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Contract 60708
Received Date: 1/8/2024 Received Time: 8:08 a.m. Developer and Project Information Cover Sheet: Developer Company Name Address, State, Zip Code: Phone & Email: Authorized Signatory, Title: Project Name: Brief Description: Project Location: Plat Case Number: Mapsco: CFA Number: PP-22-013 West River Homes Building, LLC 830 Taylor Street, Fort Worth, TX 76102 817-437-8906; mcoonna,westriverhomes.com Matthew Coop, Director of Operation Azalea Avenue Townhomes Water, Sewer, Paving, and Streetlights 2716 Azalea Ave, Fort Worth, TX 76107 Plat Name: Linwood Addition None Provided Council District: 9 23-0055 City Project Number: CPN 104341 1 IPRC22-0166 City of Fort Worth, Texas Standard Community Facilities Agreement with City Participation Rev. 4/2/20 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 1 of 18 City Secretary Number: 60708 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 West River Homes Building, LLC ("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 Azalea Avenue Townhomes ("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 $83,662.87 to enlarge the scope of the Improvements beyond what Developer is responsible for constructing by replacing an 8-inch sanitary sewer main ("City Participation"); and WHEREAS, the City Participation includes reimbursement to Developer in amounts not to exceed $79,576.34 for construction costs and $1,591.53 for material testing costs. The remaining City Participation in the amount of $2,495.00 shall not be paid to Developer, but will be used by the City to pay for the City's portion of construction inspection service fees and administrative material testing service fees; 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: I. OFFICIAL RECORD CFA Ordinance CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Page 2 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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 0 Exhibit A-1: Sewer 0 Exhibit B: Paving ❑ Exhibit 13-1: Storm Drain 0 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 Standard City Conditions of the Construction Contract for Developer Awarded Projects, the Project Manual, 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. If the Developer's contractors: (a) are not constructing the Improvements in accordance with the Engineering Plans; (b) the contractors violate federal law, state law or local law, policies, rules or regulations in connection with the construction of the Improvements; or (c) coordination of the timing of the construction of adjacent utilities is necessary to avoid having to remove City of Fort Worth, Texas Page 3 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 and replace Improvements that Developer's contractors are about to install, the City may temporarily suspend the construction of the Improvements by delivering a written notice to Developer and Developer's contractors. The temporary suspension of the construction of the Improvements shall only occur for the amount of time necessary for Developer's contractors to correct the violation or for the coordination of the utilities to be completed, and upon any such suspension, City agrees to reimburse Developer for the City's share of construction costs for work properly completed through the date City suspended construction in accordance with the reimbursement procedures set forth in this Agreement. 