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HomeMy WebLinkAboutContract 62103Received Date: 10/10/2024 Received Time: 8:07 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: I None Given Mapsco: I F62X CFA Number: 24-0080 AP FW Foundry, LP 1616 Camden Rd. Charlotte, NC 28203 704-490-2528 1 wliles@asanapartners.com G. Welch Liles III, Authorized Representative The Foundry Mixed Use Water, Sewer, Storm Drain and Paving 2625 Whitmore Street Plat Name: I None Given Council District: 1 9 City Project Number: 105439 1 IPRC24-0033 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Page 1 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 City Secretary Number: 62103 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, actingby andthroughits duly authorized Assistant City Manager, and AP FW Foundry, LP ("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 extraterritorialjuris diction, for a project known as The Foundry Mixed Use ("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 maybe required to make dedications of land, pay fees or construction costs, or meet other obligations that are not a part of this Agreement; and WIICREAS, the City desires to participate in this Agreement in an amount not to exceed $98,623.28 to enlarge the scope of the Improvements beyond what Developer is responsible for constructing to replace an existing 6-inch cast iron water line with an 8-inch PVC water line ("City Participation"); and WHEREAS, the City Participation includes reimbursement to Developer in an amount not to exceed $98,623.28 for construction costs. The City is not participating in the cost of construction inspection service fees, administrative material testing service fees, or water lab testing fees; and WHEREAS, the Developer has agreed the City's Participation in the project shall be limited to $98,623.28, regardless of the actual cost Developer incurs in replacing the water line and Developer will not seek additional compensation from the City; and WHEREAS, the Developer has agreed to replace a sewer line as part of the Project and Developer will not seek any compensation from the City for replacement of the sewer line; and OFFICIAL RECORD 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 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 exists 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; &hibits 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: ® Exhibit A: Water ® 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. 4. Construction of Improvements Developer agrees to cause the construction of the Improvements c ontemplated 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 City of Fort Worth, Texas Page 3 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 Improvements, andthis Agreement. Developer acknowledges that City will not acceptthe 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 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 section 37 of 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; atension 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 City of Fort Worth, Texas Page 4 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 Improvements before the expiration of the Term, and any Extension Period, if the Developer breaches this Agreement, becomes insolvent, or fails to pay costs of construction. (c) If the Financial Guarantee is a Completion Agreement and the Developer's contractors or suppliers are not paid for construction costs or materials supplied for the Improvements the contractors and suppliers may place a lien upon any property which the City does not have an ownership interest that is the subject of the Completion Agreement. (d) Nothing contained herein is intended to limit the Developer's obligations under the CFA Ordinance, this Agreement, the Financial Guarantee, Developer's agreements with Developer's contractors, or other related agreements. 