HomeMy WebLinkAboutContract 55998-A3R2Received Date: 5/15/2023
Received Time: 10:59 a.m.
Developer and Project Information Cover Sheet:
Developer Company Name:
Address, State, Zip Code:
Phone & Email:
Authorized Signatory, Title
Project Name:
Brief Description:
Project Location:
Plat Case Number:
Mapsco:
CFA Number:
None provided
66T
23-0015
The Harden, LLC
1321 Markum Gateway Suite 100, Fort Worth, TX 76126
817-618-0008, iess.Qreen(&,wilksdevelonment.com
Jess Green, Senior Vice President
Public Market - Sewer
Sewer
1400 Henderson St., Fort Worth, TX 76102
Plat Name: None provided
Council District: 19
City Project Number: CPN104662 I IPRC22-0255
City of Fort Worth, Texas Page 1 of 18
Standard Community Facilities Agreement
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City Contract Number: 59398
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 The Harden,
LLC, a Texas limited liability company ("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, or causing the construction of, private
improvements or subdividing land within the corporate limits of Fort Worth, Texas or its
extraterritorial jurisdiction, for a project known as Public Market — Sewer ("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, or causing the construction of, 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, in
accordance with state and local ordinances, rules and regulations, including applicable
ordinances, rules and regulations of City, 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.
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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, as such work
relates to the Improvements or the Project. If a conflict exists between the terms and conditions of
this Agreement and the CFA Ordinance, the CFA Ordinance shall control.
2.
Incorporation of Engineering Plans
The engineering plans for the Improvements that have been approved by the City
("Engineering Plans") are incorporated into this Agreement by reference as if fully set out herein.
Developer shall provide at its expense, unless otherwise agreed to by City, all engineering drawings
and documents necessary to construct the Improvements required by this Agreement.
3.
Description of Improvements; Exhibits and Attachments
The following exhibits describe the general location, nature and extent of the
Improvements that are the subject of this Agreement and are attached hereto and incorporated
herein by reference:
❑ Exhibit A: Water
❑X Exhibit A-1: Sewer
❑ Exhibit B: Paving
❑ Exhibit B-1: Storm Drain
❑ Exhibit C: Street Lights & Signs
The Location Map and Cost Estimates are also attached hereto and incorporated herein by
reference. To the extent that Exhibits A, A-1, B, B-1, C, the Location Map, or the Cost Estimates
conflict with the Engineering Plans, the Engineering Plans shall control. If applicable, Attachment
I — 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
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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.
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 by February 8, 2025
("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 (3) years (the "Outside Completion Date"). The Improvements shall
be deemed to be completed upon execution by the City of Notices of Project Completion for all of
the Improvements. Notwithstanding the foregoing, the Term and Outside Closing Date shall each
be extended, on a day -for -day basis, by the total number of days of Force Majeure. "Force
Majeure" shall mean (a) fire, windstorm or other casualties beyond the control of the Developer,
(b) strikes, lockouts or other labor disputes or actions not arising from the labor practices of
Developer, (c) government action or inaction with respect to the Project or the Improvements,
including delays in issuing any required permits, notices to proceed or making inspections,
emergency declarations connected with a pandemic, epidemic, or similar disaster circumstance,
that (i) directly interrupts, delays or prohibits the development or construction of the
Improvements, and (ii) is enacted following the commencement of construction of the
Improvements, (d) adverse weather conditions of unusual duration, (e) changes in applicable state
or local ordinances, rules or regulations after the commencement of construction of the
Improvements which cause a delay in the construction of the Improvements, (f) delayed delivery
of materials, volatile commodity prices or shortages in materials generally affecting the market,
and (g) similar unanticipated events or circumstances beyond the control of Developer.
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 the Improvements have not been completed and
accepted by the City by the Outside Completion Date.
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(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 Outside Completion Date, if the Developer
breaches this Agreement, becomes insolvent, or fails to pay costs of construction; provided,
however, that the City may not utilize the Developer's Financial Guarantee if the Developer
cures any such breach, insolvency or failure to pay costs of construction within thirty (30)
days of receipt of written notice from City.
(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 for the Project that have been filed with the county
where the Project is located; and
(c) to pay to the City costs incurred by the City in connection with this Agreement for time
spent by the City's inspectors at preconstruction meetings.
9.
Award of Construction Contracts
(a) Developer will award all contracts for the construction of the Improvements and cause the
Improvements to be constructed in accordance with the CFA Ordinance.
