HomeMy WebLinkAbout064560 - Construction-Related - Contract - Southwest Pasture, Ltd.Received Date: O1/14/2026
Received Time: 12:59 p.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:
FP-25-053
Council District: 6
CFA Number: 25-0166
Southwest Pasture, Ltd.
4200 S Hulen St. Suite 614 Fort Worth, Texas 76109
817-731-7396 � paxton@casso.com
Paxton E. Motheral, Vice President
Overland Offsite Water lines
Water & Storm Drainage
North of Oakmont Blvd, South of Overton Ridge
Plat Name: ROW Plat for River Ranch Boulevard
Phased or Concurrent None
Provisions:
City Project Number: 106254 � IPRC25-0071
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth, Texas
Standard Community Facilities Agreement
Rev. 9/21
Page 1 of 17
City Contract Number: 64560
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 Southwest Pasture, Ltd.
("Developer"), acting by and through its duly authorized representative. Ciry 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 Overland
Offsite Water lines ("Project"); and
WHEREAS, the City desires to ensure that all developments are adequately served by public
infrastructure and that the public infrastructure is constructed according to City standards; and
WHEREAS, as a condition of approval of the Project, Developer is required to bear a portion of
the costs of municipal infrastructure by constructing the public infrastructure necessary for the Project as
described in this Agreement ("Community Facilities" or "Improvements"); and
WHEREAS, as a condition of approval of the Project, Developer is required to meet the additional
obligations contained in this Agreement, and Developer may be required to make dedications of land, pay
fees or construction costs, or meet other obligations that are not a part of this Agreement; and
WHEREAS, the City is not participating in the cost of the Improvements or Project; and
WHEREAS, the Developer and the City desire to enter into this Agreement in connection with
the collective Improvements for the Project;
NOW, THEREFORE, for and in consideration of the covenants and conditions contained herein,
the City and the Developer do hereby agree as follows:
1.
CFA Ordinance
The Community Facilities Agreements Ordinance ("CFA Ordinance"), as amended, is incorporated
into this Agreement by reference, as if it was fully set out herein. Developer agrees to comply with all
provisions of the CFA Ordinance in the performance of Developer's duties and obligations pursuant to this
Agreement and to cause all contractors hired by Developer to comply with the CFA Ordinance in
connection with the work performed by the contractors. If a conflict exists between the terms and conditions
of this Agreement and the CFA Ordinance, the CFA Ordinance shall control.
City of Fort Worth, Texas Page 2 of 17
Standard Community Facilities Agreement
Rev. 9/21
2.
Incorporation of Engineering Plans
The engineering plans for the Improvements that have been approved by the City (`Bngineering
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 B: Sewer
❑ Exhibit C: Paving
X❑ Exhibit D: Storm Drain
❑ Exhibit E: Street Lights & Signs
❑ Exhibit F: Traffic Signal & Striping
The Location Map and Cost Estimates are also attached hereto and incorporated herein by
reference. To the extent that Exhibits A, B, C, D, E, F, 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
to be completed in a good and workmanlike manner and in accordance with all City standards and
specifications, the Engineering Plans, the Cost Estimates provided for the Improvements, and this
Agreement. Developer acknowledges that City will not accept the Improvements until the City receives
affidavits and lien releases signed by Developer's contractors verifying that the contractors, and all
subcontractors and material suppliers, have been paid in full for constructing the Improvements, and
consent of the surety on payment and performance bonds provided for the Improvements.
5.
Financial Guarantee
Developer has provided the City with a financial guarantee in the form and amounts set forth in
this Agreement which guarantees the construction of the Improvements and payment by Developer of
all contractors, subcontractors, and material suppliers for the Improvements ("Financial Guarantee").
Developer shall keep the Financial Guarantee in full force and effect until released by the City and shall
not reduce the amount of the Financial Guarantee unless authorized by the City in accordance with the
CFA Ordinance.
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Standard Community Facilities Agreement
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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 cause construction of the Improvements to be
complete and shall 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 (`Bxtension 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 far 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.
9.
