HomeMy WebLinkAboutContract 60832Received Date: Jan 29, 2024
Received Time: 11:59 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: 77G
CFA Number: 23-0136
Vickery Village Development LLC
3800 Maple Ave., Ste 260, Dallas, Texas 75219
850-292-7454 1 ccolley@trademarkproperty.com
Chad A. Colley, Manager
The Vickery 8" Sanitary Sewer Main
Sewer
800 W. Vickery
Plat Name:
Council District: 9
City Project Number: 104913 1 IPRC23-0076
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth, Texas Page 1 of 20
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
City Secretary Number: 60832
STANDARD COMMUNITY FACILITIES AGREEMENT
WITH CITY PARTICIPATION
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 Vickery Village Development LLC
("Developer"), acting by and through its duly authorized representative. City and Developer are referred to
herein individually as a "party" and collectively as the "parties."
WHEREAS, Developer is constructing private improvements or subdividing land within the
corporate limits of Fort Worth, Texas or its extraterritorial jurisdiction, for a project known as The Vickery
8" Sanitary Sewer Main ("Project"); and
WHEREAS, the City desires to ensure that all developments are adequately served by public
infrastructure and that the public infrastructure is constructed according to City standards; and
WHEREAS, as a condition of approval of the Project, Developer is required to bear a portion of
the costs of municipal infrastructure by constructing the public infrastructure necessary for the Project as
described in this Agreement ("Community Facilities" or "Improvements"); and
WHEREAS, as a condition of approval of the Project, Developer is required to meet the additional
obligations contained in this Agreement, and Developer may be required to make dedications of land, pay
fees or construction costs, or meet other obligations that are not a part of this Agreement; and
WHEREAS, the City desires to participate in this Agreement for up to thirty percent (30%) of the
total project cost in an amount not to exceed $19,837.12 to enlarge the scope of the Improvements beyond
what Developer is responsible for replacing the existing 8-inch sanitary sewer line that was installed in
1939 with a new 8-inch sanitary sewer line ("City Participation"); and
WHEREAS, the City Participation includes reimbursement to Developer in an amount not to
exceed $19,837.12 for construction costs. The City is not participating in the cost of construction inspection
service fees, administrative material testing service fees, water lab testing fees, or material testing fees; 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:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth, Texas Page 2 of 20
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
1.
CFA Ordinance
The Community Facilities Agreements Ordinance ("CFA Ordinance"), as amended, is incorporated
into this Agreement by reference, as if it was fully set forth herein. Developer agrees to comply with all
provisions of the CFA Ordinance in the performance of Developer's duties and obligations pursuant to this
Agreement and to cause all contractors hired by Developer to comply with the CFA Ordinance in
connection with the work performed by the contractors. If a conflict exists between the terms and conditions
of this Agreement and the CFA Ordinance, the CFA Ordinance shall control.
2.
Incorporation of Engineering Plans
The engineering plans for the Improvements that have been approved by the City ("Engineering
Plans") are incorporated into this Agreement by reference as if fully set out herein. Developer shall provide
at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to
construct the Improvements required by this Agreement.
3.
Description of Improvements; Exhibits and Attachments
The following exhibits describe the general location, nature and extent of the Improvements that
are the subject of this Agreement and are attached hereto and incorporated herein by reference:
❑
Exhibit A: Water
®
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-1, 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 posted 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
City of Fort Worth, Texas Page 3 of 20
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
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 on or before August 18,2026 ("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. If the Improvements are not
completed at the end of the Term, and any Extension Periods, there will be no further obligation
for City Participation to be paid to the Developer.
(b) The City may utilize the Developer's Financial Guarantee to cause the completion of the
construction of the Improvements or to cause the payment of costs for construction of the
Improvements before the expiration of the Term, and any Extension Period, if the Developer
breaches this Agreement, becomes insolvent, or fails to pay costs of construction. In the event of a
breach of this Agreement, City will provide notice to Developer of such breach of the Agreement
and Developer shall have thirty (30) days to cure said breach prior to the City utilizing the
Developer's Financial Guarantee. It will be determined by City, in the City's sole discretion,
whether or not any breach has been cured within the timeframe provided herein.
