HomeMy WebLinkAboutContract 56133 Received Date: 08/09/2021
Received Time: 10:25 am
Developer and Project Information Cover Sheet:
Developer Company Name: FW Cowan Place,LP
Address, State,Zip Code: 1201 E. 13th St.,Fort Worth,TX, 76102
Phone &Email: 817-333-3401,mmlemons&fwhs.org
Authorized Signatory,Title: Mary-Margaret Lemons, Secretary/Treasurer
Project Name: Sewer Improvements to Serve Cowan Place
Brief Description: Water Sewer,Paving.
Project Location: 5400 E.Rosedale St.
Plat Case Number: Plat Name:
Mapsco: Council District: 5
CFA Number: CFA21-0049 City Project Number: 103219
OFFICIAL RECORD
CITY SECRETARY
City of Fort Worth,Texas FT. WORTH, TX
Standard Community Facilities Agreement
Rev.10/5/19[NPC]
CSC No.56133
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 FW Cowan Place, LP
("Developer"),acting by and through its duly authorized representative. City and Developer are referred to
herein individually as a"parry"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
Sewer Improvements to Serve Cowan Place("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 forth herein. Developer agrees to comply with all
provisions of the CFA Ordinance in the performance of Developer's duties and obligations pursuant to this
Agreement and to cause all contractors hired by Developer to comply with the CFA Ordinance in
connection with the work performed by the contractors. If a conflict exist between the terms and conditions
of this Agreement and the CFA Ordinance,the CFA Ordinance shall control.
2.
Incorporation of Engineering Plans
The engineering plans for the Improvements that have been accepted by the City ("Engineering
Plans")are incorporated into this Agreement by reference as if fully set out herein. Developer shall provide
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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:
❑X Exhibit A: Water
❑X Exhibit A-1: Sewer
❑X Exhibit B: Paving
❑ Exhibit B-1: Storm Drain
❑ Exhibit C: Street Lights & Signs
The Location Map and Cost Estimates are also attached hereto and incorporated herein by
reference. To the extent that Exhibits A, A-1, B, B-1, C, the Location Map, or the Cost Estimates
conflict with the Engineering Plans, the Engineering Plans shall control. If applicable,Attachment 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 form and amounts set forth in
this Agreement which guarantees the construction of the Improvements and payment by Developer of
all contractors, subcontractors, and material suppliers for the Improvements ("Financial Guarantee").
Developer shall keep the Financial Guarantee in full force and effect until released by the City and shall
not reduce the amount of the Financial Guarantee unless authorized by the City in accordance with the
CFA Ordinance.
6.
Completion Deadline; Extension Periods
This Agreement shall be effective on the date this Agreement is executed by the City's Assistant
City Manager ("Effective Date"). Developer shall complete construction of the Improvements and
obtain the City's acceptance of the Improvements within two (2) years of the Effective Date ("Term").
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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.
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.
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(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 oblige, 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.
M 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
costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with
any of the Improvements to be constructed pursuant to this Agreement.
11.
Easements and Rights-of-Way
Developer agrees to provide,at its expense,all necessary rights-of-way and easements required for
the construction and dedication to the City of the Improvements provided for by this Agreement.
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12.
Liability and Indemnification
(a) DEVELOPER HEREBY RELEASES AND AGREES TO INDEMNIFY, DEFEND AND
HOLD THE CITY HARMLESS FOR ANY INADEQUACIES IN THE PRELIMINARY
PLANS, SPECIFICATIONS, ENGINEERING PLANS, AND COST ESTIMATES
SUPPLIED BY THE DEVELOPER FOR THIS AGREEMENT.
(b) THE DEVELOPER COVENANTS AND AGREES TO,AND BY THESE PRESENTS DOES
HEREBY FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS
OFFICERS,AGENTS AND EMPLOYEES FROM ALL SUITS,ACTIONS OR CLAIMS OF
ANY CHARACTER, WHETHER REAL OR ASSERTED,BROUGHT FOR OR ONACCOUNT
OFANYINJURIES OR DAMAGES SUSTAINED BYANYPERSONS,INCLUDING DEATH,
OR TO ANY PROPERTY, RESULTING FROM OR IN CONNECTION WITH THE
CONSTRUCTION,DESIGN, PERFORMANCE OR COMPLETION OF ANY WORK TO BE
PERFORMED BY SAID DEVELOPER, ITS CONTRACTORS, SUBCONTRACTORS,
OFFICERS, AGENTS OR EMPLOYEES, OR IN CONSEQUENCE OF ANY FAILURE TO
PROPERLY SAFEGUARD THE WORK, OR ONACCOUNT OFANYACT,INTENTIONAL
OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID DEVELOPER, ITS
CONTRACTORS, SUB-CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES,
WHETHER OR NOT SUCHINJURIES,DEATH OR DAMAGESARE 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. FURTHER,
DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND, AND
HOLD HARMLESS THE CITY FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES
SUFFERED BY THE CITY OR CAUSED AS A RESULT OF SAID CONTRACTORS'
FAILURE TO COMPLETE THE WORK AND CONSTRUCT THE IMPROVEMENTS IN A
GOOD AND WORKMANLIKE MANNER, FREE FROM DEFECTS, IN CONFORMANCE
WITH THE CFA ORDINANCE, AND 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 parry beneficiary of such contracts.
14.
Estimated Fees Paid by Developer; Reconciliation
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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 FW Cowan Place, LP
City of Fort Worth 1201 E 13"' St.