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. City of Fort Worth, Texas Page 4 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 (d) Nothing contained herein is intended to limit the Developer's obligations under the CFA Ordinance, this Agreement, the Financial Guarantee, Developer's agreements with Developer's contractors, or other related agreements. 8. Termination If Developer desires to terminate this Agreement before Developer's contractors begin constructing the Improvements, Developer agrees to the following: (a) that Developer and City must execute a termination of this Agreement in writing; (b) that Developer will vacate any final plats that have been filed with the county where the Project is located; and (c) to pay to the City all costs incurred by the City in connection with this Agreement, including time spent by the City's inspectors at preconstruction meetings. 9. Award of Construction Contracts (a) Developer will award all contracts for the construction of the Improvements and cause the Improvements to be constructed in accordance with the CFA Ordinance. (b) Developer will employ construction contractors who meet the requirements of the City to construct the Improvements including, but not limited, to being prequalified, insured, licensed and bonded to construct the Improvements in the City. (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 City of Fort Worth, Texas Page 5 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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 ANY CHARACTER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ONACCOUNT OFANYINJURIES OR DAMAGES SUSTAINED BYANYPERSONS, INCLUDING DEATH, OR TO ANY PROPERTY, RESULTING FROM OR IN CONNECTION WITH THE CONSTRUCTION, DESIGN, PERFORMANCE OR COMPLETION OF ANY WORK TO BE PERFORMED BY SAID DEVELOPER, ITS CONTRACTORS, SUBCONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, OR IN CONSEQUENCE OF ANY FAILURE TO PROPERLY SAFEGUARD THE WORK, OR ONACCOUNT OFANYACT, INTENTIONAL OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID DEVELOPER, ITS CONTRACTORS, SUB -CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, WHETHER OR NOT SUCHINJURIES, DEATH OR DAMAGESARE CAUSED, IN WHOLE City of Fort Worth, Texas Page 6 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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 IN ACCORDANCE WITH ALL PLANS AND SPECIFICATIONS. 13. Right to Enforce Contracts Upon completion of all work associated with the construction of the Improvements, Developer will assign to the City a non-exclusive right to enforce the contracts entered into by Developer with its contractors, along with an assignment of all warranties given by the contractors, whether express or implied. Further, Developer agrees that all contracts with any contractor shall include provisions granting to the City the right to enforce such contracts as an express intended third party beneficiary of such contracts. 14. Estimated Fees Paid by Developer; Reconciliation Prior to execution of this Agreement, Developer has paid to the City the estimated cost of the Developer's portion of the 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 the Developer's portion of the administrative material testing service fees, construction inspection service fees, and water testing lab fees with the estimated fees paid by Developer. If the actual costs of the fees are more than the estimated payments made by the Developer, the Developer must pay the difference to the City before the Improvements will be accepted by the City. If the actual costs of the fees are less than the estimated payments made by the Developer, the City will refund the difference to the Developer. If the difference between the actual costs and the estimated payments made by the Developer is less than fifty dollars ($50.00), the City will not issue a refund and the Developer will not be responsible for paying the difference. The financial guarantee will not be released by the City or returned to the Developer until reconciliation has been completed by the City and any fees owed to the City have been paid by the Developer. 