(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
City of Fort Worth, Texas Page 4 of 20
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
If Developer desires to terminate this Agreement before Developer's contractors begin
constructing the Improvements, Developer agrees to the following:
(a) that Developer and City must execute a termination of this Agreement in writing;
(b) that Developer will vacate any final plats that have been filed with the county where the Project
is located; and
(c) to pay to the City all costs incurred by the City in connection with this Agreement, including
time spent by the City's inspectors at preconstruction meetings.
9.
Award of Construction Contracts
(a) Developer will award all contracts for the construction of the Improvements and cause the
Improvements to be constructed in accordance with the CFA Ordinance.
(b) Developer will employ construction contractors who meet the requirements of the City to construct
the Improvements including, but not limited, to being prequalified, insured, licensed and bonded to
construct the Improvements in the City.
(c) Developer will require Developer's contractors to provide the City with payment and performance
bonds naming the City and the Developer as dual obligees, in the amount of one hundred percent
(100%) of the cost of the Improvements as required by the CFA Ordinance. The payment and
performance bonds shall guarantee construction of the Improvements and payment of all
subcontractors and material suppliers. Developer agrees to require Developer's contractors to
provide the City with a maintenance bond naming the City as an obligee, in the amount of one
hundred percent (100%) of the cost of the Improvements, that guarantees correction of defects in
materials and workmanship for the Improvements by the contractor and surety for a period of two
(2) years after completion and final acceptance of the Improvements by the City. All bonds must
be provided to the City before construction begins and must meet the requirements of the City's
Standard Conditions, Chapter 2253 of the Texas Government Code, and the Texas Insurance Code.
(d) Developer will require Developer's contractors to provide the City with insurance equal to or in
excess of the amounts required by the City's standard specifications and contract documents for
developer -awarded infrastructure construction contracts. The City must be named as an additional
insured on all insurance policies. The Developer must provide the City with a Certificate of
Insurance (ACORD or form approved by the State of Texas), supplied by each contractor's
insurance provider, which shall be made a part of the Project Manual.
(e) Developer will require the Developer's contractors to give forty-eight (48) hours' advance notice
of their intent to commence construction of the Improvements to the City's Construction Services
Division so that City inspection personnel will be available. Developer will require Developer's
contractors to allow construction of the Improvements to be subject to inspection at any and all
times by the City's inspectors. Developer will require Developer's contractors to not install or
relocate any sanitary sewer, storm drain, or water pipe unless a City inspector is present and gives
consent to proceed, and to allow such laboratory tests as may be required by the City.
(f) Developer will not allow Developer's contractors to begin construction of the Improvements until
a notice to proceed to construction is issued by the City.
City of Fort Worth, Texas Page 5 of 20
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
(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.
(h) Developer shall ensure the contractors are paid the City's wage rates in effect during construction
of the Improvements.
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.
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, INCLUDING DEATH,
OR TO ANY PROPERTY, RESULTING FROM OR IN CONNECTION WITH THE
CONSTRUCTION, DESIGN, PERFORMANCE OR COMPLETION OF ANY WORK TO BE
PERFORMED BY SAID DEVELOPER, ITS CONTRACTORS, SUBCONTRACTORS,
OFFICERS, AGENTS OR EMPLOYEES, OR IN CONSEQUENCE OF ANY FAILURE TO
PROPERLY SAFEGUARD THE WORK, OR ONACCOUNT OFANYACT, INTENTIONAL
OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID DEVELOPER, ITS
CONTRACTORS, SUB -CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, EXCEPT
TO THE EXTENT SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE
OR IN PART, BY THE ACTUAL NEGLIGENCE OF THE CITY OF FORT WORTH, ITS
OFFICERS, SERVANTS, OR EMPLOYEES.
