Loading...
HomeMy WebLinkAboutContract 55396 Received Date: Mar 11,2021 Received Time:1:48 pm Developer and Project Information Cover Sheet: Developer Company Name: DI Fort Worth Logistics Hub Phase I,LP a Texas limited partnership Address, State,Zip Code: 4900 Main St. Ste.400 ,Kansas City,MO ,64112 Phone&Email: 214-888-3030, dave.harrison@vantrustre.com Authorized Signatory, Title: David Harrison,Manager of VTCO Texas Investments,LLC,its General Partner Project Name: Fort Worth Logistics Hub Brief Description: Water, Sewer,Paving, Storm Drain, Street Lights Project Location: Burleson Cardinal Rd between Risinger Rd. and IH 35W Plat Case Number: Plat Name: Mapsco: Council District: 1 8 CFA Number: CFA20-0128 City Project Number: 102843 OFFICIAL RECORD CITY SECRETARY City of Fort Worth,Texas FT. WORTH, TX Standard Community Facilities Agreement Rev.10/5/19[NPC] City Secretary Contract No.: 55396 STANDARD COMMUNITY FACILITIES AGREEMENT 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 DI Fort Worth Logistics Hub Phase I,LP,a Texas limited partnership("Developer"),acting by and through its duly authorized representative. City and Developer are referred to herein individually as a"party"and collectively as the"parties." WHEREAS, Developer is constructing private improvements or subdividing land within the corporate limits of Fort Worth, Texas or its extraterritorial jurisdiction, for a project known as Fort Worth Logistics Hub("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,the City is not participating in the cost of the Improvements or Project; and WHEREAS, the Developer and the City desire to enter into this Agreement in connection with the collective Improvements for the Project; NOW,THEREFORE,for and in consideration of the covenants and conditions contained herein, the City and the Developer do hereby agree as follows: 1. CFA Ordinance The Community Facilities Agreements Ordinance("CFA Ordinance"),as amended,is incorporated into this Agreement by reference, as if it was fully set forth herein. Developer agrees to comply with all provisions of the CFA Ordinance in the performance of Developer's duties and obligations pursuant to this Agreement and to cause all contractors hired by Developer to comply with the CFA Ordinance in connection with the work performed by the contractors. If a conflict 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 accepted by the City ("Engineering Plans")are incorporated into this Agreement by reference as if fully set out herein. Developer shall provide OFFICIAL RECORD City of Fort Worth,Texas Standard Community Facilities Agreement CITY SECRETARY Rev.10/5/19[NPC] FT. WORTH, TX 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: ® 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 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,and permits issued therefor,the Cost Estimates provided for the Improvements, as amended by change order from time to time, and this Agreement. Developer acknowledges that City will not accept the Improvements until the City receives affidavits and lien releases signed by Developer's contractor(s) verifying that the contractors, and all subcontractors and material suppliers, have been paid in full for constructing the Improvements, and consent of the surety on payment and performance bonds provided for the Improvements. 5. Financial Guarantee Developer has provided the City with a financial guarantee in the form and amounts set forth in this Agreement which guarantees the construction of the Improvements and payment by Developer of all contractors, subcontractors, and material suppliers for the Improvements ("Financial Guarantee"). Developer shall keep the Financial Guarantee in full force and effect until released by the City and shall not reduce the amount of the Financial Guarantee unless authorized by the City in accordance with the CFA Ordinance. If the Financial Guarantee is a Development Bond, it shall be released upon the reconciliation set forth in Section 14 below. 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 City of Fort Worth,Texas Page 3 of 19 Standard Community Facilities Agreement Rev.10/5/19[NPC] 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. (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 (i.e. if Developer receives notice from the City that it has breached this Agreement, and after a reasonable cure period Developer has failed to cure or commence to cure such breach),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 (a) This Agreement shall automatically terminate upon the City's acceptance of the Improvements, reconciliation set forth in Section 14 below and release of the Development Bond.No Writing shall be necessary to effectuate the termination; provided, however, each party agrees to confirm the same, in writing, upon the request of the other party. (b) If Developer desires to terminate this Agreement before Developer's contractors begin constructing the Improvements, Developer agrees to the following: i. that Developer and City must execute a termination of this Agreement in writing; ii. that Developer will vacate any final plats that have been filed with the county where the Project is located; and 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. (c) Section 17 shall survive the termination of this Agreement for a period of three(3)years. Sections 4, 12, 18, 19,21,24, and 26 of this Agreement shall survive the termination of this Agreement for City of Fort Worth,Texas Page 4 of 19 Standard Community Facilities Agreement Rev.10/5/19[NPC] a period equal to the statute of limitations applicable to such Sections,including any period of time in which the statute of limitations is tolled. 