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HomeMy WebLinkAboutContract 59982CSU RECD AUG 25 123 H40:59 Received Date: Received Time: Developer and Project Information Cover Sheet: Developer Company Name: Tobias Place, LP i Address, State, Zip Code: 505 W. Biddison St. Fort Worth, TX Phone &Email: 214-865-6901 cdl@ojalaholdings.com Authorized Signatory, Title: Victor T. Turner, Assistant General Manager of Manger of GP Project Name: Tobias Place Apartments a i Brief Description: Water, Sewer, Drainage, Paving and Street Lighting Project Location: i 505 W. Biddison St. Plat Case Number Mapsco: ....................................... CFA Number: .................. ..__.... __ __..—_............. .._..__.___ — _. FS-23-121 I Plat Name: South Fort Worth 91A & 91E Council District: ! 9 .... .......I ............... ........... ......................... ......................... ...... __...... ... ............. ................ l.............................................................................. CFA23-0067 City Project Number: 104117 46 S M .. OFFICIAL �ECORD City of Fort Worth, Texas �� SECR" Y Standard Community Facilities Agreement with City Participation Rev. 4/2/20 FT: WORTH, Tx I Pap 1 of 19 City Secretary Number: 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 Tobias Place, LP, a Texas limited partnership ("Developer"), acting by and through its duly authorized representative. City and Developer are referred to herein individually as a "party" and collectively as the "parties." WHEREAS, Developer is constructing private improvements or subdividing land within the corporate limits of Fort Worth, Texas or its extraterritorial jurisdiction, for a project known as Tobias Place Apartments ("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 Board of Directors of the Fort Worth Housing Finance Corporation ("HFC") has approved an agreement with Developer to develop the Tobias Place Apartments, an approximately 288 unit multifamily housing development which will include units affordable to households at or below 60% of area median income or lower with at least 15% restricted to at or below 30% area median income; and WHEREAS, the HFC will enter into a construction contract with developer for the HFC to act as the general contractor for the Project; and WHEREAS, the Developer and HFC will enter into an agreement with a master subcontractor which will assume all of HFC's obligations under the construction contract; and WHEREAS, Developer has applied to the HFC for a forgivable, subordinate loan in an amount up to $1,750,000.00 in gap financing for the Project; and WHEREAS, the City Council, through the approval of M&C 23-0591 on June 27, 2023 has authorized execution of a subordinate loan in the amount of $8,000,000.00 using American Rescue Plan Act funds for construction costs associated with stormwater drainage and other infrastructure in support of development of the Project ("City Participation"); and -- OFFICIAL RECORD City of Fort Worth, Texas CITY SECRETARY Standard Community Facilities Agreement with City Participation Rev. 4/2/20 1 FT 'NORTH, TX Page 2 of 19 WHEREAS, Tarrant County, Texas has agreed to provide $2,000,000.00 of American Rescue Plan Act State and Local Fiscal Recovery Funds to the Project through a subrecipient agreement between Tarrant County and Developer with the HFC identified as an affiliate to which the funds may be made available; 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 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: 0 Exhibit A: Water z Exhibit A-1: Sewer ® 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. City of Fort Worth, Texas Page 3 of 19 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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"). 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 City of Fort Worth, Texas Page 4 of 19 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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. S. 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. (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. City of Fort Worth, Texas Page 5 of 19 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 (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. (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 ANYCHARACTER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ONACCOUNT OFANYINJURIES OR DAMAGES SUSTAINED BYANYPERSONS, INCLUDINGDEATH, 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 FAIL URE TO PROPERLY SAFEGUARD THE WORK, OR ONACCOUNT OFANYACT, INTENTIONAL City of Fort Worth, Texas Page 6 of 19 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID DEVELOPER, ITS CONTRACTORS, SUB -CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, WHETHER OR NOT SUCHINJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS, SERVANTS, OR EMPLOYEES. (c) DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, SUITS OR CAUSES OF ACTION OF ANY NATURE WHATSOEVER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ON ACCOUNT OF ANY INJURIES OR DAMAGES TO PERSONS OR PROPERTY, INCLUDING DEATH, RESULTING FROM, OR INANY WAY CONNECTED WITH, THE CONSTRUCTION OF THE IMPROVEMENTS CONTEMPLATED HEREIN, WHETHER OR NOT SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS, 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 Upon execution of this Agreement, Developer will pay 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. The City will hold the issuance of a notice to proceed to construction until the estimated fees are paid. 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. City of Fort Worth, Texas Page 7 of 19 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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: Development Coordination Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 With copies to: City Attorney's Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 and City Manager's Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 DEVELOPER: Tobias Place, LP Attn: Daniel Smith 2501 N. Harwood Dr, ste 2400 Dallas, TX 75206 With copies to the Investor: RAH Investor 361 LLC c/o Regions Affordable Housing 111 Great Neck Road, Suite 500 Great Neck, New York 11021 and Kutak Rock LLP 1650 Farnam Street Omaha, Nebraska 68102 Attn: Jill Goldstein 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 City of Fort Worth, Texas Page 8 of 19 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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. 