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Standard Community Facilities Agreement
Rev. 9/21
Award of Construction Contracts
(a) Developer will award all contracts for the construction of the Improvements and cause tbe
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 Ciry 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. The payment,
performance, and maintenance bonds must be provided to the City before construction begins and
must meet the requirements of the City's Standard Conditions and the Texas Insurance Code. All
payment and perfortnance bonds must meet the requirements of Chapter 2253 of the Texas
Government 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.
(g) Developer will not allow Developer's contractors to connect buildings to service lines of sewer and
water mains constructed pursuant to this Agreement, if any, until said sewer, water mains and
service lines have been completed to the satisfaction of the City.
10.
Utilities
Developer shall cause the installation or adjustment of utilities required to: (1) serve the Project;
and (2) to construct the Improvements required herein. City shall not be responsible for payment of any
City of Fort Worth, Texas Page 5 of 17
Standard Community Facilities Agreement
Rev. 9/21
costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with
any of the Improvements to be constructed pursuant to this Agreement.
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, AND WILL REQUIRE ITS CONTRACTORS TO
INDEMNIFY, DEFEND, AND HOLD THE CITY HARMLESS FOR ANY
INADEQUACIES IN THE PRELIMINARYPLANS, SPECIFICATIONS, ENGINEERING
PLANS, AND COST ESTIMATES SUPPLIED BY THE DEVELOPER OR ITS
CONTRACTORS 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, AND WILL FURTHER REQUIRE ITS
CONTRACTORS TO FULLYINDEMNIFY, 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,
INCL UDING DEATH, OR TO ANYPROPERTY, RESULTING FROM OR IN CONNECTION
WITH THE CONSTRUCTION, DESIGN, PERFORMANCE OR COMPLETION OF ANY
WORK TO BE PERFORMED BY SAID DEVELOPER, ITS CONTRACTORS,
SIIBCONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, OR IN CONSEQZIENCE 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 INANY WAY CONNECTED WITH, THE
CONSTRUCTION OF THE IMPROVEMENTS CONTEMPLATED HEREIN, WHETHER
OR NOT SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE OR IN
PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS
OFFICERS, SERVENTS, OR EMPLDYEES.. 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
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Standard Community Facilities Agreement
Rev. 9/21
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 WITHALL PLANSAND SPECIFICATIONS.
(d) INDEMNITY — EMPLOYEE INJURY CLAIMS. IN ADDITION TO THE
INDEMNIFICATION PROVIDED IN SECTIONS 12(a) — 12(c) ABOVE, DEVELOPER
SHALL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND, AND HOLD
HARMLESS THE CITY, ITS OFFICERS AND EMPLOYEES, FROM AND AGAINST ANY
CLAIM, DAMAGE, LOSS, OR EXPENSE (INCLUDING BUT NOT LIMITED TO
REASONABLEATTORNEYS' FEESAND COSTS), ARISING OUT OF, RESULTING FROM
OR ATTRIBUTABLE TO ANY CLAIM OF BODILY INJURY, SICKNESS, DISEASE OR
DEATH OF ANY EMPLOYEE OF ANY CONTRACTOR OR ANYONE DIRECTLY OR
INDIRECTLYEMPLOYED BY THE CONTRACTOR OR ANY OFITS SUBCONTRACTORS,
BROUGHT BY SUCH INJURED EMPLOYEE OR THE EMPLOYEE'S WORKERS
COMPENSATION INSURANCE CARRIER, EVEN TO THE EXTENT SUCH CLAIM,
DAMAGE, LOSS OR EXPENSE IS ALLEGED TO BE CAUSED, IN WHOLE OR IN PART,
BY THE NEGLIGENCE OF THE CITY, ITS OFFICERS, OR EMPLOYEES.
(e) THE CITY AND DEVELOPER HEREBY ACKNOWLEDGE THAT THE STATUTORY
EXCL USION TO THE TEXAS ANTI-INDEMNITYACT SET FORTH IN TEX. INS. CODE �
151105(10)(B) APPLIES TO THIS AGREEMENT, PARTICULARLY INCLUDING BUT
NOT LIMITED TO, THE "LIABILITYAND INDEMNIFICATION" REQUIREMENTS SET
FORTHINSECTIONS 12(A)-12(D) ABOVE.