(c) DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND AND
HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM
AND AGAINST ANY AND ALL CLAIMS, SUITS OR CAUSES OF ACTION OF ANY
NATURE WHATSOEVER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ON
City of Fort Worth, Texas Page 6 of 20
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
ACCOUNT OF ANY INJURIES OR DAMAGES TO PERSONS OR PROPERTY,
INCLUDING DEATH, RESULTING FROM, OR INANY WAY CONNECTED WITH, THE
CONSTRUCTION OF THE IMPROVEMENTS CONTEMPLATED HEREIN, EXCEPT TO
THE EXTENT SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE OR
IN PART, BY THE ACTUAL NEGLIGENCE OF THE CITY OF FORT WORTH, ITS
OFFICERS, SERVANTS, OR EMPLOYEES. FURTHER, DEVELOPER WILL REQUIRE
ITS CONTRACTORS TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY
FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES SUFFERED BY THE CITY OR
CAUSED AS A RESULT OF SAID CONTRACTORS' FAILURE TO COMPLETE THE
WORK AND CONSTRUCT THE IMPROVEMENTS IN A GOOD AND WORKMANLIKE
MANNER, FREE FROM DEFECTS, IN CONFORMANCE WITH THE CFA ORDINANCE,
AND INACCORDANCE WITH ALL PLANS AND SPECIFICATIONS.
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.
City of Fort Worth, Texas Page 7 of 20
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
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:
Development Coordination Office
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
With conies 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:
Vickery Village Development LLC
3800 Maple Ave., Ste 260
Dallas, Texas 75219
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,
City of Fort Worth, Texas Page 8 of 20
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
and further, that City shall have access during normal working hours to all of the contractor's facilities, and
shall be provided adequate and appropriate work space in order to conduct audits in compliance with the
provisions of this section. City shall give Developer's contractors reasonable advance notice of intended
audits.
18.
Independent Contractor
It is expressly understood and agreed that Developer and its employees, representative, agents,
servants, officers, contractors, subcontractors, and volunteers shall operate as independent contractors as to
all rights and privileges and work performed under this Agreement, and not as agents, representatives or
employees of the City. Subject to and in accordance with the conditions and provisions of this Agreement,
Developer shall have the exclusive right to control the details of its operations and activities and be solely
responsible for the acts and omissions of its employees, representatives, agents, servants, officers,
contractors, subcontractors, and volunteers. Developer acknowledges that the doctrine of respondeat
superior shall not apply as between the City and its officers, representatives, agents, servants and
employees, and Developer and its employees, representatives, agents, servants, officers, contractors,
subcontractors, and volunteers. Developer further agrees that nothing herein shall be construed as the
creation of a partnership or joint enterprise between City and Developer. It is further understood that the
City shall in no way be considered a co -employer or a joint employer of Developer or any employees,
representatives, agents, servants, officers, contractors, subcontractors, and volunteers of Developer.
Neither Developer, nor any officers, agents, servants, employees or subcontractors of Developer 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 fixture 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.
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Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
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 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 meaning 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
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Standard Community Facilities Agreement with City Participation
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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
against a firearm entity or firearm trade association" "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.
Compliance with Public Information Act Requests
The requirements of Subchapter J, Chapter 552, Government Code, may apply to this
Agreement and Developer agrees that the Agreement can be terminated if Developer knowingly or
intentionally fails to comply with a requirement of that subchapter. Developer acknowledges that
section 552.371 of the Texas Government Code applies to this Agreement if: (1) this Agreement has a stated
expenditure of at least $1 million in public funds for the purchase of good or services by the City; or (2)
this Agreement results in the expenditure of at least $1 million in public funds for the purchase of goods or
services by the City in a fiscal year of the City. To the extent that section 552.371 of the Texas Government
Code applies to this Agreement, Developer shall comply with section 552.372 of the Texas Government
Code by: (1) preserving all contracting information relating to this Agreement as provided by the records
retention requirements applicable to the City for the duration of the Agreement; (2) promptly providing the
City any contracting information related to this Agreement that is in the custody or possession of Developer
on request of the City; and (3) on completion of the Agreement, either (a) providing at no cost to the City
all contracting information related to the Agreement that is in the custody or possession of Developer; or
(b) preserving the contracting information relating to the Agreement as provided by the retention
requirements application to the City.