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. City of Fort Worth, Texas Page 9 of 19 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 20. Non -Waiver The failure of the City to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely on any such term or right on any future occasion. 21. Governmental Powers and Immunities. It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities. 22. Headings The paragraph headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. 23. Severability In the event that any clause or provision of this Agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not affect any of the remaining provisions hereof. 24. Review of Counsel City and Developer, and if they so choose, their attorneys, have had the opportunity to review and comment on this document; therefore any rule of contract construction or interpretation that would normally call for the document to be interpreted as against the drafting party shall not apply in interpretation of this Agreement, and each section, portion, and provision of this Agreement shall be construed solely on the basis of the language contained therein, regardless of who authored such language. 25. Prohibition on Boycotting Israel Developer acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company with 10 or more full-time employees that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" have the meanings ascribed to those terms by Chapter 2271 of the Texas Government Code. To the extent that Chapter 2271 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not boycott Israel; and (2) will not boycott Israel during the term of this Agreement. City of Fort Worth, Texas Page 10 of 19 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 26. Prohibition on Boycotting Energy Companies Developer acknowledges that in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meanings ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 27. Prohibition on Discrimination Against Firearm and Ammunition Industries Developer acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 28. Immigration and Nationality Act Developer shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Developer shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Developer shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Developer employee who is not legally eligible to perform such services. DEVELOPER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY DEVELOPER, DEVELOPER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Developer, shall have the right to immediately terminate this Agreement for violations of this provision by Developer. 29. Amendment City of Fort Worth, Texas Page 11 of 19 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 No amendment, modification, or alteration of the terms of this Agreement shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by the City and Developer. 30. Assignment and Successors Developer shall not assign or subcontract all or any part of its rights, privileges, or duties under this Agreement without the prior written consent of City. Any attempted assignment or subcontract without the City's prior written approval shall be void and constitute a breach of this Agreement. 31. No Third -Party Beneficiaries Except as set forth in Section 38 below, 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. City of Fort Worth, Texas Page 12 of 19 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 36. City Participation; Fiscal Funding Limitation (a) The City shall reimburse Developer for the City Participation pursuant to the terms set forth in loan documents agreed to and executed by the City and Developer (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. 37. Special Provisions (a) Developer shall observe and comply with all applicable local, state, and federal laws, rules, regulations, ordinances, and requirements, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statues and regulations, non-discrimination laws and regulations, and those set forth in 31 CFR Part 35. Developer shall be responsible for ensuring its compliance with any laws and regulations applicable to its business, including maintaining any necessary licenses and permits. (b) Davis -Bacon prevailing wage requirements shall apply to the Project. Developer shall comply with the Davis -Bacon prevailing wage requirement and certify that they comply during quarterly reporting. Additionally, pursuant to 2 CFR 200.322, Developer should provide a preference for the purchase, acquisition, or use of goods, products or materials produced in the United States, including but not limited to, iron, aluminum, steel, cement, and other manufactured products. (c) In compliance with Section 2252.152 of the Texas Government Code, Developer warrants and represents that: neither Developer, nor any of its Affiliates, engages in scrutinized business operations in Sudan, Iran, or with designated foreign terrorist organizations. "Scrutinized business operations in Sudan" is defined in Section 2270.0052 of the Texas Government Code. "Scrutinized business operations in Iran" is defined in Section 2270.0102 of the Texas Government Code. "Scrutinized business operations with designated foreign terrorist organizations" is defined in Section 2270.0152 of the Texas Government Code. Developer further represents and warrants that neither Developer, nor any of its affiliates, appears on any of the Texas Comptroller's Scrutinized Companies Lists. 