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HomeMy WebLinkAboutContract 50181Developer and Project Information Cover Sheet: Developer Company Name: PS LPT Properties Investors Address, State, Zip Code:1 701 Western Ave. F12, Glendale, CA, 91201 Phone &Email: 818.244-8080, jyateskpublicstorage.com Authorized Signatory, Title: Tim Stanley, Senior Vice President Project Name: Public Storage Fort Worth Brief Description: Water, Sewer, Paving, Street Lights Project Location: 10555 North Freeway, Fort Worth TX Plat Case Number: FS -17-007 Plat Name: Newton Business Park Addition Mapsco: 21P Council District: 7 CFA Number: 2017-180 City Project Number: 101078 To be com Received by: pleted staff Date: City of Fort Worth, Texas Standard Community Facilities Agreement - Public Storage Fort Worth CFA Official Release Date: 02.20.2017 Page 1 of 11 STANDARD COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary I COUNTY OF TARRANT § Contract No. 601 8 I WHEREAS, PS LPT Properties Investors, ("Developer"), desires to make certain specific improvements as described below and on the exhibits attached hereto ("Improvements") related to a project generally described as Public Storage Fort Worth ("Project") within the City or the extraterritorial jurisdiction of Fort Worth, Texas ("City"); and WHEREAS, the City has no obligation to participate in the cost of the Improvements or Project; and WHEREAS, any future City participation in this CFA is subject to the availability of City funds and approval by the Fort Worth City Council and shall be memorialized as an amendment to this Agreement; and WHEREAS, the Developer and the City desire to enter into this Community Facilities Agreement ("CFA" or "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: General Requirements A. The Policy for the Installation of Community Facilities ("Policy") dated March 2001, approved by the City Council of the City of Fort Worth, as amended, is hereby incorporated into this Agreement as if copied herein verbatim. Developer agrees to comply with all provisions of said Policy in the performance of its duties and obligations hereunder and to cause all contractors hired by Developer to comply with the Policy in connection with the work performed by said contractors. B. Developer shall provide financial security in conformance with paragraph 6, Section 11, of the Policy and recognizes that there shall be no reduction in the collateral until the Project has been completed and the City has officially accepted the Improvements. Developer further acknowledges that said acceptance process requires the Developer's contractor(s) City of Fort Worth, Texas Standard Community Facilities Agreement - Public Storage Fort Worth CFA Official Release Date: 02.20.2017 Page 2 of 11 OFFICIAL RECORD CITY SECRETARY FT, WORTH, TX to submit a signed affidavit of bills paid and consent of Surety signed by its surety to ensure the contractor has paid any sub-contractor(s) and suppliers in full. Additionally, the contractor will provide in writing that the contractor has been paid in full by Developer for all the services provided under this contract. C. 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 the City -approved construction plans, specifications and cost estimates provided for the Project and the exhibits attached hereto. D. The following checked exhibits describe the Improvements and are incorporated herein: Water (A) 0, Sewer (A-1) ®, Paving (B) ®, Storm Drain (B-1) Q, Street Lights & Signs (C) ®. E. The Developer shall award all contracts for the construction of the Improvements in accordance with Section II, paragraph 7 of the Policy and the contracts shall be administered in conformance with paragraph 8, Section 11, of the Policy. Developer shall ensure its contractor(s) pays the then -current City -established wage rates. F. For all Improvements