HomeMy WebLinkAboutContract 61293Received Date: 04/22/24
Received Time: 10:50 a.m.
Developer and Project Information Cover Sheet:
Developer Company Name:
Harmony Public Schools
Address, State, Zip Code:
9524 Sam Houston Parkway S, Houston TX 77099
Phone & Email:
713-343-3333;
nbayhan@harmonytx.org
Authorized Signatory, Title:
Dr. Nihat Bayhan, Deputy Superintendent
Project Name:
Harmony Elementary School White Settlement
Brief Description:
Water, sewer, paving, drainage, and streetlight
Project Location:
White Settlement Rd, between Legacy Dr & Academy Blvd
Plat Case Number:
None provided
Plat Name:
None provided
Mapsco:
58Y
Council District:
7
CFA Number:
23-0129
City Project Number:
CPN 104929 1 IPRC23-0082
City of Fort Worth, Texas
Standard Community Facilities Agreement
Rev. 9/21
Page 1 of 16
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City Contract Number: 61293
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 Harmony Public Schools, a Texas
non-profit corporation ("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 Harmony
Elementary School White Settlement ("Project"); and
WHEREAS, the City desires to ensure that all developments are adequately served by public
infrastructure and that the public infrastructure is constructed according to City standards; and
WHEREAS, as a condition of approval of the Project, Developer is required to bear a portion of
the costs of municipal infrastructure by constructing the public infrastructure necessary for the Project as
described in this Agreement ("Community Facilities" or "Improvements"); and
WHEREAS, as a condition of approval of the Project, Developer is required to meet the additional
obligations contained in this Agreement, and Developer may be required to make dedications of land, pay
fees or construction costs, or meet other obligations that are not a part of this Agreement; and
WHEREAS, the City is not participating in the cost of the Improvements or Project; and
WHEREAS, the Developer and the City desire to enter into this Agreement in connection with
the collective Improvements for the Project;
NOW, THEREFORE, for and in consideration of the covenants and conditions contained herein,
the City and the Developer do hereby agree as follows:
1.
CFA Ordinance
The Community Facilities Agreements Ordinance ("CFA Ordinance"), as amended, is incorporated
into this Agreement by reference, as if it was fully set out herein. Developer agrees to comply with all
provisions of the CFA Ordinance in the performance of Developer's duties and obligations pursuant to this
Agreement and to cause all contractors hired by Developer to comply with the CFA Ordinance in
connection with the work performed by the contractors. If a conflict exists between the terms and conditions
of this Agreement and the CFA Ordinance, the CFA Ordinance shall control.
City of Fort Worth, Texas
Standard Community Facilities Agreement
Rev. 9/21
Page 2 of 16
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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
❑X Exhibit B-1: Storm Drain
® Exhibit C: Street Lights & Signs
Exhibit C-1: Traffic Signal
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, C-1, 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 amount of $1,659,329.38 in
the form agreed to by the Parties 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 of Fort Worth, Texas
Standard Community Facilities Agreement
Rev. 9/21
Page 3 of 16
City and shall not reduce the amount of the Financial Guarantee unless authorized by the City in
accordance with the CFA Ordinance.
6.
Completion Deadline; Extension Periods
This Agreement shall be effective on the date this Agreement is executed by the City's Assistant
City Manager ("Effective Date"). Developer shall complete construction of the Improvements and
obtain the City's acceptance of the Improvements within two (2) years of the Effective Date ("Term").
If construction of the Improvements has started during the Term, the Developer may request that this
Agreement be extended for an additional period of time ("Extension Period"). All Extension Periods shall
be agreed to in writing by the City and the Developer as set forth in a written amendment to this Agreement.
In no event shall the Term of this Agreement plus any Extension Periods be for more than three years.
7.
Failure to Construct the Improvements
(a) The City may utilize the Developer's Financial Guarantee to cause the completion of the
construction of the Improvements if at the end of the Term, and any Extension Periods, the
Improvements have not been completed and accepted by the City.
(b) The City may utilize the Developer's Financial Guarantee to cause the completion of the
construction of the Improvements or to cause the payment of costs for construction of the
Improvements before the expiration of the Term, and any Extension Period, if the Developer
breaches this Agreement, becomes insolvent, or fails to pay costs of construction.
(c) If the Financial Guarantee is a Completion Agreement and the Developer's contractors or suppliers
are not paid for construction costs or materials supplied for the Improvements the contractors and
suppliers may place a lien upon any property which the City does not have an ownership interest
that is the subject of the Completion Agreement.
(d) Nothing contained herein is intended to limit the Developer's obligations under the CFA
Ordinance, this Agreement, the Financial Guarantee, Developer's agreements with Developer's
contractors, or other related agreements.
8.
Termination
If Developer desires to terminate this Agreement before Developer's contractors begin
constructing the Improvements, Developer agrees to the following:
(a) that Developer and City must execute a termination of this Agreement in writing;
(b) that Developer will vacate any final plats that have been filed with the county where the Project
is located; and
(c) to pay to the City all costs incurred by the City in connection with this Agreement, including
time spent by the City's inspectors at preconstruction meetings.
City of Fort Worth, Texas
Standard Community Facilities Agreement
Rev. 9/21
Page 4of16
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.
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.
Developer will not allow Developer's contractors to connect buildings to service lines of sewer and
water mains constructed pursuant to this Agreement, if any, until said sewer, water mains and
service lines have been completed to the satisfaction of the City.
10.
Utilities
Developer shall cause the installation or adjustment of utilities required to: (1) serve the Project;
and (2) to construct the Improvements required herein. City shall not be responsible for payment of any
City of Fort Worth, Texas
Standard Community Facilities Agreement
Rev. 9/21
Page 5 of 16
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) TO THE EXTENT PERMITTED BY LAW, 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) TO THE EXTENT PERMITTED BYLAW, 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 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 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 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.
(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 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
City of Fort Worth, Texas
Standard Community Facilities Agreement
Rev. 9/21
Page 6 of 16
MANNER, FREE FROM DEFECTS, IN CONFORMANCE WITH THE CFA ORDINANCE,
AND IN ACCORDANCE WITH ALL PLANS AND SPECIFICATIONS.
13.
Right to Enforce Contracts
Upon completion of all work associated with the construction of the Improvements, Developer will
assign to the City a non-exclusive right to enforce the contracts entered into by Developer with its
contractors, along with an assignment of all warranties given by the contractors, whether express or implied.
Further, Developer agrees that all contracts with any contractor shall include provisions granting to the City
the right to enforce such contracts as an express intended third 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 Harmony Public Schools
City of Fort Worth, Texas
Standard Community Facilities Agreement
Rev. 9/21
Page 7 of 16
City of Fort Worth
200 Texas Street
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
9324 Sam Houston Parkways S.
Houston, TX 77099
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
City of Fort Worth, Texas
Standard Community Facilities Agreement
Rev. 9/21
Page 8of16
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 or Developer 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 or Developer's right to assert or rely on any such term or right on any future occasion.
21
Governmental Powers and Immunities.
It is understood that by execution of this Agreement, the City does not waive or surrender
any of its governmental powers or immunities.
22.
Headings
The paragraph headings contained herein are for the convenience in reference and are not intended
to define or limit the scope of any provision of this Agreement.
23.
Severability
In the event that any clause or provision of this Agreement shall be held to be invalid by any
court of competent jurisdiction, the invalidity of such clause or provision shall not affect any of the
remaining provisions hereof.
