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HomeMy WebLinkAboutContract 45327 COMMUNITY .FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT Contract No. - WHERE AS, the undersigned Developer ("Developer") desires to make certaln, improvements Improvements") related to a project as described below ("PrQlect"), an addition to the City of Fort Worth, Texas ("City"); and WHEREAS, the Developer and the City desire to enter into this "Agreernent"' in connection with the frnp rove ments. D!evieloper Informafion., Developer Coiflpany Name.- D.R. Ulorton—Texas,Ltd. Address, State, Zip Code: 6751 North Freeway, Fort Worth Texas 76131 Phone, E-Mail,: (817)230- 0./ pal len((_idrhorton cotn Authorized Signatory/Title: Doti E. Allen, Assistant Secretary Pr 'ect Name& Description-, Water, Sewer, Draina.gfe Paving and Street Light Improvements to serve Emerald Park Phase 5 Project Location: North of Hawks, Landing Rd. & Ersebrook Ct. Plat Case No.: H-013-0,50 Plat Nat-ne: Emerald Park Phase 51 ..................................- Mapsco: 20N Council District: 7 City Project No: 021915 CFA: 2013-092 Di E. 7138 .......... To be cotnpletedbV stqff.- Received by,: Date: OFFICIAL RECORD , I aECEIVED JA� 2 CITY SECRETARY 1 'n rNw'i,v"w„ID,d�yY.,k 'wWYAiW!�tiridl,' �Y�V4'NWJ'IUWIOWlll FTv W'ORTH,TX NOW.,THEREFORE, KNOW ALL BY THESE PRESENTS: For and in consideration of the covenants and conditions contained herein, the City and the Developer do hereby agree as follows: General Requirements A. The Policy for the Installation of Community Facilities ("Pollcy") dated March, 2001, approved by the City Council of the City of it Worth and subsequently amended from time to tin-it via a Mayor and Council Communication adopted by the City Council of the City of Fort Worth, is hereby incorporated into this for Facilities Agreement ("CFA") as if copied herein verbatim. Developer agrees, to comply with all provisions of said Policy 'in the performance of its duties and obligations hereunder and to cause all contractors hired by Developer to comply with the Policy in connection with the work performed by said contractors. B. Developer shall, provide financial security in conformance with paragraph 6, Section 11, of the Policy and recognizes that there shall be no reduction in the collateral until the Project has been cornpleted and the City has officially accepted the infrastructure. Developer further acknowledges that said process requiresthe contractor to submit an Affidavit of Bills paid signed by its contractor and Consent of Surety signed by its surety to ensure the contractor has paid the sub-contract ►r and suppliers in full. Additionally, the contractor will provide in writing that the contractor has been paid in full for all the services provided, under this contract. C. Developer agrees to cause the construction of`'the improvements contemplated by this Agreement and that said construction shall be completed in a good and work.manlike manner and in accordance with all City standards and the Ci'tyw approved construction plans, specifications and cost estimates provided for the Pro ect and the exhibits attached hereto�., D. The fol,lowing checked exhibits are made a part hereof: Water (A) X Sewer (A-1) Pavi,ng (B), Storm Drain (B-1) X , Street Lights, & Signs (C) X . 2 E. The Developer shall award all contracts for the construction of comniuni,ty facilities in accordance with Section 11, paragraph 7 of the Policy and the contracts for the construction of the public infrastructure shall be administered In conformance with paragraph 8, Section 11, oaf the Policy. F. For all Infrasti"Licture included in this Agreement for which the Developer awards construction contrzict(s), Developer agrees to the following-, i. "Io employ a construction contractor who is approved by the director of the department having jurisdiction over the infrastructure to be constructed,, s id contractor to meet City's requirements I.' I I a or be*ng insured, licensed and bonded to do work in public streets and/or prequailfied to perform water/waste water construction as the case may be. ii. To require its contractor to furnish to the City a payment and performance bond in the names, of the City and, the, Developer for one hundred percent (100%) of the contract price f"the infrastructure, and a inaintenance bond in the name of the City for one hundred percent (I 00�%,) of the contract price of the infrastruct Lire for a period of two (2) years 'Insuring the maintenance and repair of the constructed infrastructure during the term of the maintenance bond. All bonds to be furnished before work is commenced