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Contract 62973 (3)
Received Date: 3/17/2025 Received Time: 1 0: 2 6 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: None Given Mapsco: F75-J CFA Number: 24-0091 Muse Capital LLC 3808 Kemp Blvd. Wichita Falls, TX 76308 940-228-3131; lanceamuse.canital Lance Cannedy, Managing Member Birchman Office Space Water, Sewer, and Paving Improvements 5401 Birchman Ave. Plat Name: None Given Council District: 7 City Project Number: 105553 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 19 City Secretary Number: 62973 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 Muse Capital LLC ("Developer"), a Texas limited liability company, 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 Birchman Office Space ("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 $206,180.35 to enlarge the scope of the Improvements beyond what Developer is responsible for constructing by replacing an existing 6-inch sewer main with an 8-inch sewer main and an existing 6-inch water main with an 8-inch water main as authorized by City Council through approval of M&C 25-0039 on January 14, 2025 ("City Participation"); and WHEREAS, the City Participation includes reimbursement to Developer in amounts not to exceed $197,587.60 for construction costs and $3,951.75 for material testing costs. The remaining City Participation in the amount of $4,641.00 shall not be paid to Developer, but will be used by City to pay for the City's portion of construction inspection service fees and administrative material testing 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: OFFICIAL RECORD City of Fort Worth, Texas CITY SECRETARY Page 2 of 19 Standard Community Facilities Agreement with City Participation FT. WORTH, TX Rev. 4/2/20 1. CFA Ordinance The Community Facilities Agreements Ordinance ("CFA Ordinance"), as amended, is incorporated into this Agreement by reference, as if it was fully set forth herein. Developer agrees to comply with all provisions of the CFA Ordinance in the performance of Developer's duties and obligations pursuant to this Agreement and to cause all contractors hired by Developer to comply with the CFA Ordinance in connection with the work performed by the contractors. If a conflict exist between the terms and conditions of this Agreement and the CFA Ordinance, the CFA Ordinance shall control. 2. Incorporation of Engineering Plans The engineering plans for the Improvements that have been approved by the City ("Engineering Plans") are incorporated into this Agreement by reference as if fully set out herein. Developer shall provide at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to construct the Improvements required by this Agreement. 3. Description of Improvements; Exhibits and Attachments The following exhibits describe the general location, nature and extent of the Improvements that are the subject of this Agreement and are attached hereto and incorporated herein by reference: ❑X Exhibit A: Water ® Exhibit A-1: Sewer ® Exhibit B: Paving ❑ Exhibit 13-1: Storm Drain ❑ Exhibit C: Street Lights & Signs ❑ Exhibit D: Traffic Signal & Striping 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, D, the Location Map, or the Cost Estimates conflict with the Engineering Plans, the Engineering Plans shall control. If applicable, Attachment 1 — Changes to Standard Community Facilities Agreement, Attachment 2 — Phased CFA Provisions, and Attachment 3 — Concurrent CFA Provisions, are attached hereto and incorporated herein for all purposes. 4. Construction of Improvements Developer agrees to cause the construction of the Improvements contemplated by this Agreement and that said construction shall be completed in a good and workmanlike manner and in accordance with all City standards and specifications, the Engineering Plans, the Cost Estimates provided for the Improvements, and this Agreement. Developer acknowledges that City will not accept the Improvements until the City receives affidavits and lien releases signed by Developer's contractors verifying that the contractors, and all subcontractors and material suppliers, have been paid in full for constructing the Improvements, and consent of the surety on payment and performance bonds provided for the Improvements. If the Developer's contractors: (a) are not constructing the Improvements in accordance City of Fort Worth, Texas Page 3 of 19 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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. 