City of Fort Worth, Texas
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Rev. 9/21
Page 9 of 16
24.
Review of Counsel
City and Developer, and if they so choose, their attorneys, have had the opportunity to review
and comment on this document; therefore any rule of contract construction or interpretation that would
normally call for the document to be interpreted as against the drafting party shall not apply in
interpretation of this Agreement, and each section, portion, and provision of this Agreement shall be
construed solely on the basis of the language contained therein, regardless of who authored such
language.
25.
Prohibition on Boycotting Israel
Developer acknowledges that in accordance with Chapter 2271 of the Texas Government Code,
the City is prohibited from entering into a contract with a company with 10 or more full-time employees
that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City for
goods or services unless the contract contains a written verification from the company that it: (1) does not
boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel"
and "company" have the meanings ascribed to those terms by Chapter 2271 of the Texas Government Code.
To the extent that Chapter 2271 of the Government Code is applicable to this Agreement, by signing this
Agreement, Developer certifies that Developer's signature provides written verification to the City that
Developer: (1) does not boycott Israel; and (2) will not boycott Israel during the term of this Agreement.
26.
Prohibition on Boycotting Energy Companies
Developer acknowledges that in accordance with Chapter 2274 of the Texas Government Code, as
added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for
goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds
of the City with a company with 10 or more full-time employees unless the contract contains a written
verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott
energy companies during the term of the contract. The terms "boycott energy company" and "company"
have the meanings ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by
Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is
applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature
provides written verification to the City that Developer: (1) does not boycott energy companies; and (2)
will not boycott energy companies during the term of this Agreement.
27.
Prohibition on Discrimination Against Firearm and Ammunition Industries
Developer acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering
into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly
from public funds of the City with a company with 10 or more full-time employees unless the contract
contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate
during the term of the contract against a firearm entity or firearm trade association. The terms
"discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms
by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To
City of Fort Worth, Texas
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Rev. 9/21
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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
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.
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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 any number of counterparts and by different parties hereto in
separate counterparts, each of which when so executed and delivered shall be deemed to be an
original and all of which taken together shall constitute one and the same instrument. Signatures
transmitted via facsimile and/or electronic mail shall be deemed originals. The parties hereto
consent and agree that this Agreement may be signed and/or transmitted by facsimile, e-mail of a
.pdf document or using electronic signature technology (e.g., via DocuSign or similar electronic
signature technology) and that such signed electronic record shall be valid and as effective to
bind the party so signing as a paper copy bearing such party's handwritten signature. Each party
to this Agreement hereby waives any defenses to the enforcement of the terms of this Agreement
based on the form of the signature, and hereby agree that such electronically transmitted or
signed signatures shall be conclusive proof, admissible in judicial proceedings, of each party's
execution of this Agreement.
35.
Business Days
In the event that any date or any period provided for in this Agreement shall end on a
Saturday, Sunday or legal holiday where the Property is located, the applicable date or period shall
be extended to the first business day following such Saturday, Sunday or legal holiday where the
Property is located.
36.
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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City of Fort Worth, Texas
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37.
Cost Summary Sheet
Project Name: Harmony Elementary School White Settlement
CFA No.: 23-0129
City Project No.: 104929 IPRC No.: 23-0082
Items Developer's Cost
A. Water and Sewer Construction
1. Water Construction
2. Sewer Construction
Water and Sewer Construction Total $ 126,739.00
$ 109,054.00
$ 17,685.00
B. TPW Construction
1. Street
2. Storm Drain
3. Street Lights Installed by Developer
4. Signals
TPW Construction Cost Total
$ 235,530.50
$ 155,964.00
$ 185,940.00
$ 623,290.00
$ 1,200,724.50
Total Construction Cost (excluding the fees): $ 1,327,463.50
Estimated Construction Fees:
C. Construction Inspection Service Fee
D. Administrative Material Testing Service Fee
E. Water Testing Lab Fee
Total Estimated Construction Fees:
Financial Guarantee Options, choose one
$56,400.00
$2,205.00
$240.00
$ 58,845.00
Amoun t
Choice
Mark one
Bond = 100%
$ 1,327,463.50
Completion Agreement = 100% / Holds Plat
$ 1,327,463.50
Cash Escrow Water/Sanitary Sewer= 125%
$ 158,423.75
Cash Escrow Paving/Storm Drain = 125%
$ 1,500,905.63
Letter of Credit = 125%
$ -
Escrow Pledge Agreement = 125%
$ 1,659,329.38
X
City of Fort Worth, Texas
Standard Community Facilities Agreement
Rev. 9/21
Page 13 of 16
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
Dana
B rghdoff
r1202417:16
Dana Burghdoff (Ap
CDT)
Dana Burghdoff
Assistant City Manager
Date: Apr 17, 2024
Recommended by:
Dwayne Hollars/Bichson Nguyen
Contract Compliance Specialist
Development Services
Approved as to Form & Legality:
Richard McCracken (Apr 16, 2024 21:21 CDT)
Richard A. McCracken
Sr. Assistant City Attorney
M&C No. N/A
Date: Apr 16, 2024
Form 1295: N/A
ATTEST:
Jannette S. Goodall
City Secretary
City of Fort Worth, Texas
Standard Community Facilities Agreement
Rev. 9/21
DEVELOPER
Harmony Public Schools
Dr. Nihat Bayhan
Deputy Superintendent
Apr 15, 2024
Date:
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.
Rebecca Owen (Apr 15, 202413:49 CDT)
Rebecca Diane Owen
Development Manager
Page 14 of 16
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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
Exhibit C-1: Traffic Improvements
Cost Estimates
(Remainder of Page Intentionally Left Blank)
City of Fort Worth, Texas
Standard Community Facilities Agreement
Rev. 9/21
Page 15 of 16
ATTACHMENT "1"
Changes to Standard Community Facilities Agreement
City Project No. 104929
Negotiated changes are incorporated into the body of this Agreement.
City of Fort Worth, Texas
Standard Community Facilities Agreement
Rev. 9/21
Page 16 of 16
LEGACY DR
LONG RIFLE DR
PACK SADDLE TRL
LONE EAGLE DR
400'
800'
GRAPHIC SCALE - 1 "=400'
EXHIBIT - VICINITY MAP
JERICHO LN
MARYVILLE
PACK SADDLE TRL
ROCKLEDGE RD
PROJECT
LOCATION
V.•• WHITE SETTLEMENT RD
•
MAPSCO NO. TAR-058Y
CITY PROJECT NO. 104929
COUNCIL DISTRICT 7
4)0
!•: h
elff
.01 MEACHAM BLVD, SMITE 600
FORT WORTH. TEXAS 76137
TEL. (817) 8473422
HARMONY SCHOOL - WHITE SETTLEMENT
FORT WORTH, TEXAS
DATE: 09/22/2023
CPN: 104929
AVO: 52191
OWNED/DEVELOPED BY:
HARMONY PUBLIC SCHOOLS
CONTACT: NIHAT BATMAN
9321 W SAM HOUSTON PARKWAY
HOUSTON, TX 77099
TEL: 713-343-3333 EXT: 2601
EMAIL NBAYHANOHARMONYTXARG
"TR
0
EXHIBIT A - WATER IMPROVEMENTS
PROPOSED PRIVATE
3" WATER SERVICE
PROP. HARMONY
ELEMENTARY
SCHOOL
PROPOSED
PRIVATE 8"
WATER
EX. 16"
WATER
100'
PROPOSED
PUBLIC 8"
WATER
200'
GRAPHIC SCALE - 1"=100'
PROPOSED
*Q. PUBLIC FHH
/• PROPOSED
PUBLIC 8"
WATER
LEGEND:
PROPOSED PUBLIC WATER
PROPOSED PRIVATE WATER
EXISTING WATER
WTR
WTR
EX 16" WTR
N
■■'
���
�F
2601
FORT
TEL.
