HomeMy WebLinkAboutContract 56080 Received Date: 07/27/2021
Received Time:9:28 am
Developer and Project Information Cover Sheet:
Developer Company Name: Rob Riner Companies GP LLC
Address, State,Zip Code: P.O.Box 907,Fort Worth,TX, 76101
Phone &Email: 972-689-0669,rrinerkrobriner.com
Authorized Signatory,Title: Managing Partner
Project Name: Oak Grove Road Improvements
Brief Description: Paving, Storm Drain, Street Lights
Project Location: Intersection of Joel East Road and Oak Road
Plat Case Number: Plat Name: FP-18-125
Mapsco: Council District: 8
CFA Number: CFA18-0187 City Project Number: 101902
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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City Secretary Number: 56080
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 Rob Riner Companies GP,LLC
("Developer"),acting by and through its duly authorized representative. City and Developer are referred to
herein individually as a"parry" 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 Oak Grove
Road Improvements("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 by reimbursing Developer in an
amount not to exceed $1,961,209.65 for construction costs on items eligible to be paid for with transportation
impact fees and to reimburse Developer in an amount not to exceed $100,000.00 for permission from the
Union Pacific Railroad Company, and the Fort Worth& Western Railroad Company if necessary, in order
to build a portion of Oak Grove Road to its ultimate configuration as authorized by City Council through
approval of M&C C-28660 on April 17,2018 ("City Participation"); 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
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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
❑X Exhibit A-1: Sewer
❑X Exhibit B: Paving
❑X Exhibit B-1: Storm Drain
❑X Exhibit C: Street Lights & Signs
The Location Map and Cost Estimates are also attached hereto and incorporated herein by
reference. To the extent that Exhibits A, A-1, B, B-1, C, the Location Map, or the Cost Estimates
conflict with the Engineering Plans, the Engineering Plans shall control. If applicable,Attachment 1 —
Changes to Standard Community Facilities Agreement, Attachment 2 — Phased CFA Provisions, and
Attachment 3 — Concurrent CFA Provisions, are attached hereto and incorporated herein for all
purposes.
4.
Construction of Improvements
Developer agrees to cause the construction of the Improvements contemplated by this Agreement
and that said construction shall be completed in a good and workmanlike manner and in accordance with
all City standards and specifications, the Engineering Plans, the Cost Estimates provided for the
Improvements,and this Agreement. Developer acknowledges that City will not accept the Improvements
until the City receives affidavits and lien releases signed by Developer's contractors verifying that the
contractors, and all subcontractors and material suppliers, have been paid in full for constructing the
Improvements, and consent of the surety on payment and performance bonds provided for the
Improvements.
5.
Financial Guarantee
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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.
(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;
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(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
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.
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(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.
II.
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 B YANY PERSONS,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,
WHETHER OR NOT SUCHINJURIES,DEATH OR DAMAGESARE CAUSED,IN WHOLE
OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS
OFFICERS,SERVANTS, OR EMPLOYEES.
(c) DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND AND
HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM
AND AGAINST ANY AND ALL CLAIMS, SUITS OR CAUSES OF ACTION OF ANY
NATURE WHATSOEVER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ON
ACCOUNT OF ANY INJURIES OR DAMAGES TO PERSONS OR PROPERTY,
INCLUDING DEATH,RESULTING FROM, OR INANY WAY CONNECTED WITH, THE
CONSTRUCTION OF THE IMPROVEMENTS CONTEMPLATED HEREIN, WHETHER
OR NOT SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE OR IN
PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS
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OFFICERS, SERVANTS, OR EMPLOYEES. FURTHER, DEVELOPER WILL REQUIRE
ITS CONTRACTORS TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY
FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES SUFFERED BY THE CITY OR
CAUSED AS A RESULT OF SAID CONTRACTORS' FAILURE TO COMPLETE THE
WORK AND CONSTRUCT THE IMPROVEMENTS IN A GOOD AND WORKMANLIKE
MANNER, FREE FROM DEFECTS,IN CONFORMANCE WITH THE CFA ORDINANCE,
AND INACCORDANCE WITH ALL PLANS AND SPECIFICATIONS.
13.
Right to Enforce Contracts
Upon completion of all work associated with the construction of the Improvements,Developer will
assign to the City a non-exclusive right to enforce the contracts entered into by Developer with its
contractors,along with an assignment of all warranties given by the contractors,whether express or implied.
Further,Developer agrees that all contracts with any contractor shall include provisions granting to the City
the right to enforce such contracts as an express intended third parry beneficiary of such contracts.
14.
Estimated Fees Paid by Developer; Reconciliation
Prior to execution of this Agreement, Developer has paid to the City the estimated cost of
administrative material testing service fees, construction inspection service fees,and water testing lab fees
in the amounts set forth in the Cost Summary section of this Agreement. Upon completion of the
construction of the Improvements, the City will reconcile the actual cost of administrative material testing
service fees, construction inspection service fees, and water testing lab fees with the estimated fees paid
by Developer. If the actual costs of the fees are more than the estimated payments made by the Developer,
the Developer must pay the difference to the City before the Improvements will be accepted by the City. If
the actual costs of the fees are less than the estimated payments made by the Developer,the City will refund
the difference to the Developer.If the difference between the actual costs and the estimated payments made
by the Developer is less than fifty dollars($50.00),the City will not issue a refund and the Developer will
not be responsible for paying the difference. The financial guarantee will not be released by the City or
returned to the Developer until reconciliation has been completed by the City and any fees owed to the City
have been paid by the Developer.