29.
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,
City of Fort Worth, Texas Page 11 of 20
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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.
30.
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.
31.
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.
32.
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.
33.
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.
34.
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.
35.
Counterparts
This Agreement may be executed in multiple counterparts, each of which will be deemed an
original, but which together will constitute one instrument.
36.
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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.
37.
City Participation; Fiscal Funding Limitation
(a) The City will reimburse Developer for construction costs in an amount not to exceed $19,837.12.
The City shall reimburse Developer for the City Participation
after presentation of proper
documentation by Developer to the City that the Improvements have
been constructed and accepted
by the City and all contractors and material suppliers have been paid. Developer must register as a
vendor of the City in order for the City Participation to be paid to Developer. The City Participation
was calculated as follows:
Project Item Information- IPRC23-0076 CPN 104913
Bidlist Item) I Specification I Unit of I
Description
Bid Unit Price Bid Value
No Section No. !bSeasure
Quantity
UNIT II: SANITARY SEWER IMPROVEMENTS
1 0241.1000 Remove Conc Pvmt 0241 15 SY
237 $15.84 $ 3,754.08
2 0241.2013 Remove 8" Sewer Line 0241 14 LF
356 $11.79 $ 4,19724
3 3301.0002 Post -CCTV Inspection 3301 31 LF
369 $1.95 $ 719.55
4 3305.0109 Trench Safety 33 05 10 LF
369 $1.12 $ 41328
5 3305.0202 Imported Embedment/Backfill, CSS 33 05 10 CY
2 $87.02 $ 174.04
6 3331.4115 8" Sewer Main 3331 20 LF
369 $49.38 $ 18,22122
7 3339.0001 Epoxy Manhole Liner 33 39 60 VF
14 $207.80 $ 2,90920
8 3339.1001 4" Manhole 33 39 10 EA
1 $3,849.35 $ 3,849.35
9 3339.1002 4' Drop Manhole 33 39 10 EA
1 $4,377.83 $ 4,377.83
10 3471.0013 Traffic Control 3471 13 MO
1 $3,76826 $ 3,76826
TOTAL UNIT II; SANITARY SEWER IMPROVEMENTS $42,384.05
Construction Inspection Fee $22,500.00
Admin Material Testing Fee $392.00
Projected Material Testing Cost $847.68
Project Total $66,123.73
City Participation - Applied to constriction costs only $19,837.12
(b) In the event no funds or insufficient funds are appropriated and budgeted or are otherwise
unavailable by any means whatsoever in any fiscal period for payments due under this Agreement,
then the City will immediately notify Developer of such occurrence and this Agreement shall be
terminated on the last day of the fiscal period for which appropriations were received without
penalty or expense to the City of any kind whatsoever, except to the portions of annual payments
herein agreed upon for which funds shall have been appropriated.
(c) Substantial completion of the Improvements shall occur after Developer's contractors notify the
City that the Improvements are constructed and ready for their intended use, the City and
Developer's contractors inspect the Improvements, and the City concurs that the Improvements are
substantially complete. This Agreement does not provide for any retainage to be withheld from the
City Participation.
City of Fort Worth, Texas Page 13 of 20
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
[REMAINDER OF PAGE INTENTIONALLY BLANK]
City of Fort Worth, Texas Page 14 of 20
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
38.
