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Contract 47713
CITY SECRUARY CONTRACT No. Developer and Project Information Cover Sheet: Developer Company Name: Wilbow-Morningstar Development Corporation Address, State,Zip Code: 4131 n. Central Expressway, Suite 990,Lockbox 13,Dallas,TX 75204 Phone&Email: 817-235-5270,jrabon@wilbowusa.com Authorized Signatory,Title: Jennifer Rabon Project Name and Brief Morningstar Section 10 Phase 2 Description: Project Location: FM 3325 Parker County Plat Case Number: FP-15-079 Plat Name: Morningstar Development Section 10 Phase 2 Mapsco: 760-D Council District: NA City Project Number: 02745 CFA Number: 2016-006 DOE Number: None To be completed by staff Received by: Date: f l 01 8 9107 )00/,--, OFFICIAL RECOR® CITY SECRETARY �i °y;,or City of Fort Worth,Texas _rX �M ,�e z, Standard Community Facilities Agreement FTS WORTH, , CFA Official Release Date: 07.30.2015 Page 1 of 11 9 STANDARD COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. WHEREAS, Wilbow-Morningstar Development Corporation , ("Developer"), desires to make certain specific improvements as described below and on the exhibits attached hereto ("Improvements") related to a project generally described as Morningstar Section 10 Phase 2 ("Project") within the City or the extraterritorial jurisdiction of Fort Worth, Texas ("City"); and WHEREAS, the City has no obligation to participate in the cost of the Improvements or Project; and WHEREAS, any future City participation in this CFA is subject to the availability of City funds and approval by the Fort Worth City Council and shall be memorialized as an amendment to this Agreement; and WHEREAS, the Developer and the City desire to enter into this Community Facilities Agreement ("CFA" or "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: General Requirements A. The Policy for the Installation of Community Facilities ("Policy") dated March 2001, approved by the City Council of the City of Fort Worth, as amended, is hereby incorporated into this Agreement 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 1I, of the Policy and recognizes that there shall be no reduction in the collateral until the Project has been completed and the City has officially accepted the Improvements. Developer further acknowledges that said acceptance process requires the Developer's contractor(s) City of Fort Worth,Texas Standard Community Facilities Agreement CFA Official Release Date: 07.30.2015 Page 2 of 11 to submit a signed affidavit of bills paid and consent of Surety signed by its surety to ensure the contractor has paid any sub-contractor(s) and suppliers in full. Additionally, the contractor will provide in writing that the contractor has been paid in full by Developer 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 workmanlike manner and in accordance with all City standards and the City-approved construction plans, specifications and cost estimates provided for the Project and the exhibits attached hereto. D. The following checked exhibits describe the Improvements and are incorporated herein: Water (A) ®, Sewer (A-1) 01, Paving (B) ® Storm Drain (B-1) Di, Street Lights & Signs (C) M. E. The Developer shall award all contracts for the construction of the Improvements in accordance with Section II, paragraph 7 of the Policy and the contracts shall be administered in conformance with paragraph 8, Section II, of the Policy. Developer shall ensure its contractor(s)pays the then-current City-established wage rates. F. For all Improvements included in this Agreement for which the Developer awards construction contract(s), Developer agrees to the following: i. To employ a construction contractor who is approved by the director of the department having jurisdiction over the infiastructure to be constructed, said contractor to meet City's requirements for being prequalified, insured, licensed and bonded to do work in public ways and/or prequalified to perform water/wastewater 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 of the infrastructure, and a maintenance bond in the name of the City for one hundred percent (100%) of the contract price of the infrastructure for a period of two (2) years from the date of final acceptance insuring the maintenance and repair of the constructed infrastructure during the term of the City of Fort Worth,Texas Standard Community Facilities Agreement CFA Official Release Date: 07.30.2015 Page 3 of 11 maintenance bond. All bonds to be furnished before work is commenced and to meet the requirements of Chapter 2253, Texas Government Code. iii. 