15.
Material Testing
The City maintains a list of pre-approved material testing laboratories. The Developer must
contract with material testing laboratories on the City's list. Material testing laboratories will provide copies
of all test results directly to the City and the Developer. If the Improvements being constructed fail a test,
the Developer must correct or replace the Improvements until the Improvements pass all retests. The
Developer must pay the material testing laboratories directly for all material testing and retesting. The City
will obtain proof from the material testing laboratories that the material testing laboratories have been
paid in full by the Developer before the City will accept the Improvements.
16.
Notices
All notices required or permitted under this Agreement may be given to a party by hand-
delivery or by mail, addressed to such party at the address stated below. Any notice so given shall be
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deemed to have been received when deposited in the United States mail so addressed with postage
prepaid:
CITY: DEVELOPER:
Development Coordination Office Rob Riner Companies GP, LLC
City of Fort Worth P.O. Box 907
200 Texas Street Fort Worth, TX 76101
Fort Worth, Texas 76102
With copies to:
City Attorney's Office
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
and
City Manager's Office
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
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
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It is expressly understood and agreed that Developer and its employees, representative, agents,
servants,officers,contractors,subcontractors,and volunteers shall operate as independent contractors as to
all rights and privileges and work performed under this Agreement, and not as agents, representatives or
employees of the City. Subject to and in accordance with the conditions and provisions of this Agreement,
Developer shall have the exclusive right to control the details of its operations and activities and be solely
responsible for the acts and omissions of its employees, representatives, agents, servants, officers,
contractors, subcontractors, and volunteers. Developer acknowledges that the doctrine of respondeat
superior shall not apply as between the City and its officers, representatives, agents, servants and
employees, and Developer and its employees, representatives, agents, servants, officers, contractors,
subcontractors, and volunteers. Developer further agrees that nothing herein shall be construed as the
creation of a partnership or joint enterprise between City and Developer. It is further understood that the
City shall in no way be considered a co-employer or a joint employer of Developer or any employees,
representatives, agents, servants, officers, contractors, subcontractors, and volunteers of Developer.
Neither Developer,nor any officers,agents, servants,employees or subcontractors of Developer shall be
entitled to any employment benefits from the City. Developer shall be responsible and liable for any and
all payment and reporting of taxes on behalf of itself, and any of employees, representatives, agents,
servants,officers,contractors, subcontractors,and volunteers.
The City,through its authorized representatives and employees, shall have the sole and exclusive
right to exercise jurisdiction and control over City employees.
19.
Applicable Law; Venue
This Agreement shall be construed under and in accordance with Texas law. Venue shall be in
the state courts located in Tarrant County, Texas or the United States District Court for the Northern
District of Texas,Fort Worth Division.
20.
Non-Waiver
The failure of the City to insist upon the performance of any term or provision of this Agreement
or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent
of City's right to assert or rely on any such term or right on any future occasion.
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.
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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 meaning 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.
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'SEMPLOYEES,SUBCONTRACTORS,AGENTS,OR LICENSEES. City,upon written
notice to Developer, shall have the right to immediately terminate this Agreement for violations of this
provision by Developer.
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.
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28.
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.
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.
City Participation; Fiscal Funding Limitation
(a) The City shall reimburse Developer for construction costs in an amount not to exceed
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$1,961,209.65 for items eligible to be paid with transportation impact fees. The City Participation
shall not include any reimbursement to Developer for material testing costs,construction inspection
fees, administrative material testing fees, or water testing fees. During construction of the
Improvements, Developer will receive applications for payment from Developer's contractors.
Developer shall verify that each application for payment is due and payable under the construction
contracts between Developer and the contractors and that the Improvements that are the subject of
the application for payment have been constructed. Developer shall submit payment requests to
the City, in the form of an invoice, no more frequently than one time per month to obtain
reimbursement of the City Participation(each a"Payment Request").Each Payment Request shall
be delivered to the City by email with the subject reading "Reimbursement Request Oak Grove
Road CPN 101902" and delivered to Mirian.Spencergfortworthtexas.gov. Each Payment
Requested submitted by Developer shall be accompanied with proof that Developer has paid the
contractors for the amount included in the Payment Request,and an affidavit and lien release from
the contractors indicating that Developer has paid the contractors in full for the amount included in
each Payment Request and the contractors have paid all subcontractors and material suppliers in
full.
(b) In the event no funds or insufficient funds are appropriated and budgeted or are otherwise
unavailable by any means whatsoever in any fiscal period for payments due under this Agreement,
then the City will immediately notify Developer of such occurrence and this Agreement shall be
terminated on the last day of the fiscal period for which appropriations were received without
penalty or expense to the City of any kind whatsoever, except to the portions of annual payments
herein agreed upon for which funds shall have been appropriated.
35.
WORK WITHIN RAILROAD RIGHT-OF-WAY
(a) A portion of the Improvements will be constructed within the right-of-way owned by Union
Pacific Railroad Company which leases the tracks to Fort Worth & Western Railroad
Company("Railroad ROW"). The term Railroad ROW shall not include the sanitary sewer
Improvements being constructed within the railroad right-of-way pursuant to a pipeline
agreement, City Secretary Contract Number 54999. An agreement between the City,Union
Pacific Railroad Company and Fort Worth & Western Railroad Company is necessary in
order for Developer to widen Oak Grove Road within the Railroad ROW pursuant to this
Agreement ("Permit"). Developer has applied to Union Pacific Railroad Company for the
Permit, but it has not been executed. Developer desires to begin work outside the Railroad
ROW pursuant to this Agreement before the Permit is executed. City consents to Developer
beginning the work outside the Railroad ROW subject to the conditions stated in this Section
35.