(b) Developer will employ construction contractors who meet the requirements of the City to
construct the Improvements including, but not limited, to being prequalified, insured,
licensed and bonded to construct the Improvements in the City.
(c) Developer will require Developer's contractors to provide the City with payment and
performance bonds naming the City and the Developer as dual obligees, in the amount of
one hundred percent (100%) of the cost of the Improvements as required by the CFA
Ordinance. The payment and performance bonds shall guarantee construction of the
Improvements and payment of all subcontractors and material suppliers. Developer agrees
to require Developer's contractors to provide the City with a maintenance bond naming the
City as an obligee, in the amount of one hundred percent (100%) of the cost of the
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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.
(fl 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, the issuance
of which shall not be unreasonably withheld, conditioned or delayed.
(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 costs that may be incurred by Developer in the relocation of any utilities that are
or may be in conflict with any of the Improvements to be constructed pursuant to this Agreement.
11.
Easements and Rights -of -Way
Developer agrees to provide, at its expense, all necessary rights -of -way and easements
required for the construction and dedication to the City of the Improvements provided for by this
Agreement.
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12.
Liability and Indemnification
(a) DEVELOPER HEREBY RELEASES AND AGREES TO INDEMNIFY AND HOLD
THE CITY HARMLESS FOR INADEQUACIES IN THE PRELIMINARY PLANS,
SPECIFICATIONS, ENGINEERING PLANS, AND COST ESTIMATES SUPPLIED
BY THE DEVELOPER FOR THIS AGREEMENT TO THE EXTENT SUCH
INADEQUACIES ARE DUE TO THE BREACH OF THE PROFESSIONAL
STANDARD OF CARE BY THE ENGINEER PROVIDING SUCH PLANS,
SPECIFICATIONS AND COST ESTIMATES .
(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 FROMALL SUITS, ACTIONS
OR CLAIMS OFANYCHARACTER, WHETHER REAL ORASSERTED, BROUGHT
FOR OR ON ACCOUNT OF ANY INJURIES OR DAMAGES SUSTAINED BY ANY
PERSONS, INCL UDINGDEATH, OR TO ANYPROPERTY, RESULTING FROM OR
IN CONNECTION WITH THE CONSTRUCTION, DESIGN, PERFORMANCE OR
COMPLETION OF ANY WORK TO BE PERFORMED BY SAID DEVELOPER, ITS
CONTRACTORS, SUBCONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES,
OR IN CONSEQUENCE OF ANY FAILURE TO PROPERLY SAFEGUARD THE
WORK, OR ON ACCOUNT OF ANY ACT, INTENTIONAL OR OTHERWISE,
NEGLECT OR MISCONDUCT OF SAID DEVELOPER, ITS CONTRACTORS, SUB-
CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, WHETHER OR NOT
SUCHINJURIES, DEATH OR DAMAGES ARE CA USED, IN WHOLE OR IN PART,
BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS
OFFICERS, SERVANTS, OR EMPLOYEES EXCEPT TO THE EXTENT CAUSED
BY THE CITY OF FORT WORTHS GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT.
(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 IN ANY WAY
CONNECTED WITH, THE CONSTRUCTION OF THE IMPROVEMENTS
CONTEMPLATED HEREIN, WHETHER OR NOT SUCH INJURIES, DEATH OR
DAMAGES ARE CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED
NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS, SERVANTS, OR
EMPLOYEES. FURTHER, DEVELOPER WILL REQUIRE ITS CONTRACTORS TO
INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY FOR ANY LOSSES,
DAMAGES, COSTS OR EXPENSES ACTUALLY 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
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THE CFA ORDINANCE, AND IN ACCORDANCE WITH THE PRELIMINARY
PLANS, ENGINEERING PLANS, AND SPECIFICATIONS.
13.
Right to Enforce Contracts
Upon completion of all work associated with the construction of the Improvements,
Developer will assign to the City a non-exclusive right to enforce the contracts entered into by
Developer with its contractors, along with an assignment of all warranties given by the contractors,
whether express or implied. Further, Developer agrees that all contracts with any contractor shall
include provisions granting to the City the right to enforce such contracts as an express intended
third party beneficiary of such contracts.
14.