15. Material Testing City of Fort Worth, Texas Page 7 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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: West River Homes Buildings, LLC 830 Taylor Street Fort Worth, TX 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 City of Fort Worth, Texas Page 8 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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. 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. City of Fort Worth, Texas Page 9 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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" has 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. 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 City of Fort Worth, Texas Page 10 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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 meaning 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 against a firearm entity or firearm trade association," "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. Compliance with Public Information Act Requests The requirements of Subchapter J, Chapter 552, Government Code, may apply to this Agreement and Developer agrees that the Agreement can be terminated if Developer knowingly or intentionally fails to comply with a requirement of that subchapter. Developer acknowledges that section 552.371 of the Texas Government Code applies to this Agreement if. (1) this Agreement has a stated expenditure of at least $1 million in public funds for the purchase of good or services by the City; or (2) this Agreement results in the expenditure of at least $1 million in public funds for the purchase of goods or services by the City in a fiscal year of the City. To the extent that section 552.371 of the Texas Government Code applies to this Agreement, Developer shall comply with section 552.372 of the Texas Government Code by: (1) preserving all contracting information relating to this Agreement as provided by the records retention requirements applicable to the City for the duration of the Agreement; (2) promptly providing the City any contracting information related to this Agreement that is in the custody or possession of Developer on request of the City; and (3) on completion of the Agreement, either (a) providing at no cost to the City all contracting information related to the Agreement that is in the custody or possession of Developer; or (b) preserving the contracting information relating to the Agreement as provided by the retention requirements application to the City. 29. Immigration and Nationality Act City of Fort Worth, Texas Page 11 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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. 30. 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. 31. 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. 32. 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. 33. 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. 34. 