(b) Notwithstanding anything to the contrary herein, Developer shall not perform any
construction within the Railroad ROW until the Permit is executed and Developer has met
all requirements of the Permit to begin construction. Developer shall not enter the Railroad
ROW until the Permit is issued. Developer shall ensure its contractors do not enter into or
perform any work within the Railroad ROW until the Permit is issued. Developer shall
ensure that all work performed by its contractors and all entry into the Railroad ROW is
performed in accordance with the Permit.
(c) Developer shall,at Developer's expense,keep traffic control in place until the Improvements
within the Railroad ROW are constructed and accepted by the City. Developer understands
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that the City has no control over the issuance of the Permit and that the Improvements
outside the Railroad ROW may be many completed months before the Permit is issued.
(d) Developer shall be responsible for and shall remedy any traffic problems that result from the
Improvements outside the Railroad ROW being constructed before the Improvements within
the Railroad ROW can be constructed pursuant to the Permit.Any such remedies performed
by Developer must be approved by the City, Union Pacific Railroad Company, and Fort
Worth&Western Railroad Company before Developer mares the remedies. Developer shall
prevent traffic from becoming backed up within the Railroad ROW until the Improvements
are constructed in the Railroad ROW.
(e) Developer shall pay all costs for the Permit. City shall reimburse Developer for the cost of
the Permit in an amount not to exceed $100,000.00. Developer shall be responsible for all
costs for the Permit that exceed $100,000.00. In order to be reimbursed by the City,
Developer shall deliver an invoice and proof to the City of the cost of the Permit and proof of
Developer's payment of the Permit fee.
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36.
Cost Summary Sheet
Project Name: Oak Grove Road Improvements
CFA No CFA18-0187 IPRC No.101902 City Project No.: IPRC18-0096
Items Developer's Cost City's Cost Total Cost
A.Water and Sewer Construction
1.Water Construction $ 37,622.00 $ - $ 37,622.00
2.Sewer Constm ction $ 113,900.00 $ - $ 113,900.00
Water and Sewer Construction Total $ 151,522.00 $ - $ 151,522.00
B. TPW Construction
1.Public Paving $ 208,904.50 $ 1,154,967.00 $ 1,363,871.50
2.Private Paving $ 1,283,876.50 $ - $ 1,283,876.50
3.Storm Drain $ 105,737.60 $ 555,122.40 $ 660,860.00
4.Public Street Lights $ - $ 114,700.00 $ 114,700.00
5.Private Srteet Lights $ 77,250.00 $ - $ 77,250.00
4. Railroad Right-of-Way $ 10,643.75 $ 136,420.25 $ 147,064.00
TF'W Construction Cost Total $ 1,686,412.35 $ 1,961,209.65 $ 3,647,622.00
Total Construction Cost(excluding the fees(: $ 1,837,934.35 $ 1,961,209.65 $ 3,799,144.00
Estimated Construction Fees:
C. Construction Inspection Service Fee $84,280.00 $ - $84,280.00
D.Administrative Material Testing Service Fee $9,114.00 $ - $9,114.00
E.Water Testing Lab Fee $150.00 $ - $150.00
Total Estimated Construction Fees: $93,544.00 $93,544.00
Railroad Permit $ - $ 100,000.00 $ 100,000.00
TOTAL PROJECT COST $ 1,931,478.35 $ 2,061,209.65 $ 3,992,688.00
Choice (Mark
Financial Guarantee Options,choose one Amount one
Bond=100
Completion Agreement=100%/Holds Plat
Cash Escrow Water/Sanitary Sewer-125%
Cash Escrow Paving/Storm Drain=125
Letter of Credit=125% $ 2,297,417.94 x
`The TPW items are split into public v.private. Al infrastructure is public infrastructure. The split was done to match the unit bid price and
the language was intended to differentiate on which entity would pay.However,Developer is responsible for a portion ofthe"public"pay items.
`The Developer is responsible for material testing costs charged by the laboratory which are not reflected on this cost summary sheet
City of Fort Worth,Texas Page 14 of 17
Standard Community Facilities Agreement with City Participation
Rev.4/2/20
IN WITNESS WHEREOF,the City and Developer have each executed this Agreement by their
duly authorized signatories to be effective on the date executed by the City's Assistant City Manager.
CITY OF FORT WORTH DEVELOPER
Rob Riner Companies GP,LLC
Dana Burghdoff(Ju 23,20211 :43 CDT)
Dana Burghdoff t �Cd•
Assistant City Manager By:Robert Riner(Jul 23,202107:55 CDT)
Name: Rob Riner
Date: Jul 23,2021 Title: Managing Partner
Recommended by: Date: J u 123,2021
Evelyn Roberts
Evelyn Roberts(Jul 23,202108:09 CDT)
Evelyn Roberts/Jennifer Ezernack
Project Assistant
Development Services Department
Approved as to Form &Legality:
Richard A.McCracken(Jul 23,202108:43 CDT)
Richard A.McCracken
Sr.Assistant City Attorney Contract Compliance Manager:
M&C No. C-28660 By signing, I acknowledge that I am the person
Date: 4/17/18 responsible for the monitoring and
administration of this contract,including
Form 1295: 2018-318114 ensuring all performance and reporting
�doonn� requirements.