38. Investor Notice and Cure Rights Notwithstanding anything in this Agreement to the contrary, the City shall deliver to Developer's investor limited partner, RAH Investor 361 LLC, (the "Investor") written notice of any default or alleged default by Developer under this Agreement at the Investor's address set forth in Section 16 above. The Investor shall have the right, but not the obligation, to cure any default by the Developer under this Agreement for a period of thirty (30) days after Investor's receipt of written notice thereof from the City for any monetary default and for a period of sixty (60) days after Investor's receipt of written notice thereof from the City for any non -monetary default; provided, however, that in the event a non -monetary default is not susceptible to being cured within such sixty (60) day period the City will allow the Investor such City of Fort Worth, Texas Page 13 of 19 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 additional period as necessary to cure such default provided the Investor has commenced to cure such default within the sixty (60) day period and the Investor is diligently and continuously proceeding to cure such default (the "Investor Cure Period"). If the Investor makes any such payment or otherwise offers cure of a default, City will accept or reject such action as curing such default on the same basis as if such payment or cure were made directly by Developer. The City shall not exercise any remedy against the Developer on account of any alleged default by the Developer under this Agreement until after the expiration of the Investor Cure Period. [REMAINDER OF PAGE INTENTIONALLY BLANK] City of Fort Worth, Texas Page 14 of 19 Standard Community Facilities Agreement with City Participation Rev. 412120 39. Cost Summary Sheet Project Name: Tobias Place Apartments CFA No. 23-0067 IPRC No. 22-0099 City Project No.: 104117 Items Developer's Cost A. Water and Sewer Construction 1. Water Construction $ 144 ?" 2. Sewer Construction $ 1 2I§i3O 7 0 Water and Sewer Construction Total $ 1,412,317.00 B. TPW Construction 1. Street 2. Storm Drain 3. Street Lights Installed by Developer 4. Signals TPW Construction Cost Total Total Construction Cost (excluding the fees) Estimated Construction Fees: C. Construction Inspection Service Fee D. Administrative Material Testing Service Fee E. Water Testing Lab Fee Total Estimated Construction Fees: TOTAL PROJECT COST Financial Guarantee Options, choose one IARPA Funds held by City and Tarrant County = 100% $ 320,266.25 $ 7,712,$31.54 $ 20.240-00 5 $ 8,053,337.75 $ 9,465,654.75 $ 143 500.00 $ 8,085.00 1 mO6 $ 141,735.00 $ 9,607,389.75 Choice Amount flllark one !r.e $9,465,654.75 4.1 City of Fort Worth, Texas Page 15 of 19 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 F> r 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 all parties. CITY OF FORT WORTH W( Dana Burghdoff Assistant City M"ggerl Date: Recommended by: ayne �Hollars/BiceWaZgu—yen —� Contract Compliance Specialist Development Services Department Approved as to Form & Legality: Richard A. McCracken Sr. Assistant City Attorney M&C No. 23-0591 (6/27/23) Form 1295: 2023-1029478 ATTEST: Jannette S. Goodall City Secretary rEX City of Fort Worth, Texas Standard Community Facilities Agreement with City Participation Rev. 4/2/20 Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. 0" �,C Rebecca Diane Owen Development Manager Page 16 of 19 DEVELOPER Tobias Place, LP, a Texas limited partnership By: Tobias Place GP, LLC, a Texas limited liability company, its general partner By: Fort Worth Housing Finance Corporation a Texas public nonprofit housing finance corporation, its manager Victor T. Turner Assistant General Manager Date: � 26/26/[42 City of Fort Worth, Texas Page 17 of 19 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 © Attachment 1 - Changes to Standard Community Facilities Agreement ❑ Attachment 2 — Phased CFA Provisions ❑ Attachment 3 — Concurrent CFA Provisions ❑x Location Map ® Exhibit A: Water Improvements ® Exhibit A-1: Sewer Improvements © Exhibit B: Paving Improvements ® Exhibit B-1: Storm Drain Improvements ® Exhibit C: Street Lights and Signs Improvements ® Cost Estimates (Remainder of Page Intentionally Left Blank) City of Fort Worth, Texas Page IS of 19 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 ATTACHMENT "I" Changes to Standard Community Facilities Agreement City Project No. 104117 Negotiated changes contained in the body of the Agreement. City of Fort Worth, Texas Page 19 of 19 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 0 500 1000 2000 BIDDISON ST. n J J SITE DICKSON ST. LOCATION MAP 1 " = 1000, City Project No. 104117 MAPSCO NO. 91 A & 91 E CITY COUNCIL DISTRICT NO. 9 OWNER Fort Worth Housing Finance Corporation 200 Texas Street Fort Worth, Texas 76102 DEVELOPER Ojala Partners, LP 2501 N Harwood Street TOBIAS Suite 2400 Dallas, Texas 75201 Telephone: (832) 444-9382 PLACE 1 inch = 1000ft. Contact: Daniel Smith Dr o g; G:\2021 JOBS\21-193 0ju1e Wdis - Hemphill CoHdur Multifomy\COD\21-193 Totim CF&dwq steed By. ,Heller sere T— 7/28/2023 &23:21 AM LO 1 1J &VISPIARS ENGINEERING & SURVEYING Platted by: jfuller Plot Date: 7/20/2023 8:24 AM LOT 7RA, BLUCIL sl Lot +. BLOCK I LOTS I-tz BLOCK 63 SOUTH HEMPHLL HEIGHTS AODN. VICTORY FOREST RECREATION CENTER RYAN k PRUITT T W W - —�' —W n 20 m 22 I WORT, ADDN. 3 CAM" PUCE ; lbd;tl l 10" Wi W Main' 3 I I £ WORTH HMTS 21 X-M76 ' r I j I ADON. 20 17 r1�o N 515h 16 is Water Ueting 10" Water Main Ism ' 15 Lowering �} `1p � X 21737: I P Water � Low ing CAMERON PLACE 19 I 16-18 Propowa Water LowMng Proposed �• Witter —`� Lowering 16 'p'. `�'1'`'155'`,'`�'' WatOi J Lowering 11 10 M - M 4-5 HR SOUTH FORT WORM ADDN. 6-8 II I Pfl u I toa�u I 12 I 4CNURTH HEIGHTS 22 ADDN. 9 I I -Fi I-3 71 20 b- I 19 4-8 17 LOT 1 BLOCK 6-R yR ' 16 15 I 14 _ 12wkL 13 y� 22 TF. LOTS 1-8, BLOCK 19 21 LOTS 1-11, BLOCK 20 WORTH HEMS ADA 20 I 19 I iB 17 £ " 1�' • 15 It 16 ._..10 I 11 v 17aWN SwEr W W 12 k IJ SOUTH FORT W W 2 WORTH ADDN. R. BLOCK I LOTS 1-Iz WORTH HEIGHTS 24 TEL CO PLANT BLOCK 35 AOX WORM HLIDHS 1-3 23 AOOI f EXHIBIT A City Project No. 104117 WATER IMPROVEMENTS N OWNER XTO Energy Inc. *PO Box 64106 WE Spring, Texas 77387 S DEVELOPER Ojala Partners, LP 0 150 300 600 2501 N Harwood Street Suite 2400 TOBIAS Dallas, Texas 75201 Telephone: (832) 444-9382 PLACE 1 inch = 300ft. Contact: Daniel Smith Orming; ¢ , .Igr18 --1 -`M 000 Holdings - H-0-11 CmidOr—IWYsAy y71-T{y TWm CFAdeg S..d BI JLWer S— 71—�8:2221 AM IVSIPIASR ,'ePe++a Y.'t'tt�TBJ+9 N.t •F TJ/31GT • N••wq�-�, T1A•. bmrr.. AE. • • :f�eb�Mq""bd VNonN4.can Plotted by: (fuller Plat Data: VMAP" 8:24 AM £ " 1�' • 15 It 16 ._..10 I 11 v 17aWN SwEr W W 12 k IJ SOUTH FORT W W 2 WORTH ADDN. R. BLOCK I LOTS 1-Iz WORTH HEIGHTS 24 TEL CO PLANT BLOCK 35 AOX WORM HLIDHS 1-3 23 AOOI f EXHIBIT A City Project No. 104117 WATER IMPROVEMENTS N OWNER XTO Energy Inc. *PO Box 64106 WE Spring, Texas 77387 S DEVELOPER Ojala Partners, LP 0 150 300 600 2501 N Harwood Street Suite 2400 TOBIAS Dallas, Texas 75201 Telephone: (832) 444-9382 PLACE 1 inch = 300ft. Contact: Daniel Smith Orming; ¢ , .Igr18 --1 -`M 000 Holdings - H-0-11 CmidOr—IWYsAy y71-T{y TWm CFAdeg S..d BI JLWer S— 71—�8:2221 AM IVSIPIASR ,'ePe++a Y.'t'tt�TBJ+9 N.t •F TJ/31GT • N••wq�-�, T1A•. bmrr.. AE. • • :f�eb�Mq""bd VNonN4.can Plotted by: (fuller Plat Data: VMAP" 8:24 AM 20 CAMEROI PLACE 18 8 19 17 15 R 16 14 12 ! 