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 estimatedpayments 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 iifty 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.
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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 obtainproof 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 Services Southwest Pasture, Ltd.
Contract Management Office 4200 S Hulen St. Suite 614
City of Fort Worth Fort Worth, Texas 76109
100 Fort Worth Trail
Fort Worth, Texas 76102
With copies to:
City Attorney's Office
City of Fort Worth
100 Fort Worth Trail
Fort Worth, Texas 76102
and
City Manager's Offlce
City of Fort Worth
100 Fort Worth Trail
Fort Worth, Texas 76102
Or to such other address one party may hereafter designate by notice in writing addressed and
mailed or delivered to the other party hereto.
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Standard Community Facilities Agreement
Rev. 9/21
17.
Right to Audit
Developer agrees that, until the expiration of three (3) years after acceptance by the City of the
Improvements constructed pursuant to this Agreement, that the City shall have access to and the right to
examine any directly pertinent books, documents, papers and records of the Developer involving
transactions relating to this Agreement. Developer agrees that the City shall have access during normal
working hours to all necessary Developer facilities and shall be provided adequate and appropriate
workspace in order to conduct audits in compliance with the provisions of this section. The City shall give
Developer reasonable advance notice of intended audits.
Developer further agrees to include in all contracts with Developer's contractors for the
Improvements a provision to the effect that the contractor agrees that the City shall, until the expiration of
three (3) years after final payment under the contract, have access to and the right to examine any directly
pertinent books, documents, papers and records of such contractor, involving transactions to the contract,
and further, that City shall have access during normal working hours to all of the contractor's facilities, and
shall be provided adequate and appropriate work space in order to conduct audits in compliance with the
provisions of this section. City shall give Developer's contractors reasonable advance notice of intended
audits.
18.
Independent Contractor
It is expressly understood and agreed that Developer and its employees, representative, agents,
servants, officers, contractors, subcontractors, and volunteers shall operate as independent contractors as to
all rights and privileges and work performed under this Agreement, and not as agents, representatives or
employees of the City. Subject to and in accordance with the conditions and provisions of this Agreement,
Developer shall have the exclusive right to control the details of its operations and activities and be solely
responsible for the acts and omissions of its employees, representatives, agents, servants, officers,
contractors, subcontractors, and volunteers. Developer acknowledges that the doctrine of respondeat
superior shall not apply as between the City and its officers, representatives, agents, servants and
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,
seroants, officers, contractors, subcontractors, and volunteers.
The City, through its authorized representatives and employees, sball have the sole and exclusive
right to exercise jurisdiction and control over City employees.
19.
Applicable Law; Venue
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This Agreement shall be construed under and in accordance with Texas law. Venue shall be in
the state courts located in Tarrant Counry, Texas or the United States District Court for the Northern
District of Texas, Fort Worth Division.
20.
Non-Waiver
The failure of the City to insist upon the performance of any term or provision of this Agreement
or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent
of City's right to assert or rely on any such term or right on any future occasion.
21.
Governmental Powers and Immunities.
It is understood that by execution of this Agreement, the City does not waive or surrender
any of its governmental powers or immunities.
22.
Headings
The paragraph headings contained herein are for the convenience in reference and are not intended
to define or limit the scope of any provision of this Agreement.
23.
Severability
In the event that any clause or provision of this Agreement shall be held to be invalid by any
court of competent jurisdiction, the invalidity of such clause or provision shall not affect any of the
remaining provisions hereof.
24.
Review of Counsel
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.
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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 verifcation 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 2276 of the Texas Government Code, as
added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, and redesignated from Chapter 2274 of the Texas
Government Code by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(22), the Ciry 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 2276 of
the TeXas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2 and redesignated from
Chapter 2274 of the Texas Government Code as described above. To the extent that Chapter 2276 of the
Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that
Developer's signature provides written verification to the City that Developer. (1) does not boycott energy
companies; and (2) will not boycott energy companies during the term of this Agreement.
27.