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 of the infrastructure, and a maintenance bond in the name of the City for one hundred percent (100%) of the contract price of the infrastructure for a period of two (2) years from the date of final acceptance 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 Government Code. iv. To require its contractor to give 48 hours advance notice of intent to commence construction to the City's Construction Services Division so that City inspection personnel will be available; to require the contractor to allow the construction to be subject to inspection at any and all times by City inspection forces, to not 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 in order 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 commence without a City-issued Notice to Proceed to the Developer's contractor. vi. To delay connections of buildings to service lines of sewer and water mains constructed under this Agreement, if any, until said sewer and water mains and service lines have been completed to the satisfaction of the Water Department. G. Developer shall provide at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to construct the improvements under this Agreement. H. Developer shall cause the installation or adjustment of the required utilities to serve the development or to construct the Improvements required herein. City of Fort Worth,Texas Standard Community Facilities Agreement CFA Official Release Date: 07.30.2015 Page 4 of 11 I. 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 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 preliminary plans, specifications and cost estimates supplied by the Developer for this 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. L. The Developer further 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 injuries or damages sustained by any persons (including death) or to any property, resulting from or in connection with the construction, design, performance or completion of any work to be performed by said Developer, its contractors, subcontractors, officers, agents or employees, or in consequence of any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of said Developer, its contractors, sub-contractors, officers, agents or employees, whether or not such injuries, death or damages are caused, in whole or in part, by the alleged negligence of the City of Fort Worth, its officers, servants, or employees. 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 injuries, death or damages are caused, in whole or in part, by the alleged negligence of the City of Fort Worth, its officers, servants, or employees. Further, Developer will require its contractors to indemnify, 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 City of Fort Worth,Texas Standard Community Facilities Agreement CFA Official Release Date: 07.30.2015 Page 5 of 11 construct the improvements in a good and workmanlike manner, free from defects, in conformance with the Policy, and in accordance with all plans and specifications. N. 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 the Developer with its 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 beneficiary of such contracts. O. Inspection and material testing fees are required as follows: i. Developer shall pay in cash water and wastewater inspection fees and material testing fees 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 storm drain inspection fees equal to four percent (4%) and material testing fees equal to two percent (2%) 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. iv. Developer shall pay in cash the total cost of street signs. P. COMPLETION WITHIN 2 YEARS i. Developer shall complete the Improvements within two (2) years, provided, however, if construction of the Improvements has started within the two year period, the developer may request that the CFA be extended for one additional year. ii. Nothing contained herein is intended to limit the Developer's 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 Improvements if at City of Fort Worth,Texas Standard Community Facilities Agreement CFA Official Release Date: 07.30.2015 Page 6 of 11 the end of two (2) years from the date of this Agreement (and any extension period)the Improvements have not been completed and accepted. iv. 