8. Termination If Developer desires to terminate this Agreement before Developer's contractors begin constructing the Improvements, Developer agrees to the following: (a) that Developer and City must execute a termination of this Agreement in writing; (b) that Developer will vacate any final plats that have been filed with the county where the Project is located; and (c) to pay to the City all costs incurred by the City in connection with this Agreement, including time spent by the City's inspectors at preconstruction meetings. 9. Award of Construction Contracts (a) Developer will award all contracts for the construction of the Improvements and cause the Improvements to be constructed in accordance with the CFA Ordinance. (b) Developer will employ construction contractors who meet the requirements of the City to construct the Improvements including, but not limited, to being prequalified, insured, licensed and bonded to construct the Improvements in the City. (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 City of Fort Worth, Texas Page 5 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 developer -awarded infrastructure construction contracts. The City must be named as an additional insured on all insurance policies. The Developer must provide the City with a Certificate of Insurance (ACORD or form approved by the State of Texas), supplied by each contractor's insurance provider, which shall be made a part of the Project Manual. (e) Developer will require the Developer's contractors to give forty-eight (48) hours' advance notice of their intent to commence construction of the Improvements to the City's Construction Services Division so that City inspection personnel will be available. Developer will require Developer's contractors to allow construction of the Improvements to be subject to inspection at any and all times by the City's inspectors. Developer will require Developer's contractors to not install or relocate any sanitary sewer, storm drain, or water pipe unless a City inspector is present and gives consent to proceed, and to allow such laboratory tests as may be required by the City. (f) Developer will not allow Developer's contractors to begin construction of the Improvements until a notice to proceed to construction is issued by the City. (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 THEDEVELOPER FOR THE AGREEMENT. (b) THE DEVEL OPER COVENANTS AND AGREES TO, AND BY THESE PRESENTS DOES HEREBY FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS AND EMPL 0 YEES FROM ALL SUITS, ACTIONS OR CLAIMS OF ANYCHARACTER, WHETHERREAL ORASSERTED, BROUGHTFOR OR ONACCOUNT OFANYINJURIES OR DAMAGES SUSTAINED BYANYPERSONS, INCLUDING DEATH, City of Fort Worth, Texas Page 6 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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 PROPERLYSAFEGUARD THE WORK, OR ONACCOUNT OFANYACT, INTENTIONAL OR OTHERWHE, NEGLECT OR MLSCONDUCT 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 IN ANY 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 CIA 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 wil 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 shallinclude 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 administrative material testing service fees, construction