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Contract 57480
Received Date: May 3,2022 Received Time: 11:49 am Developer and Project Information Cover Sheet: Developer Company Name: Broadway Acquisition LP Address, State,Zip Code: 215 S.Main St,Fort Worth,TX, 76104 Phone &Email: 817-693-1200,brian&mavdevgroup.com Authorized Signatory,Title: Brian Crowell,Manager Project Name: Broadway Multifamily Brief Description: Water, Sewer,Paving, Street Lights Project Location: 218 W.Broadway Ave,Fort Worth,TX, 76104 Plat Case Number: Plat Name: Smith-Jones&Daggett Addition Mapsco: Not Provided Council District: 9 CFA Number: CFA22-0004 City Project Number: 103752 1 IPRC21-0124 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth,Texas Page 1 of 17 Standard Community Facilities Agreement with City Participation Rev.4/2/20 City Secretary Number: 57480 STANDARD COMMUNITY FACILITIES AGREEMENT WITH CITY PARTICIPATION This COMMUNITY FACILITIES AGREEMENT("Agreement") is made and entered into by and between the City of Fort Worth ("City"), a home-rule municipal corporation of the State of Texas, acting by and through its duly authorized Assistant City Manager, and Broadway Acquisition 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 Broadway Multifamily("Project"); and WHEREAS, the City desires to ensure that all developments are adequately served by public infrastructure and that the public infrastructure is constructed according to City standards; and WHEREAS, as a condition of approval of the Project, Developer is required to bear a portion of the costs of municipal infrastructure by constructing the public infrastructure necessary for the Project as described in this Agreement("Community Facilities"or"Improvements");and WHEREAS,as a condition of approval of the Project,Developer is required to meet the additional obligations contained in this Agreement,and Developer may be required to make dedications of land,pay fees or construction costs,or meet other obligations that are not a part of this Agreement; and WHEREAS, the City desires to participate in this Agreement in an amount not to exceed $74,950.13 to enlarge the scope of the Improvements beyond what Developer is responsible for constructing for Developer's private development by replacing approximately 361 linear feet of 6-inch water main adjacent to West Broadway Avenue with an 8-inch water main, replacing approximately 208 linear feet of 6-inch sanitary sewer main in Galveston Avenue right-of-way with an 8-inch sanitary sewer main,and associated paving improvements ("City Participation"); and WHEREAS, the City Participation includes reimbursement to Developer in an amount not to exceed$60,968.51 for construction costs,$7,500.00 for engineering costs,and$843.62 for material testing. The remaining City Participation in the amount of$5,638.00 will cover the City's portion of construction inspection service fees, administrative material testing service fees, and water testing lab fees, which will not be paid to Developer; and WHEREAS, the Developer and the City desire to enter into this Agreement in connection with the collective Improvements for the Project; City of Fort Worth,Texas Page 2 of 17 Standard Community Facilities Agreement with City Participation Rev.4/2/20 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 approved by the City ("Engineering Plans")are incorporated into this Agreement by reference as if fully set out herein. Developer shall provide at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to construct the Improvements required by this Agreement. 3. Description of Improvements; Exhibits and Attachments The following exhibits describe the general location, nature and extent of the Improvements that are the subject of this Agreement and are attached hereto and incorporated herein by reference: ❑X Exhibit A: Water ❑X Exhibit A-1: Sewer ❑X Exhibit B: Paving ❑ Exhibit B-1: Storm Drain ❑X 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 City of Fort Worth,Texas Page 3 of 17 Standard Community Facilities Agreement with City Participation Rev.4/2/20 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"). If construction of the Improvements has started during the Term, the Developer may request that this Agreement be extended for an additional period of time ("Extension Period"). All Extension Periods shall be agreed to in writing by the City and the Developer as set forth in a written amendment to this Agreement. In no event shall the Term of this Agreement plus any Extension Periods be for more than three years. 