included in this Agreement for which the Developer awards construction contract(s), Developer agrees to the following: i. To employ a construction contractor who is approved by the director of the department having jurisdiction over the infrastructure to be constructed, said contractor to meet City's requirements for being prequalified, insured, licensed and bonded to do work in public ways and/or prequalified to perform water/wastewater construction as the case may be. ii. To require its contractor to furnish to the City a payment and performance bond in the names of the City and the Developer for one hundred percent (100%) of the contract price of the infrastructure, and a maintenance bond in the name of the City for one hundred percent (100%) of the contract price of the infrastructure for a period of two (2) years from the date of final acceptance insuring the maintenance and repair of the constructed infrastructure during the term of the maintenance bond. All bonds to be furnished before work is commenced and to meet the requirements of Chapter 2253, Texas Government Code. City of Fort Worth, Texas Standard Community Facilities Agreement - Public Storage Fort Worth CFA Official Release Date: 02.20.2017 Page 3 of 11 iii. To require the contractor(s) it hires to perform the construction work contemplated herein to provide 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 shall be named as additional insured on all insurance required by said documents and same will be evidenced on the Certificate of Insurance (ACORD or other state -approved form) supplied by the contractor's insurance provider and bound in the construction contract book. iv. To require its contractor to give 48 hours advance notice of intent to commence construction to the City's Construction Services Division so that City inspection personnel will be available; to require the contractor to allow the construction to be subject to inspection at any and all times by City inspection forces, to not install or relocate any sanitary sewer, storm drain, or water pipe unless a responsible City inspector is present and gives his consent to proceed, and to make such laboratory tests of materials being used as may be required by the City. V. To require its contractor to have fully executed contract documents submitted to the City in order to schedule a Pre -Construction Meeting. The submittal should occur no less than 10 working days prior to the desired date of the meeting. No construction will commence without a City -issued Notice to Proceed to the Developer's contractor. vi. To delay connections of buildings to service lines of sewer and water mains constructed under this Agreement, if any, until said sewer and water mains and service lines have been completed to the satisfaction of the Water Department. G. Developer shall provide at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to construct the improvements under this Agreement. H. Developer shall cause the installation or adjustment of the required utilities to serve the development or to construct the Improvements required herein. I. City shall not be responsible for payment of any costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with any of the community facilities to be installed hereunder. City of Fort Worth, Texas Standard Community Facilities Agreement - Public Storage Fort Worth CFA Official Release Date: 02.20.2017 Page 4 of 11 J. Developer hereby releases and agrees to indemnify, defend and hold the City harmless for any inadequacies in the preliminary plans, specifications and cost estimates supplied by the Developer for this Agreement. K. Developer agrees to provide, at its expense, all necessary rights of way and easements across property owned by Developer and required for the construction of the current and future improvements provided for by this Agreement. L. The