200 Texas Street Fort Worth, TX, 76102
Fort Worth, Texas 76102
With copies to:
City Attorney's Office
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
and
City of Fort Worth,Texas Page 7 of 25
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City Manager's Office
City of Fort Worth
200 Texas Street
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.
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,
servants,officers,contractors, subcontractors,and volunteers.
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The City,through its authorized representatives and employees, shall have the sole and exclusive
right to exercise jurisdiction and control over City employees.
19.
Applicable Law; Venue
This Agreement shall be construed under and in accordance with Texas law. Venue shall be in
the state courts located in Tarrant County, Texas or the United States District Court for the Northern
District of Texas,Fort Worth Division.
20.
Non-Waiver
The failure of the City to insist upon the performance of any term or provision of this Agreement
or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent
of City's right to assert or rely on any such term or right on any future occasion.
21.
Governmental Powers and Immunities.
It is understood that by execution of this Agreement, the City does not waive or 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 parry 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
City of Fort Worth,Texas Page 9 of 25
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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 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 term"boycott Israel"has
the meaning ascribed to it by Section 808.001 of the Texas Government Code. The term "company" has
the meaning ascribed to it by Section 2270.001 of the Texas Government Code. To the extent that Chapter
2270 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.
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'SEMPLOYEES,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.
27.
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.
28.
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.
29.
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.
30.
Compliance with Laws, Ordinances,Rules and Regulations
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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.
31.
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.
32.
Counterparts
This Agreement may be executed in multiple counterparts, each of which will be deemed an
original, but which together will constitute one instrument.
33.
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.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
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34.
Cost Summary Sheet
Pro]ect Name: Sewer Improvements to Serve Cowan Place
CFA No.: CFA21-0049 City Pro]ect No.: 103219
Items Developer's Cost
A. Water and Sewer Construction
1. Water Construction $ 54,873.00
2. Sewer Construction $ 96,015.00
Water and Sevier Construction Total $ 150,888.00
B. TPW Construction
1. Street $ 160,083.00
2. Storm Drain
3. Street Lights Installed by Developer
4. Signals $
TPW Construction Cost Total $ 160,083.00
Total Construction Cost(excluding the fees): $ 310,971.00
Estimated Construction Fees:
C. Construction Inspection Service Fee $31,250.00
D. Administrative Material Testing Service Fee $784.00
E. Water Testing Lab Fee $390.00
Total Estimated Construction Fees: $ 32,424.00
Choice
Financial Guarantee Options,choose one Amount Mark one
Bond = 100% $ 310,971.00
Completion Agreement= 100%/Holds Plat $ 310,971.00
Cash Escrow Water/Sanitary Sewer= 125% $ 188,610.00
Cash Escrow Paving/Storm Drain= 125% $ 200,103.75
Letter of Credit= 125% $ 388,713.75 x
City of Fort Worth,Texas Page 12 of 25
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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 DEVELOPER
FW COWAN PLACE,LP,
Dana Bu(cihd%ff a Texas limited partnership
Dana Burghdoff(Aug 7,2021 06:47 CDT)
Dana Burghdoff By: FW Cowan Place GP, LLC,
Assistant City Manager
a Texas limited liability company,
Date: Aug 7,2021 its general partner
Recommended by: By: Fort Worth Affordability, Inc.,
a Texas nonprofit corporation,
L41 `I ObG l` its sole member
Evelyn Roberts(Aug 2,2021 14:33 CDT)
Evelyn Roberts/JenniferEzemack Maryemons(Aug 02114:17 CDT)
,e
Project Assistant
Planning and Development Name: Mary-Margaret Lemons
Title: Secretary/Treasurer
Date: Aug 2,2021
Approved as to Form &Legality:
Richard A.McCracken(Aug 2,2021 15:53 CDT)
Richard A.McCracken
Sr.Assistant City Attorney
M&C No. N/A
Date:
Form 1295: N/A
a
ATTEST: °,ofp�*- -,:
FOR 4
�►° G��d Contract Compliance Manager:
�D�rGtG�l C70`IZGt�GI �o00 d
Ronald P.Gonzales(Aug 9,202108:18 CDT) 000 By signing, I acknowledge that I am the person
Ronald P. Gonzales ��
�c� responsible for the monitoring and
Acting City Secretary ��� 0°O°°°°0 .o ensuring all performancadministration of this e and r including
reporting
a nEXASoA
requirements.