and to meet the requirements of Chapter 2253, Texas, Gore gent Code. Hi. To require 'the contractor(s) it hires to perform the construction work contemplated herein to provide 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 shall be named as additional insured on all insurance required by said documents and same will be evidenced on the AC ED Certificate of ,Insurance supplied by the contractor's insurance provider and bound in the construction contract book., a To requ" iv. ire its contractor to give 48 hours notice to the City"'s Construction Services Division of intent to coinmence construction so that City inspection personnel will be available,; and to require the contractor to allow the construction to be su ect to inspection at any and all times by City inspection forces, and not to install or relocate any sanitary sewer,, storm drain, or water pipe unless a responsible City inspector is present and gives, his consent to proceed, and to make such laboratory tests of materials being used as may be required by the City. v. To require its contractor to 'have fully executed contract documents submitted to the City to schedule a Pre-Construction Meeting. The submittal should occur no less than 10 working days prior to the desired date of the meeting. No construction will coi-nmence without a City-issued Notice to Proceed to the Developer's contractor. vi., To delay con-nections of'buildings to service lines of sewer and water mains constructed under this Agreement until said sewer and water mains and service lines, have been completed to the sat istaction of the Water Department. G. Developer agrees to provide, at its expense, all engineering drawings and documents necessary, to construct the improvements required by this Agreement. H. Developer shall cause the installation or adjIustment of the required utilities to serve the development or to construct the improvements required herein,., T. City shall not be responsible for any costs that may be incurred by Developer in the relocation of any utilities that are or may be in confl ict with any of the community facilities to be 'Installed hereunder. J. Developer hereby releases and agrees to indemnify, defend and hold, the City harmless for any inadequacies in the prefirninary plans, specifications and cost estimates, supplied by the Developer for thi's, Agreement, K. Developer agrees to provide, at its expense, all necessary rights of way and easements across property owned by Developer and required for the construction of the current and future improvements provided for by this Agreement. I.... The Developer turther 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 on account of any iqjuries or damages sustained by any persons (including death) or to any property, resulting from or in connection with t: e construction, design, performance or conipletion of any work to be performed by said Developer, his contractors, subcontractors!, officers, agents or employees, or in consequence of any failure to properly safeguard the work, or on account of any act,, intentional or otherwise, neglect, or m1sconduct of said DEVELOPER, his contractors, sub-contractors, officers, agents or employees, whether or not such injuries, death or 0 it damages are caused, iti wnot9 e or 1' t, by the alleged nealigonce of the CtL oL Fort Worth-, its offlicers, servant.v, or eyiplo.Eee.,V, M. Developer will further 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 infrastructure contemplated herein, whether or not such i 11, the in ath e or damn are caused, in whole or in --part, b;E alleme,d nealigence of the Cjt of Fort Worth, its OiEicers, servaids, or eMpl.oyees. Further Developer will require its contractors to indemnify, and hold harmless the City for any losses, damages, costs or expenses suffered by the City or caused as a result. of said contractor's failure to complete the work and construct the 'improvements in a good and workmanlike manner, free from 5 , 4 -ormance with the Policy, and in accordance with all plans and defiects in confi I I spiecifications and shall cause to be executed and delivered to the City an indemnity agreement from such contractors on a form to be promulgated ley the city N. Upon completion of all work associated with the construction of the infrastructure and improvements, Developer will assign to 'the City a non- exclusive right to enforce the contracts entered into by the Developer with its I IN contractor along with an assignment of all warranties given by the contractor, whether express or implied. Further, Developer agrees that all contracts with any contractor shall include provisions, granting to the City the right to enforce such contracts as an express intended third party blenericiary of such contracts. 