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 agrees to require Developer's contractor 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 ("Maintenance 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 contractor(s)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 (other than professional liability). 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. M 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. 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 City of Fort Worth,Texas Page 5 of 19 Standard Community Facilities Agreement Rev.10/5/19[NPC] 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 Prior to the preconstruction meeting, 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 ONACCO UNT OFANYINJURIES OR DAMAGES SUSTAINED BYANYPERSONS,INCL UDING DEATH, OR TO ANY PROPERTY, RESULTING FROM OR IN CONNECTION WITH THE CONSTRUCTION,DESIGN, PERFORMANCE OR COMPLETION OF ANY WORK TO BE PERFORMED BY SAID DEVELOPER, ITS CONTRACTORS, SUBCONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, OR IN CONSEQUENCE OF ANY FAILURE TO PROPERL Y SAFEGUARD THE WORK, OR ONACCOUNT OF ANY ACT,INTENTIONAL OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID DEVELOPER, ITS CONTRACTORS,SUB-CONTRACTORS, OFFICERS,AGENTS OR EMPLOYEES. (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 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 ANYLOSSES,DAMAGES, COSTS OR EXPENSES SUFFERED BY THE CITYOR 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. City of Fort Worth,Texas Page 6 of 19 Standard Community Facilities Agreement Rev.10/5/19[NPC] 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 for the design and construction of the Improvements entered into by Developer with its contractors, along with a non-exclusive assignment of all warranties given by the contractors, whether express or implied. Further, Developer agrees that all contracts with any contractor related to the Improvements shall include provisions granting to the City the right to enforce such contracts as an express intended third party beneficiary of such contracts. 14. Estimated Fees Paid by Developer; Reconciliation Prior to execution of this Agreement, Developer has paid to the City the estimated cost of 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. No later than thirty(30)days after the completion of the construction of the Improvements, delivery to the City of a greensheet signed by the contractor, and delivery to the City of affidavits and lien releases signed by all contractors, the City will reconcile the actual cost of administrative material testing service fees, construction inspection service fees, and water testing lab fees with the estimated fees paid by Developer. If the actual costs of the fees are more than the estimated payments made by the Developer,the Developer must pay the difference to the City before the Improvements will be accepted by the City. If the actual costs of the fees are less than the estimated payments made by the Developer, the City will refund the difference to the Developer. If the difference between the actual costs and the estimated payments made by the Developer is less than fifty dollars ($50.00), the City will not issue a refund and the Developer will not be responsible for paying the difference. The financial guarantee will not be released by the City or returned to the Developer until reconciliation has been completed by the City and any fees owed to the City have been paid by the Developer. 15. Material Testing The City maintains a list of pre-approved material testing laboratories. The Developer must contract with material testing laboratories on the City's list. Material testing laboratories will provide copies of all test results directly to the City and the Developer. If the Improvements being constructed fail a test, the Developer must correct or replace the Improvements until the Improvements pass all retests. The Developer must pay the material testing laboratories directly for all material testing and retesting. The City will obtainproof from the material testing laboratories that the material testing laboratories have been paid in full by the Developer before the City will accept the Improvements. 