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 19 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 19 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 OF ANYACT, INTENTIONAL OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID DEVELOPER, ITS CONTRACTORS, SUB -CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, WHETHER OR NOT SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE City of Fort Worth, Texas Page 6 of 19 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 Developer's portion of the estimated cost of administrative material testing service fees, construction inspection service fees, and water testing lab fees in the amounts set forth in the Cost Summary section of this Agreement. Upon completion of the construction of the Improvements, the City will reconcile the actual cost of administrative material testing service fees, construction inspection service fees, and water testing lab fees with the estimated fees paid by Developer. If the actual costs of the Developer's portion of the fees are more than the estimated payments made bythe 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 19 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 Services 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: Muse Capital LLC 3808 Kemp Blvd. Wichita Falls, TX 76308 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 City of Fort Worth, Texas Page 8 of 19 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 working hours to all necessary Developer facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Developer reasonable advance notice of intended audits. Developer further agrees to include in all contracts with Developer's contractors for the Improvements a provision to the effect that the contractor agrees that the City shall, until the expiration of three (3) years after final payment under the contract, have access to and the right to examine any directly pertinent books, documents, papers and records of such contractor, involving transactions to the contract, and further, that City shall have access during normal working hours to all of the contractor's facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Developer's contractors reasonable advance notice of intended audits. 18. Independent Contractor It is expressly understood and agreed that Developer and its employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers shall operate as independent contractors as to all rights and privileges and work performed under this Agreement, and not as agents, representatives or employees of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Developer shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer acknowledges that the doctrine of respondeat superior shall not apply as between the City and its officers, representatives, agents, servants and employees, and Developer and its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Developer. It is further understood that the City shall in no way be considered a co -employer or a joint employer of Developer or any employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers of Developer. Neither Developer, nor any officers, agents, servants, employees or subcontractors of Developer shall be entitled to any employment benefits from the City. Developer shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. The City, through its authorized representatives and employees, shall have the sole and exclusive right to exercise jurisdiction and control over City employees. 19. Applicable Law; Venue This Agreement shall be construed under and in accordance with Texas law. Venue shall be in the state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 20. Non -Waiver City of Fort Worth, Texas Page 9 of 19 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 The failure of the City to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely on any such term or right on any future occasion. 21. Governmental Powers and Immunities. It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities. 