Cost Summary Sheet
Project Name: The Vickery 8" Sanitary Sewer Main
CFA No.: 23-0136 IPRC No.: 23-0076
Items
A. Water and Sewer Construction
1. Water Construction
2. Sewer Construction
Water and Semr Construction Total
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)
Estimated Construction Fees:
C. Construction Inspection Service Fee
D. Administrative Material Testing Service Fee
E. Material Testing Cost (unknown cost)
E. Water Testing Lab Fee
Total Estimated Construction Fees:
TOTAL PROJECT COST
Financial Guarantee Options, choose one
Bond = 100%
Completion Aqreement = 100% / Holds Plat
Cash Escrow Water/Sanitary Sewer= 125%
Cash Escrow Pavinq/Storm Drain = 125%
Letter of Credit = 125%
City Project No.: 104913
Developer's Cost City's Cost Total Cost
$ 22,546.93 $ 19,837.12 $ 42,384.05
$ 22,546.93 $ 19,837.12 $ 42,384.05
$ 22,546.93 $ 19,837.12 $ 42,384.05
$22,500.00 $0.00 $22,500.00
$392.00 $0.00 $392.00
$847.68 $0.00 $847.68
$0.00 $0.00 $0.00
$ 23,739.68 $ - $
$ 46,286.61 $ 19,837.12 $
Choice
Amount (Mark one)
$ 42,384.05I
$ 42,384.05I
$ 52,980.06I
$ -
$ 52,980.06I X
23,739.68
66,123.73
City of Fort Worth, Texas Page 15 of 20
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
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
nA91-11 $U41-AL off
Dana Burghdo (Jan'19, 202411.10 CST)
Dana Burghdoff
Assistant City Manager
Date: Jan 29, 2024
Recommended by:
a-'d:=r
Dwayne Hollars (Jan 25, 202411:17 CST)
Dwayne Hollars
Contract Compliance Specialist
Development Services Department
Approved as to Form & Legality:
Thomas Royce Hansen
Assistant City Attorney
M&C No. N/A
Date: Jan 29, 2024
Form 1295: N/A
upq�
ATTEST: ;?l.....R.4.
M,
dVo 8=0
Opan nEXog'dbb
Jannette Goodall
City Secretary
DEVELOPER
Vickery Village Development LLC
By: Trademark Multifamily Vickery, LLC,
Manager
CItAD A. COLLEY
CHAD A. COLLEY (Jan 25, 2024 09:08 PST)
Chad A. Colley
Manager
Date: Jan 25, 2024
Contract Compliance Manager:
By signing, I acknowledge that I am the person
responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
-UIIn
Rebecca Diane Owen (Jan 25, 202411:19 CST)
Rebecca Owen
Development Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth, Texas Page 16 of 20
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
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
❑X 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 20
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
ATTACHMENT "I"
Changes to Standard Community Facilities Agreement
City Project No. 104913
None
City of Fort Worth, Texas Page 18 of 20
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
ATTACHMENT "2"
Phased CFA Provision
City Project No. 104913
The improvements being constructed by Developer pursuant to this Agreement will connect to
improvements Developer is constructing under a separate Community Facilities Agreement that have not
been completed and accepted by the City. Therefore, this Agreement shall be considered a "Phased CFA"
and the provisions contained in this section shall apply to this Agreement.
The improvements being constructed by Developer under the separate Community Facilities
Agreement shall be defined as the "Parent Project." The improvements being constructed by Developer
under this Agreement shall be defined as the "Child Project."
Developer acknowledges and agrees that due to Developer's election to construct a Phased 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 Parent Project
and the Child Project to properly connect to each other; changes to the design or construction of the
improvements in the Parent Project that impact the design and construction of the improvements in the
Child Project; construction delays, delay claims, or claims for liquidated damages; increased costs for the
Developer; failure of the improvements to pass inspection or material testing; or rejection by the City of
some or all of the improvements and Developer having to remove and reconstruct the improvements at
Developer's expense. In addition, Developer understands and agrees that disputes may arise between
Developer's contractors or their subcontractors relating to responsibility for the Construction Problems.