16. Notices All notices required or permitted under this Agreement may be given to a party by hand- delivery or by mail, addressed to such party at the address stated below. Any notice so given shall be deemed to have been received when deposited in the United States mail so addressed with postage prepaid: CITY: DEVELOPER: Development Coordination Office City of Fort Worth,Texas Page 7 of 19 Standard Community Facilities Agreement Rev.10/5/19[NPC] City of Fort Worth DI Fort Worth Logistics Hub Phase I, LP 200 Texas Street 4900 Main St. Ste. 400 Fort Worth,Texas 76102 Kansas City, MO 64112 Attention: Brett Sheffiled With copies to: Copies to: 6160 Warren Parkway, Suite 200 Dallas, Texas 75034 City Attorney's Office Attention: Bill Baumgardner City of Fort Worth 200 Texas Street Fort Worth,Texas 76102 and City Manager's Office City of Fort Worth 200 Texas Street Fort Worth,Texas 76102 Or to such other address one party may hereafter designate by notice in writing addressed and mailed or delivered to the other party hereto. 17. Right to Audit Developer agrees that, until the expiration of three (3) years after acceptance by the City of the Improvements constructed pursuant to this Agreement, that the City shall have access to and the right to examine any directly pertinent books, documents, papers and records of the Developer involving transactions relating to this Agreement. Developer agrees that the City shall have access during normal working hours to all necessary Developer facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Developer reasonable advance notice of intended audits. Developer further agrees to include in all contracts with Developer's contractors for the Improvements a provision to the effect that the contractor agrees that the City shall,until the expiration of three (3)years after final payment under the contract, have access to and the right to examine any directly 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 City of Fort Worth,Texas Page 8 of 19 Standard Community Facilities Agreement Rev.10/5/19[NPC] all rights and privileges and work performed under this Agreement, and not as agents, representatives or employees of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Developer shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer acknowledges that the doctrine of respondeat superior shall not apply as between the City and its officers, representatives, agents, servants and employees, and Developer and its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Developer. It is further understood that the City shall in no way be considered a co-employer or a joint employer of Developer or any employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers of Developer. Neither Developer,nor any officers, agents, servants, employees or subcontractors of Developer shall be entitled to any employment benefits from the City. Developer shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. The City, through its authorized representatives and employees, shall have the sole and exclusive right to exercise jurisdiction and control over City employees. 19. Applicable Law; Venue This Agreement shall be construed under and in accordance with Texas law. Venue shall be in the state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 20. Non-Waiver The failure of the City to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely on any such term or right on any future occasion. 21. Governmental Powers and Immunities. It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities. 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 City of Fort Worth,Texas Page 9 of 19 Standard Community Facilities Agreement Rev.10/5/19[NPC] 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 term "boycott Israel" and"company"have the meanings ascribed to those terms by Section 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. Immigration and Nationality Act Developer shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Developer shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Developer shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Developer employee who is not legally eligible to perform such services.DEVELOPER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY DEVELOPER, DEVELOPER'S EMPLOYEES,SUBCONTRACTORS,AGENTS,OR LICENSEES. City,upon written notice to Developer, shall have the right to immediately terminate this Agreement for violations of this provision by Developer. 27. 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. 28. Assignment and Successors City of Fort Worth,Texas Page 10 of 19 Standard Community Facilities Agreement Rev.10/5/19[NPC] 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. 29. 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. 30. 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. 31. 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. 32. Counterparts This Agreement may be executed in multiple counterparts, each of which will be deemed an original,but which together will constitute one instrument. 33. 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. 