haLfF
MEACHAM
(817)
BLVD,
WORTH, TEXAS
847-1422
SUITE 600
76137
HARMONY SCHOOL - WHITE SETTLEMENT
FORT WORTH, TEXAS
OWNED/DEVELOPED BY:
HARMONY PUBLIC SCHOOLS
CONTACT: NIHAT PUBLIC
9321 W SAM HOUSTON PARKWAY
HOUSTON, TX 77099
TEL: 713-343-3333 EXT: 2601
EMAIL: NBAYHAN@HARMONYTX.ORG
DATE: 09/22/2023
CPN: 104929
AVO: 52191
EXHIBIT Al - SANITARY SEWER IMPROVEMENTS
40'
GRAPHIC SCALE - 1"=40'
PROP. PRIVATE
8" SANITARY
SEWER
80'
LEGEND:
PROPOSED PUBLIC SANITARY SEWER
PROPOSED PRIVATE SANITARY SEWER
EXISTING SANITARY SEWER
PROPOSED PUBLIC MANHOLE
EX. 8" SANITARY
SEWER
SS
EX 8" SS
•
N
■■'
���
�F�
2601
FORT
TEL.
haLfF
MEACHAM
(817)
BLVD,
WORTH, TEXAS
847-1422
SUITE 600
76137
HARMONY SCHOOL - WHITE SETTLEMENT
FORT WORTH, TEXAS
OWNED/DEVELOPED BY:
HARMONY PUBLIC SCHOOLS
CONTACT: NIHAT PUBLIC
9321 W SAM HOUSTON PARKWAY
HOUSTON, TX 77099
TEL: 713-343-3333 EXT: 2601
EMAIL: NBAYHAN@HARMONYTX.ORG
DATE: 09/22/2023
CPN: 104929
AVO: 52191
EXHIBIT B - PAVING IMPROVEMENTS
LOTS 15-25, BLOC 5D: LOTS 6-18, BLO 5E;
LOTS 1-I8, BLOCK 5F; LOTS 1-37, BLOCK -G;
LE SQUARE
CAB. A, PG. 6297
(00C. 0. D200268605)
PROPOSED
HARMONY
ELEMENTARY
SCHOOL
SPECIAL WARRANTY DEED
HARMONY PUBUC SCHOOLS
TRACT 2, CALLED 4.872 ACRES
DOC. N0. D222112945
PROPOSED 10' SIDEWALK
PROPOSED CONCRETE
TURN LANE AND DRIVEWAY
P-1 RAMPS
CURB AND
GUTTER
TO BE
REMOVED
Ippllllllllll411111111111��;;.;r'
PROPOSED / pIII41
5' SIDEWALK ' I11111111111111111111114�
CURB AND GUTTER
'-/L1 TO BE REMOVED
P-1 RAMPS '
PROPOSED CONCRETE DRIVEWAY
GRAPHIC SCALE - 1"=100'
P-1 RAMPS
LOT 1A
BLOCK 1
LOTS 1A & IB, BLOCK 1
WHITE SETTLEMENT COMMERCIAL
ADDTIION
CAB. A. PG. 827
(DOC. NO. D191164187)
SPECIAL WARRANTY DEED
HARMONY PUBUC
SCHOOLS
CALLED 0.2225 ACRE
DOC. N0. D222165164
CONCRETE
TRENCH
REPAIR
PROPOSED
5' SIDEWALK
CORRECTION INSTRUMENT
BREAKTIME DEVELOPMENT LLC
CALLED 0.489 ACRES
DOC. N0. D222174109
LEGEND:
PROPOSED SIDEWALK
PROPOSED DRIVEWAY
PROPOSED CURB AND GUTTER
REMOVAL
CONCRETE TRENCH REPAIR
N
■■'
���
�F
2601
FORT
TEL.
haLfF
MEACHAM
(817)
BLVD,
WORTH, TEXAS
847-1422
SUITE 600
76137
HARMONY SCHOOL - WHITE SETTLEMENT
FORT WORTH, TEXAS
OWNED/DEVELOPED BY:
HARMONY PUBLIC SCHOOLS
CONTACT: NIHAT PUBLIC
9321 W SAM HOUSTON PARKWAY
HOUSTON, TX 77099
TEL: 713-343-3333 EXT: 2601
EMAIL: NBAYHANCADHARMONYTX.ORG
DATE: 09/22/2023
CPN: 104929
AVO: 52191
1R
0
EXHIBIT B1 - STORM IMPROVEMENTS
LOTS 15-25, BLOC 50; LOTS 8-18, BLO 5E;
LOTS 1-18, BLOCK 5F; LOTS 1-37, BLOCK -G;
LE SQUARE
CAB A, PG. 8297
(DOC. O. D200268805)
PROPOSED
HARMONY
ELEMENTARY
SCHOOL
SPECIAL WARRANTY DEED
HARMONY PUBUC SCHOOLS
TRACE 2. CALLED 4.972 ACRES
DOC. MO. 02221121148
0.P.R.T.C.T.
EX. 25' CURB INLET
CONVERTED TO
JUNCTION BOX
100'
20' CURB INLET
(RELOCATED)
200'
GRAPHIC SCALE - 1"=100'
36" STORM DRAIN LINE
PROPOSED 30" PRIVATE
STORM DRAIN
25' CURB INLET
(RELOCATED)
24" STORM DRAIN LATERAL
(RELOCATED)
MEM
ME•
haLif
2601 MEACHAM BLVD, SUITE 600
FORT WORTH, TEXAS 76137
TEL.(817) 847-1422
25' CURB INLET
(RELOCATED)
SPECIAL WARRANTY DEED
HARMONY PUBUC
SCHOOLS
CALLED 0.2225 ACRE
00C. N0. D222185164
36" STORM
DRAIN LATERAL
(RELOCATED)
CORRECTOR INSTRUMENT
BREWOIME DEVELOPMENT LLC
CALLED 0.489 ACRES
DOC. N0. D222174109
0.P.R.T.C.T.
P� (25' CURB INLET
!.. (RELOCATED)
24" PLUG EX. LATERAL
24" STORM DRAIN LATERAL
(RELOCATED)
LOTS 1A k 19. BLOCK 1
WHITE SETTLEMENT COMMERCIAL
ADORION
CAB. A, PG. 827
(DOC. N0. D1911841E17)
P.R.T.C.T.
LEGEND:
PROPOSED STORM DRAIN
O PROPOSED CURB INLET
HARMONY SCHOOL - WHITE SETTLEMENT
FORT WORTH, TEXAS
DATE: 09/22/2023
CPN: 104929
AVO: 52191
OWNED/DEVELOPED BY:
HARMONY PUBLIC SCHOOLS
CONTACT: NIHAT BAYHAN
9321 W SAM HOUSTON PARKWAY
HOUSTON, TX 77099
TEL• 713-343-3333 EXT: 2601
EMAIL: NBAYHANOHARMONYTX.ORG
EXHIBIT C - STREET LIGHTING AND SIGN IMPROVEMENTS
0
ai
LOTS 15-25 BLOCK 5D;
LOTS 6-18, BLOCK 5E;
LOTS 1-18, BLOCK 5F;
LOTS 1-37, BLOCK 5G;
LEGACY SQUARE
CAB. A, PG. 6297
(DOC. NO. D200268605)
P.R.T.C.T.