13 11 LOT IRA, BLOCK 51 LOT 1, BLOCK 1 1 SOUTH HEMPHILL HEIGHTS ADDN. NLiGiT FOREST RECREA71ON CENTER , — 15100150N ST. �— 1 SOUTH FORT SOUR AWN, z 3 €� I 4 I �7§ i B 9 5 to L� $W 1H FORT 1 WORM ADON. 2 I 2OR 3 CAMERON PLACE 5 19 II 16 Imo_ 6-I8 1 8 Proposed 121E 56-1 Froposm Vtt ✓✓ 1 12 11 I DIITIER Si. ""=:.. kas se 'WW Proposed 4• MH 3 t8 Connect to Fx 8" Sewer _....7........ I LOTS 1-12 BLOC( 11 RYAN d PRUITT I ° 1 22 ^--� W1211N xEIOHTS, zD I r I 4 p_g to 17 15 I S 3E 14 10 11 13 4 F 12 I� WMTH HEIGHTSI AWN. 22 9 !mil y I` 1-3 21 ' F 19 BLOCK 6-R 18 Proposed 8D 65_,4� 2E I s er,,,=,.'-`!-� 1pfDll i4 55-I q p t f po&W V V 9-11 1 / L r � rropowd 15° 56-1 22 1-& am 19 LOTS 1-11 BLOCK 20 i 21 • SOUTH FORT YPJRIH ADON! ...... � 14 WORTH HEIGHTS ADDN. 15 3 I 16 I 9 15 tl 4 15 I................. I t8 14s - 13 rmpoeed 150 65-1— 2 7 12 7 �I2� L• -_`__ I� pp I� rDf0O _OQ�_-f/ 6�L i 15t18 11 Connect to Fx 16° hewer � , t 10 u F PLI.AN STREET .sue I I 4-5 4R SOUTH FGir WW 2 WGI1H AD N. I SOUTH FORT NORTH AOON. 6-8 R. BLOCK I LOTS II WORTH HMT5 HEEL CD PLANT BLOCK 36 ADG1. WORTH NEIGHS 1-3 AGIN. 1 EXHIBIT Al City Project No. 104117 SEWER IMPROVEMENTS 14 12 d 13 24 23 — WW WW — Ex SM lira Rap, Sac" N Fort OWNER Worth Housing Finance Corporation W ® E 200 Texas Street Fort Worth, Texas 76102 S DEVELOPER Ojala Partners, LP 0 150 300 600 2501 N Harwood Street Suite 2400 TOBIAS IVSPIARS Dallas, Texas 75201 Telephone: (832) 444-9382 PLACE ENGINEERING & SURVEYING :.. „ ' 1 inch = 300ft. Contact: Daniel Smith Orodn¢ G\2021 JCMVI-193 Gjola Holdings - Ila.0 11 Corddor MuWf—ty\CAD\21-193 Tobias CFAdrvg Saved B/. J%91e Says Tyne: 7/2B/2023 &23:21 AM Plotted by: JfW1er Plat Dale. 7/26/2023 8:25 AN 1 LOT 7RA. BLOCK 51 LOT 1, BLOCK I ' LOTS I-Iz BLOCK 63 SOUTH HEMPHILL HEIGHTS ADDN. VICTORY FOREST RECREAOON CENTER RYAN d PRUITT Proposed 4° Proposed Bander• concrete sld"Ill: Free Ramp Barter FPreep Nil 1 22 SOUTH Foar 7D 1 NORM ADON. I I ' I / CANERON PUCE 2 21 8d19 3 � WORM HEIGHTS ADDIL 20 � 17 52 a I � I d'""`i COnGreie 75d 16 6 J�Q 2-9 F- i§%N I ins ,T 14 16 e Tt 12dI3 14� 15 9 I I s I f� 14 11 0 13 —� 10 ! It 4 2 1 SOUTH PORT I WORTH NOON. ] x i WORTH HEIGHTS 22 ADEN. 209 3 I 1-3 21 CAMEROM PLACE 4 i �I I 20 19 7 L] LOT 13-R i t43 r aF I g m 4-8 17 BLOCK 8 - LOT I BLOCK 6R -6-1 16 B 16 9 I 15 € 14 7 }. 13-15 I y_tl 9-1t 1 12 Ixau ` J i evnF3Lsr. �„ CAMERON PUCE II/ I HI I 22 17 d HI I .................. 1 111 LOTS 1-8. BLOCK 19 21 2 17 LOTS 1-14. BLOCK 20 1 ,....SOUTH 'OR' KA RM A16 16 ..•... i WORM HEIGHTS AODN. 20 5 16 I IS d 4 15 I 19 J 5 .......;�.......` 14 I 18 � 17 " Propceed Bander _ 12 Free Ramp Proposed 6° r-Y ,5d16 11 1 8 /1 �14f,lyfl'��,'�,' 10 10 �- `• 14 D,OG011 STREET Pf'O/p�O��e.e�d �4.p� P ppI Ranier 12 d,3 4-5 a SCUMFO 2 WORTH Free p SOUTH FORT LOT IIN, BLLOCK IIlR LOTS 1-12. WORTH HEIGHTS 24 WORTH Appt1. TEXAS STEEL CO PLANT I BLOCK 36 AWN. 'NORM HEIGHTS 1-3 23 6 8 ADDN. EXHIBIT B City Project No. 104117 PAVa1C3LFQE�ID PAVING IMPROVEMENTS s • 1 �• sde.� N OWNER r 10=6 Pals at Fort Worth Housing Finance Corporation W E 200 Texas Street Fort Worth, Texas 76102 Berta Flee kflp S DEVELOPER Ojala Partners, LP 0 150 300 Soo 2501 N Harwood Street Suite 2400 TOBIAS IVSPIARS Dallas, Texas 75201 ENGINEERING & SURVEYING Telephone: (832) 444-9382 PLACE 1 inch = 300 ft. Contact: Daniel Smith Vowing G:\2021 JOBS\21-193 Cl Wdnga Henph'll C 'd MuV—Iy\GD\21-193 Tobea CFAday S—d By, JFulim S— Tine: 8/14/2023 8:46:04 AAI -- Plotted by: tfiamett Plot D ta: B/1a/2023 4:12 PM 20 CAMEROI PUCE 18 8 19 17 15 A 16 14 12 k 13 11 rwpcem 36e Kc r IaR CAMERON RACE 19 Pro ft4' RBC P LOT 7RA BLOCK 51 LOT 1. BLOCK , L015 1-12, BLOIX 63 SOUTH HDOHILL HEIGHTS ADDN. VICTORY FOREST RECREATION CENTER RYAN k PRUITT I I —91DDISON ST. SOUTH FORT I 1 WORTH ADDN. ��if I ly6 I 1 B 9 I l a 9 70 � I SOUTH FORT T WORTH n6DN. I I z I — J 5 II 7 4l e L01 13-R - 5-1 CAMERON PLACE I I 1 I6 17 k to .................. .......... 11 .. I 2 17 .....SOUTH FORT IIOR111 A6N .. 1...... tG 71rT' RBC 14 Q 4 I I IS I Propoeed 13 6 13 Wf � 8 11 10 �- 9 ON�eONSOiEET 4-5 4R 1 FORT ilSOUTHl" 1 NORTH ADDN. I + 1 ZZ MpHN NDOHIS 21 yl 20 II 19 S Ism I _ . 2-g le Iw I 1- 17 W� I� or HIP 16 15 I 5k� 5 IgJ 14 �I 08I1 13 I I \ 11 Pond NORTH HOCHTS , AMR. 22 s I-3 21 r I � Io a_ 9 I - D IEg of 1e Proposed 8k12 RX he 7 Proposed 75dZ RX II 14 9-11 12 k 13 Proposed 2-10k14' RBC ��� LOTS 1-8 BLODI 19 LOTS 1-11. MOCK 20 21 INORTH HEIOITS AM 20 I- GiYVMi{e 19 aw.pn/y�H H2e/e�0 16 17 15 8 16 m \# I uku I a SOUTH FORT LOT IR. BLOCK I LOTS I-1Z WOR H HHN � TSTS 24 WORTH ADDN. TEXAS STEEL O3 PLANT BLOCX 76 WORTH HDCH1-1 23 fi-8 AOpt EXHIBIT B 1 AGE City Project No. 104117 �e �� can DRAINAGE IMPROVEMENTS — FL Stolen Saa Fp Prop. Sbxm Sef Fr N OWNER Fort Worth Housing Finance Corporation W ® E 200 Texas Street Fort Worth, Texas 76102 S DEVELOPER Ojala Partners, LP 0 150 300 600 2501 N Harwood Street Suite 2400 TOBIAS IVSPIARS Dallas, Texas 75201 NEERING & SURVEYING Telephone: (832) 444-9382 PLACE hGI,.,. ' • °♦AR.M^ 1 Inch = 300ft. Contact: Daniel Smith "- D 'n¢ G:\2021 JOBS\21-193 Ojdo Hold p - Hemphill Corridor MAUfomIy\CAO\21-193 Tol i= CFAdq SWed By...MWIw S e Tk : 7/28/2023 &2321 AM Plotted by: jfuller Plat Dols: 7/28/2023 8:25 AM LOT 7RA, BLOCK 51 LOT 1, BLOCK I 4 LOTS 1-12. BLOCK fi7 SOUIH HEMPHIL HEI(N IS ADDS. NCTNtY FOREST RECRCATCN CENTER RYAN h PRUITT —dOW50N 5T. """...- 20 CAMERON RACE r. ITTB 19 17 a y 1j A 16 I i 12k17 0 - SOUTH FORT WORTH FORT 2 '- 2OP 7 4 fj CAMERON PLACE 19 I i 1 E -j 1.—F_ Jo Propoaad 9 No Outlet Siff 17-15 CUTLER ST. , to CAMERON PLACE `� I 18 ccuuLWInalreon 'eoRTH ADDI...... 16 EX lltiltty Me 16 14 Luminaro IProdn ,•• 7 ,lac Utlltty POI0 12 It2 O S 10 PI760N STREET 1 _ f 22 21 IdlmU1il11s on wiY s !9 l;i. E {hj�M1i FOW 'O'er 20 - .ii f 4l0 :,IT 29 16 r_ t4 .1 7 C I' 10 $ 1" 12 �_I. WOP.Ti 1EIO45 22 `. AOON. a 4-fi 17 15 I u 17— 9-11 12 @ 17 22 0T5 1-0. BLOCK 19 21 LOTS 1-11, BLOCK 20 WORTH -$E01TS ADDS. 20 Frop"ad 6 No Outlet Sign 11 �pp� 13 W 16 and Luminalre 14 4 5 49 1 Wi FORT I -00-B1 AD)" SOUTH FORT NORTx ADDS. COT IR, BLOCK 1 LCTS 1-12 WOR11I MII'x"�,3 24 TEXAS STEEL CO PLANT it OD( 38 '+ fi 6 WCO111 HCIQ:79 1-3 27 A u1x. EXHIBIT C City Project No. 104117 STREET LIGHTING & TRAFFIC SIGN IMPROVEMENTS N OWNER Fort Worth Housing Finance Corporation W ® E 200 Texas Street Fort Worth, Texas 76102 S DEVELOPER Ojala Partners, LP 0 150 300 600 2501 N Harwood Street Suite 2400 TOBIAS Dallas, Texas 75201 Telephone: (832) 444-9382 PLACE 1 inch = 300ft. Contact: Daniel Smith D—i,q. G.