34. Force Majeure City and Developer shall exercise their best efforts to meet their respective duties and obligations as set forth in the Agreement,but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law,ordinance or regulation,acts of God,acts of public enemy,fires,strikes,lockouts, natural disasters, pandemics, epidemic, wars, riots, material or labor restrictions by an governmental City of Fort Worth,Texas Page 11 of 19 Standard Community Facilities Agreement Rev.10/5/19[NPC] authority,transportation problems and/or any other similar issues. [REMAINDER OF PAGE INTENTIONALLY BLANK] City of Fort Worth,Texas Page 12 of 19 Standard Community Facilities Agreement Rev.10/5/19[NPC] 35. Cost Summary Sheet Project Name: Fort Worth Logistics Hub CFA No.: CFA20-0128 City Project No.: 102843 Items Developer's Cost A. Water and Sewer Construction 1. Water Construction $ 35,961.00 2.Sewer Construction $ 137,806.56 Water and Sewer Construction Total $ 173,767.56 B. TPW Construction 1.Street $ 792,753.43 2.Storm Drain $ 1,119,832.46 3.Street Lights Installed by Developer $ 185,243.67 4. Signals $ - TPW Construction Cost Total $ 2,097,829.56 Total Construction Cost(excluding the fees): $ 2,271,597.12 Estimated Construction Fees: C. Construction Inspection Service Fee $36,750.00 D. Administrative Material Testing Service Fee $7,448.00 E. Water Testing Lab Fee $300.00 Total Estimated Construction Fees: $ 44,498.00 Choice Financial Guarantee Options, choose one Amount Mark one Bond= 100% $ 2,271,597.12 x Completion Agreement= 100%/Holds Plat $ 2,271,597.12 Cash Escrow Water/Sanitary Sewer= 125% $ 217,209.45 Cash Escrow Paving/Storm Drain= 125% $ 2,622,286.95 Letter of Credit= 125% $ 2,839,496.40 City of Fort Worth,Texas Page 13 of 19 Standard Community Facilities Agreement Rev.10/5/19[NPC) IN WITNESS WHEREOF,the City and Developer have each executed this Agreement by their duly authorized signatories to be effective on the date executed by the City's Assistant City Manager. CITY OF FORT WORTH DEVELOPER DI Fort Worth Logistics Hub Phase I,LP, a 0444,gpr-4 &6o Texas limited partnership Dana Burghdoff(ftr11,202f11:04 CS-0 Dana Burghdoff By: VTCO Texas Investments,LLC, a Texas Assistant City Manager limited liability company,its General Partner Mar 11 2021 Date: david harrison(Mar 9,202112:32 CST) Name: David Harrison Recommended by: Title: Manager Evelyn Roberts/Jennifer Ezernack Date: Mar 9,2021 Project Assistant Planning and Development Approved as to Form &Legality: Z�2 — Richard A.McCracken(Mar 10,202108:03 CST) Richard A. McCracken Sr.Assistant City Attorney M&C No. N/A Date: Mar 10,2021 b44�nn�� Contract Compliance Manager: Form 1295: N/A �aoo FORT�a By signing, I acknowledge that I am the person ATTEST: a u� =dd responsible for the monitoring and pd d administration of this contract,including o ensuring all performance and reporting ���nEXASopp requirements. Mary J. Kayser/Ronald Gonzales 7q�jg JG2t`t`�O�GIG�I City Secretary/Assistant City Secretary JanieScarlett Morales(Mar 9,202116:02CST) Name: Janie Scarlett Morales Title: Development Manager OFFICIAL RECORD CITY SECRETARY City of Fort Worth,Texas FT. WORTH, TX Standard Community Facilities Agreement Rev.10/5/19[NPC] The following attachments are incorporated into this Agreement. To the extent a conflict exists between the main body of this Agreement and the following attachments, the language in the main body of this Agreement shall be controlling. Included Attachment ® Attachment 1 -Changes to Standard Community Facilities Agreement ❑ Attachment 2—Phased CFA Provisions ® Attachment 3—Concurrent CFA Provisions ® Location Map ® Exhibit A: Water Improvements ® Exhibit A-1: Sewer Improvements ® Exhibit B: Paving Improvements ® Exhibit B-1: Storm Drain Improvements ® Exhibit C: Street Lights and Signs Improvements ® Cost Estimates (Remainder of Page Intentionally Left Blank) City of Fort Worth,Texas Page 15 of 19 Standard Community Facilities Agreement Rev.10/5/19[NPC] ATTACHMENT"I" Changes to Standard Community Facilities Agreement City Project No. 102843 Revisions are contained in the body of the Agreement. City of Fort Worth,Texas Page 16 of 19 Standard Community Facilities Agreement Rev.10/5/19[NPC] ATTACHMENT "2" Concurrent CFA Provision City Project No. 102843 The improvements being constructed by Developer pursuant to this Agreement will connect to improvements being constructed by TCRG Opportunity XV, LLC, under a separate Community Facilities Agreement, City Secretary Contract No. 54339 ("Separate CFA"). Developer has requested and the City has agreed to allow Developer to begin the construction of the improvements contained in this Agreement before the improvements being constructed under the Separate CFA are completed and accepted by the City. Therefore, this Agreement shall be considered a"Concurrent CFA" and the provision contained in this Attachment shall apply to this Agreement. The improvements being constructed under the Separate CFA shall be defined as the "Primary Project." The improvements being constructed by Developer under this Agreement shall be defined as the"Secondary Project." Developer acknowledges and agrees that due to Developer's election to construct a Concurrent CFA, the potential exists for technical, delivery, acceptance or performance problems (hereinafter "Construction Problems"). Construction Problems may