Developer further 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 iniuries, 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. M. Developer will further 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 anyway connected with, the construction of the infrastructure contemplated herein, whether or not such iniuries, 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, and hold harmless the City for any losses, damages, costs or expenses suffered by the City or caused as a result of said contractor's failure to complete the work and construct the improvements in a good and workmanlike manner, free from defects, in conformance with the Policy, and in accordance with all plans and specifications. City of Fort Worth, Texas Standard Community Facilities Agreement - Public Storage Fort Worth CFA Official Release Date: 02.20.2017 Page 5 of 11 N. 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 the Developer with its contractor along with an assignment of all warranties given by the contractor, 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. O. Inspection and material testing fees are required as follows: i. Developer shall pay in cash water and wastewater inspection fees and material testing fees equal to two percent (2%) for a total of 4% of the developer's share of the total construction cost as stated in the construction contract. ii. Developer shall pay in cash paving and storm drain inspection fees equal to four percent (4%) and material testing fees equal to two percent (2%) for a total of 6% of the developer's share of the total construction cost as stated in the construction contract. iii. Developer shall pay in cash the total cost of streetlights or if the city is not installing the streetlights, inspection fees equal to four percent (4%) of the developer's share of the streetlight construction cost as stated in the construction contract. iv. Developer shall pay in cash the total cost of street signs. P. COMPLETION WITHIN 2 YEARS i. Developer shall complete the Improvements within two (2) years, provided, however, if construction of the Improvements has started within the two year period, the developer may request that the CFA be extended for one additional year. ii. Nothing contained herein is intended to limit the Developer's obligations under the Policy, this Agreement, its financial guarantee, its agreement with its contractor or other related agreements. iii. The City may utilize the Developer's financial guarantee submitted for this Agreement to cause the completion of the construction of the Improvements if at the end of two (2) years from the date of this Agreement (and any extension period) the Improvements have not been completed and accepted. iv. 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 City of Fort Worth, Texas Standard Community Facilities Agreement - Public Storage Fort Worth CFA Official Release Date: 02.20.2017 Page 6 of 11 construction of same before the expiration of two (2) years if the Developer breaches this Agreement, becomes insolvent or fails to pay costs of construction and the financial guarantee is not a Completion Agreement. If the financial guarantee is a Completion Agreement and the Developer's contractors and/or suppliers are not paid for the costs of supplies and/or construction, the contractors and/or suppliers may put a lien upon the property which is the subject of the Completion Agreement. Q. Developer acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company 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" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, 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 the contract. R. 