9e=4f Ezegck 0-11t,6L�
Jennifer Ezernack on behalf of(Aug 2,2021 15:42 CDT
Name: Janie Scarlett Morales
Title: Development Manager
OFFICIAL RECORD
City of Fort Worth,Texas CITY SECRETARY
Standard Community Facilities Agreement
Rev.10/5/19[NPC] 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
❑X Attachment 1 - Changes to Standard Community Facilities Agreement
❑ Attachment 2—Phased CFA Provisions
❑ Attachment 3 —Concurrent CFA Provisions
❑X Location Map
❑X Exhibit A: Water Improvements
❑X Exhibit A-1: Sewer Improvements
❑X Exhibit B: Paving Improvements
❑ Exhibit B-1: Storm Drain Improvements
❑ Exhibit C: Street Lights and Signs Improvements
❑ Cost Estimates
(Remainder of Page Intentionally Left Blank)
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ATTACHMENT"1"
Changes to Standard Community Facilities Agreement
City Project No. 103219
None
City of Fort Worth,Texas Page 15 of 25
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ATTACHMENT 4
Additional Requirements
City Project No. 103219
WHEREAS, the Housing Authority for the City of Fort Worth doing business as Fort Worth
Housing Solutions("FWHS")is executing an agreement with the City relating to the Project by which the
City will pay Community Development Block Grant("CDBG")funds from the United States Department
of Housing and Urban Development to FWHS under certain conditions; and
WHEREAS,Fort Worth Affordability,Inc, a Texas nonprofit corporation("FWAI")is executing
agreements with the City relating to the Project by which the City will pay grant funds from the United
States Department of Housing and Urban Development through the HOME Investment Partnerships
Program ("HOME") and the Urban Development Action Grant ("UDAG") to FWAI under certain
conditions;and
WHEREAS, FWHS will execute a subrecipient agreement with FWAI in order for the CDBG
funds to be used for the benefit of the Project for eligible activities; and
WHEREAS,FWAI will enter into subloan agreements with FW Cowan Place,LP,a Texas Limited
Partnership("Owner")to provide the HOME, CDBG, and UDAG funds to Owner to be used for eligible
activities for the benefit of the Project; and
WHEREAS, Owner has hired Developer to construct the public infrastructure improvements
necessary to construct the Project;and
WHEREAS, the agreement between the City and Owner will require that certain provisions be
included in this Agreement;
NOW THEREFORE,in consideration of the foregoing,City and Developer agree as follows:
1. The Plans and construction for the Improvements shall (i) conform to all applicable
Federal, State, City and other local laws, ordinances, codes, rules and regulations, including the HOME
Regulations, CDBG regulations, and UDAG regulations; (ii) meet all City building codes; and (ii) must
pass a HUD Compliance Inspection Report and inspection by City's Neighborhood Services Department
inspectors.
2. The following sections must be included in bid documents and contracts or subcontracts
involving the use of United States Department of Housing and Urban Development(HUD)HOME,CDBG,
or UDAG funds.
2.1. Lead-Based Paint Requirements
If applicable,Developer will comply with Federal lead-based paint requirements including
lead screening in housing built prior to 1978 in accordance with 24 CFR Part 570.608 and 24 CFR
Part 35, subparts A, B, J, K, M, and R, and the Lead: Renovation, Repair and Painting Program
Final Rule,40 CFR Part 745,in any construction and/or rehabilitation of the Improvements.
2.2. Terms Applicable to Contractors, Subcontractors and Vendors
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Developer understands and agrees that all terms of this Agreement,whether regulatory or
otherwise, shall apply to any and all contractors, subcontractors and vendors of Developer which
are in any way paid with HOME funds or who perform any work in connection with the
Improvements. Developer shall cause all applicable provisions of this Agreement to be included
in and made a part of any contract or subcontract executed in the performance of its obligations
hereunder, including if applicable its obligations regarding the HOME Regulations, the HOME
Requirements,and the City Requirements during the Construction Period. Developer shall monitor
the services and work performed by its contractors,subcontractors,vendors and others on a regular
basis for compliance, as applicable, with the HOME Regulations, the HOME Requirements, and
the City Requirements as well as the Agreement provisions. Developer must cure all violations of
the HOME Regulations committed by its contractors, subcontractors or vendors. Developer
acknowledges that the provisions of this Section shall survive the earlier termination or
expiration of this Agreement and be applicable for the length of the Construction Period and
for 5 years thereafter.
2.3 Contractor,Vendor and Subcontractor Requirements
Developer will use commercially reasonable efforts to ensure that all contractors,
subcontractors or vendors utilized in the construction of the Improvements are appropriately
licensed and such licenses are maintained throughout the construction of the Improvements.
Developer shall ensure that all contractors, subcontractors or vendors utilized by Developer in the
construction of the Improvements are not debarred or suspended from performing the contractor's,
subcontractor's or vendor's work by the City, the State of Texas, or the Federal government.
Developer acknowledges that 24 CFR Part 85.35 forbids Developer from hiring or continuing
to employ any contractor, subcontractor or vendor that is listed on the Federal Excluded
Parties List System for Award Management,www.sam.gov("SAM"). Developermust confirm
by search of SAM that all contractors, subcontractors or vendors are not listed as being debarred,
both prior to hiring and prior to submitting a Partial Pay Estimate which includes invoices from
any such contractor, subcontractor or vendor. Failure to submit such rg oofs of search shall be
an event of default. In the event that City determines that any contractor,subcontractor or vendor
has been debarred,suspended,or is not properly licensed,Developer shall immediately cause such
contractor, subcontractor or vendor to stop work on the Improvements. However, this Section
should not be construed to be an assumption of any responsibility or liability by City for the
determination of the legitimacy,quality,ability, or good standing of any contractor, subcontractor
or vendor. Developer acknowledges that the provisions of this Section pertaining to SAM shall
survive the termination of this Agreement and be applicable for the length of the
Construction Period.
2.4. Environmental Review
Funds will not be paid, and costs cannot be incurred, until City has conducted and
completed an Environmental Review Record as required by 24 CFR Part 58. The environmental
review may result in a decision to proceed with,modify,or cancel the project.
3. Mitigation
If applicable,Developer must implement mitigation actions outlined in the Environmental Review
Record. Failure to complete the required mitigation action is an event of default under this
Agreement.