0. Inspection and material testing fees are required as, follows: I. Developer shall pay iti cash water and wastewater inspection fees and niaterial testing tees equal to two percent (2%) for a total, of 4% of the developer's share of the total construction cost as stated in the construction contract. ii. Developer shall pay in cash paving and stomi drain inspection fees equal to four percent (4%)l and material testing fees equal to two percent, (21%) for a total of 6% of the developer's share of the total construction cost as stated in the construction contract. iii. Developer shall pay in cash the total, cost of streetlights or 'if the city is not installing the streetlights, inspection fees equal to four percent (4%) of the developer's share of the streetlight, construction cost as stated in the construction contract. i.v. Developer shall, pay in cash the total cost, of street signs. P. COMPLETION WIT]1IN" 2 YEARS ligation I 1. The City's ob ' to participate (exclusive of froint foot charges) in -the cost of the community facilities shall terminate if the facilities are not completed within two (2) years; provided, however, if construction of' the community facilities has started within the two year period, the developer may request that the CFA be extended for one year. If the community facilities are not completed within such extension period, there will be no 6 t t I urther obligation of the it to participate. City participation in a CFA shall be sub* I I I I ject to the a,va*l,ab'].*ty of City funds and approval by the Fort Worth City Council. ii. Nothing Contained herein is intended to limit the Deve loper"ls obligations under the Policy, this Agreement, its financial guarantee,, 'Its agreement with its contractor or other related agreements. iii. The City may utilize the Developer's financial guarantee submitted for this Agreement to cause the completion, of the construction of the community facilities if at the end of two (2) years from the date of this Agreement the community facilities have not been conipleted and accepted. iv. The City may utilize the Developer's financal, guarantee to cause the completion or the construction of the, community facilities or to cause the payment of costs for coastruction of same before the expiration of two; (2) years, if'tfie Developer breaches this, Agreement, becomes, insolvent or falls to pay costs of construction and the financial guarantee is not a Completion lie Agreement. 'if the financial guarantee is a C m ompletion Agreeent and til Developer's contractors and/or suppliers are not paid for the costs of supplies and/or construction,, the contractors and/or suppliers, may put a lien upon the property which is the sub.ect of the Completion Agreement. j (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) 7 cost SUMI'I'lal-Y sheet Project N,ame.- Emerald Park Phase 5 CF No,: 2012-092 DOE No.,-, 7138 An, Engineer's Estimate of Probable Cost is accept e. However', the construction contract price w,ill ultimately determine the amount of CFA fees andl financial guarantee. 'rhe bid price and any additional CFA payments will be required prior to schedthing a pre-coinstruction meeting. An itemized estimate corresponding to each project-specific exhibit,is requ I ired to support the following informatilion. Items Devieloper's Cost A. Water and Sewer Construction 1. Water Construction $ 226P89&30 2.Sewer Construction $ 2491,185�00 Water and Sewer Construction Total $ 476,083.30 B. TPW Construction 1,Street $ 531,209.09 2,Storm Drain $1 17 7,21610-16 01 3,Stree!t Lights Installed by Developer S 48,,7'55,50 TPW Construction Cost Total $ 757,2125,19 "Total Construction Cost(excluding the fees):: $ Construction Fees: C. Water/Sewer Inspection Fee('2%,) $ 91521.67 D. Water/Sewer,Material Testing IFe e(2%) $ 9,,521.67 Sub-Total for Water Construction Fees $ 191,0143.33 E, TPW Inspection Fee(4%,) $ 28,338.79 F. TPW Material Testing(2%), $ 14,169,39 G, Street Light Inspection Cost $ 1,95,01,22 H. Street Signs Installation Cost $ 1,225.010 Sub-Total for TPW Constr iction Fees $ 45,683-401 Total Construction,Fees: $ 64,726.73 Choice Financial Guarantee Qptions,choose one Amount (ck one Bond=100% 1,233,308.49 Completion rnenit 100%/Holds Plat $ 1,2, 3,3t 8.49 Cash Escrow Watier/Sanitaa Sewer=125%, $ 595,1 14.1: Cash Escrow Paving lit orm Drain= 125%, $ 9461,531,49 Letter of Credit= 1 25%wl2 expiration eriold 1$ 1,541,635.61 IN TES TI_ ONY' WHERECIF, the City of Fort Woi-th has caUsed this