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. City of Fort Worth, Texas Standard Community Facilities Agreement - Public Storage Fort Worth CFA Official Release Date: 02.20.2017 Page 7 of 11 Cost Summary Sheet Project Name: Public Storage Fort Worth CFA No.: 2017-180 City Project No.: 101078 An Engineer's Estimate of Probable Cost is acceptable. However, the construction contract price will ultimately determine the amount of CFA fees and financial guarantee. The bid price and any additional CFA payments will be required prior to scheduling a pre -construction meeting. An itemized estimate corresponding to each project -specific exhibit is required to support the following information. Items $ Developer's Cost A. Water and Sewer Construction $ 278 185.50 I. Water Construction $ 114,680.00 2. Sewer Construction $ 81,495.50 Water and Sewer Construction Total $ 196,175.50 B. TPW Construction 1. Street $ 78,010.00 2. Storm Drain $ - 3. Street Lights Installed by Developer $ 4,000.00 4. Signals $ TPW Construction Cost Total $ 82,010.00 Total Construction Cost (excluding the fees): $ 278,185.50 Construction Fees: C. Water/Sewer Inspection Fee (2%) $ 3,923.51 D. Water/Sewer Material Testing Fee (2%) $ 3,923.51 Sub -Total for Water Construction Fees $ 7,847.02 E. TPW Inspection Fee (4%) $ 3,120.40 F. TPW Material Testing (2%) $ 1,560.20 G. Street Light Inspsection Cost $ 160.00 H. Signals Inspection Cost $ - H. Street Signs Installation Cost $ - Sub -Total for TPW Construction Fees $ 4,840.60 Total Construction Fees: $ 12,687.62 Choice Financial Guarantee Ontions_ chonse one Amount IMark one) Bond = 100% $ 278,185.50 x Completion Agreement = 100% / Holds Plat $ 278 185.50 Cash Escrow Water/Sanitary Sewer- 125% $ 245,219.38 Cash Escrow Paving/Storm Drain = 125% $ 102,512.50 Letter of Credit= 125% w/2yr expiration period $ 347,731.88 City of Fort Worth, Texas Standard Community Facilities Agreement - Public Storage Fort Worth CFA Official Release Date: 02.20.2017 Page 8 of 11 ACCORDINGLY, the City of Fort Worth and Developer have each caused this instrument to be executed in quadruplicate in each entity's respective name by its duly authorized signatories effective as of the date executed by the City's City Manager or his/her designee. CITY OF FORT WORTFH Jesus J. Chapa Assistant City 'via er Date: �� Recomn)elyde,d by: 74o1: Wendy Chi-Babuiai, EMBA, P.E. Development Engineering Manager Water Department Lj. W DouglasU. Wiersig, P.E. Director Transportation & Public Works Department Approved as to Form c& Legality: 7 Richard A. McCracken Assistant City Attornq M&C No. n% ✓1 Date: Form 1295: rV/� ATTEST: �oF FORT-';�; v: _ M ry J. r 1. ;Ar. City Secretary .....XAs DEVELOPER PS LPT Properties Investors Name: Ti anley Title: Senior Vice President Date: l ATTEST: (Only if required by Developer) Signature Name: 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 1., '14 Name: anie Morales Title: Development Manager City of Fort Worth, Texas Standard Community Facilities Agreement - Public Storage Fort Worth CFA Official Release Date: 02.20.2017 Page 9 of 11 OFFICIAL RECORD CITY SECRETARY FT. WORTH, Tx Check items associated with the project being undertaken; checked items must be included as Attachments to this Agreement Included Attachment ® Attachment 1 - Changes to Standard Community Facilities Agreement ® Location Map ® Exhibit A: Water Improvements ® Water Cost Estimate ® Exhibit A-1: Sewer Improvements ® Sewer Cost Estimate ® Exhibit B: Paving Improvements ® Paving Cost Estimate ❑ Exhibit 13-1: Storm Drain Improvements L� Storm Drain Cost Estimate ® Exhibit C: Street Lights and Signs Improvements ® Street Lights and Signs Cost Estimate (Remainder of Page Intentionally Left Blank) City of Fort Worth, Texas Standard Community Facilities Agreement - Public Storage Fort Worth CFA Official Release Date: 02.20.2017 Page 10 of 11 ATTACHMENT "1" Changes to Standard Agreement Community Facilities Agreement City Project No. 101078 101078 City of Fort Worth, Texas Standard Community Facilities Agreement - Public Storage