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4. Compliance With All Applicable Laws and Regulations
Developer agrees to comply fully with all applicable laws and regulations that are currently in effect
or that are hereafter amended during the term of this Agreement and throughout the Construction Period.
Those laws include,but are not limited to:
• HOME Investment Partnerships Act,defined above as"Act"
• CDBG Regulations found in 24 CFR Part 570.
• Title I of the Housing and Community Development Act of 1974, as amended, (42
USC 5301 et seq.)
• Title VI of the Civil Rights Act of 1964(42 U.S.C.Sections 2000d et seq.)including provisions
requiring recipients of federal assistance to ensure meaningful access by person of limited
English proficiency
• The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Sections 3601 et
seq.)
• Executive Orders 11063, 11246 as amended by 11375 and 12086 and as supplemented by
Department of Labor regulations 41 CFR,Part 60
• The Age Discrimination in Employment Act of 1967
• The Age Discrimination Act of 1975 (42 U.S.C. Sections 6101 et seq.)
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42
U.S.C. Sections 4601 et seq. and 49 CFR Part 24)("URA")
• Section 504 of the Rehabilitation Act of 1973(29 U.S.C. Sections 794 et seq.)and 24 CFR Part
8 where applicable
• National Environmental Policy Act of 1969, as amended, 42 U.S.C. sections 4321 et seq.
("NEPA")and the related authorities listed in 24 CFR Part 58.
• The Clean Air Act,as amended,(42 U.S.C. Sections 1251 et seq.) and the Clean Water Act of
1977,as amended(33 U.S.C. Sections 1251 etseq.)and the related Executive Order 11738 and
Environmental Protection Agency Regulations at 40 CFR Part 15. In no event shall any amount
of the assistance provided under this Agreement be utilized with respect to a facility that has
given rise to a conviction under the Clean Air Act or the Clean Water Act.
• Immigration Reform and Control Act of 1986 (8 U.S.C. Sections 1101 et seq.) specifically
including the provisions requiring employer verifications of legal status of its employees
• The Americans with Disabilities Act of 1990 (42 U.S.C. Sections 12101 et seq.), the
Architectural Barriers Act of 1968 as amended (42 U.S.C. sections 4151 et seq.) and the
Uniform Federal Accessibility Standards,24 CFR Part 40,Appendix A
• Regulations at 24 CFR Part 87 related to lobbying,including the requirement that certifications
and disclosures be obtained from all covered persons
• Drug Free Workplace Act of 1988(41 U.S.C. Sections 701 et seq.)and 24 CFR Part 23,Subpart
F
• Executive Order 12549 and 24 CFR Part 5.105(c)pertaining to restrictions on participation by
ineligible,debarred or suspended persons or entities
• Regulations at 24 CFR Part 983.6 for Site and Neighborhood Standards Review
• Section 6002 of the Solid Waste Disposal Act,as amended by the Resource Conservation and
Recovery Act
• Guidelines of the Environmental Protection Agency at 40 CFR Part 247
• For contracts and subgrants for construction or repair, Copeland "Anti-Kickback" Act (18
U.S.C. 874)as supplemented in 29 CFR Part 5
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• For construction contracts in excess of$2,000, and in excess of$2,500 for other contracts
which involve the employment of mechanics or laborers, Sections 103 and 107 of the Contract
Work Hours and Safety Standards Act(40 U.S.C. 327A 300)as supplemented by 29 CFR Part
5
• Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.), as amended by the
Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 et seq.) and
implementing regulations at 24 CFR Part 35, subparts A,B,M,and R
• Regulations at 24 CFR Part 92,Home Investment Partnerships Program Final Rule
• Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards,2 CFR Part 200 et seq.
• Federal Funding Accountability and Transparency Act of 2006,(Pub.L. 109-282, as amended
by Section 6205(a)of Pub.L. 110-252 and Section 3 of Pub.L. 113-101)
• Federal Whistleblower Regulations, 10 U.S.C. 2409, 41 U.S.C. 4712, 10 U.S.C. 2324, 41
U.S.C.4304 and 41 U.S.C.4310.
• Broadband Infrastructure Requirements, 24 CFR Part 5.100 and Section 706 of the
Telecommunications Act of 1996,47 U.S.C. 1302
• Violence Against Women Act of 1994,42 U.S.C. 13981
5. HUD-Assisted Projects and Employment and other Economic Opportunities; Section 3
Requirements
5.1. Requirement that Law Be Quoted in Covered Contracts. —Certain Requirements
Pertaining to Section 3 of the Housing and Urban Development Act of 1968 as Amended(12 U.S.C.
Sections 1701 et seq.) and its Related Rregulations at 24 CFR Part 135
If the construction of the Improvements will cause the creation of new employment,
training, or contracting opportunities on a Contractor or Subcontractor level resulting from the
expenditure of the HOME Funds, Developer shall comply with the following and will ensure that
its contractors and subcontractors also comply. If the work performed under this Agreement is
on a project assisted under a program providing direct Federal financial assistance from
HUD, Section 3 of 24 CFR 135.38 ("Section 3") requires that the following clause, shown in
italics,be inserted in all covered contracts("Section 3 Clause"):
Section to be quoted in covered contracts begins:
`A. The work to be performed under this contract is subject to the
requirements of Section 3 of Housing and Urban Development Act of
1968, as amended, 12 U.S.C. section 1701 u (Section 3). The purpose of
Section 3 is to ensure that employment and other economic opportunities
generated by HUD-assisted programs covered by Section 3, shall to the
greatest extent feasible, be directed to low-and very-low income persons,
particularly persons who are recipients ofHUD assistance for housing.