inspection service fees, and water testing lab fees in the amounts set forth in the Cost Summary section of this Agreement. Upon completion of the construction of the Improvements, the City will reconcile the actual cost of administrative material testing service fees, construction inspection service fees, and water testing lab fees with the estimated fees paid by Developer. If the actual costs of the fees are more than the estimated payments made by the Developer, the Developer must pay the difference to the City before the Improvements will be accepted by the City. If the actual costs of the fees are less than the estimated payments made by the Developer, the City will refund the difference to the Developer. If the difference between the actual costs and the estimated payments made by the Developer is less than fifty dollars ($50.00), the City will not issue a refund and the Developer will City of Fort Worth, Texas Page 7 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 not be responsible for paying the difference. The financial guarantee will not be released by the City or returned to the Developer until reconciliation has been completed by the City and any fees owed to the City have been paid by the Developer. 15. Material Testing The City maintains a list of pre -approved material testing laboratories. The Developer must contract with material testing laboratories on the City's list. Material testing laboratories will provide copies of all test results directly to the City and the Developer. If the Improvements being constructed fail a test, the Developer must correct or replace the Improvements until the Improvements pass all retests. The Developer must pay the material testing laboratories directly for all material testing and retesting. The City will obtain proof from the material testing laboratories that the material testing laboratories have been paid in full by the Developer before the City will accept the Improvements. 16. Notices All notices required or permitted under this Agreement may be given to a party by hand - delivery or by mail, addressed to such party at the address stated below. Any notice so given shall be deemed to have been received when deposited in the United States mail so addressed with postage prepaid: CITY: Development Contract Management Office City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 With copies to: City Attorney's Office City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 and City Manager's Office City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 DEVELOPER: AP FW Foundry, LP 1616 Camden Rd Charlotte, NC 28203 Or to such other address one party may hereafter designate by notice in writing addressed and mailed or delivered to the other party hereto. City of Fort Worth, Texas Page 8 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 17. Right to Audit Developer agrees that, until the expiration of three (3) years after acceptance by the City of the Improvements constructed pursuant to this Agreement, that the City shall have access to and the right to examine any directly pertinent books, documents, papers and records of the Developer involving transactions relating to this Agreement. Developer agrees that the City shall have access during normal working hours to all necessary Developer facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions ofthis 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 City of Fort Worth, Texas Page 9 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 This Agreement shall be construed under and in accordance with Texas law. Venue shall be in the state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 20. Non -Waiver The failure of the City to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely on any such term or right on any future occasion. 