22. Headings The paragraph headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. 23. Severability In the event that any clause or provision of this Agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not affect any of the remaining provisions hereof. 24. Review of Counsel City and Developer, and if they so choose, their attorneys, have had the opportunity to review and comment on this document; therefore any rule of contract construction or interpretation that would normally call for the document to be interpreted as against the drafting party shall not apply in interpretation of this Agreement, and each section, portion, and provision of this Agreement shall be construed solely on the basis of the language contained therein, regardless of who authored such language. 25. Prohibition on Boycotting Israel Developer acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company with 10 or more full-time employees that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" have the meanings ascribed to those terms by Chapter 2271 of the Texas Government Code. To the extent that Chapter 2271 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not boycott Israel; and (2) will not boycott Israel during the term of this Agreement. 26. Prohibition on Boycotting Energy Companies City of Fort Worth, Texas Page 10 of 19 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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. 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 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 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 City of Fort Worth, Texas Page 11 of 19 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 documentation for each employee who performs work under this Agreement. Developer shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Developer employee who is not legally eligible to perform such services. DEVELOPER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY DEVELOPER, DEVELOPER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Developer, shall have the right to immediately terminate this Agreement for violations of this provision by Developer. 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. Counterparts This Agreement may be executed in multiple counterparts, each of which will be deemed an City of Fort Worth, Texas Page 12 of 19 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 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 in amounts not to exceed $197,587.60 for construction costs and $3,951.75 for material testing costs. The remaining City Participation in the amount of $4,641.00 shall not be paid to Developer, but will be used by City to pay for the City's portion of construction inspection service fees and administrative material testing fees. The City will reimburse the City Participation 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. Developer must register as a vendor of the City in order for the City Participation to be paid to Developer. The City Participation for construction costs was calculated as follows: City of Fort Worth, Texas Page 13 of 19 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 UNIT PRICE BID ��rr�ra6c��•� *.,,,->Qxcsaaiai-cP3aTo-ssssy Bidder's Application Mil ia!lam 0 5padficaden I Urrit f Hid Cmtrazmu-Um[ Toll VaYt CFW- T7oi1 P3jrn. 31- Laa rs I;- Pnra -&bL f !porn ppLadf. dty3- c F- Cr4 ,zw GF99-uu, GiryFuydPrd-- Frk, ®id Tatar I 1 0241.1113A'-1Y'Pre-PIPg UNF I. 024114 .. EA :,, - ,.. , : 1 : - $ 25000 $2aad 2 024, Rem -Cent GwbdGuHer 024115 lF 716 $ 400 $2.,664.0a 11R S10A0 5472.00 s13M 91 32D127 10 Wldr 6 !.Phan rrntl [Typr e d QJ 98• 159 $250.D0 $M,75D.00 3 RCpnk, ArI71.1 920117 lF } 310-16 $501,997A4 32:1 d125 3".1'de 6'AsphoR Pvrn# kepair (Type 6 R DI, d AIL- 220117 IF 22 $ M.D) $17,DU6Ap I S 3291.0616 Con- Fir. A114f1n1fl ya0lrHtlP a201 29 S7 -004 $ 225L0 $M025M 199 `Wl9 DO $37A38.W I 6 3216.D1014'Cant. Car[[ Oder 321613 tF 716 $ 3520 #25,060AD 1R DD 57,130.00 7 3305.0109 irentPory �,lr M0510 IF 1JO13 $ 1-4S $Z4X121 M 159 $2.00 �111.05 I 8 K3 IJ3141 6' W. n a311 12 IF 50 $ 45.12 $2256.00 I t 3311.4341 $" water P1P� M 11 12 IF 993 $ S2.36 $52,48P.48 10 51DD.DO S9.4D522 I D 321122202 T VVcfer 3e•- _ lJFme:Fc 1 3-3 0 EA 1 $ 4,695.00 "5.00 I 1 32122003 1"A'c fcr Se- ice l� &Forl 33122001 1" water Sehke, !Adler RtdaHnetll6n M 1210 FA 1 $ 1,36753 $1,357.57 12 {Obhl"IitJ M3 210 EA 14 $ 1.3675a 419,145A2 T $5 0.D0 S540.OD 18 3k122002 o'Go-e '�alre 331220 EA 1 3,0MM ia.000.90 1, 321220038'Ga-t ':alrt M 220 FA 2 4,SOOAO Odd. 15 ... J0001 Olre+ie hen Wei, fffflnpf wf R&Amirt J.ilA(1`17 M 11 11 TON 1.38d 14AM 35 $ ,505-40 0.148 $]�9,9D0.00 $2,194.18 14 Ce ffun to Exlsflng 4--Y>C W&M Mak1 33 12 25 EA 1 64659 {84654 1 53,700JM $814.59 17 1212L107 6.onnecfar. to Existing 20' water Main 937222 15 FA 1 22,238-90 U71-iM Traffic Conhol a411MO7.