B. The parties to this contract agree to comply with HUD's
regulations in 24 CFR Part 135, which implement Section 3. As evidenced
by their execution of this contract, the parties to this contract certify that
they are under no contractual or other impediment that would prevent
them from complying with the Part 135 regulations.
C. The contractor agrees to send to each labor organization or
representative of workers with which it has a collective bargaining
agreement or other understanding, if any, a notice advising the labor
organization or workers'representatives of the contractor's commitments
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under this Section 3 clause and will post copies of the notice in
conspicuous places at the work site where both employees and applicants
for training and employment positions can seethe notice. The notice shall
describe the Section 3 preference,shall set forth minimum number and job
titles subject to hire, availability of apprentice and training positions, the
qualifications for each; and the name and location of the person(s) taking
applications for each of the positions; and the anticipated date the work
shall begin.
D. The contractor agrees that it will include this Section 3 clause in
every subcontract to comply with regulation in 24 CFR Part 135, and
agrees to take appropriate action, as provided in an applicable provision
of the subcontract or in this Section 3 clause, upon finding that the
subcontractor is in violation of the regulations in 24 CFR Part 135. The
contractor will not subcontract with any subcontractor where it has notice
or knowledge that the subcontractor has been found in violation of
regulations in 24 CFR 135.
E. The contractor will certify that any vacant employment positions,
including training positions that are filled.- (1) after the contractor is
selected but before the contract is executed, and (2) with persons other
than those to whom the regulations of 24 CFR Part 135 require
employment opportunities to be directed, were not filled to circumvent the
contractor's obligations under 24 CFR Part 135. The contractor will not
subcontract with any subcontractor where it has notice or knowledge that
the subcontractor has been found in violation of regulations in 24 CFR
135.
F. Noncompliance with HUD's regulation in 24 CFR Part 135 may
result in sanctions, termination of this contract for default, and debarment
or suspension from future HUD-assisted contracts.
G. With respect to work performed in connection with Section 3
covered Indian housing assistance, section 7(b) of the Indian Self-
Determination and Education Assistance Act(25 U.S.C.section 450e)also
applies to the work to be performed under this Contract. Section 7(b)
requires that to the greatest extent feasible (i) preference and
opportunities for training and employment shall be given to Indians, and
(ii)preference in the award of contracts and subcontracts shall be given
to Indian organizations and Indian-owned Economic Enterprises. Parties
to this contract that are subject to the provisions of Section 3 and Section
7(b) agree to comply with Section 3 to the maximum extent feasible, but
not in derogation of compliance with Section 7(b)."
Section to be quoted in covered contracts ends.
5.2. Developer Responsibilities for Section 3 Requirements
Developer understands and agrees that compliance with the provisions of Section 3, the
regulations set forth in 24 CFR Part 135, and all applicable rules and orders of HUD shall be a
condition of the Federal financial assistance provided to the Project binding upon City and
Developer, and their respective successors, assigns, contractors and subcontractors. Failure to
fulfill these requirements shall subject Developer and its contractors, subcontractors and vendors
and their respective successors and assigns to those sanctions specified by this Contract through
which Federal assistance is provided and to such sanctions as are specified by 24 CFR Part 135.
City of Fort Worth,Texas Page 20 of 25
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Developer's responsibilities include:
5.2.1. Implementing procedures to notify Section 3 residents and business
concerns about training, employment, and contracting opportunities generated by Section
3 covered assistance;
5.2.2. Notifying potential contractors working on Section 3 covered projects of
their responsibilities;
5.2.3. Facilitating the training and employment of Section 3 residents and the
award of contracts to Section 3 business concerns;
5.2.4. Assisting and actively cooperating with the NSD in making contractors
and subcontractors comply;
5.2.5. Refraining from entering into contracts with contractors that are in
violation of Section 3 regulations;
5.2.6. Documenting actions taken to comply with Section 3;and
5.2.7. Submitting Section 3 Annual Summary Reports (form HUD-60002) in
accordance with 24 CFR Part 135.90.
5.3. Section 3 Reporting Requirements.
5.3.1. Developer must report all applicants for employment by Developer and
any contractor or subcontractor to City on an annual basis. This shall include name,
address, zip code, date of application, and status (hired/not-hired) as of the date of the
report.
5.3.2. Developer must advertise available positions to the public for open
competition, and provide documentation to City with a quarterly report that demonstrates
such open advertisement,in the form of printout of Texas Workforce Commission posting,
copy of newspaper advertisement,copy of flyers and listing of locations where flyers were
distributed, and the like.
5.3.3. Developer must report all contracts awarded by Developer, contractors
and subcontractors to City on an annual basis. This shall include name of contractor and/or
subcontractor,address,zip code, and amount of award as of the date of the report.
6. Prohibition Against Discrimination
6.1. General Statement
Developer,in the execution,performance or attempted performance of this Agreement,and
in operation of services provided on the Property, shall comply with all non-discrimination
requirements of 24 CFR 570.607 and the ordinances codified at Chapter 17,Article III,Division 4
—Fair Housing of the City Code. Developer may not discriminate against any person because of
race, color, sex, gender,religion,national origin, familial status, disability or perceived disability,
sexual orientation, gender identity, gender expression, or transgender, nor will Developer permit
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its officers, members, agents, employees, vendors, or project participants to engage in such
discrimination.