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. 35. City of Fort Worth, Texas Page 12 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 Counterparts This Agreement may be executed in multiple counterparts, each of which will be deemed an original, but which together will constitute one instrument. 36. 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. 37. City Participation; Fiscal Funding Limitation (a) The City shall reimburse Developer for the City Participation for the cost of replacing the existing 8-inch sanitary sewer main in accordance with the City's Unit Price Ordinance in amounts not to exceed $79,576.34 for construction costs and $1,591.53 for material testing costs. The remaining City Participation in the amount of $2,495.00 shall not be paid to Developer, but will be used by the City to pay for the of construction inspection service fees and administrative material testing fees for replacing the existing 8-inch sanitary sewer main. Developer must register as a vendor of the City in order for the City Participation to be paid to Developer. The City Participation owed to Developer 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 City Participation was calculated as follows: City Participation Project Item Information Contractor Unit prices (Alternate Bid) UNIT Lowest bid IPRC22-0166 CPN 104341 PRICES Bid list Description Unit of Bid Unit Price Bid Value Unit Price Bid Value City Cost Item No. Measure Qty Participation 1 Post -CCTV Inspection LF 440 $2.50 $1,100.00 $4.50 $1,980.00 $1,100.00 2 Trench Safety LF 440 $1.50 $660.00 $1.12 $492.80 $492.80 3 8" Sewer Pipe LF 58 $85.00 $4,930.00 $95.00 $5,510.00 $4,930.00 8" DIP Sewer pipe (carrier LF 382 $36,778.96 4 pipe) $96.28 $180.00 $68,760.00 $36,778.96 Concrete encasement for CY 42 $18,513.18 5 Utility Pipes $440.79 $152.49 $6,404.58 $6,404.58 6 4' Manhole EA 2 $5,406.00 $10,812.00 $8,000.00 $16,000.00 $10,812.00 7 4" Manhole Shallow EA 3 $5,711.00 $17,133.00 $7,000.00 $21,000.00 $17,133.00 8 Manhole Vacuum Testing EA 5 $500.00 $2,500.00 $250.00 $1,250.00 $1,250.00 9 Conc Pvmt Repair,Res SY 5 594.25 $2,971.25 $135.00 $675.00 $675.00 Sewer Public Improvement -City Participation $79,576.34 (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 City of Fort Worth, Texas Page 13 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 herein agreed upon for which funds shall have been appropriated. (c) 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. (d) Substantial completion of the Improvements shall occur after Developer's Contractors notify 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. 38. Minority Business Enterprise Compliance The City's Business Equity Division has not set a goal for this Project because the City Participation is less than $1,000,000.00. [REAMINDER OF PAGE INTENTIONALLY BLANK] City of Fort Worth, Texas Page 14 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 39. Cost Summary Sheet Project Name: Azalea Avenue Townhomes CFA No. 23-055 IPRC No. 22-0166 Items A. Water and Sewer Construction 1. Water Construction 2. Sewer Construction Water and Sewer Construction Total 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 F. Material Testing Cost Total Estimated Construction Fees: TOTAL PROJECT COST Financial Guarantee Options, choose one Bond = 100% Completion Agreement = 100% / Holds Plat Cash Escrow Water/Sanitary Sewer= 125% Cash Escrow Paving/Storm Drain = 125% Letter of Credit = 125% City Project No.: 104341 Developer's Cost City's Cost Total Cost $ 166,706.35 $ - $ 