7. Failure to Construct the Improvements (a) The City may utilize the Developer's Financial Guarantee to cause the completion of the construction of the Improvements if at the end of the Term, and any Extension Periods, the Improvements have not been completed and accepted by the City. If the Improvements are not completed at the end of the Term, and any Extension Periods, there will be no further obligation for City Participation to be paid to the Developer. (b) The City may utilize the Developer's Financial Guarantee to cause the completion of the construction of the Improvements or to cause the payment of costs for construction of the Improvements before the expiration of the Term, and any Extension Period, if the Developer breaches this Agreement,becomes insolvent,or fails to pay costs of construction. (c) If the Financial Guarantee is a Completion Agreement and the Developer's contractors or suppliers are not paid for construction costs or materials supplied for the Improvements the contractors and suppliers may place a lien upon any property which the City does not have an ownership interest that is the subject of the Completion Agreement. (d) Nothing contained herein is intended to limit the Developer's obligations under the CFA Ordinance, this Agreement, the Financial Guarantee, Developer's agreements with Developer's contractors,or other related agreements. 8. Termination City of Fort Worth,Texas Page 4 of 17 Standard Community Facilities Agreement with City Participation Rev.4/2/20 If Developer desires to terminate this Agreement before Developer's contractors begin constructing the Improvements, Developer agrees to the following: (a) that Developer and City must execute a termination of this Agreement in writing; (b) that Developer will vacate any final plats that have been filed with the county where the Project is located; and (c) to pay to the City all costs incurred by the City in connection with this Agreement, including time spent by the City's inspectors at preconstruction meetings. 9. Award of Construction Contracts (a) Developer will award all contracts for the construction of the Improvements and cause the Improvements to be constructed in accordance with the CFA Ordinance. (b) Developer will employ construction contractors who meet the requirements of the City to construct the Improvements including,but not limited,to being prequalified,insured,licensed and bonded to construct the Improvements in the City. (c) Developer will require Developer's contractors to provide the City with payment and performance bonds naming the City and the Developer as dual obligees, in the amount of one hundred percent (100%) of the cost of the Improvements as required by the CFA Ordinance. The payment and performance bonds shall guarantee construction of the Improvements and payment of all subcontractors and material suppliers. Developer agrees to require Developer's contractors to provide the City with a maintenance bond naming the City as an obligee, in the amount of one hundred percent(100%) of the cost of the Improvements, that guarantees correction of defects in materials and workmanship for the Improvements by the contractor and surety for a period of two (2)years after completion and final acceptance of the Improvements by the City. All bonds must be provided to the City before construction begins and must meet the requirements of the City's Standard Conditions,Chapter 2253 of the Texas Government Code,and the Texas Insurance Code. (d) Developer will require Developer's contractors to provide the City with insurance equal to or in excess of the amounts required by the City's standard specifications and contract documents for developer-awarded infrastructure construction contracts. The City must be named as an additional insured on all insurance policies. The Developer must provide the City with a Certificate of Insurance (ACORD or form approved by the State of Texas), supplied by each contractor's insurance provider,which shall be made a part of the Project Manual. (e) Developer will require the Developer's contractors to give forty-eight(48)hours' advance notice of their intent to commence construction of the Improvements to the City's Construction Services Division so that City inspection personnel will be available. Developer will require Developer's contractors to allow construction of the Improvements to be subject to inspection at any and all times by the City's inspectors. Developer will require Developer's contractors to not install or relocate any sanitary sewer, storm drain,or water pipe unless a City inspector is present and gives consent to proceed, and to allow such laboratory tests as may be required by the City. (f) Developer will not allow Developer's contractors to begin construction of the Improvements until a notice to proceed to construction is issued by the City. City of Fort Worth,Texas Page 5 of 17 Standard Community Facilities Agreement with City Participation Rev.4/2/20 (g) Developer will not allow Developer's contractors to connect buildings to service lines of sewer and water mains constructed pursuant to this Agreement, if any, until said sewer, water mains and service lines have been completed to the satisfaction of the City. (h) Developer shall ensure the contractors are paid the City's wage rates in effect during construction of the Improvements. 