This Agreement is made and entered into with reference specifically to the ordinances
codified at Chapter 17, Article III, Division 3 - Employment Practices of the City Code, and
Developer hereby covenants and agrees that Developer, its officers,members, agents, employees,
vendors,and contractors,have fully complied with all provisions of same and that no employee,or
applicant for employment has been discriminated against under the terms of such ordinances by
either or its officers,members,agents,employees,vendors,or contractors.
6.2. No Discrimination in Employment during the Performance of this Contract
During the performance of this Agreement, Developer agrees to the following provision,
and will require for the construction of the Improvements that its contractors, subcontractors and
vendors also comply with such provision by including it in all contracts with its contractors,
subcontractors or vendors:
[Contractor's, Subcontractor's or Vendor's Name] will not unlawfully
discriminate against any employee or applicants for employment because of race, color,
sex, gender, religion, national origin, familial status, disability or perceived disability,
sexual orientation, gender identity, gender expression or transgender. [Contractor's,
Subcontractor's or Vendor's Name] will take affirmative action to ensure that applicants
are hired without regard to race,color,sex,gender,religion,national origin,familial status,
disability or perceived disability, sexual orientation,gender identity,gender expression or
transgender and that employees are treated fairly during employment without regard to
their race, color, sex, gender, religion, national origin, familial status, disability or
perceived disability, sexual orientation,gender identity,gender expression or transgender.
Such action shall include, but not be limited to, the following: employment, upgrading,
demotion or transfer,recruitment or recruitment advertising,layoff or termination,rates of
pay or other forms of compensation, and selection for training, including apprenticeship.
[Contractor's, Subcontractor's or Vendor's Name] agrees to post in conspicuous places,
available to employees and applicants for employment,notices setting forth the provisions
of this nondiscrimination clause.
[Contractor's, Subcontractor's or Vendor's Name] will, in all solicitations or
advertisements for employees placed by or on behalf of[Contractor's, Subcontractor's or
Vendor's Name], state that all qualified applicants will receive consideration for
employment without regard to race, color, sex, gender, religion, national origin, familial
status, disability or perceived disability, sexual orientation, gender identity, gender
expression or transgender.
[Contractor's,Subcontractor's or Vendor's Name]covenants that neither itnor any
of its officers,members, agents, employees, or contractors, while engaged in performing
this Contract, shall, in connection with the employment, advancement or discharge of
employees or in connection with the terms, conditions or privileges of their employment,
discriminate against persons because of their age or because of any disability or perceived
disability, except on the basis of a bona fide occupational qualification,retirement plan or
statutory requirement.
City of Fort Worth,Texas Page 22 of 25
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[Contractor's,Subcontractor's or Vendor's Name] further covenants that neither
it nor its officers, members, agents, employees, contractors, or persons acting on their
behalf, shall specify, in solicitations or advertisements for employees to work on this
Contract, a maximum age limit for such employment unless the specified maximum age
limit is based upon a bona fide occupational qualification, retirement plan or statutory
requirement.
6.3. Developer's Contractors and the ADA
In accordance with the provisions of the Americans With Disabilities Act of 1990
("ADA"),Developer warrants that it and any of its contractors will not unlawfully discriminate on
the basis of disability in the provision of services to the general public,nor in the availability,terms
and/or conditions of employment for applicants for employment with, or employees of Developer
or any of its contractors. DEVELOPER WARRANTS IT WILL FULLY COMPLY WITH
ADA'S PROVISIONS AND ANY OTHER APPLICABLE FEDERAL, STATE AND
LOCAL LAWS CONCERNING DISABILITY AND WILL DEFEND, INDEMNIFY AND
HOLD CITY HARMLESS AGAINST ANY CLAIMS OR ALLEGATIONS ASSERTED BY
THIRD PARTIES OR CONTRACTORS AGAINST CITY ARISING OUT OF
DEVELOPER'S AND/OR ITS CONTRACTORS', AGENTS' OR EMPLOYEES'
ALLEGED FAILURE TO COMPLY WITH THE ABOVE-REFERENCED LAWS
CONCERNING DISABILITY DISCRIMINATION IN THE PERFORMANCE OF THIS
AGREEMENT.
7. Labor Standards
7.1. As applicable,Developer agrees to comply with the requirements of the Secretary
of Labor in accordance with the Davis-Bacon Act(40 U.S.C. 276a-7) as amended, the provisions
of Contract Work Hours and Safety Standards Act(40 U.S.C. 327 et seq.)and all other applicable
Federal, State and local laws and regulations pertaining to labor standards insofar as those acts
apply to the performance of this Agreement. Developer agrees to comply with the Copeland Anti-
Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the United States
Department of Labor at 29 CFR Part 5. Developer shall maintain documentation that demonstrates
compliance with hour and wage requirements of this Agreement and the CDBG Regulations. Such
documentation shall be made available promptly to City for review upon request.
7.2. Contractor agrees that,where required by the CDBG Regulations, all contractors
engaged under contract for construction, renovation or repair work financed in whole or in part
with assistance provided under this Contract, shall comply with Federal requirements adopted by
City pertaining to such contracts and with the applicable requirements of the regulations of the
Department of Labor under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio
of apprentices and trainees to journey workers; provided that, if wage rates higher than those
required under these regulations are imposed by state or local law, nothing hereunder is intended
to relieve Contractor of its obligation, if any, to require payment of the higher wage. Contractor
shall cause or require to be inserted in full provisions meeting the requirements of this paragraph
in all such contracts subject to such regulations.