\2021 JC35\21-193 Jima Haieings - Uen,pnw Cmtcar Mu amindv\C`0\?1-1UJ %U- CK,YeBy Sawa By: Jfunv Save Rme: 7/25/202, 8:23:21 P/A o--0 EL street UgR pp EL P* Mounted rree*w H EL lead Pak H P*Shw* ---QHE— Prop. 00W lrc IVSIPIARSENGNEERIN� a•;s u:..-, s:.,, �:,an s,::+.�.,.. a.n w.m,Tx 1e^.n. on 4u can 1BPT, Ib F.2i29 !BLEB Nx FABa4NC0 �•.Ab•Mn.W:n Tytr BwrBLt, P.E. ' • A. � � mr FhBed by: jfaller Plot Dal, 7/25, 20233 5.25 .AN UNIT PRICE BID SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Project Item Information 00 42 43 DAP -BID PROPOSAL Page I of 7 Bidder's Application Bidder's Proposal Bidlist item I Description Specification Specification Unit of Bid I Unit Price Bid Value No, No. Measure Quantity 11 M.�RQVEMEA 1 .. tUNIT�. tNATE� I32 _1 3201.0127 10' Wide Asphalt Pvmt Repair, Arterial 1a17 LF _ 140' _ $225.00 $31,500.00 2 �3201.0616 Conc Pvrnt Repair, ArteriaUlndustrial _ 34 4130 _ TM T SY _ 10 $220.00 _ $2,200.00 __._.._3...___ 3216.0101 6" Conc Curb and Gutter 321613 LF_- 10 $130.Oo $1,300,00 4_ Y 3305.0004 10" Waterline Ltnnrering_.....__.......__..._._.._...__. T _ T •33 0512......... FA 5 ....... $17,265.00 _ . $86,325.00 55 3305A109 Trench Safety 10 n 32 01 17 LS $250.00 0 $250.00 _. 6 ..._......_...__._....._.._....__......... 3305.1002 24" Casing Sy Open Cut .....................__.............._..._.........._.........................._1 34 Oti 24 LF .45 _......._._....._...._......._. .. _ ....5..A . ........_ - S1t),675P0 7 3471.0001 Traffic Control .. 34 71.13 _.., M O ?, _. _L� . $4A00.00 8 10 11 _._._.........._................................................................. 13 ..... _._.._...._......................._..._....:.__..__._._.._ ............_........._........__._...... ....... _...._..__.._ 15 ...__..._.__.._ _..____.._._._.-__Y _ ___._ _.__.__� _ __._._._..__._...__..._........_...._......�._.__.__ 16 17 18 19 20 21 22 23 ....... ...... _.... ........... __....... ....... ... _._....... ..... _.___._....___._. 24 _.25__._.__....__..._.,_ _....__._._......_...._..__..._,............._......._........._.-.........._ _._.__.._._._..........___...._...._.,_._.____..__...__.......,..___.___....___.......,.._..___.___.._____........_._._.__.._.._....._..._.._........_......_......_......_.....__...._...._.._.... ............ ..... _........ 27 ..... .,.,......_.._...__............_........_.......... _.... ... ..... ....... ...... _...... -.- .................... .._,__._ 28..................... ....... __....... ... ___._......_..._......... .......... _..._._._.......,......... _._. 29 ..... ._ ....... ......... .... ........ __.. . ....... —30 31 32 33 35 ............... 36 37 38 39 40 41 42 43 44 45 TOTA - UNIT is WATER IMPROVEMENTS $144,250.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Farts Yemioo May 22, 2019 RmummP 30 - New Devetopmat Resourea Spm and Contact Dowmeea 00 42 43 Bid Pmposal DAP 00 42 43 DAP - BID PROPOSAL Page 2 af7 UNIT 8: SANITARY.1 WER IMPROVEMENTS 1. 0241.2001_Sanitary Line Grouting 02 41 4 CY 20 $500,00 $1 Q 000.00 _ 1 ._... 0241.2013 Remove 8" Sewer Line _ 02 41 14 ..... _ ._._.__ LF 30 ..._...__ __... $10.00 -.__,. _...,.-,._ $300.00 _......._--__...__. __.._._.._-..__..._ 2 .................._........................._............-.........._......,....................._._........................v............._......._.._....___..............,. ,,,0241.2015 Remove 12" Sewer Line . ..._.. 024114 ......._.............._...._LF.__..... _.... _.-_._.. .. _.._.._.. _.. ,,._. ...._. ...... _ _ $10:00 ___ _._.. �$450.00 . _ 3 _. __.._.. ............ .......... 0241.2105 1.2:' Sewer Abandonment Plu -,• � 0241 14 - 4 ___........._.$1.00.00 ............. $400.00 4 0241.2201 Remove 4' 5 ....... ....., _ _ . ,.., _... 3201.0127 10' Wide Asphalt Pvmt Repair, Arterial ,__..__.....__._....__...._ 32 01 17 ...... ., .w LF 250 (Jennings Ave} ......... ........... ..--.......... ......___.-......... _.............. 6 3201.0202 Asphalt Pvmt Repair Beyond Defined 3301 17 SY 170 .._ -• Width. Arterial (Jennie s Ayei_-...__.....- _.........,................_......................... ......_............ _.. _. - ._ ...,..._... ... _ $115.00 _...._ $18,550�00 7 3201.0400 Temporary Asphalt Paving Repair (Butler 32 01 18 LF St -.AU 0.._ . ______.__ ___... ,._._...._., _._ . _._. _..._......_.. _. _ __ _ ._.._. _ _. ___ _.........._ . 85 _ . ,.._-_.$38 00 _..._._..,_��.._.. 23a QO ,.. 8 3201.0656 Conc Pvmt Repair, HES, Arterial/Industrial 32 01 29 SY 100 $215.00 , $21.500.00 _�._._y__._ 9_.. .__.___......._..........._.___..__...„.._..__......___.......___..................._._...._..._....,......_-.._ _. 3291.01.Topsoii......___..._..__........__....._.. ................,........_.3291 ..._._.........._.__.._._____.._.._.____... 19................_._ CY.. _-....._ _ _..._. 5.00.. .. ... b2.218.Od 10 3292.0201 Utility Service Surface_ Restoration. Seeding. 32-9213 ....__.._ _.__SY .__ ___ ...405 .__,. _.......$9;00 ..,..... _$3,645.00 _.M_. 11 3301.0001 Pre -CCTV inspection 33 01 31 LF 700 14.1200.00 12...._. 3301.0002 Post -CCTV Inspection._..._..._ 330131 ,..........._..._...L-F ............ .. _.... 813 _. 13 _,,....,,._..�..._.. ,,. 3301 0101 Manhole Vacuum Testing 33 01 30 EA 14 $200.00 $2,000.00 14 ............._ . . .. . .... ..... _............. ...... 3303.0001 Bypass Pumping 330310 LS....... 1 $125,000.00 _ $125 000.00 15 _ __..__. . -__ ......_ ....... .- 3305.0109 Trench Safety 330510 _ LF _ 686 .....................$2.00 _..............._$1,372 00 16 3305.0112 Concrete Collar for Manhole 330517 EA 4 $1,125,00 _.$4 50Q;OQ �?_ _ 3306.01-13 Trench Water Stops....-...._ _ ..,.,._ ..._....33 05 15 EA 7 _$90o_ 33d5 0116 Concrete Encasement for Utility Pipes 330510 __ __._.CY..__ _..._. $5 _ _ .._ $250 00 $11.250.00 -18 3306.0202 Imported Embedment/Backfll_ CSS...., _ 330510 CY 10 $200.00 _ $2,000.00 20 3305 0207 Imported Embedment/l3ackfiii SelectFill 330510 10 r _ CY 125 $50.00 $6,250.00 -„ 21 33051003 20' Casing By Open Cut 33 05 22 LF 185 $395 00 .._ $T3,075,00 22 „ 3305 3002 8" Sewer Camer Pipe (D1P) 33 05 24 _ LF. 50 ,, w _, $290.00 . , ., $14,500,00 23 3305.3004 12" Sewer Carrier Pipe (DIP} _.....___..______.__________---- 330524 24 LF 135 $545.00 $73,575.00 ___.._._._...._....,_..........._ 24 ............._.-__...._.._......... _ 3331.4115 8" Sewer Pipe_. ....................................... _._._..