166,706.35 $ 129,534.14 $ 79,576.34 $ 209,110.48 $ 296,240.49 $ 79,576.34 $ 375,816.83 $ 57,764.38 $ - $ 57,764.38 $ 117,556.00 $ $ 117,556.00 $ 175,320.38 $ $ 175,320.38 $ 471,560.87 $ 79,576.34 $ 551,137.21 $ 22,000.00 $ 2,250.00 $ 24,250.00 $ 1,715.00 $ 245.00 $ 1,960.00 $ 150.00 $ 150.00 $ - $ 1,591.53 $ 1,591.53 $ 23,865.00 $ 4,086.53 $ 26,360.00 $ 495,425.87 $ 83,662.87 $ 577,497.21 Choice Amount (Mark one $ 551,137.21 I X City of Fort Worth, Texas Page 15 of 18 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 Dana BuraM�%ff Dana Burghdoff (Jan 7, 02414:15 CST) Dana Burghdoff Assistant City Manager Date: Jan 7, 2024 Recommended by: Bu;Lr� N2014 lle� Bichson Nguyen(Jan 20 409:16 CST) Dwayne Hollars/Bichson Nguyen Contract Compliance Specialist Development Services Department Approved as to Form & Legality: ci�� ^vim Thomas Royce Hansen Assistant City Attorney II M&C No. N/A Date: Jan 5, 2024 Form 1295: N/A ATTEST: Jannette Goodall City Secretary Gc °� QORToO�d� �o d vo o of 000 *0 a 4II TEXASaAb �bRaaa4'�' DEVELOPER West River Homes Building, LLC a Texas limited liability company Matthew Coos Matthew Coop (Jan 4, 202409!14 CST) Name: Matthew Coop Title: Director of Operation Date: Jan 4, 2024 Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. 1^ Rebecca Diane Owen (Jan 4, 202409:23 CST) Rebecca Diane Owen Development Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Page 16 of 18 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 © 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 17 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 ATTACHMENT "I" Changes to Standard Community Facilities Agreement City Project No. 104341 None City of Fort Worth, Texas Page 18 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 �o ti O O O LOT 1R2 O O O O O WEI-�ENBEVGER A )DITIOA BLOCK 12 �O N LOT lRJ— 'R2 v h OO O O LOT 9& 10 O p O O O LOT 1 LOT 2 LOT 3 LOT 4R LOT 6R1 LOB :iR1 — 7123 O v / LINWOOD ADDITION BLOCK 8 LOT LOT' LOT 4R 5R-15R—. LOT 6 E_OCK LOT 3 LOT 2 LOT 1 _INW00 DD177ON BLOCK LOT 13 12R- LOT 1 R, BLOCK 17R LINWOOD ADDITION (INST. NO. D21402464) O.P.R.T.C.T. LOT 1-R, BLOCK 9 LINWOOD ADDITION (INST. NO. D219177603) 0.P.R.T.C.T. LINWOOD ADDITION BLOCK 20 RED OAK 0 0 l o 0 0 COPYRIGHT (92021 BY SHIELD ENGINEERING GROUP PLLC. TBPE F-11039 & TBPLS 10193890 �1 O COT 1 & 2 �§ LOT 4R v OWNER PANTHER CITY HOLDINGS 830 TAYLOR ST FORT WORTH, TX 76102 817-437-8906 DEVELOPER WEST RIVER HOMES BUILDING, LLC 830 TAYLOR ST FORT WORTH, TX 76102 MONTGOMERY PLAZA 817-437-8906 ADDITION CITY PROJECT NO. 104341 BLOCK 1 AND 2 CITY IPRC NO. IPRC22-0166 SHIELD ENGINEERING GROUP ,w. r.r.F„wr•,w i.r.wn,.ro PROJECT O LOCATION ° 150 300 450 GRAPHIC SCALE IN FEET MAPSCO NO. TAR-104M CITY OF FORT WORTH, TEXAS DATE: 3/23/2023 AZALEA AVENUE TOWNHOMES CFA VICINITY MAP —�w \ EX 8„ X-27o26 w WING w II ATE STREET LOT 1—R, BLOCK 9 LINWOOD ADDITION (INST. NO. D219177603) O.P.R.T.C.T. LOT 7 � LOT 1R, BLOCK 17R LINWOOD ADDITION (INST. NO. D21402464) 0.P.R.T.C.T. IJ d EX 8» W �X-175p7 3 w J LEGEND PROP 8" WATERLINE PROP GATE VALVE EXIST WATER LINE 711 LF 8" WATER MAIN 5 - 8" GATE VALVE & BOX 10 - 1" WATER SERVICE 14 - 1" BULLHEAD WATER SERVICE 4 - 1" IRRIGATION SERVICE 1 N W OWNER PANTHER CITY HOLDINGS 830 TAYLOR ST FORT WORTH, TX 76102 817-437-8906 DEVELOPER WEST RIVER HOMES BUILDING, LLC 830 TAYLOR ST FORT WORTH, TX 76102 817-437-8906 CITY PROJECT NO.104341 CITY IPRC NO.IPRC22-0166 SHIELD ENGINEERING GROUP n� �r wa�wr•mu �r mm�ns O 0 80 160 240 GRAPHIC SCALE IN FEET CITY OF FORT