Prohibition on Discrimination Against Firearm and Ammunition Industries
Developer acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering
into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly
from public funds of the City with a company with 10 or more full-time employees unless the contract
contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate
during the term of the contract against a firearm entity or firearm trade association. The terms
"discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms
by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To
the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this
Agreement, Developer certifies that Developer's signature provides written verification to the City that
Developer: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm
entity or iirearm 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 require all contractors to verify the identity and employment eligibility of their
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 contractor 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 contractor employee who is not legally eligible
to perform such services. DEVELOPER SHALL CAUSE ITS CONTRACTORS TO INDEMNIFY CITY
AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DIIE TO
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VIOLATIONS OF THIS PARAGRAPH BY DEVELOPER'S CONTRACTOR, CONTRACTOR
EMPLDYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to
Developer, shall have the right to immediately terminate this Agreement for violations of this provision by
Developer.
29.
Amendment
No amendment, modification, or alteration of the terms of this Agreement shall be binding unless
the same is in writing, dated subsequent to the date hereof, and duly executed by the City and Developer.
30.
Assignment and Successors
Developer shall not assign or subcontract all or any part of its rights, privileges, or duties under this
Agreement without the prior written consent of City. Any attempted assignment or subcontract without the
City's prior written approval shall be void and constitute a breach of this Agreement.
31.
No Third-Party Beneficiaries
The provisions and conditions of this Agreement are solely for the benefit of the City and
Developer, and any lawful assign or successor of Developer, and are not intended to create any rights,
contractual or otherwise, to any other person or entity.
32.
Compliance with Laws, Ordinances, Rules and Regulations
Developer, its officers, agents, servants, employees, and contractors, shall abide by and comply
with all laws, federal, state and local, including all ordinances, rules and regulations of City. It is agreed
and understood that, if City calls to the attention of Developer any such violation on the part of Developer
or any of its officers, agents, servants, employees, or subcontractors, then Developer shall immediately
desist from and correct such violation.
33.
Signature Authority
The person signing this Agreement on behalf of Developer warrants that he or she has the legal
authority to execute this Agreement on behalf of the Developer, and that such binding authority has been
granted by proper order, resolution, ordinance or other authorization of the entity. The City is fully entitled
to rely on this warranty and representation in entering into this Agreement.
34.
Counterparts
This Agreement may be executed in multiple counterparts, each of which will be deemed an
original, but which together will constitute one instrument.
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35.
Entire Agreement
This written instrument, together with any attachments, exhibits, and appendices, constitutes the
entire understanding between the City and Developer concerning the work to be performed hereunder, and
any prior or contemporaneous, oral or written agreement that purports to vary from the terms hereof shall
be void.
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36.
Cost Summary Sheet
Project Name: Overland Offsite Water lines
CFA No.: 25-0166
Items
A. Water and Sewer Construction
1. Water Construction
2. Sewer Construction
Water and Sewer Construction Total
City Project No.: 106254
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. Water Testing Lab Fee
Total Estimated Construction Fees:
Financial Guarantee Options, choose one
Bond = 100%
Completion Aqreement = 100°/o / Holds Plat
Cash Escrow Water/Sanitary Sewer= 125°/o
Cash Escrow Pavinq/Storm Drain = 125%
Letter of Credit = 125%
Escrow Pledqe Aqreement = 125%
Developer's Cost
$ 1,527,797.00
$ -
$ 1,527,797.00
IPRC No.: 25-0071
$ -
$ 225,275.00
$ -
$ -
$ 225,275.00
$ 1,753,072.00
$34,425.00
$6,201.00
$1,181.25
$ 41,807.25
$
$
$
$
$
$
Choice
Amount (Mark one
1,753,072.00
1,753,072.00
1,909,746.25
281,593.75
2,191,340.00 X
2,191,340.00
City of Fort Worth, Texas Page 14 of 17
Standard Community Facilities Agreement
Rev. 9/21
IN WITNESS WHEREOF, the City and Developer have each executed this Agreement by their
duly authorized signatories to be effective on the date executed by the City's Assistant City Manager.