instrument to be executed in quadrup1licate in its, noire and on its behalf"by its Assistant City Manager,, altest,ed by its City Secretary, with thle coil),orate sea] oft he City affixed, and s per has exe this illstrullflent in (jug(liruplicate, a,t Fort Worth, Texas this .................... day of 2 0 CITY OF FORT WORTH -Reconinietided bi�l- Water Department Transpoiliation & P'Liblic Works Department A Wendy ChipabUlal, EMBA, PI.E.. Douglas&I. Wiersig, RE Developmen ngincering Maiiager Director. Aj,?jv-(')VC111,611 tis to Fortn & L e g(l lilj�: App.roved (,"i i,,�Allcinqger's Qffice Dou w) gla Black Fernatido Costa Assistant City Attorney Assistant City Manager .1 t M&C No. --AIIAr Date-. Al"TEST: 40D 7 SIMI N Ya,r y it J« 4��3:y City Sec reta, "N ATTEST: DEVELOPER: 1p D.R. flot-ton—Texas, t3 l), a"I"exas,Lliiiited Partnersh* By: D.R. Hortoti, Inc., a Delaware Corporatfoll Its authorized agent Signature Signature (Print)Na'nie.- Mark Allen Print Name.- Doti Alilen Titl�e: Assistant Secretary OFFICIAL RECORD ID CITY SECRETARY FT.WORTH,TX 9 check items associate d with the project being undertaken, checked items int,ist be included as Attachments to this Agreement frichided Attachment Location Map Exhibit,A.- Water Improvements Water Estimate Exhibit A-1: Sewer Improvements Sewer Estimate Exhibit B: Paving Improvements Paving, Estimate Exhibit 13-f-. Storm Drain Improvements Storm Drain Estimate Exhibit C: Street Lights and Signs Iniprovements Street Lights and Signs Estimate (Remainder o`Page Intent ionally'Left Blank) 10 M' 71 I C 0 CL I PRR CA 48 P' RANCH ROAD z HASE 4A <r z AP I NO SC" Li 0 CA TI'ON MAP WUNCiL, FINAL PIA T' Ral EAfi2RAID PAM AND LOTS 6-25, BLOCK 2 BDNG 28. 159 ACRES OF LAND LOCATED IN THE HENRY ROBERTSON S A,-1259 C F FORT WORTH 07CM/D PERO TAANT COUNTY., T DR HORTONmwwTEXAS, DIMON 1RESIDENTIAL LOTS 1110 6751 NORTHI,q I � I "WAY FORT I 761311 . n&o (8117) 230��01800 0 11 4 intr PRELIA41NARY PLAT CASE NUMBER,,- PP-02-036 CONTACT. ALLEN' I P.E. CASE . CASE' NA ME: EMERALD PARK PHASE: I DA : 12.05.13 L iL mi PROJECT 1978-05-03 -EM-ERA -,PAR1'V' -PjHA S-E 5' mycoskle-,mcinnis-,�-associates Y.M M. SANCHEZ civil engi e rin ur,v ing landscape architecture ptanntng PLAT INFORMATION registration r uim!tt t�—7759,MAP CHECKED Y.- A. CA C VICINITY�" li 700 east alga arngton, texas 7601 817-469° 167'1 SHEET NO: OF 6 fax: 617 ,27'4 8757' wrwrwr.mmatexa9.Gam EMERALD PARK CC,j D21228J010 EXIS TINE . OPRTCT �M TER LINE df Ito 711F Jig 0 4 t Y �d� d M F •,' I w d , d 300 0 15'O s7sr„ ,,,rf 4 41 @ inch 300 ft. 4 41 is 4j J7 jz 40 rz �w y r d+"' 40 M y A y .w p z, 14 % , ✓ "1 �M f r m 0 !f� d' . X„J ly, r yyryry ff e f u µ o p � v , 11 r.. we r � r , r r 1 so ,r M N rd EMERALD ” " �� CAB. A, $W DES 10538-10, , o _.... PRTCT L EQE—N EXISTING 8 ti r w EXISTING WATER 0 ', SERVICE .... x' 45 WA M? LINE gyp. w a fr G E VALVE —CAB. A, SLIDE 129 TER LINE T EXISTING 8"" TER L 'E DA 7E: 12.05.13 m ml, ROE 1978-05—03 -ERA .L/ -1 .2-3-,RK ID A RjHA S-E 5 mycoskie-;,mci n nis associates, DRA WN 8 Y.- A4. SANCHEZ civil,enginee ring, surveying landscape architecture plamng WAmET-% e regWation numte f—2759 2 00 east abrmm EXHIjj,IT A,' arNington, texo3 760,10, 817 ,469- 67'1 SHEET NO.- 2 OF 6 fox: 817—,274-8757 www.mmate x a s.c0m EMERALD PARK CC D212283010 S TING r SAM TAR Y SEWER I P 4a ' 300 0 nn z w m — J k s w. y 1150 3010, 600 jj e x r F wGh ,. ,7Y Ao 44 1 inch 300 ft. 1, 9 Nr 1 e r. o N f s P N a:rn 04 i s. ?��s INa Y ° q r 1 y , A40 „a w i F a y i I 4 J a Zo jo �6 g d n n nY CIF yµ )y�v ..J � r �o n s n #17 a " to oo k r 7 t i s µ r a i , I r gym„ r fj to f , � off °p ,w XS TINE 5 �"h f n _ SANITARY EMERALD PAt LINE SEWER w � . . �� 1053 o ANn �y „ .w u EXISTING SANITARY � o R� t L a EX G SANITARY SWER MANHOLE E SER VICE .s r o,y � „ °, W. CONCRETE COLLAR I EXISTING 8" EMERALD PARK 8 SANITARY SEWER 9 � e �= A SUDE 129491 SANITARY SA KI TA R Y SEWER SER O C lom Xa� PR rC T SEWER LINE M! l r PROJECT 11978-05-03 -EM-CE-RALD PARK )E:W.AS_E i cos * ,„,,m innis,fi, a es engineering surveVingi tr Nini tbpe WASTEWATEN, u a w� number, 2 � EXHIBIT.......... �,� � 1 � air CHECKED Y: A. C SCO ”`1 m I P n 9 t o n, t C X 0 3 7 6 0 1 Q 1 7—4 6 9—1 671 SHEET NO.- '' OF 6 x: 817-274-8757 rw w w M M raxa , a GERALD PARK RTCT ,x n, r 4$ wn — E R r " M , y � "� � n.m' ,„✓' 1,10 �....., _..,_... �.. , M„ e f � v F'"` A R" r RAMP 300 0 150 300 600 -V4 20 , C w � n r inch 300 ft. " " r 40 Ap At 0 Nk i M �w j 5 40 P, {{ A: y rn W, 40 f a f .'k en X ;"'✓� iw�' vow r y d ifs YJ r. ry u 4 Y u t y TYPE R u RAMP" jy r 1, w ., / , to ",: it TYPE / , rAf — y�y w ..