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 same before the expiration of two (2) years if the Developer breaches this Agreement, becomes insolvent or fails to pay costs of construction and the financial guarantee is not a Completion Agreement. If the financial guarantee is a Completion Agreement and the 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 subject of the Completion Agreement. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) City of Fort Worth,Texas Standard Community Facilities Agreement CFA Official Release Date: 07.30.2015 Page 7 of 11 Cost Summary Sheet Project Name: Morningstar Section 10 Phase 2 CFA No.: 2016-006 DOE No.: None An Engineer's Estimate of Probable Cost is acceptable. However, the construction contract price will ultimately determine the amount of CFA fees and financial guarantee. The bid price and any additional CFA payments will be required prior to scheduling a pre-construction meeting. An itemized estimate corresponding to each project-specific exhibit is required to support the following information. Items Developer's Cost A. Water and Sewer Construction 1. Water Construction $ 100,001.60 2.Sewer Construction $ 90,802.41 Water and Sewer Construction Total $ 190,804.01 B. TPW Construction 1.Street $ 317,459.60 2.Storm Drain $ 133,002.00 3.Street Lights Installed by Developer $ 32,248.30 4. Signals $ - TPW Construction Cost Total $ 482,709.90 Total Construction Cost(excluding the fees): $ 673,513.91 Construction Fees: C. Water/Sewer Inspection Fee(2%) $ 3,816.08 D. Water/Sewer Material Testing Fee(2%) $ 3,816.08 Sub-Total for Water Construction Fees $ 7,632.16 E. TPW Inspection Fee(4%) $ 18,018.46 F. TPW Material Testing(2%) $ 9,009.23 G. Street Light Inspsection Cost $ 1,289.93 H. Signals Inspection Cost $ - H. Street Signs Installation Cost $ - Sub-Total for TPW Construction Fees $ 28,317.63 Total Construction Fees: $ 35,949.79 Choice Financial Guarantee Options,choose one Amount Mark one Bond=100% $ 673,513.91 Completion Agreement=100%/Holds Plat $ 673,513.91 X Cash Escrow Water/Sanitary Sewer=125% $ 238,505.01 Cash Escrow Paving/Storm Drain=125% $ 603,387.38 Letter of Credit= 125%w/2yr expiration period $ 841,892.39 City of Fort Worth,Texas Standard Community Facilities Agreement CFA Official Release Date: 07.30.2015 Page 8 of 11 ACCORDINGLY,the City of Fort Worth and Developer have each caused this instrument to be executed in quadruplicate in each entity's respective name by its duly authorized signatories effective as of the date executed by the City's City Manager or his/her designee. CITY OF FORT WORTH DEVELOPER Wilbow Morningstar Development Corporation Jesus J. Chapa Assistant City Manager NamV Nam . Jennifer Rabon __. Title: Vice President of Development Date: '� Date: I 0 �& Recommended by: ATTEST: (Only if required by Developer) Z,)�,Z�� - L I.—k Wendy Chi-B bulal, EMBA,P.E. Development Engineering Manager Signature Water Department Name: �Gz( Doug rsig, P.E. v Direc � F� ' Transpo ation&Public Works Department Approved as to Form &Legality: ATTEST: AS $ 8 y %"��OCs;00D4 Q, A (rvc� Mary J. K Assistant City Attorney City Secretary M&C No. r/e- Date: 412,0114 F�-,^ 121 N/4-- OFFICIAL RECORD CITY SECRETARY X wo,R'Tli, TX City of Fort Worth,Texas _ Standard Community Facilities Agreement CFA Official Release Date: 07.30.2015 Page 9 of 11 Check items associated with the project being undertaken; checked items must be included as Attachments to this Agreement Included Attachment ® Attachment 1 - Changes to Standard Community Facilities Agreement FX1' Location Map ©I Exhibit A: Water Improvments FR Water Cost Estimate ©; Exhibit A-1: Sewer Improvements ❑X! Sewer Cost Estimate ....._.... DX Exhibit B: Paving Improvements FM Paving Cost Estimate nXXExhibit B-1: Storm Drain Improvements F? Storm Drain Cost Estimate Exhibit C: Sheet Lights and Signs Improvements ® Street Lights and Signs Cost Estimate (Remainder of Page Intentionally Left Blank) City of Fort Worth,Texas Standard Community Facilities Agreement CFA Official Release Date: 07.30.2015 Page 10 of 11 ATTACHMENT"I" Changes to Standard Agreement Community Facilities Agreement City Project