CITY OF FORT WORTH
�—\��`���
Jesica McEachern
Assistant City Manager
Date: O1/14/2026
Recommended by.•
�itJa,� y��
Dwayne Hollars
Sr. Contract Compliance Specialist
Development Services
Approved as to Form & Legality:
j�� G���
Jessika Williams
Assistant City Attorney
M&C No. N/A
Date: O1/09/2026
Form 1295: N/A
ATTEST
y�,�s-�-c. /� �
�
Jannette S. Goodall
City Secretary
a
�pOR j �OII
ApFo� /� �Y?
a" ` /\ �9d0
0!'8\j''�/ -�0
pOd "a, l/ V O # �
aAdn pEXP`�ad
DEVELOPER
Southwest Pasture, Ltd.
By: Cassco Management Company, LLC,
A Texas limited liability company,
Its general partner
Paxton Motheral
� ,.,��.N�«�,a�; �,�� »��_�a;4«s��
Paxton E. Motheral
Vice President
Date: O1/09/2026
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.
'_���
Kandice Merrick
Contract Compliance Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth, Texas Page 15 of 17
Standard Community Facilities Agreement
Rev. 9/21
The following attachments are incorporated into this Agreement. To the extent a
conflict exists between the main body of this Agreement and the following attachments, the
language in the main body of this Agreement shall be controlling.
Included
X❑
❑
❑
�
�
❑
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 B: Sewer Improvements
❑ Exhibit C: Paving Improvements
� Exhibit D: Storm Drain Improvements
❑ Exhibit E: Street Lights and Signs Improvements
❑ Exhibit F: Traffic Signal and Striping Improvements
� Cost Estimates
(Remainder of Page Intentionally Left Blank)
City of Fort Worth, Texas Page 16 of 17
Standard Community Facilities Agreement
Rev. 9/21
ATTACHMENT "1"
Changes to Standard Community Facilities Agreement
City Project No. 106254
Negotiated changes contained within the body of the agreement (Sections 4, 6, 12, and 28).
City of Fort Worth, Texas Page 17 of 17
Standard Community Facilities Agreement
Rev. 9/21
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COUNCIL DISTRICT N0. 6
MAPSCO N0. 88V
LOCATION MAP OWNER/DEVELOPER
OVERLAND OFFSITE ` �
WAT E R L I N E S CASSCO DEVELOPMENT CO., INC.
4200 SOUTH HULEN STREET
SUITE 614
FORT WORH, TX 76109
DATE: JULY2025 PHONE#:817.731.7396
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Fort WorN, TX ]61]]
Phone (817) 5623350
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OWNER/DEVELOPER
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CASSCO DEVELOPMENT CO., INC.
4200 SOUTH HULEN STREET
SUITE 614
FORT WORH, TX 76109
PHONE #: 817.731.7396
I PRC25-0071
CPN 106254
► ��� � � .•.•.• I
Westwood Profeslonal Servkes, Inc.
9800 Hillwood Parkway, Suite 250
Fort WorN, TX ]61]]
Phone (817) 5623350
TdFree (888�93]-5'150
TBPE FIRM NO. F-11 ]56
WlSIWOOEPS.COM
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GRAPHIC SCALE DATE: JULY2025
OWNER/DEVELOPER
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CASSCO DEVELOPMENT CO., INC.