include, but are not limited to: failure of the improvements to comply with the approved plans or City Specifications; failure of the improvements in the Primary Project and the Secondary Project to properly connect to each other; changes to the design or construction of the improvements in the Primary Project that impact the design and construction of the improvements in the Secondary Project; construction delays, delay claims,or claims for liquidated damages; increased costs for the Developer or the developer of the Primary Project; failure of the improvements to pass inspection or material testing; or rejection by the City of some or all of the improvements and Developer or the developer of the Primary Project having to remove and reconstruct the improvements at the expense of Developer, the developer of the Primary Project, or both. In addition, Developer understands and agrees that disputes may arise between the contractors or subcontractors for the Primary Project and the contractors or subcontractors for the Secondary Project relating to responsibility for the Construction Problems. Developer shall be solely responsible for resolving disputes between contractors, disputes between contractors and subcontractors and disputes between Developer and the developer of the Primary Project. As required by the City, Developer acknowledges and certifies that Developer has entered into a written agreement with the developer of the Primary Project,which, among other things, (1) provides Developer with any access needed through property owned by the developer of the Primary Project; (2) that Developer and the developer of the Primary Project shall resolve all disputes regarding the design and construction of the Primary Project and the Secondary Project; and(3)the developer of the Primary Project will notify Developer of any all changes to the design or construction of the improvements in the Primary Project, including any field changes. Developer further acknowledges and agrees that Developer has notified all of Developer's contractors for the Project that Developer has elected to construct a Concurrent CFA, the City of Fort Worth,Texas Page 17 of 19 Standard Community Facilities Agreement Rev.10/5/19[NPC] provisions of this Attachment, the risks associated with a Concurrent CFA, and that the City shall not bear any responsibility for construction of the improvements or Developer's decision to proceed with a Concurrent CFA. Developer shall not make the final connection of the improvements in the Secondary Project to the improvements in the Primary Project until the improvements in the Primary Project have been constructed and accepted by the City and the City has consented to Developer making the connection. Developer agrees that if this Agreement is for improvements relating to the construction, renovation or modification of one or more single family residential homes or structures, the City will not record the plat related to the Project until the improvements are constructed and accepted by the City. Developer agrees that if this Agreement is for improvements relating to the construction, renovation or modification of one or more commercial buildings or structures, the Developer shall not receive a Certificate of Occupancy from the City for the building(s) related to the Project until the improvements in this Agreement are constructed and accepted by the City. Developer further understands and agrees that completion of the improvements under this Agreement does not entitle Developer to obtain a final plat of the property until all other requirements of Federal law, State law, or the City Code relating to the filing and recording of a final plat have been met by Developer. BY CHOOSING TO CONSTRUCT A CONCURRENT CFA, DEVELOPER ASSUMES ALL RISKS AND DEVELOPER SHALL BE LIABLE AND RESPONSIBLE FOR ANYAND ALL DAMAGES,INCLUDINGBUTNOTLIMITED TO,ANYAND ALL ECONOMICDAMAGES,PROPERTYLOSS,PROPERTYDAMAGESANDPERSONAL I NJ UR Y(I NCL UDING DEA TH), OFANYKINO OR CHARACTER, WHETHER REAL ORASSERTED. DEVELOPERHEREBYEXPRESSLYRELEASESANDDISCHARGES CITY FROM ANY AND ALL LIABILITY FOR DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL ECONOMIC DAMAGES, PROPERTY LOSS, PROPERTY DAMAGE AND PERSONAL INJURY (INCLUDING DEATH) ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION OF THE IMPROVEMENTS OR DEVELOPER'S DECISION TO CONSTRUCT A CONCURRENT CFA. DEVELOPER, AT ITS SOLE COST AND EXPENSE,AGREESTOANDDOES HER EBYINDEMNIFY,DEFEND,PROTECT,AND HOLD HARMLESS CITY, AND CITY'S OFFICERS, REPRESENTATIVES, AGENTS, EMPLOYEES,AND SER VANTS FOR,FROMAND AGAINST ANYAND ALL CLAIMS (WHETHER AT LAW OR INEQUIT19, LIABILITIES, DAMAGES(INCLUDING ANY AND ALL ECONOMIC DAMA GES, PROPERTY LOSS, PROPERTY DAMA GES AND PERSONAL INJURIES INCL UDING DEA TH),LOSSES,LIENS, CAUSES OFACTION, SUITS,JUDGMENTSANDEXPENSES(INCLUDING,BUTNOTLIAHTED TO, COURT COSTS, ATTORNEYSI FEES AND COSTS OF INVESTIGATION), OF ANY NATURE, KiNO OR DESCRIPTION ARISING OR ALLEGED TO ARISE BY OR IN ANY WAY RELEATED TO(1) CONSTRUCTION OF THE IMPROVEMENTS OR DEVELOPER'S CHOICE TO CONSTRUCT A CONCURRENT CFA, OR (2) BY REASON OF ANY OTHER CLAIM WHATSOEVER OF ANY PERSON OR PARTY OCCASIONED OR ALLEGED TO BE OCCASIONED IN WHOLE OR IMPART BY THE CONSTRUCTION City of Fort Worth,Texas Page 18 of 19 Standard Community Facilities Agreement Rev.10/5/19[NPC] OF THE IMPROVEMENTS OR DEVELOPER'S CHOICE TO CONSTRUCT A CONCURRENT CFA. By signing below, Developer certifies that all statements contained in this Attachment"2" Concurrent CFA Provision are true and correct. DEVELOPER DI Fort Worth Logistics Hub Phase I,LP, a Texas limited partnership By: VTCO Texas Investments,LLC, a Texas limited.liability company,its General Partner GZ�ZG�GL/�2�iz6Qd/�i david harrison(Mar 9,202112:32 CST) Name: David M. Harrison Title: Manager City of Fort Worth,Texas Page 19 of 19 Standard Community Facilities Agreement Rev.10/5/19[NPC] P�- SUNN CH,3 6L SAN p o C DER WILLOW Q Jp�- FL REEKWO D WILLO Q �6E {2Y8 O WHAV O 1 VL Q AS LEY PICE`N m WILD T PROJECT LOCATION RCH STEP COLNSHIR AP RHO�' PALETTE PORK SH IR ;aV WOODHALL SO T WORTH SOUTHVIEW � c � w o > a a > o z Q Q z a o z w > d RUTH ALE � o z z z o r RISINGER TARRANT COUNTY MAPSCO F105-S VICINITY MAP (NOT TO SCALE) 4060 BRYANT IRVIN ROAD FORT WORTH LOGISTICS HUB Pacheco Koch FORT WORTH, TX 76109 817.412.7155 VICINITY MAP EXHIBIT TX REG. ENGINEERING FIRM F-469 CITY PROJECT #102843 TX REG. SURVEYING FIRM LS-10008001 LOCATED IN THE CITY OF FORT WORTH, TEXAS DRAWN BY I CHECKED BY SCALE DA rE JOB NUMBER AND BEING OUT OF THE GEORGE HAMILTON SURVEY, JWS RR NTS 11/02/2020 3949-20.250 ABSTRACT N 751, TARRANT COUNTY, TEXAS 0 125 250 500 GRAPHIC SCALE IN FEET 1� o i — � I e PROPOSED PUBLIC 10"FIRE SERVICE I 0 II 0 DI FORT WORTH LOGISTICS HUB PHASE 1, LP (INST. NO. D220176344) LOT 2, BLOCK 1 I ^ 0 O I I I I PROPOSED 2"DOMESTIC � I WATER SERVICE 8 METER Q \ it PROPOSED PUBLIC 10"FIRE SERVICE 'Q PROPOSED 2"IRRIGATION Q SERVICES 8.METERS(4) 41 PROPOSED PUBLIC 10"FIRE SERVICE PROPOSED 2"DOMESTIC W WATER SERVICE&METER I DI FORT WORTH LOGISTICS HUB PHASE 1, LP EXISTING I2"WATER SSIII (INST. N0. D220176344) I (CITY FILE NO.X-24272) LOT 2, BLOCK 1 LEGEND 16"W EXISTING 16" WATER LINE 12"W EXISTING 12" WATER LINE PROPOSED WATER LINE 4060 BRYANT IRVIN ROAD FORT WORTH LOGISTICS HUB Pacheco Koch FORT WORTH, TX 76109 817.412.7155 WATER CFA EXHIBIT TX REG. ENGINEERING FIRM F-469 CITY PROJECT #102843 TX REG. SURVEYING FIRM LS-10008001 LOCATED IN THE CITY OF FORT WORTH, TEXAS DRAWN BY CHECKED BY SCALE DArE JOB NUMBER AND BEING OUT OF THE GEORGE HAMILTON SURVEY, JWS RR 1"=250' 11/02/2020 3949-20.250 ABSTRACT NO. 751, TARRANT COUNTY, TEXAS E KCVO o U °°L" 0 125 250 500 GRAPHIC SCALE IN FEET l� NOT EXISTING INFRASTRUCTURE PROPOSED 15" PUBLIC S.S. PER RISINGER SOUTH PROJECT (CPN 102560) EXISTING 4' PUBLIC SSMH PER CPN 102560 PROPOSED 8" PUBLIC S.S. I PROPOSED 4' PROPOSED 4' PROPOSED 4' I PUBLIC SSMH PUBLIC SSMH PUBLIC SSMH 0 I PROPOSED 4' PROPOSED 8" PUBLIC S.S. PUBLIC SSMH PROPOSED 4' PUBLIC SSMH PROPOSED 6" S.S. PROPOSED 8" PUBLIC S.S. PROPOSED 6" I PROPOSED 8" S.S. WITH STEEL PUBLIC S.S. I CASING PIPE ` PROPOSED 4' PUBLIC SSMH 1 � I PROPOSED 4' PUBLIC SSMH I N I I O o 0-'C'lu 0 c r A NOT EXISTING INFRASTRUCTURE PROPOSED 15" PUBLIC S.S. PER RISINGER SOUTH PROJECT I (CPN 102560) I O LEGEND ---""--- EXISTING 15" SANITARY SEWER r PROPOSED SANITARY SEWER LINE 4060 BRYANT IRVIN ROAD FORT WORTH LOGISTICS HUB Pacheco Koch FORT WORTH, TX 76109 817.412.7155 WASTEWATER CFA EXHIBIT TX REG. ENGINEERING FIRM F-469 CITY PROJECT #102843 TX REG. SURVEYING FIRM LS-10008001 LOCATED IN THE CITY OF FORT WORTH, TEXAS DRAWN BY I CHECKED BY SCALE DATE JOB ylrrlf�Eaa AND BEING OUT OF THE GEORGE HAMILTON SURVEY, JWS RR 1"=250' 11/03/2020 3949-20.250 ABSTRACT NO T 751, TARRANT COUNTY, TEXAS TYPE P-1 BARRIER NOT EXISTING FREE RAMP INFRASTRUCTURE PROPOSED BURLESON PROPOSED DRIVEWAYS CARDINAL ROAD IMPROVEMENTS PER SOUTHLAND BUSINESS 0 PARK PROJECT — (CPN 102451) PROPOSED 36' WIDE ROAD PROPOSED 10' SIDEWALK O 0 — — PROPOSED DRIVEWAYS PROPOSED 36' WIDE ROAD ft �z� 0 0 < PROPOSED 10' SIDEWALK C r. NOT EXISTING INFRASTRUCTURE PROPOSED 6' SIDEWALK � NOT EXISTING a PROPOSED RISINGER C INFRASTRUCTURE ROAD IMPROVEMENTS PROPOSED RISINGER PER RISINGER SOUTH PROPOSED 25' WIDE ROAD PROJECT O RISINGERO DIMPROVEMENTS PER (CPN 102560) (CPN 102560) RISINGER ROAD ` 0 150 300 GOO PROPOSED CONCRETE PAVEMENT CJ PROPOSED CONCRETE SIDEWALK PROPOSED CONCRETE A GRAPHIC SCALE IN FEET EA UNDERRATE CONSTRUCTION POSED ROAD CFA I� r 4060 BRYANT IRVIN ROAD FORT WORTH LOGISTICS HUB J4 Pacheco Koch FORT WORTH, TX 76109 817.412.7155 PAVING CFA EXHIBIT TX REG. ENGINEERING FIRM F-469 CITY PROJECT #102843 TX REG. SURVEYING FIRM LS-10008001 LOCATED IN THE CITY OF FORT WORTH, TEXAS DRAWN BY CHECKED BY SCALE DATE ✓®e ylrrlf�Eaa AND BEING OUT OF THE GEORGE HAMILTON SURVEY, JWS RR 1"=300' 11/03/2020 3949-20.250 ABSTRACT NO. 751, TARRANT COUNTY, TEXAS C �aDoO� °° off°° - SUCH ] PROPOSED 10'X5' / 443.61' o e e e _ PUBLIC RCB CONNECT TO PROPOSED PRIVATE CUSTOM OUTFALL STRUCTURE PROPOSED 20'X10' PROPOSED PRIVATE PROPOSED 9'X4' SPECIAL HEADWALL I DETENTION POND PUBLIC RCB — — I PROPOSED 15' CURB INLET I PROPOSED 