PROPOSED
HARMONY
ELEMENTARY
SCHOOL
`PECIAL WARRAN
H ONY PUBLIC SCHOOLS
T• C CALLED 4.872 ACRES
DOC NO. D2221122945
0. P.. LT. C.
200'
INSTALL S1-1 & S4-3P
PER DETAIL D672
INSTALL PEDESTRIAN
LIGHT AND FOUNDATION
PER STANDARD DETAILS
(TYP)
SPECIAL WARRANTY DEED
HARMONY PUBLIC SCHOOLS
CALLED 0.2225 ACRE
DOC. NO. D222165164
0.P.R.T.C.T.
LOT 1A
BLOCK 1
LOTS 1A & 1B, BLOCK 1
WHITE SETTLEMENT COMMERCIAL ADDITION
CAB. A, PG. 827
(DOC. NO. D191164187)
P.R.T.C.T.
INSTALL R2-1 & S5-2
INSTALL S1-1 & S4-3P
PER DETAIL D672
400'
GRAPHIC SCALE - 1"=200'
INSTALL R2-1 & S5-2
INSTALL 120-240 VOLT SINGLE
PHASE METER PEDESTAL -- ONCOR
TO PROVIDE POWER TO THIS POINT
INSTALL GROUND BOX PER
STANDARD DETAILS (TYP)
CORRECTION INSTRUM NTil
BREAKTIME DEVELOPMEN LLC i� Fi
CALLED 0.489 ACRES
DOC. NO. D222174109
0.P.R.T.C.T.
F
i.
LEGEND:
PROPOSED POLE
MOUNTED SIGN
PROPOSED PEDESTRIAN
LIGHT
PROPOSED GROUND BOX
PROPOSED CONDUIT
240-480V METERED
PEDETSAL
N
■■'
���
�F•9321
2601
FORT
TEL.
haLfF
MEACHAM
(817)
BLVD,
WORTH, TEXAS
847-1422
SUITE 600
76137
HARMONY SCHOOL - WHITE SETTLEMENT
FORT WORTH, TEXAS
OWNED/DEVELOPED BY:
HARMONY PUBLIC SCHOOLS
CONTACT: NIHAT PUBLIC
W SAM HOUSTON PARKWAY
HOUSTON, TX 77099
TEL: 713-343-3333 EXT: 2601
EMAIL: NBAYHAN@HARMONYTX.ORG
DATE: 01/25/2024
CPN: 104929
AVO: 52191
0
EXHIBIT C1 - TRAFFIC SIGNAL
PROPOSED
SIGNAL
CABINET
PROPOSED
SIGNAL POLE
PROPOSED
SIGNAL POLE
40'
80'
GRAPHIC SCALE - 1" =40'
PROPOSED
SIGNAL POLE
PROPOSED
SIGNAL HEAD
PROPOSED
SIGNAL POLE
{
1•U
haLif
2601 MEACHAM BLVD, SUITE 600
FORT WORTH, TEXAS 76137
TEL. (817) 847-1422
HARMONY SCHOOL - WHITE SETTLEMENT
FORT WORTH, TEXAS
DATE: 09/22/2023
CPN: 104929
AVO: 52191
OWNED/DEVELOPED BY:
HARMONY PUBLIC SCHOOLS
CONTACT: NIHAT BAYHAN
9321 W SAM HOUSTON PARKWAY
HOUSTON, TX 77099
TEL: 713-343-3333 EXT: 2601
EMAIL: NBAYHAN@1-IARMONYTX.ORG
00 42 43
DAP - BID PROPOSAL
Page 1 of4
SECTION 00 42 43
Developer Awarded Projects - PROPOSAL FORM
UNIT PRICE BID
Bidder's Application
Project Item Information
Bidder's Proposal
Bidlist
Item No.
Description
Specification
Section No.
Unit of
Measure
Bid
Quantity
Unit Price
Bid Value
UNIT I: WATER IMPROVEMENTS
1
3201.0656 Conc Pvmt Repair, HES, Arterial/Industrial
32 01 29
SY
32
$72.00
$2,304.00
2
3305.0109 Trench Safety
33 05 10
LF
90
$20.00
$1,800.00
3
3305.0110 Utility Markers
33 05 26
LS
1
$1,000.00
$1,000.00
4
3305.1103 20" Casing By Other Than Open Cut
33 05 22
LF
97
$150.00
$14,550.00
5
3311.0001 Ductile Iron Water Fittings w/ Restraint
33 11 11
TON
0.51
$5,000.00
$2,550.00
6
3311.0161 6" PVC Water Pipe
33 11 12
LF
12
$60.00
$720.00
9
3311.0251 8" DIP Water
33 11 10
LF
157
$80.00
$12,560.00
10
3312.0001 Fire Hydrant
33 12 40
EA
1
$7,500.00
$7,500.00
11
3312.0106 Connection to Existing 16" Water Main
33 12 25
EA
2
$2,500.00
$5,000.00
12
3312.2203 2" Water Service
33 12 10
EA
2
$35.00
$70.00
13
3312.3002 6" Gate Valve
33 12 20
EA
1
$5,500.00
$5,500.00
14
3312.3003 8" Gate Valve
33 12 20
EA
3
$8,500.00
$25,500.00
15
3312.3106 16" Cut -in Gate Valve w/ Vault
33 12 20
EA
2
$15,000.00
$30,000.00
TOTAL UNIT I: WATER IMPROVEMENTS
$109,054.00
UNIT II: SANITARY SEWER IMPROVEMENTS
Project Item Information
Bidders Proposal
Bidlist
Item No.
Description
Specification
Section No.
Unit of
Measure
Bid
Quantity
Unit Price
Bid Value
1
3301.0002 Post -CCTV Inspection
33 01 31
LF
9
$45.00
$405.00
2
3301.0101 Manhole Vacuum Testing
33 01 30
EA
1
$3,500.00
$3,500.00
3
3305.0107 Manhole Adjustment, Minor
33 05 14
EA
2
$2,500.00
$5,000.00
4
3305.0109 Trench Safety
33 05 10
LF
9
$20.00
$180.00
5
3305.0110 Utility Markers
33 05 26
LS
1
$1,000.00
$1,000.00
6
3305.0112 Concrete Collar
33 05 17
EA
1
$1,200.00
$1,200.00
7
3331.4115 8" Sewer Pipe
33 11 10, 33
31 12, 33 31
20
LF
9
$100.00
$900.00
8
3339.1001 4' Manhole
33 39 10, 33
39 20
EA
1
$5,500.00
$5,500.00
TOTAL UNIT II: SANITARY SEWER IMPROVEMENTS
$17,685.00
UNIT III: DRAINAGE IMPROVEMENTS
Project Item Information
Bidders Proposal
Bidlist
Item No.
Description
Specification
Section No.