4200 SOUTH HULEN STREET
SUITE 614
FORT WORH, TX 76109
PHONE #: 817.731.7396
I PRC25-0071
CPN 106254
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9800 Hillwood Parkway, Suite 250
Fort WorN, TX ]61]]
Phone (817) 5623350
TdFree (888�93]-5'150
TBPE FIRM NO. F-11 ]56
WlSIWOOEPS.COM
SECTION 00 42 43
Developer Awarded Projects - PROPOSAL FORM
UNIT PRICE BID
Project Item Information
Bidlist Iteml I Specification I Unit of
No. Descrip[ion Section No. Measure
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
UNIT I: WATER MPRa1j�,l1AENjS
I3311.0461 12" PVC Water Pine 33 11 12 LF
3311.0467 12" PVC Water Pipc, CLSM Backfill 33 11 12 LF
�3305.2004 12° Water Camer Pipe 33 OS 24 LF �
� 3311.0451 12" DIP Water � 33 11 10 LF �
3311.0452 12" DIP Water, CSS Backfill �33 11 10 � LF �
3311.0561 16" PVC C905 Water Pipe �33 i l 12 � LF I
3311.0567 I6" PVC C905 Water Pipc, CLSM Backfill �33 11 12 � LF �
3305.2005 16" Water Carrier Pipe 33 OS 24 LF �
�3311.0551 16" DIP Water �33 11 10 LF �
�3311.0261 8" PVC Water Pipe �33 11 12 LF �
�3305.1005 30" Gasing By �{�cn Cut �33 OS 22 � LF J
�3305.1004 24" Casin� By �pcn Cut j33 OS 22 � LF
3311.0001 Ductile Iron Water Fiuin�;s w/ Restraint �33 11 11 � TON
3312.0117 Connection to Exislin,� 4"-12" Water Main 33 12 25 � EA
�3305.0202 Lnponcd EmhcdmcntfBackfili, CSS 33 OS (0 � CY
�33123006 16" Gate Valve w/ Vault 33 12 20 EA �
3312.3005 12" Gate Valve �33 12 20 � EA �
3312.3003 8" Gate Valve �33 12 20 � EA �
3312.0001 Fire Hydrant �33 12 40 � EA
�0241.1 I 18 4"-12" Pressure Plu� 02 41 14 � EA
�3312.1002 2" Combination Air Valve Asscmbly for 33 12 30 EA
;312.6002 6" Blow Oft Valve 33 12 60 EA I
33t1�.D109 Trench Safetv �33 05 10 LF
�3312.2203 2" WaterServicc �33 12 Ifl E�1
� �
00 42 43
DAP - BID PROPOSAL
Page 1 of 7
ISinacota Budget 2025.12.10 �
Bidder's Application
Bidder's Proposal
Bid
Quantity
I Unit Price Bid Value
3.722
189
125
22
20
2,371
24
90
58
465
90
125
14.8
2
200
7
8
10
5
7
2
3
6.557
8
$104.00
$303.00
$209.00
$115.00
$388.00
$113.�0
$322.00
$292.OQ
$2b3.00
$75.fl0
$408.00
$5�0.00
$7,900.00
$9,000.00
$184.00
$26,9oD.00
$4,600.00
32,800.00
$7,500.OQ
$750.00
$12,000.00
$18,500.00
$1.00
$5,700.00
$387,D88.00
$57,257.00
$26,125.00
$2,530.00
$7,760.00
$2&7,823.00
$7.728.00
$26,280.0�
$11, 774.00
$34, 875.00
$38,720.00
562,5DOA0
$116,920.00
$18,000.00
$36,800.00
$18$, 300.00
$36,8DO.Q0
�28,000.00
$37,500.00
$5,250.00
$24,000.00
�55,504.00
�6,557.00
�a45,600.00
TOTAL UNIT I: WATER IMPRdVEMEN�S $1,527,797.OD
CTTY OF FORT WORTH
STANDARD CONSTRUCTION SPECffICATION DOCUMENTS - DEVELOPER AWARDED PROJEC'IS
Form Version September I, 2015 2025.12 l0 - 00 42 43_Bid Proposal_DAP_Wa[er xls
SECTION 00 42 43
Developer Awarded Projects - PROPOSAL FORM
UNIT PRICE BID
00 42 43
DAP - Bm PROPOSAL
Page 3 of7
� Sinacola Sudgct 2025.12.10 �
Bidder's Application
Project Item Information � 8idder's Proposal
Bidlist Iteml Description I Specification I Unit of I Bid � Unit Price Bid Value
No. Section No. Measure I Quantity
UNiT III: DRAINAGE 1MPROVEMEMjS
1 0241.4401 Remove Headwafl/SET OZ 41 14 EA 1 �6,800.00 $6,$OO.L10
2 3341.1501 8x4 Box Culvert 33 41 10 LF 525 $326.00 $171,15D_DO