Estimated Fees Paid by Developer; Reconciliation
Prior to execution of this Agreement, Developer has paid to the City the estimated cost of
administrative material testing service fees, construction inspection service fees, and water testing
lab fees in the amounts set forth in the Cost Summary section of this Agreement. Upon completion
of the construction of the Improvements, the City will reconcile the actual cost of administrative
material testing service fees, construction inspection service fees, and water testing lab fees with
the estimated fees paid by Developer. If the actual costs of the fees are more than the estimated
payments made by the Developer, the Developer must pay the difference to the City before the
Improvements will be accepted by the City. If the actual costs of the fees are less than the estimated
payments made by the Developer, the City will refund the difference to the Developer. If the
difference between the actual costs and the estimated payments made by the Developer is less than
fifty dollars ($50.00), the City will not issue a refund and the Developer will not be responsible for
paying the difference. The financial guarantee will not be released by the City or returned to the
Developer until reconciliation has been completed by the City and any fees owed to the City have
been paid by the Developer.
15.
Material Testing
The City maintains a list of pre -approved material testing laboratories. The Developer must
contract with material testing laboratories on the City's list. Material testing laboratories will
provide copies of all test results directly to the City and the Developer. If the Improvements being
constructed fail a test, the Developer must correct or replace the Improvements until the
Improvements pass all retests. The Developer must pay the material testing laboratories directly
for all material testing and retesting. The City will 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
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given shall be deemed to have been received when deposited in the United States mail so
addressed with postage prepaid:
CITY:
Development Coordination Office
City of Fort Worth
200 Texas Street
76126 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
DEVELOPER:
The Harden, LLC
1321 Markum Gateway, Suite 100
Fort Worth, Texas
Or to such other address one party may hereafter designate by notice in writing
addressed and mailed or delivered to the other party hereto.
47.
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
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Developer's contractors reasonable advance notice of intended audits.
18.
Independent Contractor
It is expressly understood and agreed that Developer and its employees, representative,
agents, servants, officers, contractors, subcontractors, and volunteers shall operate as independent
contractors as to all rights and privileges and work performed under this Agreement, and not as
agents, representatives or employees of the City. Subject to and in accordance with the conditions
and provisions of this Agreement, Developer shall have the exclusive right to control the details of
its operations and activities and be solely responsible for the acts and omissions of its employees,
representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer
acknowledges that the doctrine of respondeat superior shall not apply as between the City and its
officers, representatives, agents, servants and employees, and Developer and its employees,
representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer
further agrees that nothing herein shall be construed as the creation of a partnership or joint
enterprise between City and Developer. It is further understood that the City shall in no way be
considered a co -employer or a joint employer of Developer or any employees, representatives,
agents, servants, officers, contractors, subcontractors, and volunteers of Developer. Neither
Developer, nor any officers, agents, servants, employees or subcontractors of Developer 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
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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
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
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the contract contains a written verification from the company that it: (1) does not boycott energy
companies; and (2) will not boycott energy companies during the term of the contract. The terms
"boycott energy company" and "company" have the meanings ascribed to those terms by Chapter
2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the
extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this
Agreement, Developer certifies that Developer's signature provides written verification to the City
that Developer: (1) does not boycott energy companies; and (2) will not boycott energy companies
during the term of this Agreement.
27.
Prohibition on Discrimination Against Firearm and Ammunition Industries
Developer acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from
entering into a contract for goods or services that has a value of $100,000 or more that is to be paid
wholly or partly from public funds of the City with a company with 10 or more full-time employees
unless the contract contains a written verification from the company that it: (1) does not have a
practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade
association; and (2) will not discriminate during the term of the contract against a firearm entity or
firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade
association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government
Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the
Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies
that Developer's signature provides written verification to the City that Developer: (1) does not
have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm
trade association; and (2) will not discriminate against a firearm entity or firearm trade association
during the term of this Agreement.
28.
Immigration and Nationality Act
Developer shall verify the identity and employment eligibility of its employees who
perform work under this Agreement, including completing the Employment Eligibility
Verification Form (I-9). Upon request by City, Developer shall provide City with copies of all I-
9 forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Developer shall adhere to all Federal and State laws as well as establish appropriate
procedures and controls so that no services will be performed by any Developer employee who is
not legally eligible to perform such services. DEVELOPER SHALL INDEMNIFY CITY AND
HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO
VIOLATIONS OF THIS PARAGRAPH BY DEVELOPER, DEVELOPER'S EMPLOYEES,
SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written
notice to Developer, shall have the right to immediately terminate this Agreement for violations of
this provision by Developer.
29.
Amendment
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No amendment, modification, or alteration of the terms of this Agreement shall be binding
unless the same is in writing, dated subsequent to the date hereof, and duly executed by the City
and Developer.
30.