10
ATTEST: o0 000 000°�o�d 0
�p 0��� J fifer Ezern nbeha Ifo l 23,202108:16 CDT)
Ronald P. Gonzales ��o o.I d
Ronald P.Gonzales(Jul 26,202107:42 CDT) P o g,_ Janie S.Morales
Ronald P. Gonzales o d
o° o*� Development Manager
Acting City Secretary �� 000000°°°°
���nEXAS.oAp
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth,Texas Page 15 of 17
Standard Community Facilities Agreement with City Participation
Rev.4/2/20
The following attachments are incorporated into this Agreement. To the extent a
conflict exists between the main body of this Agreement and the following attachments, the
language in the main body of this Agreement shall be controlling.
Included Attachment
❑X Attachment 1 - Changes to Standard Community Facilities Agreement
❑ Attachment 2—Phased CFA Provisions
❑ Attachment 3 —Concurrent CFA Provisions
❑X Location Map
❑X Exhibit A: Water Improvements
❑X Exhibit A-1: Sewer Improvements
❑X Exhibit B: Paving Improvements
❑X Exhibit B-1: Storm Drain Improvements
❑X Exhibit C: Street Lights and Signs Improvements
❑X Cost Estimates
(Remainder of Page Intentionally Left Blank)
City of Fort Worth,Texas Page 16 of 17
Standard Community Facilities Agreement with City Participation
Rev.4/2/20
ATTACHMENT"1"
Changes to Standard Community Facilities Agreement
City Proj ect No.101902
Negotiated changes are contained in the body of the Agreement.
City of Fort Worth,Texas Page 17 of 17
Standard Community Facilities Agreement with City Participation
Rev.4/2/20
Oak Grove Road
Project 101902 004243
DAP-EIDPROPOSAL
Page I of9
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
No. Description Section No. I Measure Quantity Unit Price Bid Value
UNIT I:PRIVATE WATER IMPROVEMENTS
1 3311.0447 12"Water Pipe,CLSM Backfill 3311 10.33 LF 83 $124.00 $10,292.00
2 3312.4305 30"x 12"Tapping Sleeve&Valve 33 12 25 EA 1 $22,500.00 $22,500.00
3 3305.0109 Trench Safety 33 05 10 LF 83 $10.00 $830.00
4 0241.1118 4"-12"Pressure Plug 0241 14 EA 1 $1.500.00 $1.500.00
5 3312.0109 Connection to Existing 30"Water Main 33 12 25 EA 1 $2,500.00 $2,500.00
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:PRIVATE WATER IMPROVEMENTS $37,62Z.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version September 1,2015 .).xls
00 42 43
DAP-BID PROPOSAL
Page 2 of 9
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
No. Description Section No. Measure Quantity Unit Price Bid Value
UNIT II:PRIVATE SANITARY SEWER IMPROVEMENTS
1 3339.1001 4'Manhole 33 39 10.33 EA 2 $7,000.00 $14,000.00
2 3331.4212 12"DIP Sewer 3311 10.33 LF 155 $160.00 $24,800.00
3 3305.0109 Trench Safety 33 05 10 LF 155 $20.00 $3,100.00
4 3339.0001 Epoxy Manhole Liner 33 39 60 VF 16 $400.00 $6.400.00
5 3301.0001 Pre-CCTV Inspection 330131 LF 155 $10.00 $1,550.00
6 3301.0002 Post-CCTV Inspection 330131 LF 155 $10.00 $1,550.00
7 3301.0101 Manhole Vacuum Testing 33 01 30 EA 2 $250.00 $500.00
8 3305.1103 20"Casing By Other Than Open Cut 33 05 22 LF 100 $620.00 $62,000.00
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 II: PRIVATE SANITARY SEWER IMPROVEMENTS $113.900.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version September 1,2015 00-4243_oak-grove-mad-bid-proposal(1).xls
00 42 43
DAP-BID PROPOSAL
Page 3 of 9
SECTION 00 42 43
Developer Awarded Prnjects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Specification Unit of Bid
No Dcscr pUv,i Section No. Measure Quantity Unit Price Bid Value
UNIT III: PUBLIC DRAINAGE IMPROVEMENTS
1 3341.0201 21"RCP,Class III 3341 10 LF 690 $ 80.00 $55,200.00
2 3341.0205 24"RCP,Class 111 3341 10 LF 383 $ 90.00 $34,470.00
3 3341.0309 36"RCP,Class 111 3541 10 LF 202 $ 120.00 $24.240.00
4 3341.0402 42"RCP,Class 111 3641 10 LF 148 $ 160.00 $23,680.00
5 3341.0502 54"RCP,Class III 3341 10 LF 223 $ 230.00 $51,290.00
6 9999.0001 5x2 Box Culvert 00 00 00 LF 43 $ 260.00 $11,180.00
7 3349.0001 4'Storm Junction Box 33 49 10 EA 3 $ 6,500.00 $19,500.00