No. 02745 None City of Fort Worth,Texas Standard Community Facilities Agreement CFA Official Release Date: 07.30.2015 Page 11 of 11 0,4k S ARE L 0 CA TION MORNING MIST TR. < Pys E's INDIGO SKY DR. N.T.S. LD WEATHERFORD pATMRsCPN- OLD WEATHERFORD — CH PIN 1187 2 3 8 MA YS Underw8o—d Cemetery--' UNION 20 ,A/LEDO -\e Z Of < of 7F UIINION PAC' IC LOCATION MAP WATER NO. P265-600150274583 SANITARY SEWER NO, P275-700130274583 MORNINGSTAR STREET/STORM DRAIN NO. W-2371 CITY PROJECT NO. 02745 SECTION 10, PHASE 2 X-23367 -WEECH ]ENPINEERIN0, I NC. CONSUL TING ENGINEERS l 1� K si t%d v j EXIST 811v t j F PROP. 8"W ➢-i , � j �f ,r i 1 �9 Z I i PROP. '--- PROP 8'%V . E:t'IST. 72"W IJ ` PROP. 8"W ` PROP.,B"W rn f PROP. 8"WAl i Il i" 100% DEVELOPER'S COST +04 8" WATER LINES, FIRE HYDRANTS, GATE VALVES AND ASSOCIATED APPURTENANCES SCALE: 1"=300' EXHIBIT 9$A99 WATER NO. P265-600150274583 WATER IMPROVEMENTS SANITARY SEWER NO. P275-700130274583 MORNINGSTAR STREET/STORM DRAIN NO. W-2371 CITY PROJECT N0, 02745 SECTION 10, PHASE 2 X-23367 WELCH ENo1NEERIl%-TG, I NC. CONSULTING ENGINEERS f r i4 ..- _ ril l I I � I ;, CHIPW00 PROP. a SS -, ______ -•--,_._ ---=�'=-..� .... __ lit „ 0 1I PRo s PROP. ~st"55`-f(s. 8"ss � Ft i f " PROP. 8"SS PROP. 8"SS f, 100% DEVELOPER'S COST --� 8" SANITARY SEWER LINES AND ASSOCIATED APPURTENANCES SCALE: 1"=300' EXHIBIT 9$A- 9yx^1 99 WATER NO. P265-600150274583 SANITARY SEWER IMPROVEMENTS SANITARY SEWER NO. P275-700130274583 MORNINGSTAR STREET/STORM DRAIN NO. W-2371 CITY PROJECT NO. 02745 SECTION 10, PHASE 2 X-23367 BELCH ENGINEERR*--T0, I NC. CONSUL TING ENGINEERS gypAl r\\laGR6 u� f . rn CHIPWOOD DR! 150' 29'g_g rn N ` .--37' g—g fid �•,'F f,. t. 4 0•r� r.l �Q I 1 ` 100% DEVELOPER'S COST 6" PAVEMENT W/2% CROSS SLOPE ON 6" LIME SUBGRADE 100% DEVELOPER'S COST ® 7.5" PAVEMENT W/2% CROSS SLOPE ON 8" LIME SUBGRADE SCALE: 1"=300' EXHIBIT "B" WATER NO. P265-60150274583 PAVING IMPROVEMENTS SANITARY SEWER NO.P275 700130274583 M ORN I N GSTAR STREET/STORM DRAIN NO. W-2371 CITY PROJECT NO. 02745 SECTION 10, PHASE 2 X-23367 WELCH ENCSINEER]pqa, INC. COAISUL TING ENGINEERS 3 �-^ 1„ i EX 30'RCP 4 - 30"RCP CHIP`W 'f pl b r l f m _ - _ 1 �. Z- -71-20` �,30"RCP ' '=T_. ? RRCP l p 24"RCP 20 I 20 f f i ;24"RCP £X J6"RCP {{ 30 RCP 30"RCP •t i 10', 15, OR 20' INLET--\ 100% DEVELOPER'S COST STORM SEWER AND INLET AND ASSOCIATED APPURTENANCES SCALE: 1"=300' EXHIBIT "B-.199 WATER 583 STORM DRAIN IMPROVEMENTS SAN TARYOSEWER NO�P27574700130274583 MORNINGSTAR STREET/STORM DRAIN NO. W-2371 SECTION 10, PHASE 2 X 233g� JECT N0. 02745 WELCH ENGIlNEEPWN40, I NC. CONSUL TING ENGINEERS NO / rn `�....�� CHIP, OD D 2 f f� -- PROPOSED STREET LIGHT (1007. DEVELOPER'S COST) ,A -- PROPOSED STREET SIGN (100% DEVELOPER'S COST) ■ -- PROPOSED GROUND BOX (100% DEVELOPER'S COST) SCALE: 1"=300' EXHIBIT STREET LIGHTS WATER NO. P265-600150274583 SANITARY SEWER NO. P275-700130274583 MORNINGSTAR STREET/STORM DRAIN NO. W-2371 SECTION 10, PHASE 2 CITY PROJECT NO. 02745 X-23367 WELCH ENGINEER W0, I NC. CONSUL T/NG ENGINEE I?S 004243 UAP-BIDPROPOSAL Page 1 oP6 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM CONTRACT 10122/2015 MORNINGSTAR-SECTION 10,P11ASE 2 UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item No Description Specification Unit of Bid 1 Section No. Measure Quantity Unit Price Bid Value UNIT I:WATER IMPROVEMENTS 331 1,0161 6"Water Pipe 1 33 11 12 LF 20 $26.0 5520.0 331 1,0261 8"!'Fater Pipe 1 33 11 12 LF 1,794 $29.0 $52,026.0 3312.3002 6"Gate Valve 33 1220 EA 2 $840.0 $1,680.0 3312.3003 8"Gate Valve 33 1220 EA 9 $950.0 $8,550.0 3312.01 12 Connect.to Existing 8"Water Main 33 1225 EA 3 $700.Oq $2,100.0 33120001 l=ire Hydrant 33 1240 EA 2 $3,400.0 $6,800.0 3311.0001 Ductile Iron Water Fittings 33 1 111 TON 1.5 $5,400.0q $8,100.0 3305 0109 Trench Saten- 3305 10 LF 1,814 $0.401 $725.6 3312.2003 1"Water Scn ice 33 12 10 EA 25 $780A $I9,500.0t TOTAL UNIT I:WATER IMPROVEMENTS $100,001.60 CITY OF FORT woRiii STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Foot Version April 2,2014 00 42 43-CONTRACT-DAP MORNINGSTAR-SECTIO`10 PHASE 2-201336X2.10-222-15 004243 DAP.BID PROPOSAL Page 2 or 6 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM CONTRAC r 10/22/2015 IORNINCS"I:AR-SECTION 10,PHASE 2 UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item No Description Specification Unit of Bid Unit Price Bid Value