Unit of
Measure
Bid
Quantity
Unit Price
Bid Value
1
0241.3015 Remove 24" Storm Line
02 41 14
LF
3
$250.00
$750.00
2
0241.3017 Remove 30" Storm Line
02 41 14
LF
18
$300.00
$5,400.00
3
0241.3104 24" Storm Abandonment Plug
02 41 14
EA
1
$1,500.00
$1,500.00
4
0241.4003 Remove 20' Curb Inlet
02 41 14
EA
1
$2,000.00
$2,000.00
5
3201.0656 Conc Pvmt Repair, HES, Arterial/Industrial
32 01 29
SY
22
$72.00
$1,584.00
6
3305.0109 Trench Safety
33 05 10
LF
163
$20.00
$3,260.00
7
3341.0205 24" RCP, Class III
33 41 10
LF
12
$125.00
$1,500.00
8
3341.0302 30" RCP, Class III
33 41 10
LF
117
$160.00
$18,720.00
9
3341.0309 36" RCP, Class III
33 41 10
LF
34
$225.00
$7,650.00
10
3349.6001 10' Recessed Inlet
33 49 20
EA
3
$10,000.00
$30,000.00
11
3349.6002 15' Recessed Inlet
33 49 20
EA
3
$15,000.00
$45,000.00
12
3349.6003 20' Recessed Inlet
33 49 20
EA
1
$20,000.00
$20,000.00
13
9999.0001 Remove 25' Curb Inlet
02 41 14
EA
2
$5,000.00
$10,000.00
14
9999.0002 Remove and Replace Inlet Top, 25'
33 49 20
EA
1
$8,600.00
$8,600.00
TOTAL UNIT III: DRAINAGE IMPROVEMENTS
$155,964.00
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 4
SECTION 00 42 43
Developer Awarded Projects - PROPOSAL FORM
UNIT PRICE BID
Bidder's Application
Project Item Information
Bidder's Proposal
Bidlist
Item No.
Description
Specification
Section No.
Unit of
Measure
Bid
Quantity
Unit Price
Bid Value
UNIT IV: PAVING IMPROVEMENTS
Project Item Information
Bidders Proposal
Bidlist
Item No.
Description
Specification
Section No.
Unit of
Measure
Bid
Quantity
Unit Price
Bid Value
1
0170.0100 Mobilization
01 70 00
LS
1
$5,000.00
$5,000.00
2
0171.0101 Construction Staking
01 71 23
LS
1
$10,000.00
$10,000.00
3
0241.1300 Remove Conc Curb & Gutter
02 41 15
LF
505
$7.50
$3,787.50
4
3110.0101 Site Clearing
31 10 00
LS
1
$10,000.00
$10,000.00
5
3125.0101 SWPPP 2 1 acre
31 25 00
LS
1
$5,000.00
$5,000.00
6
3211.0502 8" Lime Treatment
32 11 29
SY
1075
$4.50
$4,837.50
7
3213.0103 8" Conc Pvmt
32 13 13
SY
1007
$9.50
$9,566.50
8
3213.0301 4" Conc Sidewalk
32 13 20
SF
5073
$5.00
$25,365.00
9
3213.0311 4" Conc Sidewalk, Adjacent to Curb
32 13 20
SF
3077
$5.00
$15,385.00
10
3213.0504 Barrier Free Ramp, Type M-2
32 13 20
EA
1
$1,200.00
$1,200.00
11
3213.0506 Barrier Free Ramp, Type P-1
32 13 20
EA
2
$1,200.00
$2,400.00
12
3213.0509 Barrier Free Ramp, Type C-2
32 13 20
EA
1
$1,200.00
$1,200.00
13
3213.0700 Joint Sealant
32 13 73
LF
661
$1.25
$826.25
14
3216.0101 6" Conc Curb and Gutter
32 16 13
LF
15
$25.00
$375.00
15
3217.0201 8" SLD Pvmt Marking HAS (W)
32 17 23
LF
120
$10.50
$1,260.00
16
3217.0502 Preformed Thermoplastic Contrast Markings - 24" Crosswalk
32 17 23
LF
154
$20.00
$3,080.00
17
3217.0504 Preformed Thermoplastic Contrast Markings - 24" Stop Bars
32 17 23
LF
119
$20.00
$2,380.00
18
3217.1002 Lane Legend Arrow
32 17 23
EA
3
$250.00
$750.00
19
3217.1004 Lane Legend Only
32 17 23
EA
3
$250.00
$750.00
20
3217.2104 REFL Raised Marker TY II-C-R
32 17 23
EA
6
$20.00
$120.00
21
3291.0100 Topsoil
32 91 19
CY
188
$40.00
$7,520.00
22
3292.0100 Block Sod Placement
32 92 13
SY
1697
$15.75
$26,727.75
23
3441.4003 Furnish/Install Alum Sign Ground Mount City Std.
34 41 30
EA
8
$1,000.00
$8,000.00
24
3471.0020 Single Lane or Shoulder Closure, Weekday, per Mile
34 71 13
DA
20
$1,500.00
$30,000.00
25
9999.0001 Remove and Relocate Power Pole
EA
6
$10,000.00
$60,000.00
TOTAL UNIT IV: PAVING IMPROVEMENTS
$235,530.50
UNIT V: STREET LIGHTING IMPROVEMENTS
Project Item Information
Bidder's Proposal
Bidlist
Item No.
Description
Specification
Section No.
Unit of
Measure
Bid
Quantity
Unit Price
Bid Value
1
2605.3015 2" CONDT PVC SCH 80 (T)
26 05 33
LF
897
$20.00
$17,940.00
$6,000.00
2
3441.1501 Furnish/Install Ground Box Type B
34 41 10
EA
4
$1,500.00
3
3441.1772 Furnish/Install 240-480 Volt Single Phase Metered Pedestal
34 41 20
EA
1
$10,000.00
$10,000.00
4
3441.3037 Furnish/Install 10' - 14' Washington Standard Light Pole & Fixture LED
34 41 20
EA
19
$3,500.00
$66,500.00
5
3441.3303 Rdwy Illum Foundation TY 7
34 41 20
EA
19
$4,500.00
$85,500.00
TOTAL UNIT V: STREET LIGHTING IMPROVEMENTS
$185,940.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS
Form Version May 22, 2019
00 42 43
DAP - BID PROPOSAL
Page 3 of 4
SECTION 00 42 43
Developer Awarded Projects - PROPOSAL FORM
UNIT PRICE BID
Bidder's Application
Project Item Information
Bidder's Proposal
Bidhst
Item No.
Description
Specification
Section No.
Unit of
Measure
Bid
Quantity
Unit Price
Bid Value
UNIT VI: TRAFFIC SIGNAL IMPROVEMENTS
Project Item Information
Bidder's Proposal
Bidlist
Description
Specification
Unit of
Bid
Unit Price
Bid Value
Item No.
Section No.