8 3349.0003 6'Storm Junction Box 33 49 10 EA 2 $ 8,500.00 $17.000.00
9 3349.6001 10'Recessed Inlet 33 49 20 EA 4 $ 4,200.00 $16.800.00
10 3305.0112 Concrete Collar 33 05 17 EA 4 $ 1,000.00 $4,000.00
11 3305.0116 Concrete Encasement for Utility Pipes 3305 10 CY 17 $ 400.00 $6.800.00
12 3349.8001 10'Type 2 Inlet 33 49 20 EA 4 $ 5,200.00 $20.800.00
13 3349.8002 15'Type 2 Inlet 33 49 20 FA 2 $ 6,500.00 $13.000.00
14 3349.8003 20'Type 2 Inlet 33 49 20 EA 4 $ 7.500.00 $30.000.00
15 3137.0102 Large Stone Riprap,dry 31 3700 SY 382 $ 125.00 $47,750.00
16 3349.1000 Headwall,Box Culvert 33 49 40 CY 17 $ 850.00 $14.450.00
17 3341.1302 6x3 Box Culvert 3341 10 LF 294 $ 330.00 $97,020.00
18 9999.0002 TXDOT 7'10"X 7'10"Junction Box 00 00 00 EA 3 $ 14,500.00 $43,500.D0
19 3305.0109 Trench Safety 3305 10 LF 2009 $ 2.00 $4,018.00
20 3341.1202 5x4 Box Culvert 3341 10 LF 300 $ 300.00 $90.000.00
21 3201.0400 Temporary Asphalt Paving Repair 3201 18 LF 2009 $ 18.00 $36.162.00
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
TOTAL UNIT III: PUBLIC DRAINAGE IMPROVEMENTS $660,860.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version September 1,2015 00-42-43_oak-grove-road-bid-proposal(1).x1s
00 42 43
DAP-BID PROPOSAL
Page 4 of 9
SECTION 00 42 43
neveloper Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Specification Unit of Bid
Dcaa ipliuu Unit Pricc Bid Valuc
No. Section No. Measure Quantity
UNIT IV. PRIVATE PAVING IMPROVEMENTS
1 0241.1100 Remove Asphalt Pvmt 0241 15 SY 4,353 $ 8.00 $34,824.00
2 0241.1000 Remove Conc Pvmt 0241 15 SY 5,849 $ 20.00 $116.980.00
3 3305.0111 Valve Box Adjustment 3305 14 EA 10 $ 1.000.00 $10.000.00
4 0241.0500 Remove Fence 0241 13 LF 140 $ 10.00 $1,400.00
5 3305.0106 Manhole Adjustment,Major 3305 14 EA 3 $ 2,500.00 $7,500,00
6 3305.0108 Miscellaneous Structure Adjustment 3305 14 EA 5 $ 4,500.00 $22,500.00
7 0241.4401 Remove Headwall/SET 0241 14 EA 2 $ 3,500.00 $7,000.00
8 3441.4110 Remove and Reinstall Sign Panel and Post 3441 30 EA 5 $ 1,000.00 $5,000.00
9 3305.0110 Utility Markers 33 05 26 LS 1 $ 7,500.00 $7,500.00
10 Remove Traffic Baricade 00 00 00 EA 1 $ 1,000.00 $1,000.00
11 0241.3001 Storm Line Grouting 0241 14 CY 17 $ 500.00 $8,500.00
12 3110.0101 Site Clearing 31 1000 LS 1 $ 7,500.00 $7.500.00
13 3471.0001 Traffic Control 3471 13 MO 18 $ 2,500.00 $45,000-00
14 3125.0101 SWPPP z 1 acre 31 2500 1-5 1 $ 15,000.00 $15.000.00
15 0241.1510 Salvage Fire Hydrant 0241 14 EA 2 $ 1,000.00 $2,000,00
16 0241.0550 Remove Guardrail 0241 13 LF 631 $ 12.00 $7,572.00
17 3441.4108 Remove Sign Panel and Post 3441 30 EA 1 $ 600.00 $600.00
18 0241.4103 Remove 20'Recessed Inlet 0241 14 EA 2 $ 2,000.00 $4,000.00
19 0241.0100 Remove Sidewalk 0241 13 SF 4266 $ 3.00 $12.798.00
20 0241.3104 24"Storm Abandonment Plug 0241 14 EA 2 $ 1,000.00 $2.000.00
21 0241.3015 Remove 24"Storm Line 0241 14 LF 58 $ 30.00 $1.740.00
22 0241.0300 Remove ADA Ramp 0241 13 EA 3 $ 500.00 $1,500.00
23 0241.3013 Remove 18"Storm Line 0241 14 LF 24 $ 25.00 $600,00
24 3213.0104 9"Conc Pvmt 32 13 13 SY 6133 $ 58.00 $471,714,00
25 3213.0102 7"Conc Pvmt 32 13 13 SY 178 $ 50.00 $8,900.00
26 3212.0302 2"Asphalt Pvmt Type D 32 12 16 SY 5 $ 30.00 $150.00
27 3212.0501 4"Asphalt Base Type B 32 1216 SY 5 $ 40.00 $200.00
28 3213.0301 4"Conc Sidewalk 32 1320 SF 16955 $ 5.50 $93,252,50
29 3211.0502 8"Lime Treatment 32 11 29 SY 8597 $ 4.00 $34,388.00
30 3211.0401 Commercial Lime Slurry 3211 29 TN 206 $ 190.00 $30,140.00
31 3291.0100 Topsoil(6") 3291 19 CY 1273 $ 24.00 $30,552,00
32 3217.0003 4"BRK Pvmt Marking HAS(W) 32 17 23 LF 600 $ 2.00 $1,200.00
33 3217.0501 24"SLID Pvmt Marking HAE(W) 33 17 23 LF 696 $ 20.00 $13,920.00
34 3217.0201 8"SLID Pvmt Marking HAS(W) 32 1723 LF 740 $ 4.00 $2,960.00
35 3217.2104 REFL Raised Marker TY I I-C-R 32 1723 EA 60 $ 6.00 $360.00
36 3217.1002 Lane Legend Arrow 32 1723 EA 4 $ 450.00 $1,800.00
37 3217.1004 Lane Legend Only 321723 EA 3 $ 450.00 $1,350.00
38 9999-0000 Pedestrian Guardrail TxDOT 450 LF 160 $ 160.00 $25.600.00
