.0113 Trench Water Stops 33 05 15 EA 15 $500.00 $7,500.00
6 3305µ1003 20 Casing bar Open Cut 33 05 22 µ LF 441 $170 00 $74 970 00
3311 10
7 3331.4115 8"SDR-26 PVC Sewer Pipe 3331 12 LF 4208
3331 20 $46.00 _$193 568.00
3311 10
8 3331.4116 8"PVC San.Sew.Pipe w/CSS Backfill 3331 12 LF 380
3331 20 $86.00 $32,680.00
9 3331 4119 8"DIP Sewer Pipe _ 3311 10 LF 719 $147 00 $105,693 00
_. _.
10 3331.4120 8"DIP Sewer Pipe,CSS Backfill 33 11 10 LF 20 $153 00 $3--
�_.._.
11 3339.0001 Epoxy Manhole Liner 33 39 60 VF 128 $385 00 $49 280.00
12 3339.1001 4'Std.Dia.Manhole 33 39 10 EA 38
33 39 20 $5 900 00 $224,200.00
13 3339.1002 4'Drop Manhole 33 39 10 EA 5
33 39 20 $11000.00 $55 000 00
14 3339.1003 4'Extra Depth Manhole 333910VF 334
33 39 20 $100.00 $33�400;00
15 9999.0006 Deep Trench Backfill 00 00 00 LF 904 $182.00 $164 528.00
15 9999.0007 Connect to Existing Manhole and Install 00 00 00 EA 2 $10,000.00 $20,000.00
Internal Drop
TOTAL UNIT II:SANITARY SEWER IMPROVEMENTS $1,038,068.00
Bid Summary
UNIT I:WATER IMPROVEMENTS $1 240,975.00
UNIT Il:SANITARY SEWER IMPROVEMENTS $1,038,068.00
Total Water&Sewer Bid $2,279,043.00
This Bid is submitted by the entity named below:
BIDDER: Jackson Construction,LTD BY: Troy L.Jackson
Ft. Sun Valley
Ft.Worth,TX 76116119
TITLE: Presiden
DATE: June 6,2022
Contractor agrees to complete WORK for FINAL ACCEPTANCE within 4W 'working days after the date when the
CONTRACT commences to run as provided in the General Conditions.
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version May 22,2019
COMPLETION AGREEMENT— SELF FUNDED
This Completion Agreement("Agreement"), is made and entered into by and between the
City of Fort Worth, ("City") and NTP35, LP, a Domestic 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 109.10 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 PP-20-074; and
WHEREAS, the Developer and the City have entered into a Community Facilities
Agreement relating to the development, North City Addition, Phase 2 for Water and Sewer
("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 Two Million Two Hundred Seventy-Nine Thousand Forty-Three Dollars
($2,279,043.00), hereinafter called the "Completion Amount". Notwithstanding the
foregoing, it is acknowledged that the actual costs of completion of the Community
City of Fort Worth, Texas
Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE
CFA Official Release Date: 07.01.2015
Page 1 of 11
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 JLE
CFA Official Release Date: 07.01.2015
Page 2 of 11
7. Construction Contracts. Developer agrees to include in each Construction contract that it
enters into for the completion of the Community Facilities the following:
A. A statement that the City is not holding any security to guarantee any payment for work
performed on the Community Facilities;
B. A statement that the Property is private property and that same may be subject to
mechanic's and materialman's liens;
C. A requirement that each contractor contracting with the Developer release the City
from any claim that is related to the Property; and
D. A requirement that each contractor contracting with the Developer include in each
subcontract the statements contained in (a), (b) and(c) above.
8. Miscellaneous.
A. Non-Assignment of Agreement. This Agreement may not be assigned by any of the
Parties without the prior written consent of all the other Parties.
B. Notice. Any notice required or permitted to be delivered under this Agreement shall
be deemed received on actual receipt by the appropriate party at the following
addresses:
(i) Notice to the City shall be addressed and delivered as follows:
City of Fort Worth
Planning& Development Department
200 Texas Street
Fort Worth, Texas 76102
Attention: CFA Division
Janie Morales, Development Manager
Email: Janie.Morales@fortworthtexas.gov
Confirmation Number: 817-392-7810
and/or
CFA Division
Email: CFA&fortworthtexas.gov
Confirmation Number: 817-392-2025
With a copy thereof addressed and delivered as follows:
City of Fort Worth, Texas
Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE
CFA Official Release Date: 07.01.2015
Page 3 of 11
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
Attention: Richard A. McCracken
Assistant City Attorney
Confirmation Number: 817-392-7611
(ii) Notice to the Developer shall be addressed and delivered as follows:
NTP35, LP
P.O. Box 628
Fort Worth, Texas 76101
A party may change its address for notice upon prior written notice to the other parties
pursuant to the terms hereof.