10. Utilities Developer shall cause the installation or adjustment of utilities required to: (1) serve the Project; and (2) to construct the Improvements required herein. City shall not be responsible for payment of any costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with any of the Improvements to be constructed pursuant to this Agreement. 11. Easements and Rights-of-Way Developer agrees to provide,at its expense,all necessary rights-of-way and easements required for the construction and dedication to the City of the Improvements provided for by this Agreement. 12. Liability and Indemnification (a) DEVELOPER HEREBY RELEASES AND AGREES TO INDEMNIFY, DEFEND AND HOLD THE CITY HARMLESS FOR ANY INADEQUACIES IN THE PRELIMINARY PLANS, SPECIFICATIONS, ENGINEERING PLANS, AND COST ESTIMATES SUPPLIED BY THE DEVELOPER FOR THIS AGREEMENT. (b) THE DEVELOPER COVENANTS AND AGREES TO,AND BY THESE PRESENTS DOES HEREBY FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS,AGENTS AND EMPLOYEES FROM ALL SUITS,ACTIONS OR CLAIMS OF ANY CHARACTER, WHETHER REAL OR ASSERTED,BROUGHT FOR OR ONACCOUNT OFANYINJURIES OR DAMAGES SUSTAINED B YANY PERSONS,INCL UDING 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 PROPERL Y SAFEGUARD THE WORK, OR ONACCOUNT OF ANY ACT,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 City of Fort Worth,Texas Page 6 of 17 Standard Community Facilities Agreement with City Participation Rev.4/2/20 ACCOUNT OF ANY INJURIES OR DAMAGES TO PERSONS OR PROPERTY, INCLUDING DEATH,RESULTING FROM, OR INANY WAY CONNECTED WITH, THE CONSTRUCTION OF THE IMPROVEMENTS CONTEMPLATED HEREIN, WHETHER OR NOT SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS, SERVANTS, OR EMPLOYEES. FURTHER, DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES SUFFERED BY THE CITY OR CAUSED AS A RESULT OF SAID CONTRACTORS' FAILURE TO COMPLETE THE WORK AND CONSTRUCT THE IMPROVEMENTS IN A GOOD AND WORKMANLIKE MANNER, FREE FROM DEFECTS,IN CONFORMANCE WITH THE CFA ORDINANCE, AND INACCORDANCE WITH ALL PLANS AND SPECIFICATIONS. 13. Right to Enforce Contracts Upon completion of all work associated with the construction of the Improvements,Developer will assign to the City a non-exclusive right to enforce the contracts entered into by Developer with its contractors,along with an assignment of all warranties given by the contractors,whether express or implied. Further,Developer agrees that all contracts with any contractor shall include provisions granting to the City the right to enforce such contracts as an express intended third party beneficiary of such contracts. 14. Estimated Fees Paid by Developer; Reconciliation Prior to execution of this Agreement,Developer has paid to the City the Developer's portion of 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 Developer's portion 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 Developer's portion 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 of the Developer's portion 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 obtainproof from the material testing laboratories that the material testing laboratories have been paid in full by the Developer before the City will accept the Improvements. City of Fort Worth,Texas Page 7 of 17 Standard Community Facilities Agreement with City Participation Rev.4/2/20 16. Notices All notices required or permitted under this Agreement may be given to a party by hand- delivery or by mail, addressed to such party at the address stated below. Any notice so given shall be deemed to have been received when deposited in the United States mail so addressed with postage prepaid: CITY: DEVELOPER: Development Coordination Office Broadway Acquisition LP City of Fort Worth 215 S. Main St. 200 Texas Street Fort Worth, TX, 76104 Fort Worth, Texas 76102 With copies to: City Attorney's Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 and City Manager's Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 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 City of Fort Worth,Texas Page 8 of 17 Standard Community Facilities Agreement with City Participation Rev.4/2/20 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. 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. City of Fort Worth,Texas Page 9 of 17 Standard Community Facilities Agreement with City Participation Rev.4/2/20 22. Headings The paragraph headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. 23. Severability In the event that any clause or provision of this Agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not affect any of the remaining provisions hereof. 24. Review of Counsel City and Developer, and if they so choose,their attorneys, have had the opportunity to review and comment on this document;therefore any rule of contract construction or interpretation that would normally call for the document to be interpreted as against the drafting party shall not apply in interpretation of this Agreement, and each section, portion, and provision of this Agreement shall be construed solely on the basis of the language contained therein, regardless of who authored such language. 