Fort Worth CFA Official Release Date: 02.20.2017 Page 11 of 11 LOCATION MAP N.T.S. MAPSCO NO. COUNCIL DISTRICT 21P 7 z O RY LAC -y-- CE� -._,. ___... z - -- GOLDEN TRIANGLE PROJECT LOCATION JOSH_ 35W LOCATION MAP N.T.S. MAPSCO NO. COUNCIL DISTRICT 21P 7 mi moan LEGEND PROPOSED WATER LINE PROPOSED GATE VALVE PROPOSED FIRE HYDRANT EXISTING WATER LINE — — — — — — STA. 0+0.00 _ CONNECT TO EXISTING 17� EX. 24" WL GOLDEN TRIANGLE BOULEVARD \ I w 3 STA. 5+07.05 6"WLIFH oa u.uv`brn• mw moo. om'n' STA. 9+23.97 6"WL/FH WILLIAM MCCOWEN SURVEY. ABSTRACT NO. 999 LOT 2 —BLOCK A STA. 14+49.78 18.,085 ACRES 6" WL / FH LOT 1 — BLOCK A 5.000 ACRES JOSH STREET ---STA.13+73.27 8" WL —STA. 15+66.79 1.5" WATER SERVICE ---� STA. 15+71.79 1.5" WATER SERVICE STA. 15+92.66 6"WL/FH STA. 16+03.81 8" WL STA. 16+23.15 END 12" WL N 0' 100' 200' 300' 400' s� City Project #:101078 Water Project#: YI JAB Engineering, LLC 4500 Williams Drive, 56008-0600430-101078-001580 s Ste. 212-121 J. WALKER SURVEY ABSTRACT N0, 1503 i Georgetown, TX 78633 CQL— File #: K-2535 EXHIBIT "A" josh.bararNMabeng.com mi moan LEGEND PROPOSED WATER LINE PROPOSED GATE VALVE PROPOSED FIRE HYDRANT EXISTING WATER LINE — — — — — — STA. 0+0.00 _ CONNECT TO EXISTING 17� EX. 24" WL GOLDEN TRIANGLE BOULEVARD \ I w 3 STA. 5+07.05 6"WLIFH oa u.uv`brn• mw moo. om'n' STA. 9+23.97 6"WL/FH WILLIAM MCCOWEN SURVEY. ABSTRACT NO. 999 LOT 2 —BLOCK A STA. 14+49.78 18.,085 ACRES 6" WL / FH LOT 1 — BLOCK A 5.000 ACRES JOSH STREET ---STA.13+73.27 8" WL —STA. 15+66.79 1.5" WATER SERVICE ---� STA. 15+71.79 1.5" WATER SERVICE STA. 15+92.66 6"WL/FH STA. 16+03.81 8" WL STA. 16+23.15 END 12" WL N 0' 100' 200' 300' 400' Public Storage Fort Worth City Project #:101078 Water Project#: IH 35 & Golden TriangleLgaq� JAB Engineering, LLC 4500 Williams Drive, 56008-0600430-101078-001580 Fort Worth, TX Ste. 212-121 Sewer Project #: WATER Georgetown, TX 78633 56008-0700430-101078-001380 File #: K-2535 EXHIBIT "A" josh.bararNMabeng.com 2017.11.30 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID DAP - BID PROPOSAL Page a a 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 3312.2103 1 1/2" Water Service 33 12 10 EA 2 $1,600.00 $3,200.00 2 3311.0461 12" PVC Water Pipe 3311 12 LF _ _ 1640 $40.00 _ $65,600.00 3� 3311.0161 6" PVC Water Pipe__ 33 11 12 _ 20 $640.00 4 3312.3005 12" Gate Valve 33 12 20 _LF EA4 __$32.00 $2,800.00 $11,200.00 5 3312.3003 8" Gate Valve 33 12 20 EA _ $1,400.00 $2,800.00 6 3312.3002 6" Gate Valve 33 12 20 EA_ _2 4 $1,250.00 u $5,000.00 7 3312.0001 Fire Hydrant._..,_.____ _. 3311.0001 Ductile Iron Water Fittings w/ Restraint 33 12 40 3211 11 EA TON 4 2 $3,500.00 $4,875.00 $14,000.00 $9,750.00 8 9 _ 3305.0109 Trench Safety 33 05 10 LF _ 1660 $1.50 $2,490.00 10 11 —12 ____ 13 ...... _-.__._..._.____..... 14 15 16 17 18 19 20 21 22 23 24 25 26 29 30 31 32 33 34 35 36 37 38 39 40 41 _ 42 43 44 – TOTAL UNIT I: WATER IMPROVEMENTS $114,680.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version September 1, 2015 00 42 43—Bid Proposa1_DAP.xIs EX. 24" WL GOLDEN TRIANGLE BOULEVARD 8 / 9$ `f7/ C O/ STA. 0+00/ CONNECT TO EXIST. 10" / STA. 1+19.18 J. WALKER SURVEY 4' MH� ABSTRACT NO. 1603 2LMN EI QTS ROAD as) WILUAM NeCOWEN S ABSTRACT NO. S LEGEND PROPOSED SEWER LINE PROPOSED SEWER MANHOLE EXISTING SEWER MANHOLE — — — — — — NILUAM MCCOWEN SURVEY, ABSTRACT NO. 999 LOT2 — BLOCK A 18.4085 ACRES m% ca�A. s F 1 l .... JOSH STREET N 0' 100' 200' 300' 400' Public Storage Fort Worth City Project #: 101078 Water Project#: IH 35 & Golden Triangle JAB Engineering, LLC s 4500 Williams Drive, 56008-0600430-101078-001580 Fort Worth, TX Ste. 212-121 STA.3+96.47 SANITARY SEWER Imp Georgetown, 2 1 p) 786 33 File #: K-2535 4' MH josh.baran@jabeng.com 4 2017.11.30 � � f f >� STA. 6+87.64 LU 4' MH Z STA. 8+72.68 4' MH STA. 9+03.11 4' MH STA 10+3692 LOT 1 — BLOCK A 4' MH /8" SERVICE 5.000 ACRES o..,{ '• /� STA. 11+53.00 / 4' MH / 10" STUB .... JOSH STREET N 0' 100' 200' 300' 400' Public Storage Fort Worth City Project #: 101078 Water Project#: IH 35 & Golden Triangle JAB Engineering, LLC s 4500 Williams Drive, 56008-0600430-101078-001580 Fort Worth, TX Ste. 212-121 Sewer 56008-0700430-10 078-001380 SANITARY SEWER Imp Georgetown, 2 1 p) 786 33 File #: K-2535 EXHIBIT "All' josh.baran@jabeng.com 2017.11.30 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID DAP - BID PROPOSAL. P:-4 4.. . Bidder's Application Project Item Information Bidders Proposal Bidlist Item No. Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value UNIT II: SANITARY SEWER IMPROVEMENTS 1 3331.4201 10" Sewer Pipe 33 11 10 1162 $38.00 $44,156.00 2 _ _ 3331.320_1 6" Sewer Service (160psi Pressure Pipe) 33 31 50 _LF EA 1 $1,350.00 $1,350.00 3 3339.1001 4' Manhole 33 39 10 EAM — 7 $3,400.00 $23,800.00 4 3339.1003 4' Extra Depth Manhole 33 39 10 VF 8 $300.00 $2,400.00 _ 5 3301.0002 Post -CCN Inspection — 33 01 31 — LF_ 1162 $0.75 $871.50 6 3305.0112 Concrete Collar 33 05 17 EA 7 $750.00 $5,250.00 7 3301.0101 Manhole Vacuum Testing _— 3301 30 — EA 7 $275.00 $1,925.00 8 3305.0109 Trench Safety 33 05 10 LF 1162 $1.50 $1,743.00 10 v__-___ 12 13 14 --i 15 16 17 18 1921 20 22 23 24 25 26 27 28 29 30 31- 32 33 34 35 36 39 40 41 42 —� 43 44� 45 TOTAL UNIT II: SANITARY SEWER IMPROVEMENTS1 $81,495.50 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version September 1, 2015 00 42 43 Bid Proposal—DAP.xis GOLDEN TRIANGLE BOULEVARD 0' 100' 200' 300' 400' Public Storage Fort Worth City Project #: 101078 Water Project #: IH 35 &Golden Triangle g JAB Engineering, LLC '' 4500 Williams Drive, 56008-0600430-101078-001580 Fort Worth, TX Ste. 212-121 Sewer Project #: PAVING S !! 512-779-7414 town, X 78633 56008-0700430-101078-001380 File #: K-2535 EXHIBIT "B„ josh.baran0jabeng.com 2017.11.01 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID 42 43 DAP - BID PROPOSAL Bidder's Application Project Item Information Bidder's Proposal Bidlist Item No. Description I Specification I Section No. Unit of I Measure Bid Quantity Unit Price Bid Value UNIT IV: PAVING IMPROVEMENTS 1 3201.0132 5' Wide Asphalt Pvrnt Repair, Industrial 3201 17 LF— 585 $50.00 $29,250.00 2 3201.0133 6' Wide Asphalt Pvrnt Repair, Industrial 3201 17 LF 486 $60.00 $29,160.00 3 3213.0101 6" Conc Pvrnt 32 13 13 SF 400 $15.00 $6,000.00 4 3213.0312 5" Conc Sidewalk –--—-32 13 20 u SF 1360 $10.00 $13,600.00 5 6 7 8 9 10 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 39 40 41 42 43 44 45 TOTAL UNIT IV. PAVING IMPROVEMENTS 1 $78,010.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version September 1, 2015 00 42 43—Bid Proposal DAP.xIs GOLDEN TRIANGLE BOULEVARD J. WALKER SURVEY ABSTRACT NO. 1603 WILLIAM M[COWEN SURVEY, ABSTRACT NO. 999 LOT2 - BLOCK A 16.4085 ACRES m, mu WILLIAM McCOWEN S ABSTRACT NO. S LOT 1 — BLOCK A 5.000 ACRES STREET LIGHTS (2) N 0' 100' 200' 300• 400' Public Storage Fort Worth City Project #: 101078 Water Project#: 11-135 & Golden Triangle JAB Engineering, LLC �� 4500 Williams Drive, 56008-0600430-101078-001580 Fort Worth, TX Ste. 212-121 56008-0700430-101078-001380 STREET LIGHTS s 512-779-7414Georgetown,(p) File#: K-2535 EXHIBIT "C„ josh.baran@jabeng.com 2017.11.01 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID 00 42 43 DAP - BID PROPOSAL Page 5 of 7 Bidder's Application Project Item Information Bidders Proposal Bidlist Item No. Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value UNIT V: STREET LIGHTING IMPROVEMENTS 1 3441.3050 Fumish/Install LED Lighting Fixture (70 watt 34 4120 EAp$2,000.00 $4,000.00 3456 8 10 12 13 14 15 16 17 18 19 20 22 23 24 25 26 27 28 29 30 �— 31 32 33 _ --- - - F41 TOTAL UNIT V: STREET LIGHTING IMPROVEMENTS $4,000.