C. Texas Law to Apply. This Agreement shall be construed under and in accordance with
the laws of the State of Texas.
D. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the
Parties and their respective legal representatives, successors and assigns.
E. Legal Construction. In case any one or more of the provisions contained in this
Agreement shall for any reason is held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other
provision of this Agreement, and this Agreement shall be construed as if such invalid,
illegal, or unenforceable provision had never been contained in this Agreement.
F. Prior Agreements Superseded. This Agreement constitutes the sole and only agreement
of the Parties with respect to the subject matter hereof and supersedes any prior
understandings or written or oral agreements among the Parties concerning the subject
matter hereof.
G. Amendment. This Agreement may only be amended by a written instrument executed
by all of the Parties to this Agreement.
H. Headings. The headings that are used in this Agreement are used for reference and
convenience purposes only and do not constitute substantive matters to be considered
in construing the terms and provisions of this Agreement.
City of Fort Worth, Texas
Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE
CFA Official Release Date: 07.01.2015
Page 4 of 11
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:
NTP35, LP
%2 - -
Dana Burghdoff(Jun 9,202 4:41 CDT) Steve McKeever(Jun 9,202212:49 MDT)
Dana Burghdoff Name: Steve McKeever
Assistant City Manager Title: Manager
Date: Jun 9,2022 Date: Jun 9,2022
Approved as to Form & Legality:
Richard A.McCracken(Jun 9,2022 13:59 CDT)
Richard A. McCracken
Assistant City Attorney
ATTEST: 'C' * Rr�a�
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Jannette S.Goodall(Jun 13,202212:39 CDT) * ° ° ,
Jannette Goodall �� ° °° a
City Secretary ��nEXASoAp
Date: Jun 13,2022
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth, Texas
Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE
CFA Official Release Date: 07.01.2015
Page 5 of 11
LIST OF EXHIBITS
ATTACHMENT"1"-CHANGES TO STANDARD AGREEMENT
EXHIBIT A - LEGAL DESCRIPTION
EXHIBIT B - APPROVED BUDGET
City of Fort Worth, Texas
Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE
CFA Official Release Date: 07.01.2015
Page 6 of 11
ATTACHMENT "1"
Changes to Standard Agreement
Self-Funded Completion Agreement
None.
City of Fort Worth, Texas
Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE
CFA Official Release Date: 07.01.2015
Page 7 of 11
EXHIBIT A
LEGAL DESCRIPTION
STATE OF TEXAS:
COUNTY OF TARRANT:
BEING a tract of land situated in the William McCowen Survey,Abstract No. 999, Tarrant
County, Texas, being a portion of Tract 2 as described in deed to NTP35, LP,recorded in
D216282322, Official Public Records, Tarrant County, Texas
(OPRTCT), and being more particularly described as follows:
BEGINNING at 5/8"rebar capped DUNAWAY found at the intersection of the northeasterly
right-of-way line of U.S. Highway No. 81/287 (variable width R.O.W.) and the south right-of-
way line of North Tarrant Parkway (variable width R.O.W.)per Judgment recorded in
D207377959, OPRTCT, being the most westerly corner of said NTP35 Tract 2;
THENCE along the south right-of-way line of said North Tarrant Parkway and the north line of
said NTP35 Tract 2, as
follows:
North 37 degrees 31 minutes 13 seconds East, a distance of 101.86 feet(R.O.W. 101.68 feet,
deed 101.82 feet)to
a 5/8"rebar capped DUNAWAY found;
North 60 degrees 15 minutes 59 seconds East, a distance of 344.84 feet(R.O.W. & deed 344.82
feet)to a 5/8"rebar
capped DUNAWAY found;
North 84 degrees 27 minutes 05 seconds East, a distance of 150.64 feet(R.O.W. & deed 150.74
feet)to a 5/8"rebar
capped DUNAWAY found;
North 79 degrees 06 minutes 13 seconds East, a distance of 89.50 feet(R.O.W. & deed 89.43
feet)to a 5/8"rebar
capped DUNAWAY found;
North 89 degrees 27 minutes 08 seconds East, a distance of 1581.64 feet to the northeast corner
of the herein
described tract of land, from which a 5/8"rebar capped DUNAWAY found bears
North 89 degrees 27 minutes 08 seconds East, 258.71feet;
THENCE departing the south line of said North Tarrant Parkway, across said NTP35 Tract 2, as
follows:
South 00 degrees 33 minutes 09 seconds East, a distance of 903.27 feet to a 5/8"rebar capped