__._____...._..___.___._.._............___.__.__.__........_-._-....--.____..__-- 33,-31 20..... ........ ...,...LF........ .... 56 ........b420:Q0 ..__._ 323,520.00 ??_ 3331 4119 6 Sewer Pipe ._.. ,......., , 331110 ...._�... ,_ __._..__ 20 _.._ $296 00 _ 26 _ „DIP _ 3331 4214 12" DIP Sewer Select Backfiil _ ... 331110 _ LF 65 _ $548.00 "�35,620.00 „ 27 3338 0001 Epoxy Manhole Liner 1....... 33 39 60 VF . 195 5450,00 $87 750,00 28 3339.1001 4' Manhole 33 39 20 EA 7 ....__3_$3$1Q+^3._4'.Rfot?�!II�CIILQ�P�_.__._._..,.__._, ,� ..,......__...,.._............ 33 39 20..._..._._....,...,.......-ER._...,.......,._,_.._._,_3 ......5229��00�00 ....... __....._..__ _._.._._$8a500.00 .._..._...._.______. 30 3339.1003 4' Extra Depth Manhole 33 39 10.33 VF 110 $22.000.00 . .._ _. 31„ __.. _ .... . _ _ _ .__ _ _.._ __ __._ 71,0401,_TrafficControi _ _._._..._... _...,_ - 347113 ___... - Ma ...... __._,_...____..._$200.00 -.... 1. $4,000.E __...._- $4,000,00 9999,000I__15" HDPEPE.Sewer_Pipe..___ ____..._.---_..W..._..._ 99 99 99 �Fw.,_. _.._.__280 ___....._. $575.00 $1811000�00 33 9999 0002 15"HDPE Sewer Pipe, Select Backfill 99 99 99 LF gp 5575 00 _ $46,000AO 34.._ ..__._.___ _-_ 9999.000315"PVC Sewer Pipe.. Select Badcfi0_- 99 99 99 _ __T_LF..,.,-. _� ........ $595.00 ,- $122,570.00 35 ...... .... .38.___._....._._........__.._....___.......___._.__...___.....__......._.......___..._...____. 39 .t 40 __................ .._...... ._.__............_.._...._.._.._-_..__ ....__........_._...._.___ ____---___._.. _.__..__. _.__._....,...._ 41 42 43 44 45 46 TOTAL UNIT 11: SANITARY SEWER IMPROVEMENTS $1,268,067.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Venion May 22, 2019 Res r=P 30 - New Developmenr Rnaarw_Spea and Cmtmo Dow is 004243 Bid Prop al DAP 00 42 43 DAP - BID PROPOSAL Page 3 of 7 UNIT III: DRAINAGE IMPROVEM(;NTS 1 0135.0101 Railroad Coordination "........ LS 1 $48,000.00 $48,000.00 2... 0241.0500 Remove Fence 02 41 14 . LIF 452 . _.. _ _ $7.00 $3,164,00 _... 3 .... _... „ _ ...., ... ..... 0241.3001 Storm Llne Grouting Q2 41 14 CY 140 $460.00 _ $64,400 00 4 .... .. 0241.3013 Remove 18 Storm Line 02 41 14 LF 53 _ _ _. __$65.00 5 0241 3015 Remove 24 Storm Line 02 41 14 LF 45 $65.00 $2,925.00 6 0241 3017 Remove 30" Storm Line 02 41 14„ _....LF.... - 42 .._...... _ $70,00 ... _ . _$2t940.00. 7W 0241.3023 Remove 48 Storrn Line 11 02 41 14„- LF m _ 570 _ , $80.00 $45,60000 - 8 .. 0241.3024 Remove 54" Storm Line .. 02 41 14 LF 220 $100.00 _ ._ .. $22,000.00 9 .._._ _..._... __..,.... 0241.3102 18 Storm Abandonment Plug02 41 14 EA 6 $150 00 �900.00 10 0241.3104 24" Storm Abandonment Plug 02 41 14 EA„ 4 $200.c0 $800.00' 11 0241 3106 30" Storm Abandonment Plug 0241 14 EA 4 $300 00 12 0241.3112 48 Storm Abandonment Plug„ 02 41 14 EA 2 _-$350.00 _ $700.00 13 0241.3401 Remove 4 Storm Junction Box 0241 14 EA 1 $6,000.00, $6.000.00 14 0241.4001 Remove 10' Curb Inlet 02 41 14 EA 7 _$5y000.00 15 0241.4401 Remove Headwall/SET 0241 14 EA 1 .. $3,430:00 $3,43000 16 3110 0101 I.N-_ 17 . .. 3110.0102 6%12" Tree Removal, 31 10„00 EA 6 $1 500.00 $9,000.00 18 „ µ 3110.01 d. 12"-18" Tree Removal 31 10 00 EA 1 $2,000.00 „ $2 000.00 19 3123.0101 Unclassified Excavation by Plan 31 23 16 CY 24888 „ $26,25 $653,310.00 ZO 3125 0101 SWPPP z 1 acre _ 31 25 00 LS 1 $6,225,00 $6 225 00 21 3201,0117 10 Wide Asphalt Pvmt Repair Residential 3201 17 LF 185 $200.00 $37,000.00 � 3201,0201 Asphalt Pvmt Repair Beyond Defined sp 3201 17 SY 405 Width Residential (W. Butler,St)..__.. _ _ ... $10000 ....._ $40,500.00 23 3201.0202 Asphalt Pvmt Repair Beyond Defined 3301 17 SY 50 Width,_Arterial (Hemphill St) _. $115 00 $5,750.00 24 3305.0109 Trench Safety 330510 LF 3562 $1 75 $6 233.50 25 3341,0205 24" RCP, Ciass ill 33 41 10 LF 12.3 $270 00 $33.210.00. 26 3341.0309 36" RCP, Ciass 111 3341 10 LF 502 _$425.00 _ $213,350.00 27 3341 0409 18" RCP, Ciass ill 33 41 10 LF 14 $435.00 $6,090.04 28 3341 6409 48 RCP Ciass Ill 3341 10 LF 45 $785.00 . - _$35,325.00 29 3341.1302 6x3Box Cuivert 334110 LF 23 $1,095.00 $25,185.00 30 3341.1363 64 box Culvert 33 41 10 LF 784 $995,00 $780,080.00 31 3341.1661 9x4boxCulvert 334110 LF 784 $1,145.00._, $897,680.00 32 3341.2003 10x6 Box Culvert 33 41 10 LF 267 $1.620.00 $432,540.00 33 3341 2201 12Box Culvert 33 10 41x4 LF 421. ...$1895.00...__.$797,795.00 ,. 34 ..__... ..._._ _..__,.._._. _... _ 3341.2204 12x7 Box Culvert 33 41 10 LF 284 $1,980.00 $562,320.00 35 3341 2205 12x8 Box Culvert 33 41 10 LF 284 $2 040 00 $579 360.00 36 3341 3501 21"ADS HP PP Pipe 33,411,13 13 LF „ „ 12 $120 00 $1.440 00 37 _ 3341 3501 24" ADS HP PP Pipe 33 41 13 LF 12 $140.00 $1,680.00 38 3341.3501 42" ADS HP PP Pipe 33 41 13 LF 15 $245.00 $3,675.00 39 3349.0002 5' Storm Junction Box 33,4910 EA 1 $15,500.00 $15,500.00 46 3349 0006 Storm Junction Structure (12 x12') 33 49 10 LS 1 $75 000, 00 . $75t000A0 41 3349 0007 Storm Junction Structure (15 x10) 33 49 10 LS 1 $115,000.00 $115,000 OQ 42 3349 0008 Storm Junction Structure (16 x1,6- 33 49 10 LS 1 $130,000.00 $130,000.00 43 3349 0104 4' Stacked Manhole 33 49 10 EA 2 $2,250A0 $4,500.00 44 3349,5001 10Curb inlet 33 406 EA 2 $13,000.00 $26,000.00 45 3349 5003 20' Curb Inlet 33 49.20 EA 9 $17,500 00 $157,50000 46 3471 0001 Traffic Control 3471 13 MO 6 $4,000.00 $24,000.00 47 9999 0004 10 x14' RCB....... 33 41 10 LF 350 $3,220.00 $1 127,000.00 _ 48 9999.0005 Remove 7'x4' Storm Line 02 41 14 LF 35 $300.00 $10,600.00 49 9999.0006 8'x3' SCP-8 Single Box Culvert Precast 33 41 10 LF 31 $1,345.00 $41,69540 50 4§69,6607 Concrete Paving Repair with Asphalt 32 01 17 SY 4662 $132.00 $615,384.00 TOTAL UNIT fill: DRAINAGE IMPROVEMENTS $7,712,831.50 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 Resouras 30 - New Development Resources -Specs and Contact DDcunlents 00 42 43 Did Proposal_DAP 00 42 43 DAP - BfD PROPOSAL Pap 4 00 UNIT IV: PAVING rV'11VEMESSF AVI%rV'11VEMETSSF 1 '0241,0100 Remove Sidewalk SW $5.00 $4.250.00 2 0241.0402 Remove AsphaltDrive 0241 13 SF .............. 130 $S.00 --------- $650.00 0241 15 SY 105 $5.00 �24i.1100 Remove Asphalt Pvmt ......... . . . 024115 $12936.00 ..... . .......... C on (Hemphill 32 12 16 TN 33 $225.00 ... . ........ $7 5.00 321320 SF 1375 $12.00 $16500.00 Crete qr-ivev�-ax..- 321313 800 $18.50 $51.15WOO 3,0401 6" Concrete Driveway . .......... I .... ... ........ .. ...................... . ....... .. ............. . . . ------ 321320 SF .. . 272 .. ... . ..... ..... - § ._ ..... ........ $18.25 $49,731.25 ------ 9 --id" . 3213.05M Banter Free Ramp, Type P-1 .11 - - I -- 1 -.11 - 1--l" - I - Iiiii.didi 321320 1-.,-- EA 1. � I -- 7 I ...' .. _ eb...... onc Curb and Gutter . . . . .. . . ............... . .. . .......... .............. 321613 . . ....... ..... - -------- . ...... LF ------ 46 $130.00 _._02,_ 40q.00 11 3216.0302 11" Conc Valley Gutter, ArteriaVIndustrial 32 01 29 SY --_LF 130 $210.00 $27,300.00 12 7.0101 W SLD Pvmt Marking HAS (W) 321723 tj ?q ... . . .... .. .. ii Foi(ji Pvmt n 321723 LF 2440 . 1. ...... .... . ..... .... . .. I i-4" .,Ma 8217.61& Pvmt Marking HAS . 321723 ......... I ......... . .. . LF 450 $1.75 5 --'i6 3217.0107 6" BRK Pvmt Marking HAS (Y) ... .....Legend.... 321723 LF 2440 $1.75 $4,270.00 . 0'-O'2--'Lans Arrow .......... . .......... .... ..... -Le-gendRn!y___ 321723 EA ..... 8 177--- 321-71004 Lane 321723 ........... ... ... . EA .. .... 2 $426.00 $00.00 18 I...- I.-..." 3217*1005 Lane Legend Bus Lane .. I . ............ ....... . . .. . ....... -i $425.00 . ........ ji2 -06 . . ....... . ........ .......... ..... 19 I 3217.1006 Lane Legend Bike 321723 - .. . . ....... EA 7 - 20.... . . ......... ... . ....... ............. . .. 3217.4302 Remove 6" Pvmt Marking .. . .... . ........ - ...... ..... . .... 321723 LF 10180 1 3217.4402 Remove Lane Legend Arrow 321723 EA $6WOU 22 3217.4404 Remove Lane Legend ON 321723 EA 2 $77.00 23 3217.4405 Remove lane Legend Bus Lane 32 17 23 EA 1 $77.00 $77.00 24 3217,4406 Remove Lane Legend Bike 321723 -EA 7 _____$77.00. ....... - 25 3441.4003 Furnish/install Alum Sign Ground Mount EA 2 $550.00 3471.0001 Traffic Control 27 9999.0012 Asphalt Driveway 3313 20 SF 1275 $12.00 $15.300.00 9999.0013 Permananent End of Road Barricade . . .... ..... .... . . ......... ... . .... ... . ... .... ........ .. . . .... ... .. ...... ...... ... .......... . 30 ------ ..... . ........ . ..... ...... . ... .......... ......... ....... ...... . ........ . ........ ....... .. ........ .. ... . .... .......... . ............ ...... .. . . .. ........ ....... .............. .. .. .. . . . - - ----- 37 . .. . . . 38 .. .. ....... ........ .. . . ....... .... .... ......... 41 ......... ------ - .. . . ...... ........... .. . . ... ... .............. . ..... . . 42 - . . . 43 . ...... . . ....... . . ..... 44 . . ................................ . . . .......... TOTAL JNIT IV: PAVING IMPROVEMENTS $320,266.25 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS F.= Veioa May 22. 2019 RmumwP-30 - New D"elopw&mt Rcsaktrcvs_Spem and Conum Docunnnts, 00 42 43-Bid PmpouLDAP 00 42 43 DAP -BM PROPOSAL Page 5 of7 UNIT V: STREET LIG 'M G I'TPROVEMIENTS 1 3441.1646 Fumishlinstaff TylD.p 33B Arm 12 EA 4 75.00 $4,700.00 1.3011 Span Wire 3/16' 34 41 11 LF $20.66 . ......... .no, LED Lighting Fbdure 34 41 20 EA .505 4 -Alol(NLqq 40j 4 .. -- .... ........ . .. 3441,3331 3(r Timber Pole CL 2 344111EA,_..._,.$3,500.00 . . ......... . . . .. .. . . .......... . . ..... .. $3,500.00 ......... .... . ... . ..... .... .......... ......... . .... . .... ......... ........ . ...... ....... . .. .... ....... .. . . ...... . . 7 . . . . ...... . ............ 8 ... . .... ..... ...... . 10 . . ..... . .. ..... . ...... . ........ 12 13 14 ........ ...... 15 . . . 16 17 8 ... . . ..... . . . ........ . . ..... ... ... ..... . .. ........ . .......... . ........... . ....... . 19 — -- -------- . . . .......................... .. ...... .......... . . ................ ..... ............. . 20 . .... .......... . . . . . 21 22 24 25 . .......... ........ . ..... . . 28 .......... .......... . . .. 29 30 . 31 . ...... ........... . ........... . . ... . .. . ............................... . ........ . . .... ................ . .... . ...................... 33 . . . . . . .... 34 35 ...... . .... .... . . ......... 36 .. . ....... ...... 37 . ----- -- ............. ......... .......... .. . .... 39 40 41 42 43 ...... . . ... ....... 44 ...... . .. 45 . . TOTAL UNIT V, STREET LIGHTING IMPROVEMENTS $20,240.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS ,am Version May 22, 1019 Resourms?-30 . Now Development Rasourc4s_Spm and Contract Docuniens-00 42 43—Sid Proposal DAP 00 42 43 DAP - HID PROPOSAL Paso 6 of 7 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Ve Wn May 22. 2019 Rmour P 30 -.New Development Reaourcea Spec and Contmct Documents_00 42 43 Hid Propoml_DAP 00 a: 43 DAP - BID PROPOSAL Peue 7 of 7 Bid Summary UNIT I: WATER IMPROVEMENTS $144,250,00 UNIT Ii: SANITARY SEWER IMPROVEMENTS 2 , $1 _ $168,Ofi7.00 UNIT III: DRAINAGE IMPROVEMENTS $7,712,831.50 UNIT IV: PAVING IMPROVEMENTS $320,266.25 UNIT V: STREET LIGHTING IMPROVEMENTS $20,240.00 UNIT VI: TRAFFIC SIGNAL IMPROVEMENTS Total Construction Bid $9,465,654.75 This Bid is submitted by the entity named below: BIDDER: BY: fro) I...tuchso0 i1i virtu'1i Ltd. jacs5112 Still ril TITLE: Presidelzf l' o rt %% o rt h. "11 'G 119 DATE: 1;14l2E1? 3 Contractor agrees to complete WORK for FINAL ACCEPTANCE within 427 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 AWARDCD PROJECTS Form Version May 22.2019 ResourcesP_30 -New Development Resources_Specs and Contract Documents_004243_Bid Propasal_DAP 7/31/23, 4:34 PM M&C Review CITY COUNCIL AGENDA Create New From This M&C DATE: 6/27/2023 REFERENCE NO.: **M&C 23-0591 LOG NAME: CODE: C TYPE: CONSENT PUBLIC HEARING: OY; dal s to )` t if, City of Fort Woh, Texas 19TOBIAS PLACE - ARPA FUNDS NO SUBJECT: (CD 9) Authorize Execution of a Forgivable Subordinate Loan in the Amount of $8,000,000.00 using American Rescue Plan Act Funds and Related Agreements for Construction of Stormwater Drainage and Other Infrastructure Improvements Relating to the Tobias Place, an Affordable Housing Development at 505 West Biddison Street and 3500 South Jennings Avenue; and Find that the Loan Serves a Public Purpose and that Adequate Controls are in Place RECOMMENDATION: It is recommended that the City Council take the following actions associated with support of Tobias Place, an affordable housing development, located at 505 West Biddison Street and 3500 South Jennings Avenue (Project): 1. Authorize execution of a forgivable, subordinate loan in the amount of $8,000,000.00 using American Rescue Plan Act funds for the benefit of Tobias Place, LP, and other entities involved in the Project, for construction costs associated with stormwater drainage and other infrastructure improvements in support of the development of the Project; 2. Authorize the City