7.3. If applicable, Contractor and all lower tier subcontractors will comply with the
Davis-Bacon Act as described and attached as Federal Labor Standards Provisions — Davis-
Bacon Requirements (form HUD-4010). Contractor shall provide City access to employee
payrolls, Subcontractor payrolls and other wage information for persons performing construction
City of Fort Worth,Texas Page 23 of 25
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of the Project. Payrolls must be submitted to the Neighborhood Services Department weekly, and
must be available to Neighborhood Services Department staff upon request. In addition,Contractor
shall ensure that City will have access to employees and Subcontractors and their employees in
order to conduct onsite interviews with laborers and mechanics. Contractor shall inform its
Subcontractors that City staff and/or Federal agencies may conduct periodic employee wage
interview visits during the construction of the Work to ensure compliance.
8. Subcontracting with Small and Minority Firms,Women's Business Enterprises and Labor
Surplus Areas
8.1. For procurement contracts $50,000.00 or larger, Developer agrees to abide by
City's policy to involve Minority Business Enterprises and Small Business Enterprises and to
provide them equal opportunity to compete for contracts for construction, provision of
professional services,purchase of equipment and supplies and provision of other services required
by City. Developer agrees to incorporate the City's BDE Ordinance, and all amendments or
successor policies or ordinances thereto, into all contracts and subcontracts for procurement
$50,000.00 or larger, and will further require all persons or entities with which it so contracts to
comply with said ordinance.
8.2. It is national policy to award a fair share of contracts to disadvantaged business
enterprises ("DBEs"), small business enterprises ("SBEs"), minority business enterprises
("MBEs"),and women's business enterprises("WBEs"). Accordingly, affirmative steps must be
taken to assure that DBEs, SBEs, MBEs, and WBEs are utilized when possible as sources of
supplies,equipment,construction and services.
8.3. In order to comply with Federal reporting requirements, Developer must submit
the form Contract and Subcontract Activity(form HUD-2516) for each contract or subcontract
with a value of$10,000.00 or more paid or to be paid with the CDBG Funds. Developer shall
submit this form annually by the date specified in the form and in the manner and to the person
identified in writing,which shall be provided to Developer at the pre-construction conference.
9. Right to Inspect Contractor Contracts
It is agreed that City has the right to inspect and approve in writing, prior to any charges being
incurred, any proposed contracts between Developer and (i) its Contractors, including any lower tier
subcontractors engaged in any activity that is funded as a part of the construction of the Improvements
to ensure they contain Davis-Bacon Act and Section 3 requirements, (ii) Vendor contracts arising out
of the construction of the Improvements,and (iii) any third party contracts to be paid with CDBG Funds.
10. Certification Regarding Lobbying
The undersigned representative of Developer hereby certifies, to the best of his or her knowledge
and belief,that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of
Developer, to any person for influencing or attempting to influence an officer or employee
of any Contractor, a member of Congress, an officer or employee of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement and the
City of Fort Worth,Texas Page 24 of 25
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extension, continuation, renewal, amendment, or modification of any Federal contract,
grant, loan or cooperative agreement.
If any funds other than federally appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any Contractor,
member of Congress in connection with this Federal contract, grant, loan or cooperative
agreement,Developer shall complete and submit Standard Form-LLL, `Disclosure Form
to Report Lobbying,"in accordance with its instructions.
This certification is a material representation offact upon which reliance was placed when
this Agreement was made or entered into. Submission of this certificate is a prerequisite
for making or entering into this Agreement imposed by 31 U.S.C. Section 1352. Any person
who fails to file the required certification shall be subject to a civil penalty of not less than
$107 000.00 and not more than$100,000.00 for each such failure.
Developer shall require that the language of this certification be included in all subcontracts
or agreements involving the expenditure of federal funds.
DEVELOPER
FW COWAN PLACE,LP,
a Texas limited partnership
By: FW Cowan Place GP, LLC,
a Texas limited liability company,
its general partner
By: Fort Worth Affordability, Inc.,
a Texas nonprofit corporation,
its sole member
Mary-Mar et Lemons(Aug 02114:17 CDT)
Name: Mary-Margaret Lemons
Title: Secretary/Treasurer
Developer agrees that Developer is bound by the terms and conditions set out in this Attachment
and further agrees that this Attachment is part of the Contract Documents and is incorporated into the
Agreement for all purposes.
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COWAN PLACE
CITY PROJECT NO.103219
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Pmposal
Bidlist Item Unit of Bid Unit Price Bid Value
Description Specification Section No. Measure Quantity
No.
UNIT I:WATER IMPROVEMENTS
1 3305.0109 Trench Safety _ _ 33 05 10 LF 122 $100 $122.00
2 3311.0141 6'Water Pipe 33 11 10,3311 12 LF 122 $112.00 $13,664.b0
3 3312.1.0001 Fire„Hydrant 331240 EA 1 $3,419.06 $3,419.ib0
4 31312.2203 2"Water Service 331210 EA 1 $1,831.00 $1,831.00
5 3312.4106 12'x 6'Tapping Sleeve&Valve 33 1225 EA 3 $4,904.00 $14,712.00
6 3312.2802 4'Water Meter and Vault,. 33 12 11 EA 1 $17 500..00 $17,500.00
7 3312.0002 Water Sampling Station 33 12 50 EA 2 $3,625.00 $3,625;00
8 $0.00
9 _ _ $0.00
TOTAL UNIT I:WATER IMPROVEMENTS $54 873.00
This Bid is submitted by the entity named below:
BIDDER: BY:David Hutchinson
Ramsey Contraction,Inc.