Section No. Measure Quantity UNIT fl:SANITARY SEWER IMPROVEMENTS 3331.4115 8"Sc%ner Pipe 33 31 2U LF 1,235 $34.Od $41,990.0 3331.4116 8"Sewer Pipe,CSS Backfill 33 11 10 LF 69 $50.01 $3,450.0C 3305.01 16 Concrete Encasement kir Utility Pipes 3305 10 Cy 3 $185,0 $555.0 3339.1001 4'Manhole 3339110 EA 8 $3,600.0 $28,800.0 3331.3101 4"Sewer Semce,Two-tina),cleanout 33 31 50 EA 25 $385.0' $9,625.0 3301.0002 1 Post-CCTV Inspection 3301 31 LF 1,307 SIMI $3,659.6 3339.0003 110anhole Vacuum Testing 330130 EA 8 $150.0 $1,200.0 3305.0109 Trench Safety 3305 10 LF 1,307 $0.4 $523.80 3305.UI 13 french tiVater Stops 3305 10 EA 4 $250.0 $1,000.00 TOTAL UNIT II: SANITARY SEWER IMPROVEMENT $90,802.40 Can'or FoR'r woRTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECrS Puma Version April 2,2014 00 42 43.CONTRACT-OAP MORNINGSTAR•SECTION 10 PHASE 2.20133(,\2-10-22-15 004243 DAP-BID PROPOSAL Page 3 of 6 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL.FORM CONTRACT 10/22/2015 MORNINGSTAR-SECTION In,PHASE 2 UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item No Description Specification Unit of Bid p Section No. Measure (Quantity Unit Price Bid Value UNIT III:DRAINAGE IMPROVEMENTS 3305.0109 'french Safety 3305 10 LF 844 $0.501 $422.0 3341 A302 30"RCP,Class 111 3341 10 LF 628 $80.0 $50,240.0 3341.0205 24"RCP,Class Ill 3341 10 LF 216 $60.001 $12.960.0 3349.5003 20'Curb Inlet 33 49 20 EA 8 $6,100.0 $48.800.0 3349.0001 4'Storm Junction Box 3349 10 L:A 2 $4,000.Oq $8,000.0 3137.0104 Rledium Stonc,Riprap,do 31 37 00 SY 148 $85.001 $12,580.0 TOTAL UNIT III:DRAINAGE IMPROVEMENT$ $133,002.00 CITY OF PORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPM AWARDi D PROJECTS Form Version April 2,2014 00 42 43-CONTRACT-DAP MORNINGSTAR-SECTION 10 PHASE 2-201336X2.10-22-1$ 004243 UAP-BID PROPOSAL. Paye 4 or 6 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM CONTRACr 10/22/2015 ,NIORNINcs,rAll-SECTION 10,PHASE 2 UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Specification Unit of Bid Bidlist Item to Description Section No, Measure Unit Price Bid Value Quantity UNIT IV: PAVING IMPROVEMENTS 3213.0101 G'Conc feint 32 13 13 Sy 3,564 $37.0 $131,868.0 3211.0501 6"LimeTrentment 32 1129 Sy 3,796 $4.00 $15,182.6 3211.0-100 Illydatte Lime 32 1129 TN 56.93 $175.1)(A $9,963.61 9999.0001 7.5"Cone Pvmt 32 13 13 Sy 2,820 $40.0 SI 12,800.0 3211.0502 8"Lime Treatment 32 11 29 Sy 3,003 $3.501 $10,51 L5.: 3211.0400 Hydrate Lime 32 11 29 TN 60.10 $175.0d $10,516.81 3213.0301 4"Concrete Sidewalk 32 1320 SF 3289 $3.00 $9,867.0 3213.0504 Barrier Free Ramp-Type R-1 32 1320 EA 10 S1,000.0 $10,000.0 3441.4003 Furnish& Install Ground Mount Sign Post and Sign 3441 30 EA 3 $650.0 $1,950.0 9999.0002 Street barricade(street dead ends) 31 3600 LF 120 $40.0 $4,800.0 TOTAL UNIT IV: PAVING IMPROVEMENT $317,459.60 CITY OP PORT WORTH STANDARD CONSTRUM]ON SPECIFICATION DOCUMENTS-DFVF.LOPFIi AWARDED PROJECTS Form Vetsion April 2,2014 0042 43-CONTRACT-DAP NIORNINGSTAit-SECTION 10 PHASE 2-201336X2•10.22-1 a 004243 DAP-BID PROPOSAL Page 5 or 6 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM CONTRACT 10/22/2015 MORNINGSi'AR-SECHON 10,PHASIs 2 UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Specification Unit of Bid Bidlist Item No Description Section No. toieusure Quantiq� Unit Price Bid Value UNIT V:STREET LIGHTING IMPROVEMENTS 9999.0000 RdtiNv Illum Assembly'I'Y D-25-6,70W-ATBO-30B- 344120 EA 7 $1 1,704.0 TYPE 2-70W-NW-NL-71IN,Truss 33B,Pole Type 11 $2,100.0 3441.3301 Furnish/Install Rdwy Illum Foundation TY 1 3441 20 EA 7 $952.0 $6,664,0 2601.3015 2 Inch Conduit PVC SCH 30(T) 26 05 33 LF 1010 $3.00 $3,030.0 3441.3401 6-6-6 Triplex Alum Electric Conductor 3441 10 CLF 1010 $1,501 $1,515.0 TOTAL UNIT V:STREET LIGHTING IMPROVEMENTS $30,959.00 CITY OF FORT WORTI I STANDARD CONS'I'RUCI'ION SPEC'IPICTION DOCUMENTS-DEVELOPER AWARDED PROJECTS Form Version April 2,2014 00 42 43-CONTRACT-DAP MORNINGSTAR-SECTION 10 PHASE 2.201336X2-10.22-15 00.1243 DAP-BID PROPOSAL Page 6 of(, SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM CONTRACT 10/22?2015 MORNINGS?AR-SECTION 10,PHASE 2 UNIT PRICE BID Bidder's Application Project Item Inf-ormation Bidder's Proposal Bidlist Item No Description Specification Unit of Bid p Section No, Measure Quantity Unit ince Bid Value Bid Summary UNIT I:WATER IMPROVEMENTS $100,001.60 UNIT II:SANITARY