� '� oF' i y f � u " �N " 5 Wr. Z CAB. A.SLIDE" 10538-105i4 N� . .. 21 � PRTCT ,m " w its 7 LEGEND. " f — A AMEN T '�"" CON „ " " 5 R0 W EMERALD PARK ,r " CAB. A, SLIDE 12949 s P Y CI J PROJECT EM-ERA L R IYA S-E 5 mycoskie is,,;, 'ates . SA NCHEZ civil engineering surveying dand'saape architecture planning Iff"' tbpe registration number: 1' 27'59 ,'� A. CA SC' U t9 east a an r a CHECKED � I B I $P BI�� a r I I n g t o n, t e x a s 7 6 0 1 0 1 7 4 6 g 1 6 7 1 SHEET NO F 6 fox: 817-274—8757 www.m m at e xae.c or EMERALD PARK CCJ D21228301O RTC*' s .4 n w f ✓ ' Itoa+ a w.F 1111,.. f ,+ „r 4 �r a� 1 » 1111. � � 4 .. s fd M '�n ," Sw 11:11.,, .. 1111•' 300 0 150 300 600 J4 t F 1 i 300 INLE 7S k, S` 4 w t X2 RC _.. A I " M1 °.r.,. . � yr .w.. ti ,1111 o w 'Pit � 5"X5 SDA4H l r � X, 7 " C i& r 5'* CURB INLET f » �, jo ° ,r, 15 4 w , F ° it EX, � ' : 1 per•'" ..� C L VER T ,. J6 RCP 1111, 4m.. EX. R' p w � � � � � , 11.111. >» rf I rr zo .n �L„ ' CURB NL 1 ,,, .... ......... m 1 1111._ �f^ Iro w, XJ EMERALD AL PARS , CAR A,, SLIDES 10538-10539 30 RCP C�� ;,_ F 1 1111. _ .,m�......,.. "TCT 4 39 RCP M� r � CURB INLET ' » M; a LEGEND EX., 5X3' S�y� ' RC nw«v EMERALD PARS STORM SEWER LINE EX. 21" RCP I CAB. A. SLIDE 12949 ❑ STORM MA NHOL �' 5 } yµ S a✓ CURB INLET WNW PROJECT 1978-05-03 -EM-ERA LD R.ffA -E 5 m cookie ., cinnis,.�associates DRAWN 8 Y.• M. SANCHEZ civil engineering surveying landscape architecture planning S r"r%Im 11 F, RAINAG� �pe registration number. f- 7 200 ea.s1 aram 'EXHI'Im IV CHECKED 8Y.- Vii. CASCO -1 a r 1 11 ni 9 tpn, texas 7 6 0 1 ? 81 ?' -469 1 671 SHEET NO.- 5 OF 6 tax. 817-274-8757 www.rmmateXaa,cam EMERALD� R Cj D212283010 f TCT .f dr m � ^ z �. N , AhL jt r n so Jo a gym, w, r e o r Py x r mq 1 „r IV 3'O,O 0 150 300 600 j1p Ilr e , ff F ✓/ .ue lv�NV 4 r I � .N _.. inc 300 ft. 1 , " 4 , ^ N zi W r s 'top r � lip N •, m� 4t1 �'► a if G r, i is F 1 to wn r A v � N / r' 1 R F r r ,G r f } F i r f l ro r P: PP I ✓ o ° J to °� It t �,. V �`r, D4L' v / I i Ar �',. Aw 1 o I <s r. t zz EMERALD PARk i i CAB. A, SUDES 10538- 1 P75.3�'" PRTOT IN 7 LEGEND y SHEET NAME SIGN a .5 r � k r m STREET LIGHTS EMERALD PARK r AB.. ,A, SUDE 12949 TT EX. S TREE T NAME SIGNS EX. STREET LIGHTS VIM BONW ROM JW" a rY ^ �.� w�..r • �rww.wrw.wwwxxw.w, A 2.05.. 3 MA Ct PROJECT 1978-05-03 _E E L T—> R�ffA my,coskie,��r-mcinriis-,f�-,associate�s DRA WN B Y.- M. SANCHEZ mil engineering surveying landscape arch itectu(e plamng E G T� tbtas registration number- t—2'759 "� 2 0 D east a b r a m to CHECKED .` A C E 1 $PC C-1P1 arwin ton, texas 76010 8'17-46'9-1671 SH � N + tax; 1774-- 77 owww.mmatexa s.cam i d. SECTION OHO 4 BID FORM TO+ R Horton-Texas, LTC c/o Don Allen, P.E. 6751 Forth Freeway Fort Worth, TX Tarret County,TX 76131 FOR: Emerald Farb Phase 5 City Project No.- 0219 Units/Sections. Unit III:"mater Unit IIA Sanitary Sewer Unit :Storm Viewer 1 Enter Into Agreement The undersigned Bidder,proposes and agrees, if this Bid is e ted, to enter into an Agreement with the developer In the form included in the Bidding Documents to perform and furnish all''work as specified or indicbted in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance witty the otheir terms and conditions of the Contract Documents. k k N N 2. BIDDER Acknowiedgernents and Certification 2.1 In subm!itting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS,including without limitation those dealing with the disposition of Bid Bond. 2,2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 day's of notification of'award. 2,3 Bidder certifies that this Bid is genuine and not made in the interest of'or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization,or corporation. 2.4, Bidder has not directly or indirectly induced or solicited any other Bidder to subm it a false or sham Bid. 2,5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt,fraudulient,collusive,or coercive practices in competing for the Contract, For the purposes of this Paragraph- a, ""corrupt practice 04 means,the offering,giving,receiving,or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. 'Iraudulent practice"means an intentional misrepresentation of facts,made(a)to Influence tfie bidding process to the detriment of Developer(b to establish Bid prices at artificial non- competitive levels,or(c)to deprive Developer of the benefits of free and open competition. c. Acollusive Practice"means a scheme or arrangement between two or more Bidders,with of' without the knowledge of Developer,a purpose of which is to establish Bid prices at artificial', non-competitive levels. d, "coercive practice"'means harming or threatening to harm,directly o,r indirectly,persons or their property to influence their participation in the bidd:ing,process or affect the execution of the Contract. 