WORTH, TEXAS DATE: 3/23/2023 AZALEA AVENUE TOWNHOMES CFA EXH A WATER COPYRIGHT (92021 BY SHIELD ENGINEERING GROUP PLLC. TBPE F-11039 & TBPLS 10193890 PROPOSED - SHALLOW MH LEGEND WINGATE STREE T --1 ss EX 8" SS L-26017 �— LOT 1—R, BLOCK 9 LINWOOD ADDITION M (INST. NO. D219177603) O.P.R.T.C.T. s EXIST 8" SEWER TO REPLAVCED WITH NEW 8" SEWER � a EX 8 9, LOT 7 � SS W IYROPOSED' SHALLOW MH LOT 1R, BLOCK 17R LINWOOD ADDITION (INST. NO. D21402464 0.P.R.T.C.T. PROP 8" SANITARY SEWER LINE PROP SANITARY SEWER MANHOLE EXIST SANITARY SEWER LINE EXIST SANITARY SEWER MANHOLE SHALLOW MH J r-- A2ALEA�� F i E o, NU& I — 219 LF 8" SDR 26 SEWER MAIN 581 LF 8" DUCTILE IRON SEWER MAIN 35 - SANITARY SEWER SERVICE • 2 - STANDARD 4' MANHOLE 6 - SHALLOW MANHOLE OWNER PANTHER CITY HOLDINGS 830 TAYLOR ST FORT WORTH, TX 76102 817-437-8906 DEVELOPER WEST RIVER HOMES BUILDING, LLC 830 TAYLOR ST FORT WORTH, TX 76102 817-437-8906 CITY PROJECT NO.104341 CITY IPRC NO.IPRC22-0166 SHIELD ENGINEERING GROUP n� �r wa�wr•mu �r mm�ns O 0 80 160 240 GRAPHIC SCALE IN FEET CITY OF FORT WORTH, TEXAS DATE: 4/5/2023 AZALEA AVENUE TOWNHOMES CFA EXH Al SEWER COPYRIGHT (92021 BY SHIELD ENGINEERING GROUP PLLC. TBPE F-11039 & TBPLS 10193890 WINGATE STREET LOT 1—R, BLOCK 9 LINWOOD ADDITION (INST. NO. D219177603) 0.P.R.T.C.T. \ 1 / — / / F- OWNER / I POS I W PANTHER CITY HOLDINGS CIJ AND G�ITTER ,W/ 830 TAYLOR ST FORT WORTH, TX 76102 V-d 817-437-8906 DEVELOPER WEST RIVER HOMES BUILDING, LLC Y-� 830 TAYLOR ST FORT WORTH, TX 76102 �� 817-437-8906 1 �U� CITY PROJECT NO. 104341 CITY IPRC NO. IPRC22-0166 LOT 1R, BLOCK 17R o U LINWOOD ADDITION (INST. NO. D21402464) O.P.R.T.C.T. \ SHIELD _ 1 I ENGINEERING GROUP n� �r wa�wr•mu �r mm�ns O 0 80 160 240 LEGEND GRAPHIC SCALE IN FEET PUBLIC DRIVEWAY PAVING CONC PVMT) 1170 SF PUBLIC DRIVEWAY 6" R.C. PVMT (6" 2631 SF PUBLIC SIDEWALK 4" R.C. PVMT CITY OF FORT WORTH, TEXAS PUBLIC SIDEWALK (4" CONICPVMT) 95 LF PROPOSED GUTTER 229SYOF ROPOSEDBTOPDSOIL &SOD DATE: 3/23/2023 AZALEA AVENUE PUBLIC TOP SOIL &SOD I TOWNHOMES CFA EXH B PAVING COPYRIGHT (92021 BY SHIELD ENGINEERING GROUP PLLC. TBPE F-11039 & TBPLS 10193890 LINWOOD ADDITION (INST. NO. D21402464) O.P.R.T.C.T. LEGEND -A- PROPOSED SIGN -Q PROPOSED STREET LIGHT PROPOSED PEDESTRIAN LIGHT WINGATE S7 ET LOT 1—R, BLOCK 9 LINWOOD ADDITION (INST. D603) 0. O.P.R.T.T.C.C.T.T. / LOT 7 [—I AZALE LOT 1R, BLOCK 17R o � ANUE EXIST STREET NAME & SIGN 3 PROPOSED PRIVATE SIGNS 4 PROPOSED STREET LIGHTS 12 PROPOSED PEDESTRIAN LIGHTS OWNER PANTHER CITY HOLDINGS 830 TAYLOR ST FORT WORTH, TX 76102 817-437-8906 DEVELOPER WEST RIVER HOMES BUILDING, LLC 830 TAYLOR ST FORT WORTH, TX 76102 817-437-8906 CITY PROJECT NO.104341 CITY IPRC NO.IPRC22-0166 SHIELD ENGINEERING GROUP O 0 80 160 240 GRAPHIC SCALE IN FEET CITY OF FORT WORTH, TEXAS DATE: 1 /3/2024 AZALEA AVENUE TOWNHOMES CFA EXH C STREET NAME SIGNS & STREET LIGHTING COPYRIGHT (92021 BY SHIELD ENGINEERING GROUP PLLC. TBPE F-11039 & TBPLS 10193890 SECTION 00 42 43 Developer Awarded Projects -PROPOSAL FORM IrUNIT PRICE BID ] Project Item Information Bidder's Application Item Descnption Specification IUnit of IBidlist No. I I SectwnNo. Measure UNIT IV: STREET LIGHTING IMPROVEMENTS 1 2605.3015 2" CONDT PVC SCH 80(T) 26 05 33 LF 2 3441.1502 Ground Box Type 3 w, Apron 3441 10 EA 3 3441.1409 NO 6 Insulated Elec Condr 34 41 10 LF j 4 3441.3037 FurnisbAnstall 10'- 14' Washington Standard 34 41 20 EA 5 3441.3303 Rdway Glum Foundation TY 7 34 41 20 EA 6 3441.3351 Furnish/Install Rdway Illum TY I Pole 344120 EA 7 344 L.1646 