39 9999.0000 Guardrail TxDOT 540 LF 658 $ 40.00 $26,320.00
40 3123.0101 Unclassified Excavation by Plan 31 23 16 CY 3831 $ 18.00 $68,958.00
41 0170.0100 Mobilization 01 7000 LS 1 $ 7,500.00 $7.500.00
42 3217.1001 Lane Legend RR 32 1723 EA 4 $ 650.00 $2,600.00
43 3213.0506 Barrier Free Ramp,Type P-1 32 1320 EA 2 $ 2,500.00 $5.000.00
44 3217.0002 4"SLD Pvmt Marking HAS(Y) 32 1723 LF 712 $ 2.00 $1.424.00
45 3217.0202 8"SLD Pvmt Marking HAS(Y) 33 1723 LF 185 $ 4.00 $740.00
46 3213.0505 Barrier Free Ramp.Type M-3 32 1320 EA 1 $ 3.000.00 $3,000.0a
47 3441.4001 Furnish/Install Alum Sign Mast Arm Mount 3441 30 EA 3 $ 1,000.00 $3,000.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Forth Version September 1,2015 00-42-43_oak-grove-road-bid-proposal(1).xls
00 42 43
DAP-BID PROPOSAL
Page 5 of 9
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
Description Unit Price Bid Value
No. Section No. Measure Quantity
48 3213.0508 Barrier Free Ramp,Type C-1 32 13 20 EA 1 $ 2,500.00 $2,500.00
49 0135.0101 Railroad Coordination 01 3513 LS 1 $ 7,500.00 $7,500.00
50 0135.0102 Railroad Flagmen 01 3513 WD 30 $ 1,600.00 $45,000.00
51 3292.0100 Block Sod Placement 32 92 13 SY 7639 $ 6.00 $45,834.00
52 3213.0502 Barrier Free Ramp,Type U-11321320 EA 3 $ 5.500.00 $16 500.00
TOTAL UNIT IV: PRIVATE PAVING IMPROVEMENTS $1,283,876.50
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version September 1,2015 00-42-43_oak-grove-road-bid-proposal(1).xls
00 42 43
DAP-BID PROPOSAL
Page 6 of 9
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
No. Description Section No. Measure Quantity Unit Price Bid Value
UNIT V:PUBLIC PAVING IMPROVEMENTS
1 0241.1100 Remove Asphalt Pvmt 0241 15 SY 2,815 $ 8.00 $22,520.00
2 0241.1000 Remove Conc Pvmt 0241 15 SY 857 $ 22.00 $18,854.00
3 3305.0111 Valve Box Adjustment 33 05 14 EA 2 $ 1.000.00 $2.000.00
4 0241.0500 Remove Fence 0241 13 LF 487 $ 10.00 $4,870.00
5 3305.0106 Manhole Adjustment, Major 33 05 14 EA 4 $ 2.500.00 $10,000,00
6 3305.0108 Miscellaneous Structure Adjustment 33 05 14 EA 1 $ 4,500.00 $4,500.00
7 0241.3014 Remove 21"Storm Line 0241 14 EA 50 $ 28.00 $1,400.00
8 0241.4401 Remove Headwall/SET 0241 14 EA 3 $ 3,500.00 $10,500.00
9 3441.4110 Remove and Reinstall Sign Panel and Post 3441 30 EA 2 $ 1,000.00 $2.000.00
10 0241.0550 Remove Guardrail 0241 13 LF 10 $ 15.00 $150.00
11 3305.0110 Utility Markers 33 05 26 LS 1 $ 7,500.00 $7,500,00
12 0241.3019 Remove 36"Storm Line 0241 14 LF 66 $ 40.00 $2,640.00
13 3110.0101 Site Clearing 31 1000 LS 1 $ 25,000.00 $25,000,00
14 3471.0001 Traffic Control 3471 13 MO 18 $ 4,500.00 $81,000.00
15 3125.0101 SWPPP >_ 1 acre 31 25 UU LS 1 $ 20,000.00 $20,000.00
16 3213.0104 9"Conc Pvmt 32 13 13 SY 8,564 $ 62.00 $530,968.00
17 3213.0102 7"Conc Pvmt 32 13 13 SY 174 $ 52.00 $9,048.00
18 3212.0302 2"Asphalt Pvmt Type D 32 12 16 SY 27 $ 30.00 $810.00
19 3212.0501 4"Asphalt Base Type B 32 12 16 SY 27 $ 40.00 $1,080.00
20 3213.0301 4"Conc Sidewalk 32 13 20 SF 19,704 $ 6.00 $118,224.00
21 3211.0502 8"Lime Treatment 32 11 29 SY 9,066 $ 4.50 $40,797.00
22 3211.0401 Commercial Lime Slurry 32 11 29 TN 218 $ 190.00 $41,420.00
23 3291.0100 Topsoil(6") 3291 19 CY 8b7 $ 24.00 $20,8U8.00
24 3217.0003 4"BRK Pvmt Marking HAS(W) 32 17 23 LF 450 $ 2.00 $900.00
25 3217.0501 24"SLD Pvmt Marking HAE(W) 33 17 23 LF 331 $ 20.00 $6,620.00
26 3217.0201 8"SLID Pvmt Marking HAS(W) 32 17 23 LF 511 $ 4.00 $2.044.00
27 3217.2104 REFL Raised Marker TY II-C-R 32 17 23 EA 44 $ 6.00 $264.00
28 3217.1002 Lane Legend Arrow 32 17 23 EA 4 $ 450.00 $1,800.00
29 3217.1004 Lane Legend Only 32 17 23 EA 3 $ 450.00 $1,350.00
30 9999.0000 Pedestrian Guardrail TxDOT 450 LF 160 $ 160.00 $25,600.00
31 3123.0101 Unclassified Excavation by flan 31 2316 CY 10,904 $ 24.00 $261,696.00
32 0170.0100 Mobilization 01 7000 LS 1 $ 20,000.00 $20,000.00
33 3213.0506 Barrier Free Ramp,Type P-1 32 13 20 EA 2 $ 2,500.00 $5,000.00