Assignment and Successors
Developer shall not assign or subcontract all or any part of its rights, privileges, or duties
under this Agreement without the prior written consent of City. Any attempted assignment or
subcontract without the City's prior written approval shall be void and constitute a breach of this
Agreement.
31.
No Third -Party Beneficiaries
The provisions and conditions of this Agreement are solely for the benefit of the City and
Developer, and any lawful assign or successor of Developer, and are not intended to create any
rights, contractual or otherwise, to any other person or entity.
32.
Compliance with Laws, Ordinances, Rules and Regulations
Developer, its officers, agents, servants, employees, and contractors, shall abide by and
comply with all laws, federal, state and local, including all ordinances, rules and regulations of
City. It is agreed and understood that, if City calls to the attention of Developer any such violation
on the part of Developer or any of its officers, agents, servants, employees, or subcontractors, then
Developer shall immediately desist from and correct such violation.
33.
Signature Authority
The person signing this Agreement on behalf of Developer warrants that he or she has the
legal authority to execute this Agreement on behalf of the Developer, and that such binding
authority has been granted by proper order, resolution, ordinance or other authorization of the
entity. The City is fully entitled to rely on this warranty and representation in entering into this
Agreement.
34.
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
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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: Public Market - Sewer
CFA No.: 23-0015 City Project No.: 104662 IPRC No.: 22-0255
Items Developer's Cost
A. Water and Sewer Construction
1. Water Construction $ -
2. Sewer Construction $ 63,461.00
Water and Sewer Construction Total $ 63,461.00
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): $ 63,461.00
Estimated Construction Fees:
C. Construction Inspection Service Fee $28,250.00
D. Administrative Material Testing Service Fee $294.00
E. Water Testing Lab Fee $0.00
Total Estimated Construction Fees: A ?8 544.00
Choice
Financial Guarantee Options, choose one
Amount (Mark one)
Bond = 100%
$
63,461.00
Completion Agreement = 100% / Holds Plat
$
63,461.00
(Cash Escrow Water/Sanitary Sewer= 125%
$
79,326.25
(Cash Escrow Paving/Storm Drain = 125%
$
-
Letter of Credit = 125%
$
79,326.25 X
Escrow Pledge Agreement = 125%
$
79,326.25
City of Fort Worth, Texas Page 15 of 18
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 DEVELOPER
WORTH The Harden, LLC
T�ass� Su 2 b Dana Burgh doff (M 15, 2 :40 CDT)
Dana Burghdoff Jess Gree ay 13, 202312:41 EDT)
Assistant City Jess Green
Manager Senior Vice President
Date: May 15, 2023 Date: May 13, 2023
Recommended by:
HiC;750n Nuyen
Bichson Nguyen (Ma 4, 2023 20:56 CDT)
Dwayne Hollars/Bichson Nguyen
Contract Compliance Specialist
Development Services
Approved as to Form & Legality:
Richard A. McCracken (May 15, 202309:53 CDT)
Contract Compliance Manager:
Richard A. McCracken
Sr. Assistant City Attorney
By signing, I acknowledge that I am the
M&C No. n/a
person responsible for the monitoring and
Date: May 15, 2023
administration of this contract, including
ensuring all performance and reporting
Form 1295: n/a
requirements.
ATTEST:
Rebecca Diane Owen (May 14, 2023 21:37 CDT)
Rebecca Diane Owen
Development Manager
Jannette S. Goodall
City Secretary
City of Fort Worth, Texas Page 16 of 18
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
® Attachment 1 - Changes to Standard Community Facilities Agreement
❑ Attachment 2 — Phased CFA Provisions
❑ Attachment 3 — Concurrent CFA Provisions
® Location Map
❑ Exhibit A: Water Improvements
® Exhibit A-1: Sewer Improvements
❑ Exhibit B: Paving Improvements