3. Prequallification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. Water distribution,development,12"diameter and smaller b. Sewer collection system,development,8"'and smaller 4. Time of Completion 4.1 The Work will be complete for Final Acceptance within 90 days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder,accepts the provisions of the Agreement,as to liquidated damages in the event of failure to complete the Work (and/or achievement of Milestones)within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part,of this Bid: a. This Bid,Form,Section 00 4100 b. Proposal Form,, Section 010,42 43 c. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 dl. Prequaliification Statement, Section 00 45 12 e. Conflict of Interest Affidavit, Section 00 35 13 If necessary, CIQ or CIS forms are to be provided directlyv"'to City Secretary f. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 6.1 Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below,please enter the total bid amount for this project. 6.2 It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to vehfication and/or modifi cation by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 6,3, Total Bid $616313412;:90 7. Bid Submittal This Bid is submitted on by the entity named below. Receipt is acknowledged of Initial Res pectfully,sO itt d the following Addenda- Addendum No. 1 By Addendum No.2., Addendum No,3: Addendum No.4: (Printed Name) Title: Company:Burnsco Construction,Inc. Corporate Seal: Address. 6331 Southwest Blvd, Ben brook,TX 76132 State of Incorporation: m a &A E Phone: END OF SECTION SECTION 00 42 43 PROPOSAL FORM Emerald Park Phase 5 UNIT PRICE BID Bidder's Application Project Item Infiormation Biddees Proposal Bidicsi Item No Ekwnplion Specification Stmion No, Unit of.S-leastife Did Quantity Unit Price Bid Vatue Unit I:Water 1-01 3305,0109 Trench Safety 33 05 10 LF 4484 $0.0 $2,690,40 1-02 3311. 1 Ductile Iron Fittings w/Restraint 3311 11 TON 0.93 $8,760.00 $8,137.50 1-03 3311,0261 8"PVC Water Pipe 3311 12 LF 4484 $18.10 $81,160.40, 1.04 3312,00,01 Fire Hydrant 33 12 40 EA 5 $2.900-00 S145WOO 1-05 3312.0017 Connection to Existing 4"-12"Water Main 33 12 25 EA 3 $500.00 $1,500,00 1.06 31312.2003 1"Water Service 33 12 10 EA 1139 $740.00 $102,860.00 1-07 3312-3002 6"Gate Valve 33 12 20 EA 5 $81000 $4,050-00, 1-08 3312,3003 8"Gate Valve -----------------13,31220 EA 10 $1"200,00 $12,0010,00 UNIT I TOTAI, $1226,,89,8,30 Unit II.-Santry Sewer 2.01 3305,x!10$'Trench Safety 33 05 10 LF 4350 $1.0"0' $41,350,00 2-02 3331.310111 4"Sewer Service 3331 50 EA 139 $540.00 $75,060 00 3331.4115 8"'Sewer Pipe 33 1�1 10.33 31 12, 33 LF 2-03 4052 31,20, $23.00 $93,196.00, 2-04 3331,4116 8"Sewer Pipe,CSS BacKfill 33111 10,33 31 12,33 LF 298 3120 $30.50 $9,01819.00 2.05 3339,0001 Epoxy Manhole Liner 33 39 60 VF Al $185-010, $ZQ-4'QQ 1 2-06 X3339.1001 41'Manbole(Lip'toVdepth) 33 39 10,33 39 20 EA 25 $2,200.00 $55.000z0 2-07 13339.1003 4'Extra Depth Manhole 33 3910"33 39 20, VF 42 $100.00 $4,200.00 2-08 19999,0001 Connect to existing EA $300.00 Wp.qp" 2-09 19999.0002 TV In ction LF 4350 $1.301 tJNIT It TOTAL $249185,00 Unit V.Stom Drain 5-01 01241.44011 Remove HeadwaiIISET 0241 14 E, 1. $1.000m $11,0010.00 5-02 3305.0109 Trench Safety 33 05 10 LF 412 $0,50 $466.00 51-03 3305,0112 Concrete Collar 33 05 17" � 3 $500.00 $11500,0-0 5-04 3341.0302 30"RCR Class 111 3341 10 LF 78 $62,00 $4,836,00 5-05 3341 n0309 36"RCP,Class 111 3341 10 LF 60 $80,00 $41800.00 5-06 3341.0312 39""RCP,Class 111 3341 10 LF 141 $95.401 $13,451.40 5-07 3341,1}01 TxZ RCB 3341 10 LF 22 $119.00 $2f618,O0 5-08 330.1101 02"RCB 3341 10 LF 184 $13900 $25,576«00 5-09 33411102'4'x3RCB 33,41 10 LF 1010 15 010 $15,900,00 5-10, 33491.1201 5x3*'RCB 33,4910 EA 327 187.60 561,345,20 5-11 3349.0002, 51 Storm Junction Box 33 49 10 EA 1 3,450.00 $3.4%00 5-12 3349.5,002 15"Curb Inlet 334920 EA 6 3,700,00 $22,,200.00 5-13, 0241.0100 Remove Sidewalk 0241 13 SF 393 1.010 $353,00 5-14 3211030114"'Concrete Sidewalk 32 13 20 ,SF 393 5.010 $1.965.00 5-15 99991.00017 Connect to existing RCB EA 2 500.010 $1,000.00 5-16 9999.0008 Demo and extend existing headwall EA 1 4,6,00,0► $4,600.00 5-17 9999.0009 Grout and abandon pipe in place LS 11 1,500.00 si. Koo. 5-18 9999,0010 Remove&Replace Conc.Pavement S Y 03 90.00 $7,470,00 5-19 919,9 ,0011 Connect to Existing Curb Inlet EA 2 250,00 $500.0101 999-9.00112 Parmove Sediment&Regrade Ex,Eischar,ge 5-�20 LS Channel 1 1,700,001: 51-21 9999,0013 Re-stripe New PortJon of IParking Lot 1,000.00 $1,"600,60 LJNIT V'r()'rAL $177,260,60 SUMMARY [)NIT rtvrAt. $226,898-30 I.1 SIT I I'r OTA 1, $249,185.00 (,','Nl'f v To:'rA L $1770.260.601 TOTAL,BID $653,343.90 END OF SF(-7f ION SECTION 00 41 00 BID FORM TO.