&M.Do SOOco 149999A001Abu radon Existing 6"Wa1erlAain 024114 EA I I,000A) �,21Zi-90 ,OD000 999A002 Abandon Existing wu+erSerrice {Kill TnpJ D2411d EA 5p2JS .D04.80 21 499A008 Fire Hydrant Reconnection DC CO 9D EA 715.78 713.78 TOTAL UN IT I: WATER I MP ROVEM ENTS (T88�07.19 I ,� Ya.6a9.ds UNIT II: SANITARY SEWER IMPROVEMENTS I 1 0241Y012 Remo ffL-&ewer Bee D2411d LF 222 $ ,3-4D $5'Z. 70 223 $ 5.329.70 I 2 C2d12101 A' Sewer Abo rA.nmen+ plop 02411A EA 7 $ 250DD $1,750.10 I 3 3201.0614 S" C60t P9htt Regjyy &HkMdMk a201 29 SF 350 $ 27421 $95p08,50 350 $ 2MJM 70,DOO.DO I 4 33oIAM FddA-CTYlnspeellen M0131 tF 229 $ 1-95 W6A5 223 $ 3JOD $ 431.65 I S 38p1Alal PA-HokV--T-trig a30120 EA a $ a75L0 $1,125.130 6 33050106 M-H.le 4dushnen+,Major Moo IA EA 1 } 1,132951 $1029.51 7 33060709 Trench Sdely 3-3 05 10 lF 229 i 225 $537.75 223 $ 2J00 $ 446.00 I 8 32al2201 n'Se-r 3-ice 333150 EA 1 } 1,1050.00 419M.00 S 9 32121 A I C& 5'--r Pipe 'MI.4115 � � r lF 14 } 34M $I,WA4 S 10 8'sewer Plpe _ tF 221. $ 109,4a 41A,4MB9 243 $ 9600 $ 21.408.00 11 3339.0001 Epoxy MPnho4r Lhw a3 39 60 VF 17 $ 376.00 $d,392.00 E S 54 M $ 1,880.00 12 3999.10-31 A'Ma nh.e M3910 EA 1 $ 1&,315A0 $18,315J6D S I 3 "-CM r-Ma Cennecilan Io Exfsling 7Aonhole 000000 FA 3 $ 2,3622a $7,096.99 2 $ 2,23000 $ 4,400.Do I TOTAL UNIT II: SANITARY SEW R IMPRLt MENTS S104.13MI33 $103,698-55 Earn MDC TPARTICPAr E41RI IMMY PARnCWATXA"EW ER UNIT V: PAVING IMPROI%cMENTS I 1 0241JP401 Remove C-rele Onve 024113 S' 969 $ 2.50 3 2,422.50 2 0241.0100 Remove Sidewalk 024113 3F 1,90i 3 2-% 3 4,76D.DD a 024LIM kcmme G-CvbSCtrHer 0241 IS tF 494 3 SAO 3 2470.130 4 3213 03: 4' CPnc 3id-ik 221320 3F 2.541 $ 7100 $ 17,787.00 6 3213 :' : ; 5- Cootie!. Dii-y 22 1220 3F 951 $ 9.75 $ 9272.25 7 3213: :15-Coot P-11 221213 3F 775 $ 9A0 $ 6,975.130 I 321,: :; 3.nier Free RPmp,Type M-1 a21a 20 EA 1 $ 2,500A0 $ 2,500.00 9 3213:: :: 3urrier Free Romp, Type P-1 a21220 EA d $ 2,500A0 3 10,oD0.00 16 321 5 a Conc. Curb S GuHer a21.5 12 IF A64 3 25100 3 11,600.00 3291 J3M Topsoil a291 I9 Cy 1r6 $ I5A0 $ 2,190.00 8 32920190 Alock Sod Plocemen+ 229212 S'f 9135 $ 6A0 $ 3,510AD S U71A001 Traffic Control ad 711a MO 1 $ 7,SOOAO $ 7,500.00 I 0 9499A002 Ad ditionol BockAl far Rurkwoy ios needed) CIOOD 00 12 1 $ 2,500A0 $ 2,500.00 _ TOTAL JNJT Pi: PAVRG N, .. , _ = s W.489.75 M d 59mm4ry 6ewdoper Grits City Gos4s Tv�I CaWE 2 07.19 UNIT II's ..y1�I�IFIfAF 'tiV�GENTS $80.940.20 $1113.ege-55 $194,838.83 LR41T M: PAv inu imrnu tuna d is $82.486.76 S - Sa3.4813.75 Total Ca utrucaa n Bid l $LMM.17 I 1i 197,587fAI 41,036,532.TT (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 City of Fort Worth, Texas Page 14 of 19 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 terminated on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except to the portions of annual payments herein agreed upon for which funds shall have been appropriated. (c) Substantial completion of the Improvements shall occur after Developer's 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 INTENTIONALLY BLANK] City of Fort Worth, Texas Page 15 of 19 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 Project Name: Birchman Office Space CFA No. 24-0091 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 38. Cost Summary Sheet IPRC No. 24-0101 City Project No. 105553 Developer's Cost City's Cost Total Cost Total Construction Cost (excluding the fees): Estimated Construction Fees: C. Construction Inspection Service Fee D. Administrative Material Testing Service Fee E. Material Testing Cost E. Water Testing Lab Fee Total Estimated Construction Fees: 111011 r_1 N ;J:Toll1 *0 90101-31 Financial Guarantee Options, choose one Bond = 100% Cash