Measure
Quantity
1
2605.0111 Furnish/Install Elec Sery Pedestal
26 05 00
EA
1
$5,000.00
$5,000.00
2
2605.3015 2" CONDT PVC SCH 80 (T)
26 05 33
LF
80
$20.00
$1,600.00
3
2605.3016 2" CONDT PVC SCH 80 (B)
26 05 33
LF
465
$20.00
$9,300.00
4
2605.3025 3" CONDT PVC SCH 80 (T)
26 05 33
LF
135
$30.00
$4,050.00
5
2605.3034 4" CONDT PVC SCH 80 (B)
26 05 33
LF
465
$35.00
$16,275.00
6
3441.1001 Furnish/Install 3-Section Signal Head Assy
34 41 10
EA
9
$4,500.00
$40,500.00
7
3441.1002 Furnish/Install 4-Section Signal Head Assy
34 41 10
EA
6
$6,000.00
$36,000.00
8
3441.1012 Furnish/Install Ped Signal Head Assy
34 41 10
EA
6
$3,000.00
$18,000.00
9
3441.1031 Furnish/Install Audible Pedestrian Pushbutton Station
34 41 10
EA
6
$3,500.00
$21,000.00
10
3441.1220 Furnish/Install Model 711 Preemption Detector
34 41 10
EA
4
$1,000.00
$4,000.00
11
3441.1224 Furnish/Install Preemption Cable
34 41 10
LF
849
$10.00
$8,490.00
12
3441.1206 Furnish/Install VIVIDS Detection Device
34 41 10
APR
2
$2,000.00
$4,000.00
13
3441.1209 Furnish/Install BBU System EXT Mounted
34 41 10
EA
1
$20,000.00
$20,000.00
14
3441.1216 Furnish/Install Hybrid Detection System
34 41 10
APR
2
$15,000.00
$30,000.00
15
3441.1250 Furnish/Install PTZ Camera
34 41 10
EA
1
$10,000.00
$10,000.00
16
3441.1255 Furnish/Install Communication Modem
34 41 10
EA
1
$2,500.00
$2,500.00
17
3441.1260 Furnish/Install CATS Ethernet Cable
34 41 10
LF
1150
$8.00
$9,200.00
18
3441.1311 5/C 14 AWG Multi -Conductor Cable
34 41 10
LF
390
$10.00
$3,900.00
19
3441.1312 7/C 14 AWG Multi -Conductor Cable
34 41 10
LF
685
$14.00
$9,590.00
20
3441.1312 20/C 14 AWG Multi -Conductor Cable
34 41 10
LF
625
$25.00
$15,625.00
21
3441.1322 3/C 14 AWG Multi -Conductor Cable
34 41 10
LF
870
$8.00
$6,960.00
22
3441.1503 Furnish/Install Ground Box Type D w/Apron
34 41 10
EA
4
$1,000.00
$4,000.00
23
3441.1506 Furnish/Install Ground Box Type D
34 41 10
EA
1
$800.00
$800.00
24
3441.1603 Furnish/Install 10' - 20' Ped Pole Assembly
34 41 10
EA
2
$3,500.00
$7,000.00
25
3441.1615 Furnish/Install Type 45 Signal Pole
34 41 10
EA
4
$25,000.00
$100,000.00
26
3441.1625 Furnish/Install Mast Arm 52' - 60'
34 41 10
EA
4
$30,000.00
$120,000.00
27
3441.1704 TY 4 Signal Foundation
34 41 10
EA
2
$10,000.00
$20,000.00
28
3441.1705 TY 5 Signal Foundation
34 41 10
EA
2
$15,000.00
$30,000.00
29
3441.1710 Push Button Pole Spread Footing Foundation
34 41 10
EA
2
$1,500.00
$3,000.00
30
3441.1715 Signal Cabinet Foundation - 352i and BBU
34 41 10
EA
1
$2,000.00
$2,000.00
31
3441.1715 Furnish/Install 352i Controller Cabinet Assembly
34 41 10
EA
1
$30,000.00
$30,000.00
32
3441.1725 Furnish/Install ATC Signal Controller
34 41 10
EA
1
$7,500.00
$7,500.00
33
3441.2001 Dispose/Salvage Traffic Signal
34 41 13
EA
1
$5,000.00
$5,000.00
34
3441.3051 Furnish/Install LED Lighting Fixture (137 watt ATB2 Cobra Head)
34 41 20
EA
4
$1,500.00
$6,000.00
35
3441.4001 Furnish/Install Alum Sign Mast Arm Mount
34 41 30
EA
16
$750.00
$12,000.00
TOTAL UNIT VI: TRAFFIC SIGNAL IMPROVEMENTS
$623,290.00
Bid Summary
UNIT I: WATER IMPROVEMENTS
UNIT II: SANITARY SEWER IMPROVEMENTS
UNIT III: DRAINAGE IMPROVEMENTS
UNIT IV: PAVING IMPROVEMENTS
UNIT V: STREET LIGHTING IMPROVEMENTS
UNIT VI: TRAFFIC SIGNAL IMPROVEMENTS
$109,054.00
$17,685.00
$155,964.00
$235,530.50
$185,940.00
$623,290.00
This Bid is submitted by the entity named below:
BIDDER:
Lee Lewis Construction
17177 Preston Rd, Ste 160
Dallas, TX 75248
Total Construction Bid
BY: Devin Sherman
$1,327,463.50
gge,°,7,==
TITLE: VP of Preconstrcution
DATE: 12/15/2023
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS
Form Version May 22, 2019
00 42 43
DAP - BID PROPOSAL
Page 4 of 4
SECTION 00 42 43
Developer Awarded Projects - PROPOSAL FORM
UNIT PRICE BID
Bidder's Application
Project Item Information
Bidder's Proposal
Bidlist
Item No.
Description
Specification
Section No.
Unit of
Measure
Bid
Quantity
Unit Price
Bid Value
Contractor agrees to complete WORK for FINAL ACCEPTANCE within
CONTRACT commences to run as provided in the General Conditions.
150 working days after the date when the
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS
Form Version May 22, 2019
ESCROW AGREEMENT
THIS ESCROW AGREEMENT (the "Agreement"), is made and entered into by and
between Harmony Public Schools, a Texas nonprofit corporation ("Developer"), the City of Fort
Worth, a Texas home -rule municipal corporation ("Fort Worth") and Regions Bank, an Alabama
state banking corporation ("Escrow Agent") is to witness the following:
WHEREAS, Developer and Fort Worth have entered into a Community Facilities
Agreement for Harmony Elementary School White Settlement, CFA Number 23-0129, City
Project Number 104929, IPRC Number 23-0082 (the "CFA"); and
WHEREAS, the CFA provides that Developer shall submit to Fort Worth performance
bonds, cash deposits or other financial security acceptable to Fort Worth (collectively, the
"Financial Security") for the purpose of guaranteeing satisfactory compliance by Developer with
all requirements, terms, and conditions of the CFA (the "CFA Obligations"); and
WHEREAS, Developer and Fort Worth desire and agree that Developer be allowed to
escrow and pledge cash deposits to Fort Worth, to be held by Escrow Agent, as an escrow agent,
in complete satisfaction of the obligation to submit the Financial Security to secure the
performance of the CFA Obligations.
NOW THEREFORE, for and in consideration of these recitals, ten dollars ($10.00) and
other good and valuable consideration, the receipt, sufficiency and adequacy of which are hereby
acknowledged, the parties hereto hereby agree as follows:
SECTION 1. DEFINED TERMS.
For the purposes of this Agreement, unless the context otherwise clearly requires, the
following terms shall have the following meanings:
"Security Funds" shall mean the cash deposit of ($1,659,329.38), which sum represents
one hundred twenty-five percent (125%) of the estimated Developer's cost of constructing
the CFA Obligations (the "Estimated Developer's Cost").
"Lien" shall mean any lien, security interest, charge, tax lien, pledge or encumbrance
designed to secure the repayment of indebtedness or the satisfaction of any other obligation
to a third party not a party of this Agreement.
SECTION 2. SECURITY FUNDS.