25. Prohibition on Boycotting Israel Developer acknowledges that in accordance with Chapter 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. Prohibition on Boycotting Energy Companies Developer acknowledges that in accordance with Chapter 2274 of the Texas Government Code,as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2,the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meanings ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is City of Fort Worth,Texas Page 10 of 17 Standard Community Facilities Agreement with City Participation Rev.4/2/20 applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 27. Prohibition on Discrimination Against Firearm and Ammunition Industries Developer acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code,as added by Acts 2021,87th Leg.,R.S.,S.B. 19, § 1,the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice,policy, guidance, or directive that discriminates against a firearm entity or firearm trade association;and(2)will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code,as added by Acts 2021, 87th Leg.,R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not have a practice,policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 28. Immigration and Nationality Act Developer shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Developer shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Developer shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Developer employee who is not legally eligible to perform such services.DEVELOPER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY DEVELOPER, DEVELOPER'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. 29. Amendment No amendment,modification, or alteration of the terms of this Agreement shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by the City and Developer. 30. Assignment and Successors Developer shall not assign or subcontract all or any part of its rights,privileges,or duties under this Agreement without the prior written consent of City. Any attempted assignment or subcontract without the City's prior written approval shall be void and constitute a breach of this Agreement. City of Fort Worth,Texas Page 11 of 17 Standard Community Facilities Agreement with City Participation Rev.4/2/20 31. No Third-Party Beneficiaries The provisions and conditions of this Agreement are solely for the benefit of the City and Developer, and any lawful assign or successor of Developer, and are not intended to create any rights, contractual or otherwise,to any other person or entity. 32. Compliance with Laws, Ordinances,Rules and Regulations Developer, its officers, agents, servants, employees, and contractors, shall abide by and comply with all laws, federal, state and local, including all ordinances, rules and regulations of City. It is agreed and understood that,if City calls to the attention of Developer any such violation on the part of Developer or any of its officers, agents, servants, employees, or subcontractors, then Developer shall immediately desist from and correct such violation. 33. Signature Authority The person signing this Agreement on behalf of Developer warrants that he or she has the legal authority to execute this Agreement on behalf of the Developer, and that such binding authority has been granted by proper order,resolution,ordinance or other authorization of the entity. The City is fully entitled to rely on this warranty and representation in entering into this Agreement. 34. Counterparts This Agreement may be executed in multiple counterparts, each of which will be deemed an original, but which together will constitute one instrument. 35. Entire Agreement This written instrument, together with any attachments, exhibits, and appendices, constitutes the entire understanding between the City and Developer concerning the work to be performed hereunder, and any prior or contemporaneous, oral or written agreement that purports to vary from the terms hereof shall be void. 36. City Participation; Fiscal Funding Limitation (a) The City shall reimburse Developer for the City Participation in an amount not to exceed $60,968.51 for construction costs, $7,500.00 for engineering costs, and $843.62 for material testing. The remaining City Participation in the amount of$5,638.00 will not be paid to Developer by the City,but will be used by the City to pay the City's share of construction inspection service fees,administrative material testing service fees,and water testing lab fees. The City Participation will be paid to Developer after presentation of proper documentation by Developer to the City that the Improvements have been constructed and accepted by the City and all contractors and material suppliers have been paid. The Developer must register