Escrow Water/Sanitary Sewer= 125% Cash Escrow Pavinq/Storm Drain = 125% Letter of Credit = 125% City of Fort Worth, Texas Standard Community Facilities Agreement with City Participation Rev. 4/2/20 $ 694,518.14 $ 93,689.05 $ 788,207.19 $ 60,940.28 $ 103,898.55 $ 164,838.83 $ 755,458.42 $ 197,587.60 $ 953,046.02 $ 83,486.75 $ - $ 83,486.75 $ 83,486.75 $ - $ 83,486.75 $ 838,945.17 $ 197,587.60 $ 1,036,532.77 $ 22,200.00 $ 4,200.00 $ 26,400.00 $ 980.00 $ 441.00 $ 1,421.00 $ - $ 3,951.75 $ 3,951.75 $ 390.00 $ - $ 390.00 $ 23,570.00 $ 8,592.75 $ 32,162.75 $ 862,515.17 $ 206,180.35 $ 1,068,695.52 Choice Amount (Mark one $ 1,036,532.77 X $ 1,191,307.53 $ 104,358.44 $ 1,295,665.96 Page 16 of 19 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 Jesica McEachern Assistant City Manager Date: 03/17/2025 Recommended by: Bichson Nguyen Sr. Contract Compliance Specialist Development Services Department Approved as to Form & Legality: plchemi McC�ac�r�n Richard McCracken (Mar 12, 202517:48 CDT) Richard A. McCracken Sr. Assistant City Attorney M&C No. 25-0039 Date: 1/14/2025 Form 1295: 2024-1241146 q vannG 0! Fonr46 ATTEST: od a ((� dda� nE6464p Jannette Goodall City Secretary City of Fort Worth, Texas Standard Community Facilities Agreement with City Participation Rev. 4/2/20 DEVELOPER Muse Capital LLC I-ance Cannedy Lance Cannedy (Mar 11, 2025 21:41 CDT) Lance Cannedy Managing Member Date: 03/11 /2025 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. /��CC� Dlilie/L Rebecca Owen (Mar 12, 2025 09:31 CDT) Rebecca Diane Owen Development Services Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 17 of 19 The following attachments are incorporated into this Agreement. To the extent a conflict exists between the main body of this Agreement and the following attachments, the language in the main body of this Agreement shall be controlling. Included Attachment © Attachment 1 - Changes to Standard Community Facilities Agreement ❑ Attachment 2 — Phased CFA Provisions ❑ Attachment 3 — Concurrent CFA Provisions ❑X Location Map ❑X 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 ❑ Exhibit D: Traffic Signal and Striping Improvements ® Cost Estimates (Remainder of Page Intentionally Left Blank) City of Fort Worth, Texas Page 18 of 19 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 ATTACHMENT "I" Changes to Standard Community Facilities Agreement City Project No. 105553 None City of Fort Worth, Texas Page 19 of 19 Standard Community Facilities Agreement with City Participation Rev. 4/2/20 VICINITY MAP w o v v � z RIDGE Q �Z o ��. z o y HERS 1 D L COLLI vWOOD 1 PROJECT LOCATION LEEL CAMPO Q EL CAMPC z z PER`. HING �AF � T w = � BIRCHNAN �'P\ MALVEY LOCK1= LOVELL CURZO' DONNELLE- / GEDDES DIAZ HCVGHTDN VNELLESLEY Y LOCKE L w � w wl w � ✓ z ALake Com1CURZON �I o y L J � w w Q w GEDDES \z TARRANT COUNTY MAPSCO F75-J VICINITY MAP (NOT TO SCALE) DEVELOPER: EFFECTUS GROUP WESTWOOD PROFESSIONAL SERVICES CONTACT: TOWNES CLEMONS BIRCHMAN OFFICE BUILDING PM: PRESTON BARTLEY 3704 MATTISON AVENUE CITY PROJET #105553 4060 BRYANT IRVIN RD. FORT WORTH, TX 76107 IPRC24-0101 FORT WORTH, TX 76109 P H : 817.999.7254 P H : 817.412.7155 EXIHIBIT "A" - WATER IMPROVEMENTS oVa EX. 6" PUBLIC CAST IRON WATER MAIN (X-09326) BEGIN 8" PVC TO BE ABANDONED IN I PUBLIC WATER LINE PLACE i PER SPEC 02 41 14 I ------ - V7 _ n n n n 0 ;mow ... ........ ' 13.90 I DIR& ABANDON 14 LF OF 6" _ 1 FIRE HYDRANT LEAD LINE IN LACE PER SPEC. 02 41 14 EX. 20" PUBLIC 50760VERAGE (TYP.) / PROP. 8" PUBLIC CONCRETE WATER I I F PVC WATER MAIN _� MAIN (X-09326) I I I i � I I !- I SHEET 6 1 I 1 W DEVELOPER: EFFECTUS GROUP WESTWOOD PROFESSIONAL SERVICES CONTACT: TOWNES CLEMONS BIRCHMAN OFFICE BUILDING PM: PRESTON BARTLEY 3704 MATTISON AVENUE CITY PROJET #105553 4060 BRYANT IRVIN RD. FORT WORTH, TX 76107 IPRC24-0101 FORT WORTH, TX 76109 P H : 817.999.7254 P H : 817.412.7155 EXIHIBIT "A1" - SEWER IMPROVEMENTS v B/RCHMAN AVENUE - - � '� Leo o•axfzr-a<-wen - W -� � ❑ I - _ I J I" I II II y-- --- ------ BUILDING s a -Q: EXIST BLDG j w j— ll m j a vl / ,,(( PROP 4' DIA EX 8" VC SWR ��/ SSNM Cx-azp>o) I 1 . EXISTING 8" k PROP. PUBNC PROP PUBLIC 6" PVC 1 ] ° '34 ExISI1NG SEWER MAIN PVC SDR-2I3 SDN-2B SEWER SERVICE , 13 a' DIA SSMH (X_p2010) _SEWER MAIN PROP tOX SE — _ EASEMENT 0 9°58'53 W 23329' Ex�E'i DIA SS Ms_I -so A B�NIIE EX ST NG �(usi. x° °x°s15555eJ ^N,a 4' DA SSMH S % ' 1 V WAY, EXISTING 12" DI WE / EXIS— AND ABANDONED �^ (A �J�E ^T OF P O "1110�R VARIgB([FREEWq y PER COFW SPEC 02 41 14 DEVELOPER: EFFECTUS GROUP WESTWOOD PROFESSIONAL SERVICES CONTACT: TOWNES CLEMONS BIRCHMAN OFFICE BUILDING PM: PRESTON BARTLEY 3704 MATTISON AVENUE CITY PROJET #105553 4060 BRYANT IRVIN RD. FORT WORTH, TX 76107 IPRC24-0101 FORT WORTH, TX 76109 PH: 817.999.7254 PH: 817.412.7155 EXIHIBIT "B" - PAVING IMPROVEMENTS - s� B/RCHMAIV A VENUE TO 70 TO (80.G' RIGHT-OF-WAY) -- it --------- O 71111 — � uTO 71022� v71E1s o / a ;T G w � rno I wEs - (A VT,,� REEIti'A . .— I , IJ =.ar FOLD - E LINE 711 F- 89058'53" E 350.00' - - - PROPOSED BUILDING �jEVARD g0 �IEfo�1,aF-WAY) cAMp g A v� RomPROPOSED PUBLIC SIDEWALK PROPOSED PUBLIC DRIVE PROPOSED PUBLIC PARKING DEVELOPER: EFFECTUS GROUP WESTWOOD PROFESSIONAL SERVICES CONTACT: TOWNES CLEMONS BIRCHMAN OFFICE BUILDING PM: PRESTON BARTLEY 3704 MATTISON AVENUE CITY PROJET #105553 4060 BRYANT IRVIN RD. FORT WORTH, TX 76107 IPRC24-0101 FORT WORTH, TX 76109 P H : 817.999.7254 P H : 817.412.7155 00 42 43 DAP - BID PROPOSAL Pagel of 4 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item No. Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value UNIT I: WATER IMPROVEMENTS 1 0241.1118 4"-12" Pressure Plug 0241 14 EA 1 $ 250.00 $ 250.00 2 0241.1300 Remove Conc Curb&Gutter 0241 15 LF 716 $ 4.00 $ 2,864.00 3 3201.0127 10' Wide 6" Asphalt Pvmt (Type B & D) Repair, Arterial 3201 17 LF 984 $ 510.16 $ 501,997.44 4 3201.0125 8' wide 6" Asphalt Pvmt Repair (Type B & D), Arterial 3201 17 LF 22 $ 773.00 $ 17,006.00 5 3201.0616 Conc Pvmt Repair, Arterial/Industrial 3201 29 SY 409 $ 225.00 $ 92,025.00 6 3216.0101 6" Conc. Curb & Gutter 3216 13 LF 716 $ 35.00 $ 25,060.00 7 3305.0109 Trench Safety 3305 10 LF 1,043 $ 1.95 $ 2,033.85 8 3311.0141 6" Water Pipe 3311 12 LF 50 $ 45.12 $ 2,256.00 9 3311.0241 8" Water Pipe 3311 12 LF 993 $ 52.86 $ 52,489.98 10 3312.2203 2" Water Service (Domestic) 33 12 10 EA 1 $ 4,895.00 $ 4,895.00 11 3312.2003 1"Water Service (Irrigation) 331210 EA 1 $ 1,367.53 $ 1,367.53 12 3312.2001 1" Water Service, Meter Reconnection (Domestic) 331210 EA 14 $ 1,367.53 $ 19,145.42 13 3312.3002 6" Gate Valve 33 12 20 EA 1 $ 3,000.00 $ 3,000.00 14 3312.3003 8" Gate Valve 33 12 20 EA 2 $ 4,500.00 $ 9,000.00 15 3311.0001 Ductile Iron Water Fittings w/ Restraint 3311 11 TON 1.38 $ 14,859.35 $ 20,505.90 16 3312.0117 Connection to Existing 4"-12" Water Main 33 12 25 EA 1 $ 846.59 $ 846.59 17 3312.0107 Connection to Existing 20" Water Main 33 12 25 EA 1 $ 22,238.90 $ 22,238.90 18 3471.0001 Traffic Control 3471 13 MO 1 $ 7,500.00 $ 7,500.00 19 9999.0001 Abandon Existing 6" Water Main 0241 14 EA 1 $ 1,000.00 $ 1,000.00 20 9999.0002 Abandon Existing Water Service (Kill Tap) 0241 14 EA 4 $ 502.45 $ 2,009.80 21 9999.0003 Fire Hydrant Reconnection 00 00 00 EA 1 $ 715.78 $ 715.78 TOTAL UNIT I: WATE t IMPROVEMENTS $788,207.191 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 42 43_Bid Proposal DAP 00 42 43 DAP - BID PROPOSAL Page 2 of 4 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 Section Unit of Bid Unit Price Bid Value No. No. Measure Quantity UNIT II: SANITARY SEWER IMPROVEMENTS 1 0241.2012 Remove 6" Sewer Line 0241 14 LF 223 $ 23.90 $ 5,329.70 2 0241.2101 4" Sewer Abandonment Plug 0241 14 EA 7 $ 250.00 $ 1,750.00 3 3201.0614 6" Conc Pvmt Repair, Residential 3201 29 SF 350 $ 274.31 $ 96,008.50 4 3301.0002 Post -CCTV Inspection 3301 31 LF 239 $ 1.95 $ 466.05 5 3301.0101 Manhole Vacuum Testing 3301 30 EA 3 $ 375.00 $ 1,125.00 6 3305.0106 Manhole Adjustment, Major 330514 EA 1 $ 1,029.51 $ 1,029.51 7 3305.0109 Trench Safety 3305 10 LF 239 $ 2.25 $ 537.75 8 3331.3201 6" Sewer Service 3331 50 EA 1 $ 1,050.00 $ 1,050.00 33 11 10, 33 31 12, LF 16 9 3331.4108 6" Sewer Pipe 3331 20 $ 84.09 $ 1,345.44 3331.4115 8"Sewer Pipe 33 11 10, 33 31 12,33 LF 223 10 31 20 $ 109.43 $ 24,402.89 11 3339.0001 Epoxy Manhole Liner 33 39 60 VF 17 $ 376.00 $ 6,392.00 12 3339.1001 4' Manhole 3339 10 EA 1 $ 18,315.00 $ 18,315.00 13 9999.0001 Core Connection to Existing Manhole 00 00 00 EA 3 $ 2,362.33 $ 7,086.99 TOTAL UNIT II: SANITARY SEWER IMPROVEMENTS $164,838.831 