34 3213.0508 Barrier Free Ramp,Type C-1 32 13 20 EA 1 $ 2,500.00 $2,500.00
35 3213.0502 Barrier Free Ramp,Type U-1 32 13 20 EA 1 $ 5,500.00
$5,500.00
36 3441.4001 Furnish/Install Alum Sign Mast Arm Mount 3441 30 EA 3 $ 1,000.00 $3,000.00
37 0135.0101 Railroad Coordination 01 3513 LS 1 $ 7,500.00 $7,500.00
38 0135.0102 Railroad Flagmen 01 3513 WD 60 $ 1,500.00 $90,000.00
39 3292.0100 Block Sod Placement 32 92 13 SY 5203 $ 15.00 $31,218.00
40 3292.0100 Block Sod Placement(Channel) 32 92 13 SY 6393 $ 6.50 $41,554,50
41 3232.0100 Conc Ret Wall Adjacent to Sidewalk 3232.01 SF 475 $ 30.00 $14,250.00
42 FWRR Insurance 00 00 00 LS 1 $ 8.500,00 $8,500.00
43 UP Insurance 1 0000 LS 1 $3,000.00 $3,000,00
44 FWRR Right of Entry 120000 LS I 1 1 $2 550.00 $2,550.00
TOTAL UNIT V: PUBLIC PAVING IMPROVEMENTS $1,510,935.50
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version September 1,2015 00-42-43_oak-grove-road-bid-proposal(1).x1s
00 42 43
DAP-BID PROPOSAL
Page 7 of 9
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
l�e.ceriptinn Unit price Bid Value
No. Section No. Measure Quantity
TOTAL UNIT VI: PRIVATE STREET LIGHTING IMPROVEMENTS
1 3441.3201 LED Lighting Fixture 344120 EA 12 $1,800.00 $21,600.00
2 3441.3302 Rdwy Illum Foundation TY 3,5,6,and 8 34 41 20 EA 6 $1.200.00 $7,200.00
3 3441.3352 Furnish/Install Rdway Ilium TY 18 Pole 34 41 2 EA 6 $2,000.00 $12,000.00
4 3441.1501 Ground Box Type B 3441 10 EA 1 $1,250,00 $1,250,00
5 2605.3015 2"CONDT PVC SCH 80(T) 26 05 33 LF 1320 $12.00 $15,840.00
6 3441.3404 2-2-2-4 Quadplex Alum Elec Conductor 34 41 20 LF 1320 $8.00 $10,560.00
7 3441A503 Ground Box Type 0,w/Apron 3441 1U EA 2 $2,000.00 $4,000.00
8 2605.3025 3"CONDT PVC SCH 80(T) 260633 LF 240 $16.00 $3.840.00
9 3441.1413 NO 6 Bare Elec Condr SLID 3441 10 LF 240 $4.00 $960.00
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 VI:PRIVATE STREET LIGHT IMPROVEMENTS $77,250,00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version September 1,2015 00-4243_oak-grove-road-bid-proposal(1).xls
00 42 43
DAP-BID PROPOSAL
Page 8 of 9
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
No. Description Section No. Measure Quantity Unit Price J3;d value
TOTAL UNIT VII:PUBLIC STREET LIGHTING IMPROVEMENTS
1 3441.3201 LED Lighting Fixture 3441 20 EA 16 $1,800.001 $28.800.00
2 3441.3302 Rdwy Illum Foundation TY 3,5,6,and 8 3441 20 EA 8 $1,200.00 $9.600.00
3 3441.3312 Contact Enclosure,Pad Mount 3441 20 EA 1 $9,500.00 $9,500.00
4 3441.3352 Furnish/Install Rdway Illum TY 18 Pole 3441 2 EA 8 $2,000.00 $16,000.00
5 2.605.3015 2"CONDT PVC SCH 80(T) 26 05 33 LF 1980 $12.00 $23,760.00
6 3441.34U4 2-2-2-4 Quadplex Alum Elec Conductor 34 41 20 LF 1980 $8.00 $15,840.00
7 3441.1503 Ground Box Type D,w/Apron 3441 10 EA 2 $2,000.00 $4,000.00
8 2605.3025 3"CONDT PVC SCH 80(T) 26 05 33 LF 360 $16.00 $5.760.00
9 3441.1413 NO 6 Bare Elec Condr SLD 3441 10 LF 360 $4.00 $1,440.00
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
46
47
TOTAL UNIT Vil:PUBLIC STREET LIGHT IMPROVEMENTS $114.700.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version September 1,2015 00-4243_oak-grave-road-bid-proposal(1).xls
00 42 43
DAP-BID PROPOSAL
Page 9 of
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
Description Unit Price Bid Value
No. Section No. Measure Quantity
Bid Summary
UNIT(:PRIVATE WATER IMPROVEMENTS $37,622.00
UNIT II: PRIVATE SANITARY SEWER IMPROVEMENTS $113,900.00
UNIT III: DRAINAGE IMPROVEMENTS $660,860.00
UNIT IV: PRIVATE PAVING IMPROVEMENTS $1,283,876.50
UNIT IV: PUBLIC PAVING IMPROVEMENTS $1,510,935.50
UNIT V: PRIVATE STREET LIGHTING IMPROVEMENTS $77,250.00
UNIT VI: PUBLIC STREET LIGHTING IMPROVEMENTS $114,700.00
Total Construction Bid $3,799,144.00
Total Private Bid $1,512,648.50
Total Public Bid $2,286,495.50
Contractor agrees to complete WORK for FINAL ACCEPTANCE within 275 working days after the date when the
CONTRACT commences to run as provided in the General Conditions.