SPOONER 5922 found at the beginning of a tangent curve to the left, having a radius of 340.00
feet;
Southeasterly, along said curve,having a central angle of 45 degrees 00 minutes 00 seconds, an
arc distance of
267.04 feet, and a chord that bears South 23 degrees 03 minutes 09 seconds East, 260.22 feet to a
point at the end
of said curve;
City of Fort Worth, Texas
Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE
CFA Official Release Date: 07.01.2015
Page 8 of 11
South 45 degrees 33 minutes 09 seconds East,tangent to said curve, a distance of 89.85 feet to a
5/8"rebar
capped SPOONER 5922 found at the beginning of a tangent curve to the right,having a radius of
260.00 feet;
Southeasterly, along said curve, having a central angle of 45 degrees 00 minutes 00 seconds, an
arc distance
of 204.20 feet, and a chord that bears South 23 degrees 03 minutes 09 seconds East, 199.00 feet
to a 5/8"rebar
capped SPOONER 5922 found at the end of said curve;
South 00 degrees 33 minutes 09 seconds East,tangent to said curve, a distance of 120.00 feet to
a 5/8"rebar
capped SPOONER 5922 found;
North 89 degrees 26 minutes 51 seconds East, a distance of 905.17 feet to a 5/8"rebar capped
SPOONER 5922 found in
the west right-of-way line of Interstate Highway No. 35W (variable width R.O.W., adjoining
R.O.W. per Deed recorded in
D205080406, OPRTCT) and the east line of said NTP35 Tract 2, from which a TXDOT concrete
monument with brass disc
found bears North 00 degrees 32 minutes 40 seconds West, 320.65 feet;
THENCE South 00 degrees 32 minutes 40 seconds East, along the west right-of-way line of said
Interstate Highway
No. 35W and the east line of said NTP35 Tract 2, a distance of 1047.13 feet to the beginning of a
tangent curve to the
right, from which a 5/8" rebar capped DUNAWAY found bears North 34 degrees 18 minutes
East, 0.6 feet;
THENCE Southwesterly, along the transition line of the west line of said Interstate Highway No.
35W to the northeasterly
line of aforementioned U.S. Highway No. 81/287, the southerly line of said NTP35 Tract 2, and
along said curve,having a
radius of 448.34 feet(TXDOT 448.34 feet, deed 448.48 feet), a central angle of 133 degrees 41
minutes 10 seconds, an
arc distance of 1046.10 feet(TXDOT 1046.16 feet, deed 1046.50 feet), and a chord that bears
South 66 degrees 17
minutes 55 seconds West, 824.44 feet TXDOT monument with brass disc found at the end of
said curve;
THENCE along the northeasterly right-of-way line of said U.S. Highway No. 81/287 (adjoining
R.O.W. per D205080406 &
D207377959, OPRTCT) and the southwesterly line of said NTP35 Tract 2, as follows:
North 46 degrees 51 minutes 30 seconds West, a distance of 2955.91 feet(deed 2955.76 feet)to
a 5/8"rebar capped
DUNAWAY found, from which a TXDOT monument with a brass disc found bears North 46
degrees 51 minutes 30
seconds West, 5.84 feet(deed 5.77 feet);
City of Fort Worth, Texas
Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE
CFA Official Release Date: 07.01.2015
Page 9 of 11
North 42 degrees 00 minutes 19 seconds East, a distance of 5.69 feet(deed 5.71 feet)to a 5/8"
rebar capped found;
North 46 degrees 53 minutes 17 seconds West, a distance of 161.19 feet(R.O.W. 161.19 feet,
deed 161.21 feet)to
a 1/2"rebar capped HALFF found;
N 36°06'49" W, a distance of 550.06 feet(R.O.W. 550.17 feet, deed 550.22 feet)to the POINT
OF BEGINNING and
containing 4,752,253 square feet or 109.097 acres of land.
NOTE:
Bearings are referenced to Texas State Plane Coordinate System,North Central Zone (4202),
North American Datum of
1983 as derived from GPS observation.
City of Fort Worth, Texas
Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE
CFA Official Release Date: 07.01.2015
Page 10 of 11
EXHIBIT B
APPROVED BUDGET
Items Developer's Cost
A. Water and Sewer Construction
1 . Water Construction $ 1 .240.975.00
2. Sewer Construction $ 1 .039.068.00
Water and Sewer Construction Total $ 2:279:043.00
B. TPVV Construction
1 . Street $ -
2_ Storm Drain $ -
3_ Street Lights Installed by Developer $ -
d_ Signals $ -
TPW Construction Gast Total $ -
Total Construction Cost (excluding the fees): $ 2,279,043.00
City of Fort Worth, Texas
Standard Completion Agreement— Self-Funded Revised 09.07.2017 ME
CFA Official Release Date: 07.01.2015
Page 11 of 11