❑ Exhibit B-1: Storm Drain Improvements
❑ Exhibit C: Street Lights and Signs Improvements
❑X Cost Estimates
(Remainder of Page Intentionally Left Blank)
City of Fort Worth, Texas Page 17 of 18
Standard Community Facilities Agreement
Rev. 9/21
ATTACHMENT "1"
Changes to Standard Community Facilities
Agreement
City Project No. ] 04662
Negotiated changes are incorporated into the body of this Agreement
City of Fort Worth, Texas Page 18 of 18
Standard Community Facilities Agreement
Rev. 9/21
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PUBLIC MARKET - SEWER
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MARCH 2O23
CPN 104662
THE CITY OF FORT WORTH
CFA VICINITY EXHIBIT
SEWER IMPROVEMENTS
TO SERVE
PUBLIC MARKET
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THE HARDEN, LLC
1321 MARKUM GATEWAY SUITE 100
FORT WORTH, TX 76126
CONTACT: JESS GREEN, 817-618-0008
JESS.GREEN@W ILKSDEVELOPMENT.COM
ENGINEER:
Kimley»)Horn
801 CHERRY STREET, UNIT 11
SUITE 1300
FORT WORTH, TX 76102 817-335-6511
STATE OF TEXAS REGISTRATION NO. F-928
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GRAPHIC SCALE IN FEET
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EXHIBIT Al -SEWER
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MARCH 2O23
CPN 104662
LEGEND:
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EASEMENT
VOL. 388-186, PG. 65_ ' -
(TO BE ABANDONED)
(BY SEPARATE INSTRUMENT)
I
PROPOSED SEWER MANHOLE
EXISTING SEWER LINE
REMOVE EXISTING SEWER LINE
ABANDON EXISTING SEWER
LINE BY GROUTING
PROPOSED TEMPORARY
ASPHALT TRENCH REPLACEMENT
REMOVE ±133 LF EX. 12" SSWR
REMOVE SSWR MH
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CALLED 2.83 ACRES \
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REMOVE ±173 LF EX. 8" SSWR
REMAINDER OF LOT 1 OR,
TEXAS AND PACIFIC F.AILWAY
COMPANY ADDIT ON
VOL. 388-186, PG 35
DEVELOPER
THE HARDEN, LLC
1321 MARKUM GATEWAY SUITE 100
FORT WORTH, TX 76126
CONTACT: JESS GREEN, 817-618-0008
JESS.GREEN@W ILKSDEVELOPMENT.COM
ENGINEER:
Kimley»> Horn
801 CHERRY STREET, UNIT 11
SUITE 1300
FORT WORTH, TX 76102 817-335-6511
STATE OF TEXAS REGISTRATION NO. F-928
SECTION 00 42 43
Developer Awarded Projects - PROPOSAL FORM
CPN: 104662
UNIT PRICE BID
Bidder's Application
Project Item Information
Bidders Proposal
Bidiist Item
No.
Description
Specification Section No.
�
Unit of
MeasureQuantityU�
Bid
Price
Bid Value
UNIT II: SANITARY SEWER IMPROVEMENTS
1
0241.2015 Remove 12" Sewer Line
02 41 14
LF
133
$29.00
$3,857.00
2
0241.2013 Remove 8- Sewer Line
02 41 14
LF
173
_ _s29A>D
35,017.00
3
02412001 Sanitary Line Grotrting
02 41 14
CY
7.0
$1,173.N
1.9
4
83M9A00'I Epoxy Manhole Liner
333900
VF
17
M25.00
58,925.00
5
3339.1002 4' Drop Manhole
_
33 3910, 33 39 20 1
EA
1
_
>74,89900
$14,699.00
8
0241.2201 Remove V Sewer Manhole
02 41 14
EA
1
$1,401.00
$1,401.00
7
3201.0117 10' Wide Asphalt Pvmt Repair, Residential
3201 18
LF
10
$080.00
$9,800.00
8
3471.0001 Traffic Control!— _
34 71 13
MO
3
$1,sooL,o0
34,500 00
9
3301.0001 Pre -CCTV Inspection
33 01 31
LF
306
_ $4.00
11s224.00
10
9999.0004 Conned Private SS to Proposed SSMH
00 00 00
EA
1
52,144.00
$2.144.00
11
3305.0208 Imported EmbedmenUBackfill, Acceptable Badcflll
33 0510
CY
55.6
$577.00
53,189.20
12
.._
3305.0207 Imported Embedment/Ba_ckfill, Select Fill
330510
CY
__...
7A
MT-0-034
-. ___ ...__
&N
13
33115A2U4 Imported Embedment/Backfill, Crushed Rock
330510
CY
1.00
$92.00
$92.00
TOTAL UNIT ll: SEWER
IMPROVEMENTS
$63,461.00
Bid Summary
UNIT II: SEWER IMPROVEMENTS
Total Construction Bid
This Bid is submitted by the entity named below:
BIDDER:
BY: David Hutchinson
iumsey Construction Im
ifs;
4329 Reeder Dr
Carrollton, TX 75010
TITLE: roject Manager
DATE: s116/2023
Contractor agrees to complete WORK for FINAL ACCEPTANCE within
CONTRACT commences to run as provided in the General Conditions.
END OF SECTION
$63,461.00
$63,461.00
worldng days after the date when the