21" PUBLIC STORM DRAIN PROPOSED 10' CURB INLET PROPOSED 9'X4' PUBLIC RCB PROPOSED PUBLIC PROPOSED 15' CURB INLET PROPOSED 21" PUBLIC STORM DRAIN INLET STORM DRAIN I PROPOSED 24" PUBLIC PROPOSED 10' CURB INLET PROPOSED 8'X4' STORM DRAIN PUBLIC RCB PROPOSED 5'X3' PROPOSED 21" PUBLIC PUBLIC RCB PROPOSED 10' CURB INLET STORM DRAIN 1 PROPOSED 8'X4' I PROPOSED 12'X14' PROPOSED 7'X4' PUBLIC RCB PUBLIC JUNCTION BOX PARALLEL WINGED HEADWALL PROPOSED 24" PUBLIC & CUSTOM DROP STRUCTURE STORM DRAIN PROPOSED 21" - -I PUBLIC STORM [PROPOSED 7'X4' DRAIN BLIC RCB PROPOSED 10' PROPOSED PROPOSED PROPOSED 27" CURB INLET fj fj 5'X3' CHANNEL FLARED WING a PROPOSED 5'X3' PARALLEL HEADWALL c PUBLIC RCB WINGED PROPOSED 27" PUBLIC I c HEADWALL STORM DRAIN PROPOSED 10'X10' PUBLIC JUNCTION PROPOSED 10' BOX WITH WYE TOP CURB INLET �PPROPOSED 24" PUBLIC PROPOSED 4'X4' STORM DRAIN = PUBLIC JUNCTION BOX C PROPOSED 24" PUBLIC NOT EXISTING INFRASTRUCTURE STORM DRAIN PROPOSED STORM DRAIN SYSTEM CONNECT TO PROPOSED PER RISINGER SOUTH PROJECT 24" STORM DRAIN (CPN 102560) CURRENTLY UNDER CONSTRUCTION R/S/NGER ROAD CPN 102560 0 150 300 600 - GRAPHIC SCALE IN FEET 4060 BRYANT IRVIN ROAD FORT WORTH LOGISTICS HUB APacheco Koch FORT WORTH, TX 76109 817.412.7155 STORM CFA EXHIBIT TX REG. ENGINEERING FIRM F-469 CITY PROJECT #102843 TX REG. SURVEYING FIRM LS-10008001 LOCATED IN THE CITY OF FORT WORTH, TEXAS DRAWN BY I CHECKED BY SCALE DATE JOB ylrrlf�Eaa AND BEING OUT OF THE GEORGE HAMILTON SURVEY, JWS RR 1"=300' 11/03/2020 3949-20.250 ABSTRACT NO T 751, TARRANT COUNTY, TEXAS 6 PROPOSED STREET NAME SIGN OVER PROPOSED PROPOSED PUBLIC STOP SIGN STREET LIGHT POLES I O O PROPOSED W ELECTRICAL J SERVICE 2 OC PROPOSED PUBLIC I STREET LIGHT �y POLES _ EXISTING TRANSFORMER PROPOSED ELECTRICAL SERVICE PROPOSED PUBLIC STREET LIGHT PROPOSED POLES ELECTRICAL SERVICE I 3 PROPOSED PUBLIC I W> STREET LIGHT Z 3 p POLES _ PROPOSED STREET NAME SIGN OVER PROPOSED STOP SIGN R/ GER ROAD 0 150 300 600 (A--Zr R-r_-w.Y) GRAPHIC SCALE IN FEET - I 4060 BRYANT IRVIN ROAD FORT WORTH LOGISTICS HUB APacheco Koch FORT WORTH, TX 76109 817.412.7155 STREET LIGHTS AND SIGNS CFA EXHIBIT TX REG. ENGINEERING FIRM F-469 CITY PROJECT #102843 TX REG. SURVEYING FIRM LS-10008001 LOCATED IN THE CITY OF FORT WORTH, TEXAS DRAWN BY CHECKED EY SCALE DArE ✓OE N/MBE,7 AND BEING OUT OF THE GEORGE HAMILTON SURVEY, JWS RR 1"=300' 11/03/2020 3949-20.250 ABSTRACT NO. 751, TARRANT COUNTY, TEXAS 00 42 43 DAP-BID PROPOSAL Page 1 of 6 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidders Proposal Bidlist Item Specification Unit of Btd Unit Price Bid Value Description Section No. Measure Quantity No. UNIT I:WATER IMPROVEMENTS 1 3305.0109 Trench Safety 33 05 10 LF 162 $1.00 $162.00 2 3311.0361 10"PVC Water Pipe 3311 12 LF 162 $43.00 $6,966.00 3 3312.2203 2"Water Service 331210 EA 6 $1,706.00 $10,236.00 4 3312.4108 12"x 10"Tapping Sleeve&Valve 33 12 25 EA 3 $6,199.00 $18,597.00 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 TOTAL UNIT I:WATER IMPROVEMENTS $35,961.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS 00 42 43 Bid Proposal_DAP_Current with Prices.xls Form Version May 22,2019 00 42 43 DAP-BIDPROPOSAL '.... Page 2 of 6 '.. SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification Unit of ����Bid Value Description Section No. Measure No. UNIT It:SANITARY SEWER IMPROVEMENTS 1 3301.0002 Post-CCTV Inspection 33 01 31 LF 1579 $1.00 $1,579.00 2 3301.0101 Manhole Vacuum Testing 3301 30 EA 8 $100.00 $800.00 3 3305.0109 Trench Safety 33 05 10 LF 1579 $1.00 $1,579.00 4 3305.0202 Imported Embedment/Backfill,CSS 33 05 10 CY 8 $90.00 $720.00 5 3305.1003 20"Casing By Open Cut 33 05 22 LF 45 $239.00 $10,755.00 6 3305.3001 6"Sewer Carrier Pipe 33 05 24 LF 45 $43.00 $1,935.00 7 3331.4108 6"Sewer Pipe 3311 10 LF 15 $43.00 $645.00 8 3331.4115 8"Sewer Pipe 3311 10 LF 1518 $43.00 $65,274.00 9 3339,0001 Epoxy Manhole Liner 33 39 60 VF 49 $385.00 $18,865.00 10 3339.1001 4'Manhole 33 39 10 EA 7 $3,541.08 $24,787.56 11 3339.1002 4'Drop Manhole 33 39 10 EA 1 $5,154.50 $5,154.50 12 3339.1003 4'Extra Depth Manhole 33 39 10 VF 45.7 $125.00 $5,712.50 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 TOTAL UNIT II:SANITARY SEWER IMPROVEMENTS $137,806.5 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS 00 42 43 Bid Proposal_DAP_Current with Prices.xls Form Version May 22,2019 00 42 43 DAP-BID PROPOSAL Page 3 of 6 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item SpecificationF nit of Bid Unit Price Bid Value Description Section No. asure Quantity No. UNIT III: DRAINAGE IMPROVEMENTS 1 0241.0800 Remove Rip Rap 0241 13 SF 200 $2.00 $400.00 2 0241.3023 Remove 48"Storm Line 024 1 14 LF 100 $45.00 $4,500.00 3 0241.4401 Remove Headwall/SET 02 41 14 EA 2 $2,922.00 $5,844.00 4 3123.0101 Unclassified Excavation by Plan(Channel) 31 2316 CY 2320 $2.50 $5,800.00 5 3125.0101 SWPPP ?1 acre 31 2500 LS 1 $750.00 $750.00 6 3137.0104 Medium Stone Riprap,dry 31 3700 SY 845 $11.00 $9,295.00 7 3137.0101 Concrete Riprap 31 3700 SY 102 $8.00 $816.00 8 3291.0100 Topsoil 3291 19 CY 482 $15.00 $7,230.00 9 3292.0100 Block Sod Placement 