Developer shall be solely responsible for resolving disputes between contractors or disputes between
contractors and subcontractors.
Developer further acknowledges and agrees that Developer has notified all of Developer's
contractors for the Project that Developer has elected to construct a Phased CFA, the provisions of this
section, the risks associated with a Phased CFA, and that the City shall not bear any responsibility for
Developer's decision to proceed with a Phased CFA.
Developer shall not make the final connection of the improvements in the Child Project to the
improvements in the Parent Project until the improvements in the Parent 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
City of Fort Worth, Texas Page 19 of 20
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
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 PHASED CFA, DEVELOPER ASSUMES ALL RISKS
AND DEVELOPER SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL DAMAGES,
INCLUDING BUT NOT LIMITED TO ANYAND ALL ECONOMIC DAMAGES PROPERTYLOSS,
PROPERTY DAMAGES AND PERSONAL INJURY, (INCLUDING DEATH), OF ANY KIND OR
CHARACTER, WHETHER REAL OR ASSERTED. DEVELOPER HEREBY EXPRESSLY
RELEASES AND DISCHARGES CITY FROM ANY AND ALL LIABILITY FOR DAMAGES,
INCLUDING, BUT NOTLIMITED TOANYANDALL ECONOMIC DAMAGES, PROPERTYLOSS,
PROPERTY DAMAGE AND PERSONAL INJURY (INCLUDING DEATH) ARISING OUT OF OR
IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION OF THE
IMPROVEMENTS OR DEVELOPER'S DECISION TO CONSTRUCT A PHASED CFA.
DEVELOPER, AT ITS SOLE COST AND EXPENSE, AGREES TO AND DOES HEREBY
INDEMNIFY, DEFEND PROTECT, AND HOLD HARMLESS CITY, AND CITY'S OFFICERS,
REPRESENTATIVES, AGENTS, EMPLOYEES, AND SERVANTS FOR, FROM AND AGAINST
ANY AND ALL CLAIMS (WHETHER AT LAW OR IN EQUITY), LIABILITIES, DAMAGES
(INCLUDINGANY AND ALL ECONOMIC DAMA GES, PROPERTYLOSS, PR OPER TY DAMA GES
AND PERSONAL INJURIES INCLUDING DEATH), LOSSES, LIENS, CAUSES OF ACTION,
SUITS, JUDGMENTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, COURT COSTS,
ATTORNEYS' FEES AND COSTS OF INVESTIGATION), OF ANY NATURE, KIND OR
DESCRIPTION ARISING OR ALLEGED TO ARISE BY OR IN ANY WAY RELATED TO
CONSTRUCTION OF THE IMPROVEMENTS OR DEVELOPER'S CHOICE TO CONSTRUCT A
PHASED CFA, OR (2) BY REASON OF ANY OTHER CLAIM WHATSOEVER OF ANY PERSON
OR PARTY OCCASIONED OR ALLEGED TO BE OCCASIONED IN WHOLE OR INPART BY THE
CONSTRUCTIONS OF THE IMPROVEMENTS OR DEVELOPER'S CHOICE TO CONSTRUCT A
PHASED CFA EXCEPT TO THE EXTENT SUCH INJURIES, DEATH OR DAMAGES ARE
CAUSED, IN WHOLE OR IN PART. BY THE ACTUAL NEGLIGENCE OF THE CITY OF FORT
WORTH. ITS OFFICERS. SERVANTS. OR EMPLOYEES.