21. Governmental Powers and Immunities. It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities. 22. Headings The paragraph headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. 23. Severability In the event that any clause or provision of this Agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not affect any of the remaining provisions hereof. 24. Review of Counsel City and Developer, and if they so choose, their attorneys, have had the opportunity to review and comment on this document; therefore any rule of contract construction or interpretation that would normally call for the document to be interpreted as against the drafting 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. To the extent that Chapter 2271 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer City of Fort Worth, Texas Page 10 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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 2276 of the Texas Government Code, 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 meaning ascribed to those terms by Chapter 2276 of the Texas Government Code. To the extent that Chapter 2276 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, 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. 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 fiscalyear 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 orpossession 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. City of Fort Worth, Texas Page 11 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 29. 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 DEVELOPED DEVELOPER'SEMPLOYEES, SUBCONTRACTORS, AGENTS, ORLICENSEES. 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 City of Fort Worth, Texas Page 12 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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. 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 will reimburse Developer for construction costs for replacing a 6" cast iron water line with an 8" PVC water line in an amount not to exceed $98,623.28. The City Participation shall not include any reimbursement to Developer for construction inspection service fees, administrative material testing service fees, water lab testing fees, or any other fees or costs. The City shall reimburse Developer for the City Participation 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. Developer must register as a vendor of the City in order for the City Participation to be paid to Developer. The City Participation was calculated as follows: The Foundry Mixed Use- IPRC24-0033 CPN 105439 Contractor Unit ptires CFW 2019 CFAUNIT PRICES Lotnestltent (Alternate) Prrre Bid Item I Description I Unit of I Measure Bid Quantity I Unit Price Bid Value Unit Price I Bid Value Cih, Cart Participation water 1 1 Ductile Iron Water Fittings w/Restraint TON 046 $1,725.OD $793.501 $1,D00_D❑ $46D_0❑ $46D_O❑ 2 8" PVC Water Pipe LF 560 $5D.00 $28,0DO.DO1 $118.00 $66,D8D.00 $28,DOD.00 Connection to existing 4"-12" Water Main EA 3 3 $1,22D.49 $3,651.47 $5,000.00 $15,DOD.00 $3,661.47 4 8" Gate Valve EA 2 $3,522.00 $7,044.DO1 $2,580.00 $5,16D.O0 $5,16D.OD 5 Trench Safety LF 560 1 $1.92 $1 075.201 $1.12 $627.20 $62720 6 8" Water line lowering EA 1 $4,215.68 $4,215.681 $8,700.00 $8,70D.00 $4,215.68 7 Remove 6" water line LF 560 $19.56 $10 953.60I $6.03 $3,376.80 $3,376.80 1" Water