- D.R.Horton-Texas, LTD c/o Don Allen,Pi.E. 6751 North Freeway Fort Wortht TX Tarrat C,ou nty,TX 76,131 FOR: Emerald Park Phase 5 City Project No.: 02195 UnitsfSections: Unit III- 'avin 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid: is accepted, to enter into an Agreement with the developer in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents,. 2. 131DDER Acknowiedgements a,nd Certification 2.1,. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and I NSTRUCTIONS TO BIDDERS,incAuding without limi�tation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, assodabon, organization,or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sharn Bid. 2.5. Bidder has not solicited,or induced,any individual or entity to refrain from,bidding, 2.6, Bidder has not engaiged,in corrupt,fraudulent,collusive,or coercive practices in competing for the Contract. For the purposes of this Paragraph: a, "'corrupt practice"means the offering,giving,receiving,or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice"means an intentional misrepresentation of facts made(a)to influence the bidding process to the detriment of Developer(b)to establish Bid prices at artificial non- competitive levels,or(c)to deprive Developer of the,benefits of free and open,competition., c. "collusive practice""'means a scheme or arrangement between two or more Bidders,,with or, without the knowledge of Developer,a purpose of whilch,is to establish Bid prices at artificial, non-competitive levels. d. t1colercive practice"means harming or threatening to harm,directly,or indirectly,persons or their property to influence their participation in the bidding process or affect the execution of the Contract, 3. Pre qualification The Bidder acknowledges that the following work types must be performed only by pre qualified contractors and subcontractors: A. Concrete paving constructiontreconstruction, (10,000 SY and greater) 4. Time of Completion 4,1. The Work will be complete for Final Acceptance within 35 days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 114k.!p 1"Sev. e40,611A T- !$ r- Oerv$Le k A-� 11WIA., 4.2. Bidder accepts the provisions of the A,gireement as to liquidated damages in t 'event of failure to complete the Work (and/or achievement of Milestones)within the times specified in the Agreement. 5. Attached to this Bid 'rhe following documents are attached to and made a part of this Bid* a. This Bid Form, Section 00 4100 b. Proposal Form,, Section 00,42 43 Cviot9A**1-f Lrcx �5PP414k eoov*4 no# IA%t c. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 d. pr qualification Statement,Section 00 45 12 e. Conflict of Interest Affidavit,Section 00,35 13 *If necessary, CIQ or CIS forms are to be provided directly to City Secretary f. Any additional,documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. Ira the space provided below, please enter the total bid amount for this project. 6.2. It is understood and agreed,by the Bidder in signing this proposal that the total,bid amount entered below is subject tO, I verification andJor modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 6,3. Total Bid" $5,31,209.,09 7. BIB Sui'IN This is submitted e t na Now. Receipt Is ack nowledged of Initial ec N following Addendum No. Addenclum,No.2. Addendum No, Addendum No,4- (Printed Name Title'. Company:L.H.Lai Company, LTD Corporate Seal. '� �: 1 n Road Dallas,TX 75234 Stag Incorporation: Phone., 7 END F SECTION SECTION 00 42 43 PROPOSAL FORM Emerald Park Phase 5 UNIT PRICE BID Bidder's Application Project It nt In fonnat.ion Aiddoes Proposal Hidbst Itelf)No. Description Specificalion Section No. Unit of Mcasure Bid Quantity Unit Price Bid,Value Unit ­6T 3-011 321l.040o HY TN 1 13&81 0�ated LLMe L 32 11 29 32 3-0,2 3211,0501 6*Lime Treatment 32 11 29 SY 178531 $Zt4 li i65.42 3-03 3213-0103, 6"'Cone PvMt 32 13 13 S 167'40 $X10 $436,914.00 3-04 3213.01501 Barrier Free Ram e,Ty`pe R-1 32 13 20 EA 10, $974,67 $9,1746.70 3-05 9999.0002 Remove Exist Bardcade EA 4 $106-50, $426.0,01 3-06 96 .0003 Conn!ect t 0 ex lstin _Trent ent heade r E 4 $339,74 $1,3,".96 Tot.