32 92 13 SY 4335 $3.50 $15,172.50 10 3305.0109 Trench Safety 33 05 10 LF 2425 $1.00 $2,425.00 11 3341.0201 21"RCP,Class III 3341 10 LF 131 $63.00 $8,253.00 12 3341.0205 24"RCP,Class III 3341 10 LF 364 $132.00 $48,048.00 13 3341.0206 24"RCP,Class IV 3341 10 LF 118 $140.00 $16,520.00 14 3341.0208 27"RCP,Class III 3341 10 LF 43 $76.00 $3,268.00 15 3341.1201 5x3 Box Culvert 3341 10 LF 308 $231.00 $71,148.00 16 3341.1402 7x4 Box Culvert 3341 10 LF 273 $412.00 $112,476.00 17 3341.1501 8x4 Box Culvert 3341 10 LF 462 $453.00 $209,286.00 18 3341.1601 9x4 Box Culvert 3341 10 LF 586 $483.00 $283,038.00 19 3341.2002 10x5 Box Culvert 3341 10 LF 140 $642.00 $89,880.00 20 3349.0001 4'Storm Junction Box 33 49 10 EA 1 $3,600.00 $3,600.00 21 3349.0006 Storm Junction Structure 33 49 10 EA 2 $24,090.00 $48,180.00 22 3349.0102 4'Manhole Riser 33 49 10 EA 2 $2,071.00 $4,142.00 23 3349.1000 Headwall, Box Culvert 33 49 40 CY 6 $6,390.16 $38,340.96 24 3349.1004 27"Flared Headwall, 1 pipe 33 49 40 EA 1 $2,803.00 $2,803.00 25 3349.5001 10'Curb Inlet 33 49 20 EA 7 $5,753.00 $40,271.00 26 3349.5002 15'Curb Inlet 33 49 20 EA 4 $7,923.00 $31,692.00 27 3349.7001 4'Drop Inlet 33 49 20 EA 1 $18,313.00 $18,313.00 28 9999.0001 Custom 20'x10'Headwall EA 1 $38,341.00 $38,341.00 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 4516 TOTAL UNIT III: DRAINAGE IMPROVEMENTS $1,1197832. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS 00 42 43_13id Proposal_DAP_Current with Prices.xis Form Version May 22,2019 00 42 43 DAP-BID PROPOSAL Page 4 of 6 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidders Proposal Bidlist Item Specification Unit of Bid Unit Price Bid Value Description Section No. Measure Quantity No. UNIT IV: PAVING IMPROVEMENTS 1 0241.1100 Remove Asphalt Pvmt 02 41 15 SY 244 $4.00 $976.00 2 0241.0401 Remove Concrete Drive 02 41 13 SF 922 $0.50 $461.00 3 3123.0103 Borrow by Plan 31 23 23 CY 1,812 $4.50 $8,154.00 4 3124.0101 Embankment by Plan 31 24 00 CY 1,234 $2.00 $2,468.00 5 3211.0400 Hydrated Lime 3211 29 TN 175 $157.00 $27,475.00 6 3211.0502 8"Lime Treatment 3211 29 SY 9702 $2.50 $24,255.00 7 3213.0104 9.5"Conc Pvmt(4,000 psi) 32 13 13 SY 9702 $58.77 $570,186.54 8 3213.0301 4"Conc Sidewalk 32 13 20 SF 19166 $5.79 $110,971.14 9 3213.0506 Barrier Free Ramp,Type P-1 32 13 20 EA 2 $433.00 $866.00 10 3217.0002 4"SLID Pvmt Marking HAS(Y) 32 17 23 LF 2838 $1.50 $4,257.00 11 3217.0004 4"BRK Pvmt Marking HAS(Y) 32 17 23 LF 3216 $1.50 $4,824.00 12 3217.0202 8"SLID Pvmt Marking HAS(Y) 32 17 23 LF 76 $3.00 $228.00 13 3217.2103 REFL Raised Marker TY II-A-A 32 17 23 EA 71 $7.50 $532.50 14 3291.0100 Topsoil 3291 19 CY 904 $15.00 $13,560.00 15 3292.0100 Block Sod Placement 32 92 13 SY 5423 $3.50 $18,980.50 16 3292.0500 Seeding,Soil Retention Blanket 32 92 13 SY 315 $2.25 $708.75 17 3441.4003 Furnish/Install Alum Sign Ground Mount City 3441 30 EA 7 $550.00 $3,850.00 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 TOTAL UNIT IV:PAVING IMPROVEMENTS $792,753.43 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS 00 42 43 Bid Proposal-DAP-Current with Prices.xls Form Version May 22,2019 00 42 43 DAP-BID PROPOSAL Page 5 of 6 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification Umtof Bid Unit Price Bid Value Description Section No. Mre Quantity No. UNIT V:STREET LIGHTING IMPROVEMENTS 1 2605.0111 Furnish/Install Elec Serv,Pedestal 26 05 00 EA 1 $6,570.20 $6,570.20 2 2605.3014 2"CONDT RM(Riser) 26 05 33 LF 80 $12.00 $960.00 3 2605.3015 2"CONDT PVC SCH 80(T) 26 05 33 LF 4570 $12.00 $54,840.00 4 3441,1409 NO 8 Insulated Elec Condr 3441 10 LF 16005 $1.21 $19,366.05 5 3441.1501 Ground Box Type B 3441 10 EA 2 $468.71 $937.42 6 3441.1645 Furnish/Install Type 33A Arm 3441 20 EA 26 $350.00 $9,100.00 7 3441.3003 Rdwy Ilium Assmbly TY 18,18A,19,and D-40 3441 20 EA 26 $2,195.00 $57,070.00 8 3441.3302 Rdwy Ilium Foundation TY 3,5,6,and 8 3441 20 EA 26 $1,400.00 $36,400.00 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 TOTAL UNIT V:STREET LIGHTING IMPROVEMENTS $185,243.67 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS 00 42 43—Bid Proposai_DAP_Current with Prices.xis Form Version May 22,2019 00 42 43 DAP-BID PROPOSAL Page 6 of 6 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidders Proposal Bidlist Item Specification Unit of Bid Unit Price Bid Value Description Section No. Measure Quantity No. Bid Summary UNIT I:WATER IMPROVEMENTS $35,961.00 UNIT II:SANITARY SEWER IMPROVEMENTS $137,806.56 UNIT III: DRAINAGE IMPROVEMENTS $1,119,832.46 UNIT IV: PAVING IMPROVEMENTS $792,753.43 UNIT V:STREET LIGHTING IMPROVEMENTS $185,243.67 Total Construction Bid $2,271,597.12 This Bid is submitted by the entity named below: BIDDER: BY: Kyle Whitesell Bob Moore Construction,Inc. 1110 North Watson Road Arlington,TX 76011 TITLE'Executive Vice President DATE: 12-9-20 Contractor agrees to complete WORK for FINAL ACCEPTANCE within 120 working days after the date when the CONTRACT commences to run as provided in the General Conditions. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS 00 42 43_Bid Proposal—DAP—Current with Prices.xls Form Version May 22,2019