service reconnection 8 EA 8 $1,220.49 $9,763.92 $920.00 $7,36D.00 $7,360.O0 Asphalt Pvmt Repair Arterial, Water LF 575 9 Service $30.OD $17,250_DO $8478 $48,748.5❑ $17,250.O❑ Asphalt Pvmt Repair Beyond Defined SY 5533.5 1 10 Width, Arterial $53.52 $29,623.32 $100.00 $55,35D.00 $29,623.32 Water Improvements Total $99,734.47 Overall Project Costs $328,74426 City Participation Not To Exceed 30 %1 $98.623.28 (b) Developer agrees that Developer will not seek reimbursement from the City for more than $98,623.28 for the replacement of the 6" case iron water line with the 8" PVC water line, even if City of Fort Worth, Texas Page 13 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 Developer's cost to replace the line exceeds $98,623.28. Developer has further agreed to replace a sewer line for the City at Developer's sole cost and expense and Developer will not seek any reimbursement from the City for replacement of the sewer line. (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 contractors 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. [REMAINDER OF PAGE INTEN IIONALLY BLANK] City of Fort Worth, Texas Page 14 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 38. Cost Summary Sheet Project Name: The Foundry Mixed Use CFA No.: 24-0080 IPRC No.: 24-0033 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 Total Estimated Construction Fees: TOTAL PROJECT COST Financial Guarantee (Bond = 100% City of Fort Worth, Texas Standard Community Facilities Agreement with City Participation Rev. 4/2/20 City Project No.: 105439 Developer's Cost City's Cost Total Cost $ 266,836.49 $ 98,623.28 $ 365,459.77 $ 54,039.45 $ - $ 54,039.45 $ 320,875.94 $ 98,623.28 $ 419,499.22 $ 117,190.00 $ - $ 117,190.00 $ 6,075.00 $ - $ 6,075.00 $ 123,265.00 $ - $ 123,265.00 $ 444,140.94 $ 98,623.28 $ 542,764.22 $ 22,500.00 $ - $ 22,500.00 $ 1,225.00 $ $ 1,225.00 $ 240.00 $ $ 240.00 $ 23,965.00 $ - $ 23,965.00 $ 468,105.94 $ 98,623.28 $ 566,729.22 Amount $ 542,764.22 X Page 15 of 18 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 Su.� Dana Burghdoff (Oct 202426 DT) Dana Burghdoff Assistant City Manager Date: Oct 9, 2024 Recommended by: Dwayne Hollars/Bichson Nguyen Contract Compliance Specialist Development Services Department Approved as to Form & Legality: Richard McCracken (Oct 9, 2024 08:52 CDT) Richard A. McCracken Sr. Assistant City Attorney M&C No. N/A Date: Oct 9, 2024 Form 1295: N/A ATTEST Jannette Goodall City Secretary any v FORt, �9-td Od Fg °owe °=0a 3aan aEaog�4.d DEVELOPER AP FW Foundry, LP, a Delaware limited partnership By: Asana Partners Fund III REIT 11, LLC a Delaware limited liability company G. welch Liles, /// G. Welch Liles, III (Oct 7, 2024 21:02 EDT) G. Welch Liles III Authorized Representative Date: Oct 7, 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. —S,I/A\ Rebecca Owen (Oct 8, 2024 10:20 CDT) Rebecca 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 ❑x Attachment 1 - Changes to Standard Community Facilities Agreement ❑ Attachment 2 — Phased CFA Provisions ❑ Attachment 3 — Concurrent CFA Provisions ❑X Location Map ❑X Exhibit A. Water Improvements 0 Exhibit A 1: Sewer Improvements 0 Exhibit B: Paving Improvements 0 Exhibit 13-1: Storm Drain Improvements ❑X 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 ATTACIMENT "1" Changes to Standard Community Facilities Agreement City Project No. 105439 None City of Fort Worth, Texas Page 18 of 18 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 MOCOHOCTY HAP SHAMROCK CULLEN Y PROJECT LOCATION 1 �' a_ LAR > WHITE SETTLEMENT m �_ W -j Z NHITMORE o Cn m� MWEISENBER ER Q Q AN SAS m� z W� q2q� DAKo,TA 1E Par q cn A w Ld ERCE ES o w C o Q �l z � Wc..