FurnishPInstall Type 338 Arm 34 41 20 EA 8 3441.3301 Rdway Ilium Foundation TY 1,2, and 4 34 41 20 EA 9 3441.3201 LED Lighting Fixture 34 41 20 EA 10 3441.3201 LED Lighting Fixture 34 41 20 EA 11 3441.3323 FumisIVInstall 8' Wood Light Pole Arm 34 41 20 EA 12 3305.0103 Exploratory Excavation ol'Existing Utilities 33 05 30 EA 13 2605.0111 FutnisMnstall Elec Sery Pedestal 26 05 00 EA 14 3441.3501 Salvage Street Light Pole 34 41 20 EA 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Bidder's Proposal Bid Quantity Unit Price I Bid Value TOTAL UNIT IV: STREET LIGHTING IMPR )VEMENT$ SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID 706 $20.00 $14,120.00 8 $700.00 $5,600.00 2118 $2 00 $4,236.00 12 $3,875.00 $46,500.00 12 $1,150.00 S13,800.00 3 $2,025.00 $6,075,00 3 $300.00 $900.00 3 $1,250.00 $3,750.00 3 $325.00 S975.00 2 $550.00 $1,100.00 1 $2,500.00 $2,500.00 40 S150.00 $6,000.00 1 $%500.00 $9,500.00 1 $2,500.00 $2,500.00 Bidder's Application $117,556.00 Project Item Information Bidder's Proposal IBidlist Item Description I Specification 1Unit of Bid Quantity Unit PriceI Bid V alue 1 No Section No. Measure Bid Summary UNIT IV: STREET LIGHTING IMPROVEMENTS I $117,556.00 Total Construction Hid $117.556.00 This Bid is submitted by the entity named below: BIDDER: BY: Blake Menapace C&S I. Oily Contractors, Inc 6705 HWY 287 Arlington, TX 76001 TITLE: Operations Manngei DATE: 5P-612023 Contractor agrees to complete WORK for FINAL ACCEPTANCE within 45 working daydate when the CONTRACT commences to run as provided in the General Conditions. END OF SECTION 004243 DAP-RiDPROPOSAL PAge 102 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNH PRICE BID Bidder's Application Project Item lnfonnation i3idder's Proposal Bidlistlwm! No. 1 Description J Specification Seclian No. Unitof lvt � easure I Bid Quantity Unit Price Value Sid UNIT III- PAVING IMPROVEMENTS i 02i" '101.0 Remove �p�yyy to I3rive „Q2,41 l3 SF 1273 $3.00 $3,819.00 2 0241-01001ZentoveSidewaik 024113 SF 385 $3.00 $1,�55.00 3 0241-1300 Remove ComC}ub&Gutter 024115 LF 129 $15.00 �1,935.00 4 �213.W l 6" Concrete DiiiyFwav 3213 20 SF 1175 510.50 5 �213-0301 4" Cone Sidewalk 31 13 20 SF 2532 S9.25 $23 421.00 6 P13.0501 Barrier Free Jtamp, Type R-1 32 13 20 EA 6 $600.00 $3,649.00 7 3216,0101 6" Conc Curb and Gutter 37 LF 114 $50.00 $5,700.00 8 3291,01 3792l3 CY 39 $27.50 $1,072.50 9 3292A 108 Block Sod Placerne[It _ _ 0 BloTVMck 12 92 l3 Sy .729 $6-22 $1,424.39 1D 3441.4108 j� SiF.n Panel and Pa�t� 344130 F.�„ ul $250.00 $250.00 11 3441.4003 FurnislUlrtctail Alum Sign Ground Mount City Std- 34 41 30 EA 1 $550,00 $550.00 12 3471,9001 TrArAp Control 34 71 13 �_, . Ma�. 1 52,500.00 $2.500.00 13 14 - --- - CirY OF I ORiWORTH STANDARD CONMUCrION SPECIFICATION D.000NWM'S • DEVELOPM AWARDEI)PROJFM Fww Vcnlm Lbiy 22,2919 10234-I8 Azde JFP Bid Sheet m, I 004243 DAP - HID PROPOSAL Page 2 of 2 SECTION 00 42 43 Develow Awatded Proiects - PROPOSAL FORM UNI `IJKICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification j [snit of Bid No. Description _ I { I Unit Price I Bid Value Section No. j Measure Quantity Bid 5ummary UNIT III_ PAVING IMPROVEMENTS 57.784.38� Tots Coostruction Bid 57,764.3$ This Bid is submitted by the entity named betow: BIDDER JPR Paving LLC 12667 FM 1255 Canton, TX 75103 Caotrartor agreesto complete WORK for FINAL ACCEPTANCE within CONTRACT . . , .. to run as provided in the General Conditions. By-' Joe Pevehouse Jr. TITLE: owner" r DATE: StISI2023 iLAu(F SfiCnON CTry OF PORT WORTH KTANDA8D COKKnWCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROMM From Vemm M" 22. 