*I Bid ; 531,249.09 SECTION 00 41 00 BID FORM T 0; .Horlon-Texas$LSD rJo,Don Allen,P.,E. 6751 North,Freeway Fort Worth,TX Tarrat County,TX 76131 FOR: Emerald Park Phase 5 City Project,NO.: 02195 UnitslSecflons: Unit W.Street Li his 1. Enter Into Agreement 'The undersigned Bidder proposes and agrees,if this Bid is accepteldl,W enterlinto an Agreement with the developer in the form: incJuded in the Bidding Docurneints, to perform and furnish aff Work as sped"ified or indicated in,the Contratt Documents,for tyre Old P14ce and within the Contract 11me indicated in this Bid and In accordance with the other terms and conditions of the C acit Documents. 2. BIDDER Acknowled-gemanate and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and condiflons, of the INVITMION TO BIDDERS and INSTRUCTIONS TO BIDDERS,including without limitation those dealing ith the disposition:of Bid Bond, 2.2. Bidder Is aware of all costs to provide the required insurance, will do so pending contract award, and wi'll provide a validinsurance ceftificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies ftt this Bid is gent inn and not made in the 'interest of or on behalf of any undiscAos,e*d individual or erg tfty and Is not submitted in conformity with,any collusive agreement or rules of any group, associatioti,Organization, or corporation. 2A, Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid.. Z& Bidder has not solicited or induced any individual or entity to refrain from bidding. Z6. Bidder has not engaged In corrupt,fraudulent,colllusive,or coercive practices in competing for the Contract. For the purposes of this Paragraph: I a, "corrupt practice"means the offering,giving,receiving,,or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b, 1raudulent prac0ce"means an Intentional misrepresentation of facts made(a)to influence the bidding process to the detriment of Developer(b)to establish Bird'prices at anti fidial non- competitive levels,or(c)to deprive Developer of the,benefits,of free and open:competibon. c. "collusive practice""means a scheme or arrangement be e6h two or more Bidders,with or wittiout the knowledge of Developer,a purpose of which is to establish Bid prices at artificial, nort-compefitive levels. d. ""coercive practicelf means harming or threatening,to harm,directly or Indirectly,persons or their property to influence, their participation in the bidding process or affect the execution of the Contra(A. 3. Prequallfication The Bidder acknowledges that the folloVAing work types must be performed only by prequalifi ed contractors and sub n tractors: a. Roadway and pedestrian lightning 4. Dmo of Complotion 4.1, The Work will be complete for Final Acceptance within 21 days after the date when the the Contract T'ime commences to run as provided in Paragraph Z03 of the General Conditions. 4-2- Bidder accepts,ft provisions of the Ag rasa entas to liquidated damages in the event of failure to Complete the, Work(and/or achievement of Milesto nes Mitt in the for e: specified in the Agreement. S. Attached to this Bid The!following doruments are attactied to and m ado a part of this Bid: & This Bid Form,Section 00,4100 b. Proposal Fora,Section 00 42 4 3 c. Vendor Comphante to State Law Non Resident Bidder,Section 00,43 37 d. Prequalifficatort Staternen�Section 00 45 12 e, Conflict of Interest Affidavit,Section 00 35 13 `411"necessary,Cl Q or CIS-forms are to be provided directly to City Secretary f. Any additional documents,that may be required by Section 12 of the Instructions,to Bidders 6. Total Bid Amount 6.1. BWer will corng,Plate the Work in accordance with the Contract Docurnents for the following bid amount In the space provided below,please, enter the total bid amount for this projW. 6.2. It is understood and agreed by,Ithe Bidder in signing this proposal that the total bid arnount entered below is subject, t,i to verification andlor modification by mul ptying,the unit bid prices for each pay itern by the respective estimated quantities shown in this proposal and then,totaling all of the extended arnounts. 6.3. Total Bid' 7. Bid Submittal This Bid is submitted M by the entity named below. Receipt is, acknowledged of 'i Respectfully su Fthe foHowing Addendam." Addend'urn No. 1 "el Addendum No. Y Addendum No.3: Ice. Addendum No.4: (Printed Name) Title: Company:tnda a ndent Ut Construction,Inc. Corporate Seal; Address: 5109 Sun Valley Drive Poet Wroth,TX 76119 State ot Incorporation: "WA Email* Phone: END OF SECTION SECTION 00 42 43 PROPOSAL,FORM Emerald Park Phase 5 UNIT PRICE BID gid er`s Application 11'W"fill km N. sp4cifloliol Swim No, Vok a(Mmuo OW Qmomiq unit H", Dili V" ("pit IV:street 40 441.31 'l I 0WHP CS U t n Fixfw, 4412, A 1 $9042..W 0 402 3301 . 4 3441,20 EA $16,,282.00 4.03 9"S.0004 r Sch 80 PVC C4MW 0) 260633 LF 36.01 $5,10&SO 19,1999100016#1 O!XHI-fW CtfoducW 344120 LF 26bb............ 4-06 9,09,9.0006,Fullmii ta4 0-25 Str PO' 344120 ........... END OF S'Ecn()N