as a vendor of the City in order for the City to pay the City Participation to the Developer. The City Participation was calculated as follows: City of Fort Worth,Texas Page 12 of 17 Standard Community Facilities Agreement with City Participation Rev.4/2/20 Broadway Multifamily Ci Participation Cost Share Exhibit IRPC21-0124 CPN 103752 Contractor Unit prices CFW 2019 CIA UNIT PRICES Lowest bid Bid Unit of Bid City Cost list Description Measure Quantity Unit Price Bid Value Unit Price Bid Value participation Item No. Water 1 Remove 4"Water valve EA 1 $300.00 $300.00 $233.75 $233.75 $233.75 2 Salvage 1"Water Meter EA 1 $1,000.00 $1,000.00 $120.24 $120.24 $120.24 Ductile Iron Water Fittings 3 w/Restramt TON 0.2 $40,000.00 $8,000.00 $5,562.47 $1,112.49 $1,112.49 4 8"PVC Water Pipe LF 361 $120.00 $43,320.00 $46.54 $16,800.94 $16,800.94 Connection to Existing 4"-12" 5 Water main EA 4 $3,500.00 $14,000.00 $2,176.33 $8,705.32 $8,705.32 6 8"Gate Valve EA 4 $1,500.00 $6,000.00 $1,414.66 $5,658.64 $5,658.64 7 Trench Safety LF 361 $5.00 $1,805.00 $1.12 $404.32 $404.32 Sewer 1 Remove 6"Sewer line LF 30 $100.00 $3,000.00 $20.00 $600.00 $600.00 2 Pre-CCTV Inspection LF 208 $10.00 $2,080.00 $2.98 $619.84 $619.84 3 Post-CCTV Inspection LF 208 $10.00 $2,080.00 $1.95 $405.60 $405.60 4 Manhole Vacuum Testing EA 1 $150.00 $150.00 $174.87 $174.87 $150.00 5 Trench Safety LF 208 $5.00 $1,040.00 $1.12 $232.96 $232.96 6 Concrete Collar EA 1 $500.00 $500.00 $479.92 $479.92 $479.92 7 6"Sewer Service EA 2 $2,500.00 $5,000.00 $195.77 $391.54 $391.54 8 8"Sewer Pipe LF 152 $120.00 $18,240.00 $49.38 $7,505.76 $7,505.76 9 8"Sewer Pipe,CSS Backfill LF 64 $130.00 $8,320.00 $91.11 $5,831.04 $5,831.04 10 4'Manhole EA 1 $26,000.00 $26,000.00 $3,849.35 $3,849.35 $3,849.35 Paving 1 Remove Asphalt Pvmt SY 142 $7.10 $ 1,008.20 $6.93 $984.06 $984.06 2 Ashphalt Pvmt Repair Beyond SY 142 Defined Width,Residential $60.00 $8,520.00 $48.47 $6,882.74 $6,882.74 CIA CONTRACT TOTAL AMOUNT $60,968.51 Contingency(15%) $9,145.28 Total Funding Request Amount $70,113.79 (b) In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable by any means whatsoever in any fiscal period for payments due under this Agreement, then the City will immediately notify Developer of such occurrence and this Agreement shall be terminated on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except to the portions of annual payments herein agreed upon for which funds shall have been appropriated. (c) Substantial completion of the Improvements shall occur after Developer's Contractor notifies the City that the Improvements are constructed and ready for their intended use, the City and Developer's Contractor inspect the Improvements,and the City concurs that the Improvements are substantially complete. This Agreement does not provide for any retainage to be withheld from the City Participation. City of Fort Worth,Texas Page 13 of 17 Standard Community Facilities Agreement with City Participation Rev.4/2/20 37. Cost Summary Sheet Pro]ect Name: Broadway Multifamily CFA No CFA22-0004 IPRC No. IPRC21-0124 City Project No.: 103752 Items Developer's Cost City's Cost Total Cost A. Water and Sewer Construction 1. Water Construction $ 134,159.65 $ 33,035.70 $ 167,195.35 2.Sewer Construction $ 139,951.39 $ 20,066.01 $ 160,017.40 Water and Sewer Construction Total $ 274,111.04 $ 53,101.71 $ 327,212.75 B. TPW Construction 1.Street $ 264,911.70 $ 7,866.80 $ 272,778.50 2.Storm Drain $ - $ - 3.Street Lights Installed by Developer $ 123,159.00 $ $ 123,159.00 4. Signals $ - $ $ - TPW Construction Cost Total $ 388,070.70 $ 7,866.80 $ 395,937.50 Total Construction Cost(excluding the fees): $ 662,181.74 $ 60,968.51 $ 723,150.25 Estimated Construction Fees: C. Construction Inspection Service Fee $73,500.00 $4,750.00 $78,250.00 D. Administrative Material Testing Service Fee $1,470.00 $588.00 $2,058.00 E. Water Testing Lab Fee $300.00 $300.00 F. Material Test Cost $843.62 $843.62 G. Design Services $7,500.00 $7,500.00 Total Estimated Construction Fees: $ 74,970.00 $ 13,981.62 $88,951.62 TOTAL PROJECT COST $ 737,151.74 $74,950.13 $ 812,101.87 Choice Financial Guarantee Options,choose one Amount (Mark one) Bond= 100% $ 723,150.25 x Completion Agreement= 100%/Holds Plat Cash Escrow Water/Sanitary Sewer= 125% Cash Escrow Paving/Storm Drain= 125% Letter of Credit= 125% City of Fort Worth,Texas Page 14 of 17 Standard Community Facilities Agreement with City Participation Rev.4/2/20 IN WITNESS WHEREOF,the City and Developer have each executed this Agreement by their duly authorized signatories to be effective on the date executed by the City's Assistant City Manager. CITY OF FORT WORTH DEVELOPER Broadway Acquisition LP 19ana 24L( hdoAc By: Broadway Ft Worth Gen Par LP, Dana Burghdoff(Apr 29,2022 09:18 CDT) Its general partner Dana Burghdoff By: HAD-Broadway Gen Par LLC, Assistant City Manager Its general partner Date: Apr 29,2022 Recommended by: �_ By: Name: Brian Crowell Title: Manager Jennifer Ez&nack(Apr 25,2022 16:46 CDT) Jennifer Ezernack Date: Apr 25,2022 Contract Compliance Specialist Development Services Department Approved as to Form &Legality: Richard A.McCracken(Apr 29,2022 09:08 CDT) Richard A.McCracken Sr.Assistant City Attorney M&C No. Date: Apr 29,2022 Form 1295: Contract Compliance Manager: ATTEST: �qF°F�R? aa By signing,I acknowledge that I am the person PA.o° °0O��� responsible for the monitoring and 7�`I`IGl`l`G d C7000��GG jj~° o4d administration of this contract,including ° ° Jannette S.Goodall(May 2,2022 13:14 CDT) 00 o o=� ensuring all performance and reporting 0 Jannette S. Goodall �� °°° °°o � requirements. City Secretary d�a��EXA5b4a ICY 9�c�e-sca�Ceft M��Ce� Janie Scarlett Morales(Apr 28,2022 17:20 CDT) Janie S.Morales Development Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth,Texas Page 15 of 17 Standard Community Facilities Agreement with City Participation Rev.4/2/20 The following attachments are incorporated into this Agreement. To the extent a conflict exists between the main body of this Agreement and the following attachments, the language in the main body of this Agreement shall be controlling. Included Attachment ❑X Attachment 1 -Changes to Standard Community Facilities Agreement ❑ 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 ❑X Exhibit C: Street Lights and Signs Improvements ❑X Cost Estimates (Remainder of Page Intentionally Left Blank) City of Fort Worth,Texas Page 16 of 17 Standard Community Facilities Agreement with City Participation Rev.4/2/20 ATTACHMENT"1" Changes to Standard Community Facilities Agreement City Proj ect No. 103752 None City of Fort Worth,Texas Page 17 of 17 Standard Community Facilities Agreement with City Participation Rev.4/2/20 30 VICKERY ST. r� O Z DAGGETT AVE. DAGGETT AVE. a BROADWAY AVE. � Ox C7 BROADWAY AVE. � '**44 SITE z 35W ti H d PENNSYLVANIA AVE. HATTIE ST. CPN 103752 MAPSCO NO. 77J COUNCIL DISTRICT 9 BROADWAY MULTIFAMILY (3stantec SMITH-JONES & DAGGETT ADDITION 12222 Merit Drive,Suite 400 LOT 1, BLOCK 5R VICINITY MAP Dallas,Texas 75251 BROADWAY ACQUISITION LP Tel.(972)991-0011 TBPE#F-6324 TBPLS#10194488 215 S.Main Street Copyright©2022 Fort Worth,Texas 76104 DATE:January 10,2022 SCALE:AS SHOWN DRAWN BY:MMN CITY PROJECT NUMBER:103752 (SHEET 1 OF 5) V V2201c1..l 1.111.fthase_U1ltlr ng\exh,WA FA\vicinily_map ftg.o,.l by.—Mon De 13,211.38 PM I LOT 1R, BLOCK 2 LAND 700 ADDITION INST. NO. D219088085 T P.R.T.C.T. UT UT UT NEST I6TAG-GETT-AVkf10E— UT T UT U .. . W 8" W 8" (so-PUBLIC,VClg OF—WAY) 8 8„ . GMH _ c GTS I O o a, ao O N o s he 0. 0 ONOO I mNow a 5 MOVE g RELOCATE 8' flRE UNE 8' OOMIESTIC UNE ° E a m ° I I a Ex fFl ae 1' wrtt METER VAULT a 0 Q I 3 I MIEIER 80X� a ° Z �U�UI ITAIIII rLza Al ' 10 I O� N 3I < LOT 1, BLOCK 5R O SMITH—JONES do DAGGETT ADDITION m CAB. B, SL. 2976 INST. NO. D205136526 LU� I „ l� CoaRi a P.R.T.C.T. x u 3 a Z I IUONoo LU w I BROADWAY ACQUISITION LP m n o a I INST. NO. D219263928 a �; c o o Z I .P.R.T.C.T 3I 4 z say ° I �I �� m a ;LU I �t7o N I a (O s, co Bz 3I iJ O r 2 I a >; I I s � p g CONNECT TO - CONNET TO Ex a" wrn EX. e"WAR « .— .t 1+00 0 8' WfR LINE 2+00 3+0U s f N-s y - W6" CONNECT TO _ WEST BROADWAY AVENUE EX. $' Wm (100'PUBLIC RIGHT—OF—WAY) io �► ao G G G M , G G G G N LEGEND 0 30 60 PROPOSED WATERLINE EXISTING WATER LINE SCALE: 1 = 60' BROADWAY MULTIFAMILY (3Stantec SMITH-JONES & DAGGETT ADDITION 12222 Merit Drive,Suite 400 LOT 1, BLOCK 5R EXHIBIT A: Dallas,Texas 75251 BROADWAY ACQUISITION LP WATER Tel.(972)991-0011 TBPE#F-6324 TBPLS#10194488 215 S.Main Street Copyright©2022 Fort Worth,Texas 76104 DATE:January 10,2022 SCALE:AS SHOWN DRAWN BY:MMN CITY PROJECT NUMBER:103752 (SHEET 2 OF 5) V\2228aciive\2228118]]�iviPphase_81\tlmwing\exhibA\CFA\EXHIBfr A-WATER tlwg motli(etl by mnasin on Jan 18,22 4 88 PM I LOT 1R, BLOCK 2 LAND 700 ADDITION INST. NO. D219088085 T P.R.T.C.T. UT UT UT NEST I6TA�ETT-AVkf117E— UT T UT U W 8" W 8,r (50'PUBLIC,RIG OF—WAY) 8,. 8„ eo - - - - - - - - - - -WW- - - - - - - - — � GMH GTS I OIII I I 111 1 w A LT io usa e, n,�i s, s\ s, Fs sa ao si O N O 4 heu 0. Gap I ONOO m to CONNECT TO EX. 0 o I 3 I 4' OIA wwMH a ISO Z J A 0110 5, All 5a z I 6" PVC WW i CONNECT TO EX F oAl © 4' DIA ww;H S I c� 4' DIA WWMH " t 6" PVC WW 10 N 6" PVC 1m a' < LOT 1, BLOCK 5R SERVICE SERVICE SMITH—JONES do DAGGETT ADDITION -5" WW CAB. B, SL. 2976 INST. NO. D205136526 P LU „ I' oaai a P.R.T.C.T. NZ 3 a LU I IUONoo LU > w BROADWAY ACQUISITION LP a INST. NO. D219263928 °a u a^ Z I I .P.R.T.C.T s, I m 3 ~ I 4 W 0 4' DIA WWMH' a� ---- .b C, < z I sl u 65ERH ww u Zpz] �+°— CONNECT TO EX I v l; T& 4' DIA WWMH m to a, All 8" PSEERRVICE W6" N _ _ ♦ _ WEST BROADWAY AVENUE _ 4' DIA WWMH y (100'PUBLIC RIGHT—OF—WAY) G G G M , G G G G N LEGEND 0 30 60 PROPOSED WASTEWATER EXISTING WASTEWATER LINE E SCALE. 1�� = 60' BROADWAY MULTIFAMILY (3,Stantec SMITH—JONES & DAGGETT ADDITION 12222 Merit Drive,Suite 400 LOT 1, BLOCK5R EXHIBIT Al : Dallas,Texas 75251 BROADWAY ACQUISITION LP SEWER Tel.