3 9999.0001 8x4 Box Flared HeadwaU, 2 Pipes 33 49 40 EA 1 S21,OOO.Oa $21,000.00
4 9999.0002 Connect to Existing 8x4 RCB 00 00 00 EA 2 $8,100.OQ 516,200.00
5 9999.0003 Connect Ex 18 RCP to Prop 8x4 RCB 00 00 00 EA 1 �7,500.00 $7,5q0.00
6 3305.0109 Trench Safety 33 05 10 LF 525 $5.00 $2,625.00
7
8
9 - --
10 � �
11
12 - -- •
13
14 -- - -�- -
15 �
16 - - - .� ,_ �. .. -
17 , _ - -
18
19 �
20 - - - _ _ T .._
21 - --- �---- - -�_ _ _ �
22 - - - - -
23 - - - -- -- � --- - - -- -- - —
24 - "- --- -- -
25 ,� ._ ^ .- � -
26 - ._� - ----- --____ _
27 i - . �
28 �- -
29 - � �
30 � ' � � �
31 -- _- - -- __. . -.. - - - - - - - -
32 � -- - -• -
33 -� ..- _ _ , �.. �. .� , _ - _
34 - " ---- -_ . __ ., __ .
35 .. _ . . ---
36 . _,�._ ..-_
37 - . _, .�_
38 - _ ._- _ ,- _
39 _, -_�. .-. -• -
40 - ^ - ._ �--- _ - _.
41 - - - -- - - - - _- - -- - -. ,
42 -' - - ---
43 � � �
44 , - -.
45
TOTAL UNIT III: QRAINAGE 1MPROVEMENTS $225,275.00
CITY OF FORT WORTH
STANDARD CONS'IRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS
Fortn Version September 1, 2015 2025.12 10 - 00 42 43_Bid Proposal_DAP_Water.xls
SECTION 00 42 43
Developer Awarded Projects - PROPOSAL FORM
UNIT PRICE BID
OD4243
DAP - BID PROPOSAL
Page 7 of7
I Sinacola Budget 2025.12.10 I
! 1
Bidder's Application
IProject Item Informatio❑
IBidlist Iteinl I Specification I Unit of I Bid
No. Description
Section No. Measure Quantity
Bid Summar��
UNIi 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
�Total Construction Bid
� � ��
� � �
Bidder's Proposal
Uni[ Price � Bid Value
$9 ,527,797.00
�225,275.0�
$'1,753,072.00
,�iJ��i�i� � - �j,�� -- I��C� �,�Sr/��Y �; ��/f�L��"G ��i���-i�ir/�
Contractor agrees to complete WORK for FINAL ACCEPTANCE within $1 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 PRO]ECYS
Fo�m Version Sep�ember I, 2015 2025 12 10 • 004243_Bid Proposal_DAP_Waterxls
FORT ��RTH�
City Secretary's Office
Contract Routing & Transmittal Slip
Contractor's Name: Southwest Pasture, Ltd.
Subject of the Agreement: cFA
M&C Approved by the Council? * Yes ❑ No 8
If �so, the M&C must be attached to the contract.
Is this an Amendment to an Existing contract? Yes ❑ No 8
If so, provide the original contract number and the amendment number.
Is the Contract "PermanenY'? *Yes 8 No ❑
If �unsure, see back page for pernianent contract listing.
Is this entire contract Confidential? *Yes ❑ No 8 If only specific information is
Confidential, please list what information is Confidential and the page it is located.
Effective Date: Expiration Date:
If different from the approval date. If applicable.
Is a 1295 Form required? * Yes ❑ No 8
*If �so, please ensure it is attached to the approving M&C or attached to the contract.
Proj ect Number: If applicable. 106254
*Did you include a Text field on the contract to add the City Secretary Contract (CSC)
number? Yes 8 No ❑
Contracts need to be routed for CSO processin� in the followin� order:
1. Katherine Cenicola (Approver)
2. Jannette S. Goodall (Signer)
3. Allison Tidwell (Form Filler)
*Indicates the information is required and if the information is not provided, the contract will be
returned to the department.