Manager, or his designee, to execute all related contracts, loan documents, and other documents necessary for lending activities with specified terms; 3. Authorize the City Manager or his designee to extend the contract if such an extension is necessary for completion of the Project, and to extend all other required documents for lending activities as necessary for the development of the Project; 4. Authorize the City Manager, or his designee, to amend the contract and other required documents if necessary to achieve Project goals, provided that the amendments are within the scope of the Project and in compliance with City policies and applicable laws and regulations governing the use of federal funds; and 5. Find that providing a forgivable loan for construction costs associated with infrastructure improvements in support of the development of Tobias Place achieves the public purpose of increasing quality, affordable, accessible housing to low- to moderate -income households in the City and that adequate controls through the contract and related loan documents are in place to ensure that the public purpose is carried out. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to seek City Council authority to execute contracts and related loan documents in order to provide $8,000,000.00 in previously set - aside American Rescue Plan Act (ARPA) funds to support development of an affordable multifamily housing development in the Worth Heights neighborhood. On September 27, 2022, City Council committed $8,000,000.00 from the Coronavirus State and Local Fiscal Recovery Funds (SLRF) Program — a part of ARPA — in support of the development of Tobias Place (through M&C 22-0789, as amended and adopted). Tobias Place will be a new, affordable multifamily housing development consisting of approximately 288 units. There will be approximately 235 units set aside for households earning 60 percent or less of Area Median Income (AMI) with another 53 units set aside for households earning 0-30 percent of AMI. The development will consist of one -bedroom, two -bedroom, and three -bedroom units with apps.cfwnet.org/council_packeYmc_review.asp?ID=31218&councildate=6/27/2023 1 /3 7/31/23, 4:34 PM M&C Review community and activity space including a children's play area, dog run, pool, and co -working and meeting rooms. This M&C seeks City Council authority to execute contracts and related loan documents for the approved ARPA funds in the amount of $8,000,000.00. The funds will be provided to benefit the Project in the form of a forgivable, subordinate loan based on the terms listed below. Staff recommends the following ARPA loan terms: 1. Loan term commences on the date of execution by all parties and ends as set forth in the loan documents; 2. First lien commercial construction loan terms must be acceptable to the City of Fort Worth (City); 3. Borrower's performance of contractual obligations will be secured by a deed of trust; and 4. Payment of ARPA fund loans will only be required if borrower fails to comply with a contractual obligation(s). In order for the Project financing to work while still meeting all regulatory requirements, it is anticipated that an intermediate borrower will be involved. If that structure is utilized, the City would loan funds to the intermediate borrower (currently anticipated to be a partially owned affiliate of the Fort Worth Housing Finance Corporation (FWHFC)) which would then loan the funds to Tobias Place, LP or a related entity. NOTE: A similar structure is anticipated to be used for the $2,000,000.00 in County ARPA dollars, which may also be loaned to the intermediate borrower by the FWHFC. Staff recommends approving the execution of contracts and related loan documents and expenditure of $8,000,000.00 in ARPA funds for the benefit of Tobias Place, LP and the development of the Project. By approving this M&C, the City Council also finds that the public purpose served by this Project is to benefit and further the City's goals to provide quality, accessible, affordable housing for low- to moderate -income residents and supporting economic development and revitalization, and that the forgivable ARPA Loan is vital to the financial feasibility of the development of Tobias Place, an affordable multifamily housing development. The City Council further finds that adequate controls are in place through the various contracts and loan documents to ensure that the public purpose is carried out. In addition to the City ARPA funds that will be used for infrastructure improvements required for the development of Tobias Place, it is also being supported by activities of the FWHFC. On November 30, 2021, the FWHFC board approved a partnership with Ojala Partner, LP, to develop Tobias Place wherein an affiliate of the FWHFC (Tobias Place GP, LLC) will become the general partner of the partnership known as Tobias Place, LP (Partnership) (Resolution No. FWHFC-2021-18). On the same date, the FWHFC also approved a forgivable subordinate loan of $1,750,000.00 for the purchase of the land to be used for the development of Tobias Place and certain pre -development costs (Resolution No. FWHFC-2021-20). On February 28, 2023, the FWHFC agreed to be the fiduciary agent for the Partnership, which applied for and received an award of Tarrant County ARPA funds in the amount of up to $2,000,000.00 for gap financing for the development of Tobias Place. FISCAL INFORMATIONXERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as appropriated, in the Grants Operating Federal Fund to support the approval of the above recommendations and execution of the loan. Prior to an expenditure being incurred, the Neighborhood Services Department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget Reference # Amount I ID I I ID Account I Year I (Chartfield 2) I FROM Fund Department Account Project Program Activity Budget Reference # Amount I ID I I ID I I I Year I (Chartfield 2) apps.cfwnet.org/council_packet/mc_review. asp?ID=3121 McounciIdate=6/27/2023 2/3 7/31/23, 4:34 PM M&C Review Submitted for Citv Manaqer's Office bv: Originating Department Head: Additional Information Contact: ATTACHMENTS 103165 Fundina 6.5.23.jpg. (CFW Internal) TobiasPlaceLP Form1295.pdf (CFW Internal) Tobias PlaceMCMap. pdf (Public) Fernando Costa (6122) Victor Turner (8187) Amy Connolly (7556) Chad LaRoque (2661) Leah Brown (8638) apps.cfwnet.org/council_packet/mc_review.asp?ID=31218&counciIdate=6/27/2023 3/3