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 42 43_Bid Proposal DAP 00 42 43 DAP - BID PROPOSAL Page 3 of 4 UNIT PRICE BID Bidlist Item No. SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Bidder's Application Project Item Information Description Specification Section Unit of I Bid No. Measure Quantity UNIT IV: PAVING IMPROVEMENT; Bidder's Proposal Unit Price I Bid Value 1 0241.0401 Remove Concrete Drive 0241 13 SF 969 $ 2.50 $ 2 0241.0100 Remove Sidewalk 0241 13 SF 1,904 $ 2.50 $ 3 0241.1300 Remove Conc Curb&Gutter 0241 15 LF 494 $ 5.00 $ 4 3213.0301 4" Conc Sidewalk 32 13 20 SF 2,541 $ 7.00 $ 5 3213.0403 6" Concrete Driveway 321320 SF 951 $ 9.75 $ 6 3213.0103 5" Conc Pvmt 32 13 13 SF 775 $ 9.00 $ 7 3213.0503 Barrier Free Ramp, Type M-1 32 13 20 EA 1 $ 2,500.00 $ 8 3213.0506 Barrier Free Ramp, Type P-1 32 13 20 EA 4 $ 2,500.00 $ 9 3216.0101 6" Conc. Curb & Gutter 32 16 13 LF 464 $ 25.00 $ 10 3291.0100 Topsoil 3291 19 CY 146 $ 15.00 $ 11 3292.0100 Block Sod Placement 32 92 13 SY 585 $ 6.00 $ 12 3471.0001 Traffic Control 3471 13 MO 1 $ 7,500.00 $ 13 9999.0002 Additional Backfill for Parkway (as needed) 00 00 00 LS 1 $ 2,500.00 $ TOTAL UNIT IV: PAVING IMPROVEMENTS 2,422.50 4,760.00 2,470.00 17,787.00 9,272.25 6,975.00 2,500.00 10,000.00 11,600.00 2,190.00 3,510.00 7,500.00 2,500.00 $83,486.751 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 42 43_Bid Proposal DAP 00 42 43 DAP - BID PROPOSAL Page 4 of 4 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification Section Unit of Bid Description Unit Price Bid Value No. No. Measure Quantity Bid Summary UNIT I: WATER IMPROVEMENTS 1 $788,207.191 UNIT II: SANITARY SEWER IMPROVEMENTS 1 $164,838.831 UNIT IV: PAVING IMPROVEMENTS 1 $83,486.751 1 Total Construction Bid $1,036,532.77 1 This Bid is submitted by the entity named below: BIDDER: Fort Construction 224 E Vickery Blvd Fort Worth, TX 76104 Contractor agrees to complete WORK for FINAL ACCEPTANCE within CONTRACT commences to run as provided in the General Conditions. BY: Mark Elliott 7e� TITLE: Senior Project Manager DATE: END OF SECTION 70 working 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_Bid Proposal DAP City of Fort Worth, Texas Mayor and Council Communication DATE: 01/14/25 M&C FILE NUMBER: M&C 25-0039 LOG NAME: 60BIRCHMAN WATER SEWER CAST IRON REPLACMENT SUBJECT (CD 7) Authorize Execution of an Community Facilities Agreement with Muse Capital LLC, with City Participation in an Amount Up to $206,180.35 for Replacing an Existing 6-Inch Sewer Main with an 8-Inch Sewer Main and an Existing 6-Inch Water Main with an 8-Inch Water Main Located in South Fort Worth, and Adopt Appropriation Ordinance to Effect a Portion of Water's Contribution to the Fiscal Years 2025-2029 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of a Community Facilities Agreement with Muse Capital LLC, with City participation in an amount up to $206,180.35 for replacing an existing 6-inch sewer line with a 8-inch sewer main and an existing 6-inch water line with an 8-inch water main located in south Fort Worth; and 2. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Water & Sewer Capital Project 2019 Fund by increasing estimated receipts and appropriations in the Community Facilities Agreement Bucket programmable project (City Project No.P00001) in the amount of $245,698.00 and decreasing estimated receipts and appropriations in the Unspecified All -Funds project (City Project No. UNSPEC ) by the same amount for the purpose of funding the Community Facilities Agreement — CFA Birchman Office Space project (City Project No. 105553) and to effect a portion of Water's contribution to the Fiscal Years 2025-2029 Capital Improvement Program. DISCUSSION: Muse Capital LLC, (Developer) is constructing the Birchman Office Space project located west of Camp Bowie Boulevard and south of Birchman Avenue. The Water Department desires to participate in the project to replace approximately 223 linear feet of existing 6-inch cast iron pipe sewer main. The Water Department also desires to replace approximately 159 linear feet of existing 6-inch water main with an 8-inch water main. The City will pay 100% of the unit prices for replacing the existing 6-inch sewer main and 6-inch water main. The Birchman Office Space project is