4329 Reeder Dr
Carrollton,Tx 75010 TITLE:project Manager
DATE:
Contractor agrees to complete WORK for FINAL ACCEPTANCE within 100 working days after the date wh¢n the
CONTRACT commences to ran as provided in the General Conditions.
UIEW IMPROVEMENTS
1 3339.1001 4'Manhole 33 39 10,33,39 20 EA.._....__ 3 _..it
344._0
2 3331.4119 8"DIP Sewer Pipe $33 11 10 LF 87 $75A0 6,52b., 0_
_.. ..
3 3331.4116 8"Sewer Pipe,CSS Backflll 33 11 10,33 31 12,
33 31 20 LF 40
4 3331.4115 8"Sewer Pi 33 11 10,33 31 12,
Pe 3331 20 LF 210
$103.00. $21,630..0,
5_ 303331.3313 8 Sewer.Sery ctionice Reconne 33 31 50 EA 1 $875.00 ...,. 0
.......
5 35,1103 20"Casing By.Other Than Open Cut 3305 22 LF 87 $55600 .. _$48,372 .,0,
7 3305.0113 Trench Water Stops 33 05 15.............. _._.... EA 3 — ....... ...$250 00 . . .........$750..)0.
8. 33050109...TrenchSafety........ ....._ ........ 330510 ........... .._._ LF ............. 380....._....._ .. $1....00... ..........$380.._0.
9 3301.0101 Manhole Vacuum Testing 33 01 30 EA 3 $250.00 $750,_0
_...
10 3301.0002 Post-CCTV Inspection 33 01 31 LF 337 $2.00 $674 0,
1..1 3339.10031 4 ExtraDepthManhole .,....... 333910 333920 ___, VF ,,,,,,-,. 101 ,,.__ $150,.0 $1,515 0.
.._..... ---- ....... .. ......... . ..
12 $0. 0
TOTAL UNIT If:SEWER IMPROVEMENTS1 $96 015. 0
This Bid is submitted by the entity named below:
BIDDER: BY:David Hutchinson
Ramsey Contraction,Inc.
4329 Reeder Dr
Carrollton,Tx 75010 TITLE. roject Manager
DATE:
Contractor agrees to complete WORK for FINAL ACCEPTANCE within 100 working days after the date wh n the
CONTRACT commences to run as provided in the General Conditions.
UNIT III:PAVING IMPROVEMENTS
1 0241.1000 Remove Conc Pvmt 02 41 15 Sy 542 $54_00 $29 268._0
- —
2 3471.0001 Traffic Control 34 71-13 MO 1 $9,29900. $9,299. 0..
3 3213.0203 8"C I.onc Pvmt HES 32 13 13 ,...... ............ Sy _,_542 ......_ $198 00
....... _
4 3291.0100 Topsoil 3291 19 CY 30 $100.00 $3 000 0
5 3292.0100 Block Sod Placement 32 92 6 _ SY _ 112 $100.00„ $11 200_0
6 3201.0201 Asphalt Pvmt Repair Beyond Defined Width,Residential 32 01 17 �___-._., SY .,,,..,... 75.__,__,.. ..... ...................... .$0 .0
.. ... ..._ ..... . ...
13 .......................$4_._o.
_.._.
_ $0. 0
14 _ .,.. _..__
_ _
$0. 0
.._..... ......... . ._....._ ......_ ........ .......... 0'..-I..
1-8 --..... _. .... ..... -
17 .... $0..0..
_..
18 0
2g _ _
0 $0 00
21 _.__. .. _ ..__..._ ._ Q..QQ.
.-_ .- -- --.._. .... .......--_. .
22 _.. _.._.._..._ $000
........ . ._
$0 00
24 - --
25... .. ........_.. . . _............. _. _..__.-.
$0 00
_._.
$000
$0 00
28 —._..__.-.-.__ _._.._ $0 00
29 _. _ 00....
.. . .... .. _.. _ _ _._...
$0 00
- 1999
$0 00
33
TOTAL UNIT III:PAVING IMPROVEMENTS $160 083.00
This Bid is submitted by the entity named below:
BIDDER: BY:David Hutchinson
Ramsey Contraction,Inc.
4329 Reeder Dr
Carrollton,Tx 75010 TITLE: oject Manager
DATE:
Contractor agrees to complete WORK for FINAL ACCEPTANCE within 100 working days after the date wt en the
CONTRACT commences to run as provided in the General Conditions.
Bid Summary
UNIT I:WATER IMPROVEMENTS .............. 0
UNIT I:SEWER IMPROVEMENTS
UNIT II:PAVING IMPROVEMENTS __—_„_._,.........,,,,.,__$160,083. 0,
$0 00
$0 00
Total Construction Bid $310,971 00
This Bid is submitted by the entity named below:
BIDDER: BY:Da�Huson
Ramsey Contraction,Inc.
4329 Reeder Dr
Carroilton,Tx 75010 TITLE.loproject Manager
DATE:
Contractor agrees to complete WORK for FINAL ACCEPTANCE within too working days after the date when the
CONTRACT commences to run as provided in the General Conditions.
END OF SECTION
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