DEVELOPER:
VICKERY VILLAGE DEVELOPMENT
LLC
By: Trademark Multifamily Vickery, LLC,
Manager
Dt A,D A. COLLEY
CHAD A. COLLEY (Jan 25, 2024 09:08 PST)
Name: Chad A. Colley
Title: Manager
City of Fort Worth, Texas Page 20 of 20
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
THE CITY OF FORT WORTH
SEWER IMPROVEMENTS TO SERVE
THE VICKERY - 8" SANITARY SEWER
TE X A
13 H
VICKERY - I
JAI VIS I SITE
- t J Q GAGGCT
DAGCETT 7 I
iB-�Y
OAC W
BROADWAY w _-
TS
JITN NL�jI I -
-
Q o AN�IE , ,9 7
VICINITY MAP
NOT TO SCALE
LOCATION MAP
MAPSCO #77
FORTWORTH COUNCIL DISTRICT #9 -
ENVIKTUS
FORTWORTH
EXHIBIT A -1
SEWER IMPROVEMENTS
VICKERY - 8" SANITARY SEWER
CFA 23-0136, IPRC23-0076, CPN 104913
EXHIBIT A -1
SE WEB IMPR 0 VEMENTS
MAPSCO #77
COUNCIL DISTRICT #9
�1
ENVIKTUS
IPRC23-0076 8in Sanitary Sewer - Bid Proposal As
00 42 43
DAP PROPOSAL FORM
Pape 2 of 6
Project Item Information
Bidder's Proposal
Bidlist Item
Descnption
Specrficalion
Unit of
I
Bid
Unit Price
I
Bid Value
No
SKUO. No.
Measure
Quantity
I
UNIT II: SANITARY SEWF;
rgJ)Ve
ENTS
1
0241.1000 Remove Conc Pvmt
r1
b 41 15
SY
237
$15.84 $
3.754.08
2
0241.2013 Remove 8" Sewer Line
0241 14 I
LF
356
$11.79 $
4,197.24
3
3301.0002 Post -CCTV Inspection
3301 31
LF
369
$1.95 $
719.55
4
3305.0109 Trench Safety
33 05 10 I
LF
369
$1A2 $
413.28
I 5
3305.0202 Imported EmbedmentlBackfiil, CSS
33 05 10 1
CY
2
$87.02 $
174.04
I 6
3331,4115 8" Sewer Main
3331 20 1
LF
369
$49.38 $
18,221.22
I 7
3339.0001 Epoxy Manhole Liner
33 39 60 1
VF
14
$207.80 $
2,909.20
I 8
3339.1001 4" Manhole
33 39 10 I
EA
1
$3.849.35 $
3,849.35
I 9
3339.1002 4' Drop Manhole
33 39 10 1
EA
1
$4.377.83 $
4,377.83
I 10
3471.0013 Traffic Control
3471 13 1
MO
1
$3,768.26 $
3,768.26
TOTAL UNIT II: SANITARY SEWER IMPROVEMENTSI $42,384.05
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS DEVELOPER AWARDED PROJECTS
Fend Variiw May 22, 2018
The Vickery - 8" Sanitary Sewer
CPN: 104913
IPRC23-0076 Bin Sanitary Sewer - Bid Proposal -As
004243
DAP PROPOSAL FORM
Page 6 of e
Project Item Information
Bidder's Proposal
Bidlist heir DescriptionSpecification Unit of I Bid
Unit Price Bid Value
No. Section No. Measure Quantity
Bid Summary
UNIT I: WATER IMPROVEMENTS
$0.00
j UNIT II: SANITARY SEWER IMPROVEMENTS
$42,384.05
j UNIT Ili: DRAINAGE INIPRQ��y(�r[�gNTS
$0.00
UNIT IV: PAYING IMp�tOVEAAEN7�
$0.00
UNIT V: STREET LIGHTING WrR 1 EMENTS
$0.00
Total Comtruction Bid
$42,394.05
This Bid is submitted by the entity named below:
Bidder:
Rumsey Construction, Inc.
4329 Reeder Drive
Carrollton, TX 75010
By:
Name
Garywells
Title.
COO
Date
/ • 3 . 2.02q
Contractor agrees to complete Work for Final Acceptance within 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
Farm Version May 22, 201a
The Vickery - 8" Sanitary Sewer
CPN: 104913