� � _ -i Q a I ` J J r-- �5TH = 0 oof lm CD HSC CROCKETT DARNEd MOR TON TARRANT COUNTY m 6TH la II. 7TH LL. / Trinity Parr/// v / MAPSCO F62 X VICINITY MAP (NOT TO SCALE) TX REG. ENGINEERING FIRM F-11756 TX REG. SURVEYING FIRM LS-10074301 Westwood 8107.4 2 755 O H,ITX1 SR O AD DRAWN BY I CHECKED BY SCALE DATE JOB NUAffiER KLC HPB N.T.S. 05/08/2024 0039287.03 I OWNER /DEVELOPER ASANA PARTNERS 1616 CAMDEN ROAD, SUITE 210 CHARLOTTE, INC 28203 VICINITY MAP EXHIBIT CITY PROJECT #105439 IPRC 24-0033 THE FOUNDRY - MIXED USED LOCATED IN THE CITY OF FORT WORTH, TEXAS TARRANT COUNTY, TEXAS CONNECT TO — EXISTING 6" WATER LINE (UNKNOWN) L4—L II PROPOSED PUBLIC 8" WATER MAIN �II � U � N „In EXISTING PUBLIC /.............� 4 12" WATER LINE (X-15208) s LEGEND CONNECT TO -- PROPOSED PUBLIC PROPOSED PUBLIC EXISTING 6" FIRE HYDRANT 2" WATER SERVICE WATER LINE (UNKNOWN) „ PROPOSED PUBLIC PROPOSED PUBLIC 2 DOM. WATER SERVICE 4 FIRE LINE PROPOSED PRIVATE 2" DOM. WATER SERVICE ,i /�rmrrii. PROPOSED PRIVATE PROPOSED PUBLIC 4" FIRE LINE 8" WATER MAIN PROPOSED PRIVATE 2" WATER SERVICE 1 7 PROPOSED PRIVATE 4" FIRE LINE �/_P ROPOSED PRIVATE 2" ��wDOu�MYjnI. WATER SERVICE PROPOSEDFIRE PUBLIC I I „ 6„W.� 1 k..W enter � rr (eo'PoCHr-or-WAY) EXISTING PUBLIC 6" WATER LINE (UNKNOWN) PROPOSED PUBLIC WATER LINE PROPOSED PRIVATE WATER LINE 6"W EXISTING 6" WATER 12"W —EXISTING 12" WATER TX REG. ENGINEERING FIRM F-11756 TX REG. SURVEYING FIRM LS-10074301 We "twos DRAWN BY CHECKED BY SCALE KLC HPB I 1"=100' 4060 BRYANT IRVIN ROAD FORT WORTH, TX 76109 817.412.7155 DA TE JOB NUMBER 05/08/2024 0039287.03 PROPOSED PUBLIC 2" DOM. WATER SERVICE OWNER/DEVELOPER ASANA PARTNERS 1616 CAMDEN ROAD, SUITE 210 CHARLOTTE, NC 28203 WATER IMPROVEMENTS EXHIBIT CITY PROJECT #105439 IPRC 24-0033 THE FOUNDRY — MIXED USED LOCATED IN THE CITY OF FORT WORTH, TEXAS TARRANT COUNTY, TEXAS EXHOoO4 "Lai" o SEWER ONPROMENC MYS LEGEND 0 50 100 200 300 O PROPOSED PUBLIC SEWER MANHOLE PROPOSED PUBLIC SEWER GRAPHIC SCALE IN FEET 8" EXISTING 8" SEWER I TX REG. ENGINEERING FIRM F-11756 TX REG. SURVEYING FIRM LS-10074301 We 0'twol DRAWN BY CHECKED BY SCALE KLC HPB I 1"=100' I °O I I I I 0 WffrAMl 8n�sr v ry 1 � � F u i i i i r // .................. I , i r i r r r r r r PROPOSED PUBLIC 8" SEWER MAIN ; S / I n M If1�T (eo' mvavT—ar—war) 4060 BRYANT IRVIN ROAD FORT WORTH, TX 76109 817.412.7155 DA TE JOB NUMBER 05/08/2024 0039287.03 }~ qn OWNER/DEVELOPER ASANA PARTNERS 1616 CAMDEN ROAD, SUITE 210 CHARLOTTE, NC 28203 SEWER IMPROVEMENTS EXHIBIT CITY PROJECT #105439 IPRC 24-0033 THE FOUNDRY — MIXED USED LOCATED IN THE CITY OF FORT WORTH, TEXAS TARRANT COUNTY, TEXAS EKG110o07 o PAWOM ONIPHOWEREH73 a� v p pop I L�PROPOSED ` 0 L L� CONCRETE SIDEWALK� \�, f I wrnr STAN" r xxxx -x • xx9���x��jxxxs� r i �PROPO SED CONCRETE SIDEWALK r t 1-1 LEGEND ® PROPOSED CONCRETE SIDEWALK TX REG. ENGINEERING FIRM F-11756 TX REG. SURVEYING FIRM LS-10074301 We -%%tw I DRAWN BY CHECKED BY SCALE KLC HPB I 1"=100' I STREET (60' R/pIT-Q�-WAYJ j qn OWNER /DEVELOPER ASANA PARTNERS 1616 CAMDEN ROAD, SUITE 210 CHARLOTTE, NC 28203 1 4060 BRYANT IRVIN ROAD PAVING IMPROVEMENTS EXHIBIT FORT WORTH, TX 76109 CITY PROJECT #105439 817.412.7155 IPRC 24-0033 THE FOUNDRY — MIXED USED LOCATED IN THE CRY OF FORT WORTH, TEXAS DA TE JOB NUMBER TARRANT COUNTY, TEXAS 05/08/2024 0039287.03 WV0 EXHIBIT "B1" - STORM DRAIN IMPROVEMENTS WM� SIGN oHL �WMQ I `� WV 30TTOM OF MH)=528.2f -S OFFSET PP W/COND -SIGN W/LIGHT,COND WM — PROPOSED 8" IALET TC=534.67 WATER LINE 18-530.7± UTILITY CROSSING: Wly -STA 0+00.00 LINE 'ST-G'I q8" R.G.P. W PROPOSED STORM FL=531.0] � CONNECT TO BACK OF EXISTING ELECTRICAL LINE FL -UNKNOWN CAUTION!!! EXISTNG CURB INLET CONTRACTOR TO COORDINATE WITH ENGINEER • / EX. FL 18'=530.6t AND ONCOR PRIOR TO CONSTRUCTION EXIST. GAS LINE 1 / FL 18'=530.60 (SE) - - INLET TC-534 67 �� STA 0+52.34 LINE "ST-G" FL 18"=530.6 INSTALL: WHITMORE STREET /v/ STA 0+05.14 LINE 'ST-G" I-18' 45° HORZ BEND INSTALL: I FL 18"=531.34 (SE) 2..G (6U RIGHT-QF-WAY) 2' 1-18' 45° HORZ BEND R 18"-5}1.34 (� FL 18"=530.6] (N) r M1 _A- FL 18°=530.6] (NW) DRAIN a t.aiz o SIGN / SIGN WM e $IGN STA 0+2.00 LINE'ST-G'= - -- STA 0+00.00 LINE 'ST-G1' p INSTALL: 1-18'X18" 45° WYE CONNECTION �) AL 18"=531.00 (E) R 18"-531.00 (SE) PROP. 18" STORM STA 0+6fi.41 LINE °ST-G' DRAIN a 3.24% END PROPOSED 18" PIPE RIM= 35.88 \ REF. PRIVATE PLANS FOR CONTINUATION R 12"-531.54 (S) /J FL 12' 18"=530.5t / STA 0+13.88 LINE "ST-G1" CONNECT TO PRIVATE STORM I STORM GRAII LINE LANDSCAPE TRENCH DRAIN OMF' FL 18'=531.45 (NW) SIGN I � L_ E G' E ICI o L )-LIGHT STANDARD LIMITS OF FLOODWAY ® PULL BOX ELECTRIC LIMITS OF FLOODPLAIN • PP W/ LIGHT X EXISTING FENCE �-. PP W/ GUY ANCHOR Ex OHL EXISTING OVERHEAD UTILITY LINE PP(1). PP W/ CROSS ARM (LENGTH IN FEET) —IX E— —EX T— EXISTING UNDERGROUND ELECTRIC LINE EXISTING UNDERGROUND TELEPHONE LINE Na TRAFFIC SIGN SSSOO —Ez 0— EXISTING UNDERGROUND CABLE LINE SAN. SEWER MANHOLE —EX 6' 0— EXISTING UNDERGROUND GAS LINE TELL TELEPHONE BOX EXISTING STORM DRAIN LINE TEL, UG TELEPHONE MARKER EX 6'W EXISTING WATER LINE STN( STORM SEWER MANHOLE -EX 6"SS - EXISTING SANITARY SEWER LINE ° WATER METER 613 EXISTING CONTOUR ® WATER VALVE — - - — PROPERTY LINE P PIN FLAG YELLOW EASEMENT LINE FHO FIRE HYDRANT TX REG. ENGINEERING FIRM F-11756 TX REG. SURVEYING FIRM LS-10074301 Westwood8l7.4O12.7O 55H,ITX1 SR OAD DRAWN BY I CHECKED BY SCALE DATE JOB NUMBER KLC HPB 1"=100' 05/08/2024 0039287.03 1 OWNER/DEVELOPER ASANA PARTNERS 1616 CAMDEN ROAD, SUITE 210 CHARLOTTE, NC 28203 STORM DRAIN IMPROVEMENTS EXHIBIT CITY PROJECT #105439 IPRC 24-0033 THE FOUNDRY - MIXED USED LOCATED IN THE CRY OF FORT WORTH, TEXAS TARRANT COUNTY. TEXAS 00 42 43 DAP - BID PROPOSAL Pagel of 5 UNIT PRICE BID Bidlist Item No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Bidder's Application Project Item Information Bidder's Proposal Description I Specification Section I Unit of I Bid Unit Price Bid Value No. Measure Quantity UNIT I: WATER IMPROVEMENTS 0241.1012 Remove 6" Water Line 0241 14 LF 560 $19.56 $10,953.60 3201.0151 Asphalt Pvmt Repair, Water Service 3101 17 LF 575 $222.00 $127,650.00 3201.0202 Asphalt Pvmt Repair Beyond Defined Width, Arterial 3201 17 SY 553.5 $270.00 $149,445.00 3305.0003 8" Waterline Lowering 3305 12 EA 1 $4,215.68 $4,215.68 3305.0109 Trench Safety 3305 10 LF 628 $1.95 $1,224.60 3311.0001 Ductile Iron Water Fittings w/ Restraint 33 11 11 TON 0.460 $1,725.00 $793.50 3311.0041 4" Water Pipe 33 11 10,33 11 12 LF 59 $30.00 $1,770.00 3311.0141 6" Water Pipe 33 11 10,33 11 12 LF 9 $40.00 $360.00 3311.0241 8" Water Pipe 33 11 10,33 11 12 LF 560 $50.00 $28,000.00 3312.0001 Fire Hydrant 331240 EA 1 $1,825.00 $1,825.00 3312.0117 Connection to Existing 4"-12" Water Main 33 1225 EA 3 $1,220.49 $3,661.47 3312.2001 1" Water Service, Meter Reconnection 33 1210 EA 8 $1,220.49 $9,763.92 3312.2203 2" Water Service 33 1210 EA 3 $3,291.00 $9,873.00 3312.3001 4" Gate Valve 32 12 20 EA 2 $2,020.00 $4,040.00 3312.3002 6" Gate Valve 33 1220 EA 2 $2,420.00 $4,840.00 3312.3003 8" Gate Valve 33 1220 EA 2 $3,522.00 $7,044.00 TOTAL UNIT I: WATER IMPROVEMENTS $365,459.77 