SEWER IMPROVEMENTS _$90,802.40 UNIT III: DRAINAGE IMPROVEMENTS _ ^T $133,002.00 UNIT IV: PAVING IMPROVEMENTS $317,459.60 UNIT V:STREET LIGHTING IMPROVEMENTS $30,959.00 Total Construction Bid $672,224.80 Contractor agrees to complete NVORK for FINAL.ACCEPTANCE H days calendar days after the date when the CONTRACT commences to run as provided in the General Conditions. END OF SECTION CITY OF•r•OR'r woR'n1 STANDARD CONSTRUCTION SPEC'IFICITION DOCU4IENTS-DEVELOPER AWARDED PROJECTS Fomi Version April 2,2014 0042 43-CONTRACT-DAP MORNINGSTAR-SECTION 10 PHASE 2-201336X2-10-22.15 UTILITY BIDS (Water, Sanitary and Storm Sewer) 00 41 00 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY Page 1 o1'3 SECTION 00 4100 DAF BID FORM FOR PUBLICLY BID PROJECTS ONLY TO: WILBOW-MORNINGSTAR DEVELOPMENT,CORP. 4131 N. CENTRAL EXPRESSWAY SUITE 900,LOCKBOX 13 DALLAS,TEXAS 75204 FOR: MORNINGSTAR—SECTION 10,PHASE 2 WATER,SANITARY SEWER,STORM SEWER,PAVING AND STREET LIGHTS IMPROVEMENTS City Project No.: 02745 Units/Sections: N/A 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted,to enter into an Agreement with 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. BIDDER Acknowledgements and Certification 2.1. In submitting 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 in the construction contract. 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 submit 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, 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 anything of value- likely aluelikely 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 CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM—DEVELOPER AWARDED PROJECTS 00 4100 Bid Form—DAP.docx Form Revised April 2,2014 00 41 00 DAP RID FORA?FOR PUBLICLY BTU PROJrCTS ONLY Pnge 2 of 3 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 which is to establish Bid prices at artificial, non-competitive levels. d. "coercive 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. Pr•equalifcation The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. WATER DISTRIBUTION,DEVELOPMENT,(12-INCH DIAMETER AND SMALLER) b. SEWER COLLECTION SYSTEM,DEVELOPMENT(8-INCH DIAMETER AND SAMLLER) C. d. 4. Time of Completion 4.1, The Work will be complete for Final Acceptance within calendar days after the date when the Contract Time commences to run as provided in the General Conditions. 4.2. Bidder accepts the provisions of the Agreement to liquidated damages, if applicable, 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 41 00 b. Bid Bond (if required), Section 00 43 13 issued by a surety meeting the requirements of the General Conditions. c. Proposal Form, Section 00 42 43 d. MBE Forms (if required) e. Prequalification Statement, Section 00 45 12 f Any additional documents that may be required by Section 12 of the Instructions to Bidders g. Bidder pre-qualification application(optional) b. Total Bid Amount G.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. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM—DEVELOPER AWARDED PROJECTS 00 1100 Bid Form—DAP.docx Form Revised April 2,2014 00 41 00 DAP BID FOM-1 FOR PUBLICLY BID PROJECTS ONLY Pr%e 3 of 3 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, Evaluation of Alternate Bid Items <use this if applicable, otherwise delete> Total Base Bid ., Alternate Bid i' Deductive Alternate Additive Alternate TOTAL BID 7. Bid Submittal ��lJr, This Bid is submitted on /✓J -t �j�l by the entity named below Respectfully submitted, _ Receipt is By: ! ' acknowledged of the Initial (Signature) following Addenda: I Addendum No. 1 1 (Printed Name) Addendum No. 2 Title: f �'y L�N f— Addendum No. 3 <Title or Office> Company: Z), I / i''fig s* '�,�., �i:s �c Addendum No. <Company Name> Address: e)Cr`�./ <Address> <A/ddress if appll�`cablje,o`tlNrwisedeelete> ZL _ <City, State, Zip Code> State of Incorporation: Email: Phone: �� G `{ END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM--DEVELOPER AWARDED PROJECTS 00 4100 Bid Form—DAP.dotx Form Revised April 2,2014 00 42 43 DAP-1310 PROPOSAL Page 1 o1`7 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM COSI'ESTIMATE! 