(972)991-0011 TBPE#F-6324 TBPLS#10194488 215 S.Main Street Copyright©2022 Fort Worth,Texas 76104 DATE:January 10,2022 1 SCALE:AS SHOWN DRAWN BY:MMN TITY PROJECT NUMBER:103752 (SHEET 3 OF 5) .1...1 A1-SE,l tlwg motli(etl by.—I—n De 13,212.11 PM LOT I R, BLOCK 2 LAND 700 ADDITION INST. NO. D219088065 P.R.T.C.T. L11 U1 LIT *1E gT—DAGGEyf KV-ENUE LIT U �DT LIT r W 8" WOeILALLIC RIGHT-OF-WAY.)8" w all 00 — — — — — — — r[71�� 77 --T T z FS 0 Bl All sl sl F I 'Ow ce o "V AM n "r WRITE 'U PARKING STALL Z ad Aq MARIONGS (I-XV) S U zw I A3 _0 sl IS LOT 1, BLOCK 5R Bi SMITH—JONES de DAGGETT ADDITION CAB. B, SL. 2976 INST. NO. D205136526 P.R.T.C.T. le US OWE LU co I u.. BI1OA 1Y ACQUISITION LP a INST. NO. D219263928 LU > .P.R.T.C.T Z 0 ate a z 01 co e's > L Al ;0 w i z D AND 9 PARIONO STALLVM 17E U MARIIONGS (00') 4" SOLID VM17E ME LANE 4! SOLID VM17E LINE ME LANE LINE SYMBOL,& ARROW w611, ♦ WEST BROADWAY AVENUE FIC NO (100'PUBLIC RIGHT-OF-WAY) CONC VMEELS7Op 1" SOLID VM17E a- PARIONG LINE =E�4*NO PARKING" G G G MARKING r7�- G ----I - N LEGEND PUBLIC DRIVEWAY PAVEMENT PUBLIC ASPHALT PAVEMENT PUBLIC OFF—STREET PARKING PAVEMENT/CURB & GUTTER PERMANENT PAVEMENT TRENCH REPAIR iiiz!n PUBLIC SIDEWALK & FLATWORK ADA RAMP 0 30 60 ® CONCRETE WHEELSTOP SCALE: 1 60' BROADWAY MULTIFAMILY (Istantec SMITH-JONES & DAGGETT ADDITION 12222 Merit Drive,Suite 400 LOT 1, BLOCK 5R EXHIBIT B: Dallas,Texas 75251 Te.(972)991-0011 BROADWAY ACQUISITION LP PAVING TBPE#F-6324 TBPLS#10194488 215 S.Main Street Copyright @ 2022 Fort Worth,Texas 76104 DATE:January 10,2022 F—SCALE.AS SHOWN DRAWN BY:MMN CITY PROJECT NUMBER 103752 (SHEET 4 OF 5) V\ D�ad..=D11877�.,Kph—D1Ang\xh,bd\GFA\XHIBff B-PAVING tlwgmW,f.d by.—t—Jan 1D,22 1213 PIA I LOT 1R, BLOCK 2 LAND 700 ADDITION INST. NO. D219088085 T P.R.T.C.T. - UT UT UT NEST 16TAG�GETT-AVkf117E-- UT XjT UT U W W 8" W 8" (50-PUBLIC,RI�OF—WAY) W 8,. 8„ W P 3 // — — — — — — — — — — — — — — — -- — 3 usa a, N ao O o s 0 O pp I 0 0 m Nq� Vat � qC1 m ° o I �to I a S am (aS I u ez Jq j II r All sa � gza I as �o� I . . LOT 1, BLOCK 51 SMITH—JONES do DAGGM ADDITION m CAB. B, SL. 2976 INST. NO. D205136526 LU oaai a P.R.T.C.T. x u 3 a Z IUONoo w I BROADWAY ACQUISITION LP m n o a o Q INST. NO. D219263928 c$ Z .P.R.T.C.T �I a z �a� Z z� 31 Wpm I I OF V 53 �� . . 11 ro L P p O O O �b. — — — — — — — — — — — — — — — — — — — — — — — / _ _ ♦ _ WEST BROADWAY AVENUE (100'PUBLIC RIGHT—OF—WAY) o �► ao G G G M , G P G G G LEGEND N PROPOSED STREET LIGHT LINE • PROPOSED DECORATIVE STREET LIGHT 0 30 60 � PROPOSED GROUND BOX • PROPOSED SIGN 8.POLE SCALE. 1�� = 60' BROADWAY MULTIFAMILY (3stantec SMITH-JONES & DAGGETT ADDITION EXHIBIT Cl : 12222 Merit Drive,Suite 400 LOT 1, BLOCK5R STREET LIGHTING Dallas,Texas 75251 BROADWAY ACQUISITION LP Tel.(972)9914 IB & STREET SIGNS TBPE#F-6324 TBPLS#10194488 215 S.Main Street Copyright©2022 Fort Worth,Texas 76104 DATE:January 10,2022 1 SCALE:AS SHOWN DRAWN BY:MMN CITY PROJECT NUMBER:103752 (SHEET 5 OF 5) V\2228aciive\2228118]]�iviPphase_81\tlmwing\exhibA\CFA\EXHIBfr C-STREET LIGHTS&SIGNStlwg motli(tl w.—I on Jan 18,22411PM Broadway Multi family Project 103752 004243 DAP-BID PROPOSAL Page I of5 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification Unit of Bid No Description Section No. Measure Quantity Unit Price Bid Value UNIT I:WATER IMPROVEMENTS 1 0241.1012 Remove 6"Water Line 0241 14 LF 393 $100.00 $39,300.00 2 6241.1301 Remove 4"Water Valve 0241 14 EA 1 $300.00 $300.00 3 0241.1302 Remove 6"Water Valve 0241 14 EA 1 $300.00 $300.00 4 0241.1510 Salvage Fire Hydrant 0241 14 EA 1 $500.00 $500.00 5 0241.1512 Salvage 1"Water Meter 0241 14 EA 4 $1,000.00 $4,000.00 6 3305.0109 Trench Safety 33 05 10 LF 428 $5.00 $2,140.00 7 3311.0001 Ductile Iron Water Fittings w/Restraint 3311 11 TON 0.2 $40,000.00 $8,000.00 8 3311.0161 6"PVC Water Pipe 3311 12 LF 34 $150.00 $5,100.00 9 3311.0261 8"PVC Water Pipe 3311 12 LF 361 _ $120.00 $43,320.00 10 3312.0117 Connection to Existing 4"-12"Water Main 33 12 25 EA 4 $3,500.00 $14,000.00 11 3312.2001 1"Water Service,Meter Reconnection 33 12 10 EA 1 $2,000.00 $2,000.00 12 3312.2003 1"Water Service 33 12 10 EA 1 $2,000.00 $2,000.00 13 3312.2803 6"Water Meter and Vault 33 12 11 EA 1 $33,935.35 $33,935.35 14 3312.3002 6"Gate Valve 33 12 20 EA 1 $1,200.00 $1,200.00 15 3312.3003 8"Gate Valve 33 12 20 EA 4 $1,500.00 $6,000.00 16 9999.0000 Remove 1"Water Line 00 00 00 LF 21 $100.00 $2,100.00 17 9999.0001 Connection to Existing 6"Fire Line Service 00 00 00 EA 1 $1,500.00 $1,500.00 18 9999.0002 Connection to Existing 6"Domestic Service 00 00 00 EA 1 $1,500.00 $1,500.00 19 _ 20 21 22 23 _ 24 25 -_-- TOTAL UNIT I:WATER IMPROVEMENTS $167,195.35 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Form Version May 22,2019 00 42 43_Bid Proposal_DAP 00 42 43 DAP-BID PROPOSAL Page 2 of5 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Description Specification Unit of Bid Unit Price Bid Value