As financial security for the full and punctual performance of the CFA Obligations,
Developer hereby pledges, assigns, and transfers to Fort Worth, and hereby grants to Fort Worth
a security interest in the Security Funds and all rights and privileges pertaining thereto with the
exception of the interest income to be derived therefrom (which interest income shall remain the
property of Developer and shall be distributed by Escrow Agent in accordance with Developer's
City of Fort Worth, Texas
Escrow Pledge Agreement
CFA Official Release Date: 05.26.2022 jle
Page 1 of 9
Revised 11.16.2022 DH
periodic written instructions) subject, however, to the terms, covenants, and conditions hereinafter
set forth. The security interest granted and the assignments made hereunder are made as security
only and shall not subject the City of Fort Worth or Escrow Agent to, or transfer or in any way
affect or modify, any obligation of Developer with respect to the CFA Obligations or any
transaction involving or giving rise therefrom.
SECTION 3. PHYSICAL POSSESSION OF SECURITY FUNDS.
Concurrently with the execution of this Agreement, Developer shall have delivered to and
deposited with Escrow Agent the Security Funds. The parties acknowledge and agree that Escrow
Agent shall be required to segregate the Security Funds from other funds held by Escrow Agent
for Developer in accordance with the normal practices of Escrow Agent acting as an escrow agent.
Escrow Agent shall return all funds on deposit representing or evidencing the Security Funds
remaining in its possession to Developer (or take such other action as Developer may request in
writing) promptly after receipt of written notice from Fort Worth that the CFA Obligations have
been fully performed. During such time as Escrow Agent has possession of the Security Funds,
Escrow Agent shall furnish to the City of Fort Worth (when requested by Fort Worth in writing)
written acknowledgments signed by an officer of Escrow Agent setting forth the amount of the
Security Funds being held by the Escrow Agent. Fort Worth's rights in the Security Funds shall
be superior to those of Escrow Agent's notwithstanding any terms or understandings (written or
otherwise) between Developer and Escrow Agent except as provided in Section 16.
SECTION 4. COVENANTS.
(a) Affirmative Covenants. So long as any of the CFA Obligations remain unperformed,
Developer covenants and agrees that Developer will:
(i)
from time to time execute and deliver to Fort Worth all such assignments,
certificates, supplemental writings, and other items and do all other acts or
things as Fort Worth may reasonably request in order to evidence and perfect
the security interest of Fort Worth in the Security Funds;
(ii) furnish Fort Worth with information which Fort Worth may reasonably request
concerning the Security Funds;
(iii) notify Fort Worth of any claim, action, or proceeding affecting title to the
Security Funds or Fort Worth's security interest(s) therein; and
(iv) adjust the Security Funds to an amount equal to the actual contract price,
including revisions thereto, if the original Security Funds were based on an
engineer's estimate of costs.
(b) Negative Covenants. So long as any of the CFA Obligations remain unperformed,
Developer covenants and agrees that Developer will not:
City of Fort Worth, Texas
Escrow Pledge Agreement
CFA Official Release Date: 05.26.2022 jle
Page 2 of 9
Revised 11.16.2022 DH
(i) assign or transfer any rights of Developer in the Security Funds; or
(ii) create any Lien in the Security Funds, or any part thereof, or permit the same to
be or become subject to any Lien except the security interest herein created in
favor of Fort Worth.
SECTION 5. EVENTS OF DEFAULT.
Developer shall be in default under this Agreement only upon the happening of any of the
following events (a "Default"):
(a) default in the timely payment for or performance of the CFA Obligations after written
notice thereof has been given to Developer and Escrow Agent and such default is not
cured within seven (7) days after such notice;
(b) any affirmative or negative covenant is breached by Developer.
SECTION 6. RIGHTS AND REMEDIES OF FORT WORTH UPON AND AFTER
DEFAULT.
(a) Remedy. Upon the occurrence of a Default, Fort Worth shall have the right to direct
Escrow Agent, by written notice, to transfer to Fort Worth all of the Security Funds.
Escrow Agent is hereby authorized to transfer the Security Funds promptly upon the
receipt of a written statement purporting to be executed by an authorized representative
of Fort Worth, upon which Escrow Agent shall conclusively rely without duty of
investigation, stating that:
(i) a Default by Developer has occurred related to the CFA Obligations;
(ii) written notice of such Default has been given by Fort Worth to Developer and
Escrow Agent and such Default was not cured within seven (7) days after
delivery of such notice; and
(iii) Fort Worth is entitled to have the Security Funds transferred in accordance with
the Agreement.
(b) Notices. Any notice required or permitted to be given to any party hereto shall be given
in writing, shall be personally delivered or mailed by prepaid certified or registered
mail or overnight courier to such party at the address set forth below, and shall be
effective when actually received.
To Developer:
Harmony Public Schools
Attention: Dr. Nihat Bayhan
9321 W. Sam Houston Pkwy. S.
Houston, TX 77099
City of Fort Worth, Texas
Escrow Pledge Agreement
CFA Official Release Date: 05.26.2022 jle
Page 3 of 9
Revised 11.16.2022 DH
nbayhan@harmonytx.org
To: Escrow Agent:
Regions Bank
Corporate Trust Department
1900 5th Avenue North
Birmingham, AL 35203
Attn: Amanda Wesley
Telephone: 205-264-539
E-mail: Amanda.wesley@regions.com
To: City of Fort Worth
City of Fort Worth
Attn: City Treasurer
200 Texas Street
Fort Worth, TX 76102
With a copy to:
City of Fort Worth
Attn: Contract Management Office
200 Texas Street
Fort Worth, TX 76102
No notice hereunder shall be effective if sent or delivered by electronic means. A party's
address may be changed by written notice to all other parties hereto; provided, however, that no
notice of a change of address shall be effective until actual receipt of such notice. Notices given
by counsel to a party shall be deemed given by such party.
SECTION 7. EXCLUSIVE RIGHTS AND REMEDIES.
If the Developer fails to perform its obligations under the CFA, Fort Worth's sole and
exclusive remedy shall be to complete the obligations of Developer at Developer's expense. In
furtherance of such sole and exclusive remedy, Fort Worth is entitled to exercise its rights as set
forth in Section 6 hereof.
SECTION 8. SUBSTITUTION OF COLLATERAL.
Notwithstanding any contrary provision in this Agreement, Developer shall have the right,
at any time and from time to time, to obtain releases of all or any part of the Security Funds
(hereinafter called the "Released Collateral") upon satisfaction of the following conditions:
City of Fort Worth, Texas
Escrow Pledge Agreement
CFA Official Release Date: 05.26.2022 jle
Page 4 of 9
Revised 11.16.2022 DH
(a) Developer shall provide Fort Worth and Escrow Agent written notice (the "Substitution
Notice") that the Developer desires to obtain Released Collateral in exchange for a
contemporaneous substitution of an alternate Financial Security acceptable to Fort
Worth (as specified and described in the Substitution Notice); and
(b) Developer shall pledge to, or obtain for the benefit of Fort Worth, and deliver to Fort
Worth the alternate Financial Security acceptable to Fort Worth (the "Substituted
Collateral") which Substituted Collateral shall in the aggregate be at least equal to the
Estimated Developer's Cost; and
(c) Said Substituted Collateral shall be of sufficient amount(s) to cover all work which has
occurred prior to the substitution of collateral provided for in this Section.
Upon satisfaction of the above -specified conditions, Escrow Agent shall be authorized,
upon receipt of written certification from Developer and Fort Worth that the events in Section 8(a),
(b), and (c) have occurred to such certifying party's satisfaction, to return to Developer the original
Security Funds in Escrow Agent's possession that represent or evidence the Released Collateral
or take such other action with respect to the Released Collateral as Developer may request or direct
by written notice to Escrow Agent. Developer shall pay the expenses incurred by Escrow Agent
in connection with obtaining each such release and substitution.