END OF SECTION
By: 440!�V� _(Signature)
Brock Huggins (Printed Name)
Date: 3/5/2021
Title: President
Company: Conatser Construction TX, L.P.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCLNIENTS-DEVELOPER AWARDED PROJECTS
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M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FOR 1l
COUNCIL ACTION: Approved on 4/17/2018 - Ordinance Nos. 23185-04-2018 & 23186-04-2018,
DATE: 4/17/2018 REFERENCE **C-28660 LOG NAME:
061000 OAK GROVE RD CFA
NO.: WITH CITY PARTICIPATION
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of a Community Facilities Agreement with Rob Riner Companies GP,
LLC, in the Estimated Project Amount of$2,487,274.00 Including City Participation in an
Amount Not to Exceed $2,100,000.00 to Construct Oak Grove Road from Alta Mesa
Boulevard to Joel East Road and Adopt Appropriation Ordinances (COUNCIL DISTRICT 8)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached ordinance increasing appropriations in the Transportation Impact Fee Capital Legacy
Fund (39008), in the amount of$1,493,499.68, from available funds, for the purpose of making a transfer to
the Transportation Impact Fee Capital Fund (30108), to pay a portion of the City participation in the CDC
Oak Grove Expansion Project;
2. Adopt the attached ordinance increasing estimated receipts and appropriations in the Transportation
Impact Fee Capital Fund, in the amount of$2,100,000.00, from available funds including transferred
revenues, for the purpose of funding the CDC Oak Grove Expansion Project and reduce the fund balance in
the Service Area X Project (UN9926); and
3. Authorize the execution of a Community Facilities Agreement with Rob Riner Companies GP, LLC, in
the-estimated project amount of$2,487,274.GO, which includes City participation in an amount not to-
exceed $2,100,000.00 to construct Oak Grove Road from Alta Mesa Boulevard to Joel East Road.
DISCUSSION:
The purpose of this M&C is to authorize execution of a Community Facilities Agreement (CFA) with Rob
Riner Companies GP, LLC (Developer), the developer of the proposed Carter Distribution Center located
generally east of Oak Grove Road and north of Joel East Road, for the construction of the outstanding two
lanes of Oak Grove Road between Alta Mesa Boulevard and Joel East Road and to take financial actions
associated with funding the City participation in the project. The City will participate in the cost of the road
construction in order to have Oak Grove Road built out to its ultimate configuration through this area. The
table below reflects the delineation of construction costs and related fees between the developer and the
City.
Estimated Project Expenditures:
Project Component Developer's Cost City's Cost Total Cost
Construction $ 31,950 $ 2,100,000 $ 2,131,950
Design $ 355,324 $ 0 $ 355,324
TOTAL $ 387,274 11 $ 2,100,000 $ 2,487,274
These costs are based upon the engineer's estimate and are consistent with the City Council adopted 2017
Transportation Impact Fee Study (identified as projects X-16 and X-17). The project will be publicly bid.
FISCAL INFORMATION/CERTIFICATION:
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=25742&councildate=4/17/2018 5/21/2020
M&C Review Page 2 of 2
The Director of Finance certifies that upon the approval of the above recommendations and the adoption of
the attached appropriation ordinances, funds will be available in the current capital budget, as appropriated,
of the Transportation Impact Fee Capital Fund. Prior to an expenditure being incurred, the participating
department has the responsibility to validate the availability of funds.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID I ID I Year (Chartfield 2)
Submitted for City Manager's Office by: Jesus Chapa (5804)
Originating Department Head: Randle Harwood (6101)
Additional Information Contact: Julie Westerman (2677)
Janie Morales (7810)
ATTACHMENTS
061000 OAK GROVE RD CFA WITH CITY PARTICIPATION 30108 A018R.docx
061000 OAK GROVE RD CFA WITH CITY PARTICIPATION 39008 A018.docx
Form 1295 Cert. 2018-318114 Protect 101409.pdf
Oak Grove Rd Vi—cfnitV Mao.p
Oak Grove Road Probable Cost 02-21-18.pdf
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=25742&councildate=4/17/2018 5/21/2020