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version September 1, 2015 00 42 43 Bid Proposal_DAP.xIs DEVELOPMENT BOND GUARANTEEING PERFORMANCE ` AND PAYMENT OF IMPROVEMENTS C 0 y Bond No. 106818419 KNOW ALL MEN BY THESE PRESENTS, that we, PS LPT Properties Investors Travelers Casualty and (------------------------------ ), as Principal, and Purety Company ofAmeric, a corporation organized and existing under the laws of the State of Connecticut , and fully authorized to transact business in the State of Texas, as surety, are held and firmly bound unto CITY OF FORT WORTH, TEXAS, 1000 Throckmorton Street, Fort Worth, Texas, 76102, as Obligee, in the penal sum of ($ 278,185.50 ) lawful money of the United States of America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEAREAS, ( PS LPT Properties Investors ) has agreed to construct in ( 10555 North Freeway 1, in the CITY OF FORT WORTH, TEXAS the following improvements: Water, Sewer, Paving and Street WHEREAS, in the event of bankruptcy, default or other nonperformance by Principal, claims against Principal or the development, Obligee may be left without adequate satisfaction. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall construct, or have constructed, the improvements herein described, and shall pay for the cost of all labor, materials and equipment furnished in connection with the construction of said improvements, and shall save the Obligee harmless from any loss, cost or damage by reason of its failure to complete the construction of said improvements or by reason of its failure to pay for the cost of same, then this obligation shall be null and void, otherwise to remain in full force and effect; and upon receipt of a claim by the City of Fort Worth indicating that the construction of said improvements has not been completed, or that the costs for same have not been paid, the Surety will pay to the City of Fort Worth such amount up to the amount of this bond which will allow the City of Fort Worth to complete construction of said improvements and to pay for the costs of same. We hereby agree with you that the draft(s) drawn under and in compliance with the terms of this bond will be duly honored upon presentation at: Travelers Casualty and Surety (Surety)Company of America mail code- ------------------- (SuretyAddress) One Tower Square, Hartford, CT 06183 Travelers Casualty and Surety Attn: Claims Department or by facsimile to (surety:Company of America Fax Number 860-277-7002 confrimed by a phone call at 800-238-6225 PROVIDED FURTHER, that this bond shall automatically be increased by the amount of any change order, supplemental agreement or amendment which increase the price of the aforementioned contract. PROVIDED FURTHER, that if any legal action be filed on this bond, the laws of the State of Texas shall apply and that venue shall lie exclusively in Tarrant County, Texas. AND PROVIDED FURTER, that the said surety, for value received, hereby stipulates and agrees that no charge, extension of time, alteration or addition to the terms of any contract for the public affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of such contract. This bond is given pursuant to the provisions of Section 212.073 of the Texas Local Government Code, as such may amended from time to time. Signed, sealed and dated this 9th DEVELOPER'S NAME PS LPT Properties Investors Principal By: SvF Cap%+cti xrive_4avt�5 day of January 2018 SURETY COMPANY'S NAME Travelers Casualty and Surety Company of America Surety KBy: 04l Attorney -in -Fact Julie Karnes X+JARN,NCs;: THIS P01NFfi 0F aiT T(?rr4Ev IR NygLID W ITI-t. LR THF REp 130RDER POWER OF ATTORNEY TRAVELERSJ� Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 232209 Certificate No. 007233999 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Carolyn E. Wheeler, Loretta M. Jones, Mary Y. Volmar, Sandra King, Vicki Nobinger, Tara W. Mealer, Joy M. Williams, Rachel A. Chaveriat, Julie Karnes, Bonnie L. Rice, Rebecca Hobbs, and Sandy McElhaney of the City of Knoxville , State of Tennessee , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 22nd day of May 2017 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company G,,a(,��' E10.E 4 ` O�'N 'NSG•D /.;S1 `•.PS1:nsi 1.;^ ? : "OOWx[Yf:o 7); .1p...'