No. Section No. Measure Quantity UNIT II: SANITARY SEWER IMPROVEMENTS 1 0241.2012 Remove 6"Sewer Line 0241 14 __ LF 250 $100.00 $25,000.00 2 0241.2201 Remove 4'Sewer Manhole 02 41 14 EA 2 $3,706.20 $7,412.40 3 3301.0001 Pre-CCTV Inspection 33 0131 LF 250 $10.00_ $2,500.0.0 4 3301.0002 Post-CCTV Inspection 33 01 31 LF 273 $10.00 $2,730.00 5 3301.0101 Manhole Vacuum Testing 33 01 30 EA 3 $150.00 $450.00 6 3305.0107 Manhole Adjustment,Minor 33 05 14 EA 3 $1,000.00 $3,000.00 7 3305.0109 Trench Safety _ 33 05 10 LF 273 $5.00 $1,365.00 8 3305.0112 Concrete Collar_ _33 05 17 EA 3 $500.00 $1,500.00 9 _3331.3201 6"Sewer Service 3331 50 EA 4 $2,500.00 $10,000.00 10 3331.4115 8"Sewer Pipe 3311 10,33 LF 152 $120.00 $18,240.00 31 12(20) 11 3331.4116 8"Sewer Pipe,CSS Backfill 3311 10,33 LF 64 $130.00 $8,320.00 31 12(20) _ 12 3339.1001 4'Manhole 33 39 10(20) EA 3 $26,000.00 $78,000.00 13 9999.0001 Remove Concrete Sewer Vault 00 00 00 EA 1 $1,500.00 $1,500.00 14 15 16 17 18 19 20 21 22 23 24 _ 25 TOTAL UNIT II: SANITARY SEWER IMPROVEMENTS $160,017.40 J� CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Form Version May 22,2019 00 42 43_Bid PropmI_DAP 00 42 43 DAP-BID PROPOSAL Page 3 or5 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Description Specification Unit of Bid Unit Price Bid Value No. Section No. Measure Quantity UNIT IV: PAVING IMPROVEMENTS 1 0241.0100 Remove Sidewalk 01 3513 SF 4245 $3.66 $15,536.70 _ 2 0241.0401 Remove Concrete Drive 02 41 13 SF 1875 $3.66 $6,862.50 3 0241.1000 Remove Conc Pvmt 0241 15 SY 430 _ $17.47 $7,512.10 4 0241.1100 Remove Asphalt Pvmt 0241 15 SY 2062 $7.10 $14,640.20 5 0241.1300 Remove Conc Curb&Gutter 0241 15 LF 860 $7.50 $6,450.00 6 3201.0201 Asphalt Pvmt Repair Beyond Defined Width, 3201 17 SY 258 $60.00 $15,480.00 Residential 7 3212.0303 3"Asphalt Pvmt Type D 32 12 16 SY 273 $29.00 $7 917.00 8 3213.0101 6"Conc Pvmt 32 13 13 SY 1400 $63.41 $88,774.00 9 3213.0301 4"Conc Sidewalk 32 13 20 SF 3810 $8.68 $33,070.80 10 3213.0311 4"Conc Sidewalk,Adjacent to Curb 32 13 20 SF 4218 $8.68 $36,612.24 11 3213.0401 6"Concrete Driveway 32 13 20 SF 900 $7.57 $6,813.00 12 3213.0502 Barrier Free Ramp,Type U-1 32 13 20 EA 2 $1,250.00 $2,500.00 13 3213.0503 Barrier Free Ramp,Type M-1 32 13 20 EA _ 1 _ $1,250.00 $1,250.00 14 3213.0506 Barrier Free Ramp,Type P-1 32 13 20 EA _ 2 $1,250.00 $2,500.00 15 3216.0101 6"Conc Curb and Gutter 32 16 13 LF 1780 $6.00 $10,680.00 16 3217.0001 4"SLID Pvmt Marking HAS(W) 32 17 23 LF 727 $13.48 $9,799.96 17 3217.1002 Lane Legend Arrow 32 17 23 EA 2 $450.00 $900.00 18 3217.1006 Lane Legend Bike 32 17 23 EA 2 $450.00 $900.00 19 3217.1008 Parking Lot Legend HC 32 17 23 EA 2 $450.00 $900.00 20 3292.0100 Block Sod Placement 32 92 13 SY 228 $10.00 $2,280.00 21 9999.0000 6"Conc Wheelstop 00 00 00 EA 20 $70.00 $1,400.00 22 23 24 25 TOTAL UNIT IV: PAVING IMPROVEMENTS $272,778,50 CITY OF FORT WORTH OP STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Form Version May 22,2019 00 42 43_Bid Proposal_DAP 00 42 43 DAP-BID PROPOSAL Page 4 of 5 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification Unit of Bid Description Unit Price Bid Value No. Section No. Measure Quantity UNIT V:STREET LIGHTING IMPROVEMENTS 1 2605.3015 2"CONDT PVC SCH 80(T) 26 05 33 LF 1062 $15.00 $15,930.00 2 3305.0115 Vacuum Excavation 33 05 30 EA 46 $125.00 $5,750.00 3 3441.1408 NO 6 Insulated Elec Condr 3441 10 LF 3186 $1.50 $4,779.00 4 3441.1502 Ground Box Type B,w/Apron 3441 10 EA 6 $600.00 $3,600.00 5 3441.3037 Furnish/Install 10'-14'Washington 3441 20 EA 17 $4,000.00 $68,000.00 _ Standard Light Pole&Fixture LED 6 3441.3303 Rdwy Illum Foundation TY 7 3441 20 EA 17 $1,200.00 $20,400.00 7 3441.3501 Salvage Street Light Pole 3441 20 EA 1 $1,000.00 $1 000.00 8 3441.4006 Install Alum Sign Ground Mount 3441 30 EA 5 $500.00 $2,500.00 9 3441.4110 Remove and Reinstall Sign Panel and Post 34 41 30 EA 3 $400.00 $1,200.00 10 — - — 11 12 13 14 15 16 17 18 19 20 21 22 -- 23 24 _ 25 TOTAL UNIT V:STREET LIGHTING IMPROVEMENT51 $123,159,00 i CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Form Version May 22,2019 00 42 43_13id Proposal_DAP 00 42 43 DAP-BID PROPOSAL Page 5 or5 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification Unit of Bid No Description Section No. Measure Quantity Unit Price Bid Value Bid Summary UNIT I:WATER IMPROVEMENTS $167,195.35 UNIT II:SANITARY SEWER IMPROVEMENTS $160,017.40 UNIT IV:PAVING IMPROVEMENTS $272,778.50 UNIT V:STREET LIGHTING IMPROVEMENTS $123,159.00 Total Construction Bid $723,150.25 This Bid is submitted by the entity named below: BIDDER: BY:Dou Rampart Multifamily,LLC 800 Industrial Blvd Suite 100 Grapevine,TX 76051 TITLE:Area Many er DATE: !� u yam' / / Contractor agrees to complete WORK for FINAL ACCEPTANCE within 250 working days after the date when the CONTRACT commences to run as provided in the General Conditions. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Form Version May 22,2019 00 42 43_Bid Proposal DAP