20iq 12 working days after the date when the 2023.8.1 d Azd a- JRP Bid Shm rev. 1 00 42 43 DAP - BID PROPOSAL Pagel of3 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Description I Specification I Unit of I Bid Unit Price Bid Value No. Section No. Measure Quantity UNIT I: WATER JMPROVEMENTS 1 0241.1512 Salvage V Water Meter 0241 14 EA 3 $500.00 $1,500.00 2 3311.0041 8" Water Pipe 33 11 12 LF 671 $60.00 $40,260.00 3 3311.0251 8" DIP Water 33 11 12 LF 40 $95.00 $3,800.00 4 3312.3003 8" Gate Valve 33 1220 EA 5 $4,350.00 $21,750.00 5 3312.2003 1" Domestic Water Service 32 12 10 EA 35 $1,743.00 $61,005.00 6 3305.0202 Imported EmbedmentBackfill, CSS 3305 10 CY 1 $275.00 $275.00 7 3311.0001 Ductile Iron Water Fittings 33 11 11 TON 0.2 $10,823.00 $2,164.60 8 3312.0117 Connection to Existing 4"-12" Water Main 33 1525 EA 3 $4,957.00 $14,871.00 9 3305.0003 8" Waterline Lowering 3305 12 EA 2 $4,833.00 $9,666.00 10 3201.0614 Conc Pvmt Repair, Residential 32 01 29 SY 9 $594.25 $5,348.25 11 3305.0109 Trench Safety 3305 10 LF 711 $1.50 $1,066.50 12 3471.0001 Traffic Control 3471 13 MO 1 $5,000.00 $5,000.00 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 _ 31 32 33 34 35 36 37 38 39 40 41 42 43 1 TOTAL UNIT I: WATER IMPROVEMENTS CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 $166,706.351 00 42 43 Azalea Town Homes Bid Proposal0_DAP _Utility.xls 00 42 43 DAP - BIDPROPOSAL Page 2 of 3 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 IMPROV MENTS 1 3331.4115 8" Sewer Pipe 33 31 20 LF 58 $85.00 $4,930.00 2 3331.4119 8" DIP Sewer Pipe 33 11 10 LF 742 $96.28 $71,439.76 3 3339.1001 4' Manhole 33 31 20 EA 2 $5,406.00 $10,812.00 4 3339.1004 4' Shallow Manhole 33 31 20 EA 6 $5,711.00 $34,266.00 5 3331.3101 4" Sewer Service 33 31 50 EA 35 $1,154.00 $40,390.00 6 3301.0002 Post -CCTV Inspection 33 01 31 LF 800 $2.50 $2,000.00 7 3301.0101 Manhole Vacuum Testing 33 01 31 EA 8 $500.00 $4,000.00 8 3305.0202 Imported EmbedmentBackfill, CSS 3305 10 CY 1 $275.00 $275.00 9 3305.0116 Concrete Encasement for Utility Pipes 3305 10 CY 68 $440.79 $29,973.72 10 3331.5747 8" Sewer Pipe, CLSM Backfill 33 11 10 LF 20 $78.50 $1,570.00 11 3305.0109 Trench Safety 3305 10 LF 800 $1.50 $1,200.00 12 3201.0614 Conc Pvmt Repair, Residential 32 01 29 SY 8 $594.25 $4,754.00 13 3471.0001 Traffic Control 3471 13 MO 1 $3,500.00 $3,500.00 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 TOTAL UNIT II: SANITARY SEWER IMPROVEMENTS $209,110.481 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 42 43 Azalea Town Homes Bid Proposal0_DAP _Utility.xls UNIT PRICE BID SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Project Item Information 00 42 43 DAP - BID PROPOSAL Page 4 of 4 Bidder's Application Bidlist Item I Description Specification I Unit of I Bid No. Section No. Measure Quantity Bid Summary UNIT I: WATER IMPROVEMENTS UNIT II: SANITARY SEWER IMPROVEMENTS Total Construction Bid This Bid is submitted by the entity named below: BIDDER: Trophy Construction Servicecs 236 E. Ellison St. Burleson, TX 76028 Contractor agrees to complete WORK for FINAL ACCEPTANCE within CONTRACT commences to run as provided in the General Conditions. BY: Wade Allard CWddeGUlard TITLE: Vice President DATE: 7/28/2023 END OF SECTION Bidder's Proposal Unit Price I Bid Value $166,706.35 1 $209,110.48 1 $375,816.83 1 worldng days after the date when the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 42 43_Azalea Town Homes_Bid Proposal0_DAP _Utility