. Y 4 'Nb State of Connecticut City of Hartford ss. By: Robert L. Raney, Senior Vice President On this the 22nd day of May 2017 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 0.1 In Witness Whereof, I hereunto set my hand and official seal. )nW A/" v My Commission expires the 30th day of June, 2021. p,p Marie C. Tetreault, Notary Public 58440-5-16 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS P+JWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and G&ranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian InsuranW T Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this -- day ofTa nLLn A 20 `. t>� f J�/� Kevin E. Hughes, Assistant Sec tary , y O S (1 g -•ww.,�rvytl/ 2 �I�ORV�II��F m y;.G,,.-Q4Alf L::a ,, , a I4oft1FDHD, Corte. �wxil�rGl� < Ya - 1895 E�,a � $e 1951 ti�o' �`SE AL of ��;SS1L� �y ��' � °��n„c� a •....� �L � v.•... .aa as �,,,,,.1.,I� 1 To verify the authenticity of this Power of Attorney, call 1-800 421-3880 or contact us at www.travelersbond.com. Please refer to the Attomey-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. WAFINING: THIS POWER OFATTORNEY IS INVALID WITHOUT THE RED PS LPT PROPERTIES INVESTORS CERTIFICATE OF SECRETARY The undersigned, Lily Yan Hughes, hereby certifies that she is the duly elected, qualified and acting Secretary of PS LPT Properties Investors, a Maryland real estate investment trust (the "Company"), with access to the books and records of the Company, and its affiliates, and that: 1. Tim Stanley, Senior Vice President, is a duly elected officer of the Company and, as such, is authorized to execute and deliver, each of the certain Maintenance Agreement — Stormwater, Plat, and Community Facilities Agreement, and all related documents, on behalf of the Company regarding real estate owned by the Company. 2. Sharon Linder, Vice President, is a duly elected officer of the Company and, as such, is authorized to execute and deliver, each of the certain Maintenance Agreement — Stormwater, Plat, and Community Facilities Agreement, and all related documents, on behalf of the Company regarding real estate owned by the Company. 3. This certificate remains in effect until a notice or certificate of revocation is issued. IN WITNESS WHEREOF, the undersigned has signed this certificate on this day of July 2017. TX 15044 *-%, AI -N BUSINESS ORGANIZATIO'4.,TNQUIRY - VIEW ENTITY ..A Page 1 of 1 TEXAS SECRETARY of STATE ROLANDO B. PABLOS UCC I Business Organizations I Trademarks I Notary I Account I Help/Fees I Briefcase I Logout REGISTERED AGENT BUSINESS ORGANIZATIONS INQUIRY - VIEW ENTITY Filing Number: 800836971 Entity Type: Foreign Real Estate Investment Trust Original Date of Filing: June 29, 2007 Entity Status: In existence Formation Date: N/A Tax ID: 19546129644 FEIN: 954612964 Name: PS LPT Properties Investors Address: 701 Western Avenue Glendale, CA 91201 USA Fictitious Name: N/A Jurisdiction: MD, USA Foreign Formation December 24, 1996 Date: GLENDALE, CA 91201 USA REGISTERED AGENT FILING HISTORY NAMES ASSOCIATED MANAGEMENT ASSUMED NAMES ENTITIES Last Update Name Title Address June 29, 2007 JOHN S BAUMANN Director 701 WESTERN AVENUE, SUITE 200 GLENDALE, CA 91201 USA June 29, 2007 JOHN REYES Director 701 WESTERN AVENUE, SUITE 200 GLENDALE, CA 91201 USA December 12, 2007 Drew Adams Vice -President 701 Western Avenue, Suite 200 Glendale, CA 91201 USA Order Return to Search Instructions: its To place an order for additional information about a filing press the'Order' button. https:Hdirect. sos. state.tx.us/corp_inquiry/corp_inquiry-entity.asp?spage=mgmt&: Spagefro... 11/6/2017