9:18.2015 MORNINGSTAR-SECTION 10,PHASE 2 UNIT PRICE BID Bidder's Application Project Item Information Bidders Proposal Bidlist Item Specification unit of Bid No. Description Section No. Measure Unit Price E3id Value QUIItitit}' UNIT 1:WATER IMPROVEMENTS 3311.0161 6"Water Pipe 33 11 12 LF 20 S26.001 5520.00 331 1.0261 8"Water Pipe 33 11 12 LF 1,794 $29,001 $52,026.00 3312.3002 6"Gate Valve 33 1220 EEA 2 $840.001 51.680.00 3312.3003 8"Gate Valve 33 1220 EA 9 S950.001 58,550.00 3312.0112 Connect.to Existing 8"Nater Main 1 33 1225 EA 3 $7W001 $2,100.04 3312.0001 Fire Hydrant 33 1240 EA 2 $3 400.001 $6,800.40 3311.6001 Ductile Iron Water Fittings 33 11 11 TUN 1.5 $5,400.00 $8,100.00 3305.0109 Trench Safety 3305 10 LF 1,814 $0,401 5725.60 3312.2003 11"Water Service 33 12 10 EA 25 S780.00 $19,500.00 TOTAL UNIT t:WATER IMPROVEMENTS $100,001.60 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFIC'ATTON DOCUMENTS-DEVELOPER AWARDED PROJfC'I'S Form Vemien.Apn1 2.2014 Capp oT(t)42-.3-COST ESI(MATE-UAP NIOWNINOSTAR-SECTION 1 0 PHASE 2.201336L-09-1&-I3 004243 DAP-SID PROPOSAL Page 2 of 7 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL.FORM COST ESTIMATE 9/18%2015 MORNINGSTAR-SECTION 10,PHASE 2 UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal BidN Item Description Specification unit of Bid o p Section No. Measure Quantity unit Price Bid Value UNIT If:SANITARY SEWER IMPROVEMENTS 3331.31 I S 8"Server Pipe 33 31 20 LF 1,235 S34.001 $41.990,00 3331.41 16 8"Server Pipe,CSS Backfill 33 11 10 LF 69 S50.00 S3,450.00 3305-0116 IConcTete Encasement for utility Pipes 3305 10 Cy 3 $185.00 $555.00 3339.1001 4'Manhole 33 39 20 EA 8 $3,600.00 $28,800,00 3331.3101 4"Sewer Service,Two-way cleanout 3331 50 EA 25 S385.00 $9,625.00 3301.0002 Post-CCTV Inspection 3301 31 LF 1,307 $2.80 $3,659.60 3339.0002 IManhole Vacuum Testing 133 01 30 EA 8 S150.001 51 200.G1 3305.0109 ITrench Safety 33 05 10 LF 1,307 $0.401 $522.80 3305.0113 Trench Water Stops 3305 10 EA 4 5250,00 51.000.00 TOTAL UNIT It:SANITARY SEWER IMPROVEMENTS $90,802,40 C lTY OF PORTWORTH STANDARD CONSTRL'CUON SPECIFIC'A'TION DOCUMENTS-DEVELOPER AWARDED PROJECTS Form Version April 2.22014 Copp o,100 42 43-COST ESTIMATE.DAP MORNINGSTAR-SEC'TION 10 PHASE 2-201336X2-09-18-I5 004243 DAP-DID PROPOSAL. Pine 3 or 7 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM COST ESTIMATE 9018/2015 MORNINGSTAR-SECTION 10.PHASE 2 UNIT (PRICE BIB Bidder's Application Project Item Information Bidders Proposal Bidiist Item Specification unit of Bid �o Description Section No. Measure Quantity L`nit Price Bid Value UNIT III:DRAINAGE IMPROVEMENTS 3305.0109 Trench Safety 3305 10 LF 844 50.50 5422.00 3341.0302 30"RCP,Class III 3341 10 LF 628 s80.001 $50,240.00 3 34 1.0205 24"RCP,Class W 3341 10 LF 216 $60.00 512,960.00 3349.5003 20'Curb Inlet 33 49 20 EA 8 $6.100,001 $48.800.00 3349.0001 4'Storm Junction Box 3349 10 EA 2 54.000.00 $8,000.00 3137.0104 Medium Stone,Riprap,di), 31 3700 SY 148 $85.00 $12,580.00 TOTAL UNIT III:DRAINAGE IMPRQKEMENTSI $133,002.00 CITY OF FORT WORTH S'T'ANDARD CONsm,(,rm SPECIFICATION DOC ITNIENTS•DEVELOPER AWARDED PROJECTS Form Version April 2,2014 Copy of00 42 43-COST IiSTNIATE-UAP MORNINGSTAR-SECTION 1.0 PHASE 2-201336.x2-09.13-15 (f)42 43 DAP-BID PROPOSAL Page 7 of 7 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM COSI'ESTIMATE 9/18,12015 MORNINGSI'AR-SEC"CION 10,PHASE 2 UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification Unit of I Bid No Description Section No. I Measure I Quantity Unit Price Bid Value _ Bid Summary UNIT I:WATER IMPROVEMENTS $100,001.60 UNIT If:SANITARY SEWER IMPROVEMENTS $90,802.40 UNIT Ili:DRAINAGE IMPROVEMENTS $133,002.00 UNIT IV:PAVING IMPROVEMENTS UNIT V:STREET LIGHTING IMPROVEMENTS UNIT VI:TRAFFIC SIGNAL IMPROVEMENTS Total Construction Bid $323,$06.0 Contractor agrees to complete WORK for FINAL ACCEPTANCE �,dal,e calendar days after the date when the CON'T'RACT commences to ran as provided in the General Conditions. END OF SECTIO v CITY OF FORT WORTH STANDARD CONSTRLMION SPECIFICATION DOCUMENTS-DEVELOPER ANARDCD PROJECTS Form Version April 211-014 Copy or00 42,13-COSTESTIMATE-DAP MORNINC STAR-SEMION 10 PHASE 2-201336X2-0:-1 S-15 S u re e c BID BOND KNOW ALL MEN BY THESE PRESENTS,that we D.T. Utility Contractors Inc. as principal, hereinafter called the "Principal,"and SURETEC INSURANCE COMPANY, 9737 Great Hills Trail, Suite 320, Austin, Tx 78759, as surety, hereinafter called the "Surety," are held and firmly bound unto Wilbow-Morningstar Development Corte as obligee, hereinafter called the Obligee, in the sum of 5 Percent(5 of