assigned City Project No. 105553 and Accela System Record Infrastructure Plan Review Center (IPRC) 24-0101. In accordance with Chapter 212, Subchapter C of the Texas Local Government Code, the City's participation in the contract is exempt from competitive bidding requirements because the City's Participation in the contract will not exceed 30% of the total contract costs, the Developer will execute a performance bond to cover the total project cost, including all of the City's cost participation, and the City's cost participation will be determined in accordance with the City's Community Facilities Agreement (CFA) unit price ordinance. The City's cost participation in the replacement of the sewer and water main is estimated to be in an amount up to $206,180.35 as shown in the table below. Payments to the Developer are estimated to be $197,587.60 for construction costs and $3,951.75 for material testing costs. The City's cost participation also includes $4,641.00 to cover the City's portion of construction inspection service fees, administrative material testing fees, and water lab fees. An additional $39,517.52 in the contingency funds will cover the City's portion of any change orders. The following table shows the cost sharing breakdown for the project between all parties: Public Improvements 1. Water �2. Sewer Sub -Total Water Contingency 20% �3. Paving Developer City Cost Total Cost Cost $691,804.72 $93,689.05 $785,493.77 $60,940.28 $103,898.55 $164,838.83 $752,745.00 $197,587.60 $950,332.60 $0.00 $39,517.52 $39,517.52 $83,486.75 $0.00 $83,486.75 Construction Fees: B. Construction Inspection Fee $22,200.00 $4,200.00 $26,400.00 C. Admin Material Testing Fee $980.00 $441.00 $1,421.00 D. Material Testing Cost $0.00 $3,951.75 $3,951.75 E. Water Testing Lab Fee $390.00 $0.00 $390.00 Total Project Cost $859,801.75 $245,697.87 $1,105,499.62 *Numbers will be rounded up for accounting purposes The reimbursement of the City participation, excluding inspection and material testing fees, is not a lump -sum amount and may be less than the stated amount depending upon the actual quantities and unit prices from the Notice of Final Completion package, commonly referred to as the Green Sheet package. It is the practice of the Water Department to appropriate its CIP plan throughout the Fiscal Year (FY), instead of within the annual budget ordinance, as projects commence, additional funding needs are identified, and to comply with bond covenants. 60BIRCHMAN WATER SEWER CAST IRON REPLACEMENTS Capital Project Name Fund Name 56016 - WS 105553 - CFA- Capital Birchman Office Project 2019 Space FY2025 CIP Authority Budget Change Revised FY2025 Appropriations (Increase/Decrease) Budget $0.00 This M&C $245,698.00 $245,698.00 Funding is available in the Unspecified All -Funds project within the WS Capital Project 2019 Fund for the purpose of funding the CFA-Birchman Office Space project. Funding for the Community Facility Agreement (CFA) — Birchman Office Space project as depicted in the table below: Fund Existing Additional Project Total* Appropriations Appropriations WS Capital Project 2019 - Fund $0.00 $245,698.00 $245.698.00 56016 Project Total $0.00 $245,698.00 $245,698.00 *Numbers rounded for presentation purposes. BUSINESS EQUITY- A goal is not required under Business Equity Ordinance 25165-102021 when City spending participation on Community Facilities Agreements is less than $1,000,000.00 dollars. An amendment or change order may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficent funds have been appropriated. This project is located in COUNCIL DISTRICT 7. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are currently available in the Unspecified All -Funds project within the WS Capital Project 2019 Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in WS Capital Project 2019 Fund for the CFA- Birchman Office Space project to support the approval of the above recommendations and execution of the agreement. Prior to an expenditure being incurred, the Water Department has the responsibility of verifying the availability of funds. Submitted for Citv Manaaer's Office bv: William Johnson 5806 Oriainatina Business Unit Head: Chris Harder 5020 Additional Information Contact: Suby Varguhese 8009 Melissa Harris 8428