SECTION 9 REDUCTIONS IN SECURITY FUNDS.
(a) Notwithstanding any contrary provision in this Agreement, Developer shall have
the right to reductions in the Security Funds (hereinafter called a "Reduction in the
Security Funds"), in accordance with this Section 9.
(b) Every thirty (30) days, Developer may request a reduction in the Security Funds
in accordance with Section 9-310.1 of the CFA Ordinance.
(c) Developer shall provide Fort Worth and Escrow Agent with written notice (the
"Withdrawal Notice") that Developer desires to obtain a Reduction in the Security Funds
in any amount less than or equal to the then -completed CFA Obligations as inspected or
accepted by Fort Worth.
(d) A Reduction in the Security Funds may only be made after:
i. Fort Worth's inspectors have verified the amount of the Community
Facilities that have been constructed in accordance with the engineering plans;
and
ii. Fort Worth has received an affidavit and release of lien executed by the
contractor indicating that the contractor has been paid by Developer and the
contractor has paid all subcontractors and material suppliers for the Community
Facilities that have been constructed pursuant to the CFA.
City of Fort Worth, Texas
Escrow Pledge Agreement
CFA Official Release Date: 05.26.2022 jle
Page 5 of 9
Revised 11.16.2022 DH
(e) After Fort Worth has confirmed the amount of the Community Facilities that have
been constructed in accordance with the engineering plans and Fort Worth has received
an affidavit and release of lien from the contractor for the Community Facilities that have
been constructed, then the Security Funds may be reduced to an amount that is no less
than one hundred twenty-five percent (125%) of the value of the Community Facilities
that are remaining to be constructed, upon Escrow Agent's receipt of written direction
from Fort Worth specifying the amount of the Reduction in Security Funds.
SECTION 10. NON -ASSIGNABILITY OF FORT WORTH'S RIGHTS.
The rights, powers, and interests held by Fort Worth hereunder in and to the Security Funds
may not be transferred or assigned by Fort Worth in whole or in part. Any attempted transfer or
assignment shall be absolutely void and shall entitle Developer to a release of all Security Funds.
SECTION 11. NO WAIVER.
No waiver by Fort Worth of any Default shall be deemed to be a waiver of any other
subsequent Default. No delay or omission by Fort Worth in exercising any right or power
hereunder shall impair any such right or power or be construed as a waiver thereof, nor shall any
single or partial exercise of any such right or power preclude other or further exercise thereof.
SECTION 12. BINDING EFFECT.
This Agreement shall be binding on the parties, their successors and assigns. No provision
of this Agreement may be amended, waived, or modified except pursuant to a written instrument
executed by Fort Worth, Escrow Agent and Developer.
SECTION 13. CHOICE OF LAW; VENUE
This Agreement is to be construed and interpreted in accordance with the laws of the State
of Texas. 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.
SECTION 14. COUNTERPARTS.
This Agreement may be executed in any number of multiple counterparts and by different
parties on separate counterparts, all of which when taken together shall constitute one and the same
agreement.
SECTION 15. OBLIGATIONS OF ESCROW AGENT.
Escrow Agent shall not be controlled, limited or bound by any provisions contained in any
other agreement, contract, or document between, or among the parties hereto or between them
individually or collectively and any other person, unless Escrow Agent is a party to such
agreement. Escrow Agent's duties and responsibilities shall be limited to those expressly set forth
herein, to hold and deliver the Security Funds under the conditions as herein set forth. Escrow
City of Fort Worth, Texas
Escrow Pledge Agreement
CFA Official Release Date: 05.26.2022 jle
Page 6 of 9
Revised 11.16.2022 DH
Agent shall not be liable for any act taken or omitted reasonably and in good faith, provided
disbursements are made as provided herein, and may reasonably rely on a written notice, demand,
certificate, document or court order which it reasonably and in good faith believes to be genuine
and to be executed and presented by the proper person. Escrow Agent may resign its duties under
this Agreement by providing 60 days' advance written notice of said resignation to the other parties
to the Agreement.
Escrow Agent shall not be liable to Developer or Fort Worth in connection with the
performance of any duty imposed on the Escrow Agent hereunder, or any action taken by the
Escrow Agent, which performance or action are made or taken in good faith and in conformity
with the provisions of this Agreement, provided that disbursements are made as provided herein,
except for Escrow Agent's gross negligence or willful misconduct.
Developer hereby agrees to release, hold harmless, and indemnify Escrow Agent (and
its directors, officers, employees, agents and representatives) from and against all claims,
damages, expenses, costs, suits and other liability of any kind whatsoever that arise out of or
are directly or indirectly related to the performance by Escrow Agent of its duties hereunder
except for the gross negligence or willful misconduct of Escrow Agent or its directors,
officers, employees, agents or representatives and Developer hereby agrees to release, hold
harmless, and indemnify Fort Worth (and its respective directors, officers, employees, agents
and representatives) from and against all claims, damages, expenses, costs, suits and other
liability of any kind whatsoever that arise out of or are directly or indirectly related to any
actions or inaction by Fort Worth with respect to this Agreement.
SECTION 16. PAYMENT OF ESCROW FEES
Developer will be responsible for the payment of all fees, including but not limited to, all
bank fees and charges associated with establishing the bank account for the Security Funds, to
Escrow Agent associated with this Agreement.
[REMAINDER OF THIS PAGE INTENTIONALLY BLANK]
City of Fort Worth, Texas
Escrow Pledge Agreement
CFA Official Release Date: 05.26.2022 jle
Page 7 of 9
Revised 11.16.2022 DH
ACCORDINGLY, the City of Fort Worth, Developer and Escrow Agent have each caused this
instrument to be executed in each entity's respective name by its duly authorized signatories
effective as of the date executed by the City Manager or his/her designee.
CITY OF FORT WORTH
Dana
Bunylhdo
202417:16
Dana Burghdoff Aprl
CDT)
Dana Burghdoff
Assistant City Manager
Date: Apr 17, 2024
Approved at to Form & Legality:
Richard McCracken (Apr 16, 2024 21:21 CDT)
Richard A. McCracken
Sr. Assistant City Attorney
M&C No. N/A
Date: Apr 16, 2024
ATTEST:
Jannette Goodall
City Secretary
City of Fort Worth, Texas
Escrow Pledge Agreement
CFA Official Release Date: 05.26.2022 jle
Page 8 of 9
DEVELOPER
Harmony Public Schools, a Texas nonprofit
corporation
Name: Dr. Nihat Bayhan
Title: Deputy Superintendent
Date: Apr 15, 2024
ESCROW AGENT
Regions Bank, an Alabama state banking
corporation
Ann vt We
Amanda Wesley (Apr 15, 2024 1:55 CDT)
Name: Amanda Wesley
Title: Escrow Agent
Date: Apr 15, 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.
Rebecca Owen (Apr 15, 202413:49 CDT)
Rebecca Diane Owen
Development Manager
Revised 11.16.2022 DH
ATTACHMENT "1"
Changes to Standard Agreement
If no changes, put "None. "
None
City of Fort Worth, Texas
Escrow Pledge Agreement
CFA Official Release Date: 05.26.2022 jle
Page 9 of 9
Revised 11.16.2022 DH
DMS 306246902v1