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 2nd Doc Review_00 42 43_Bid Proposal UPDATE 00 42 43 DAP - BID PROPOSAL Page 2 of 5 UNIT PRICE BID Bidlist Item No. 1 2 3 4 5 6 7 8 9 10 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Project Item Information Specification Section Unit of Description I No. I Measure UNIT II: SANITARY SEWER IMPROVEME VTS 3201.0202 Asphalt Pvrnt Repair Beyond Defined Width, Arterial 3201 17 SY 3201.0150 Asphalt Pvmt Repair, Sewer Service 3201 17 LF 3216.0101 6" Conc Curb and Gutter 32 16 13 LF 3301.0002 Post -CCTV Inspection 33 01 31 EA 3301.0101 Manhole Vacuum Testing 33 01 30 EA 3305.0109 Trench Safety 3305 10 LF 3305.0112 Concrete Collar 3305 17 EA 3331.3101 4" Sewer Service 33 31 50 EA 3331.4115 8" Sewer Pipe 3331 12 LF 3339.1001 4' Manhole 3339 10 EA Bidder's Application Bidder's Proposal Bid Quantity Unit Price I Bid Value 27 $270.00 $7,290.00 10 $222.00 $2,220.00 5 $50.00 $250.00 121 $2.56 $302.50 2 $450.00 $900.00 121 $1.95 $235.95 2 $575.00 $1,150.00 1 $1,450.00 $1,450.00 121 $85.00 $10,285.00 2 $14,978.00 $29,956.00 TOTAL UNIT II: SANITARY SEWER IMPROVEMENTS $54,039.45 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 2nd Doc Review_00 42 43_Bid Proposal UPDATE UNIT PRICE BID Bidlist Item No. SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Project Item Information Description I Specification Section I Unit of No. Measure UNIT III: STORM DRAIN IMPROVEMEN-S 3341.0103 18" RCP. Class I11 3341 10 LF 00 42 43 DAP - BID PROPOSAL Page 3 of 5 Bidder's Application Bidder's Proposal Bid Unit Price I Bid Value Quantity 81 $75.00 $6,075.00 TOTAL UNIT III: STORM DRAIN IMPROVEMENTS $6,075.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 2nd Doc Review_00 42 43_Bid Proposal UPDATE 00 42 43 DAP - BID PROPOSAL Page 4 of 5 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Iteml Description I Specification Section I Unit of I Bid Unit Price Bid Value No. No. Measure Quantity UNIT IV: PAVING IMPROVEMENTS 1 0241.0401 Remove Concrete Drive 0241 13 SF 3549 $4.50 $15,970.50 2 0241.0100 Remove Sidewalk 0241 13 SF 8602 $4.25 $36,558.50 3 0241.1300 Remove Conc Curb&Gutter 0241 15 LF 787 $5.00 $3,935.00 4 3213.0301 4" Conc Sidewalk 32 1320 SF 7612 $4.25 $32,351.00 5 3213.0503 Barrier Free Ramp, Type M-1 32 1320 EA 5 $1,000.00 $5,000.00 6 3213.0505 Banner Free Ramp, Type M-3 32 1320 EA 1 $1,000.00 $1,000.00 7 3292.0100 Block Sod Placement 32 92 13 SY 135 $25.00 $3,375.00 8 3471.0001 Traffic Control 3471 13 MO 2 $9,500.00 $19,000.00 TOTAL UNIT IV: PAVING IMPROVEMENTS $117,190.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 2nd Doc Review_00 42 43_Bid Proposal UPDATE 00 42 43 DAP - BID PROPOSAL Page 5 of 5 UNIT PRICE BID Bidlist Item No. SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Bidder's Application Project Item Information Bidder's Proposal Description I Specification Section I Unit of I Bid Unit Price I Bid Value No. Measure Quantity Bid Summary UNIT I: WATER IMPROVEMENTS $365,459.77 UNIT II: SANITARY SEWER IMPROVEMENTS $54,039.45 UNIT III: STORM IMPROVEMENTS $6,075.00 UNIT IV: PAVING IMPROVEMENTS $117,190.00 Total Construction Bid $542,764.22 This Bid is submitted by the entity named below: BIDDER: Parkway C&A, LP 1000 Civic Circle Lewisville, TX 75067 Contractor agrees to complete WORK for FINAL ACCEPTANCE within CONTRACT commences to run as provided in the General Conditions. BY: Rob Iacobucci TITLE: Project Manager DATE: 8/20/2024 END OF SECTION 60 working days after the date when the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 2nd Doc Review_00 42 43_Bid Proposal UPDATE