GAB%) of the Amount Bid by Principal for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the principal has submitted a bid for Four Hundred Thousand Dollars ($400.000.00 NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into such Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. SIGNED, sealed and dated this 20th day of October, 2015. D.T. Utility Contractors, Inc. (Principal) BY: TITLE: SureTec Insurance Company BY: �� � zv Mich elle Harris, Aftorney-in-Fact Suretec Bid Bond Form Rev 1.1.06 SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax* 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ---------------------------------------------------------------------------------------------------------------------------- Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. -----------------------------------------_-.--------------------------------------------------------------------- Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. Rev 1.1.06 POA N: 4221203 - Irvin SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint Michelle Harris,Pamela R.Padgett its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Two Million Five Hundred Thousand and 00/100 Dollars($2,500,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment shall continue in force until 12/31/2016 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute, acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 206 of April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal to be hereto affixed this 21st day of March,A.D.2013. SSS/VC SURETEC INSURANCE COMPANY By: w w t a= John ident State of Texas ss: 7 .. '. County of Harris '•••......•.'' �s "+�nrvmMrn""d• On this 21st day of March,A.D.2013 before me personally came John Knox Jr.,to me known,who,being by me duly swom,did depose and say,that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. ------------- F.�rw,Z. JACQUELYN MALDONADO Notary Public State of Texas My Comm.Exp.5/1(3/2017 Jacq elyn Maldonado,Notary Public My commission expires May 18,2017 1,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company, which is still in full farce and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. Given tinder my hand and the seal of said Company at Houston, Texas this day of A.D. n zhr?�� M.Bre t Beaty,Assistant ecretary Any Instrument issued in excess of the penalty stated above Is totally void and without any validity. For verificatlon of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST. 0045 12 DAP P1trQ11A1,1FIC:ATION STATLMENT Prue 1 of 1 SECTION 00 45 12 DAP—PREQUALIFICATION STATEMENT Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s)listed. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date WATER Water Transmission, -� Develo ment, 12" and smaller SANITARY SEWER Sewer Collection System, 8"and �? � smaller STORM DRAINAGE STREET PAVING -- STREET LIGHTS The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: Company (Please Print) (/'i/ 6W11-5),1 - f'd Signature: Address /elr6 Ze�,�`7 Title; City/State/Zip (Please Print) Date: END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION PREQUALIACATION STATEMENT—DEVELOPER AWARDED PROJECTS 00 45 12Prequalificat)enStatement(2) Form Version April 2,2014 PAVING BID 004100 DAP BID FORM FOR PUBLiCLY RIO PROJ11C1S ONLY Urge I of 3 SECTION 00 4100 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY TO: WILBOW-MORNINGSTAR DEVELOPMENT, CORP. 4131 N. CENTRAL EXPRESSWAY SUITE 900,LOC1"OX 13 DALLAS,TEXAS 75204 FOR: MORNINGSTAR—SECTION 10,PHASE 2 WATER,SANITARY SEWER,STORM SEWER,PAVING AND STREET LIGHTS IMPROVEMENTS City ProjectNo.: 02745 Units/Sections: N/A 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted,to enter into an Agreement with 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. BIDDER Acknowledgements and Certification 2.1, In submitting 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 in the construction contract. 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 submit 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,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 anything 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 CITY OF FORT WORTH STANDARD CONSTRUCTION 810 FORM—DEVELOPER AWARDED PROJECTS 00 4100 Bid Form—DAP.docx Form Revised April 2,2024 004100 DAP BID FORA1 FOR PUBLICLY BID PROJrCTS ONLY !'Age 2 01-3 artificial non-conipetitive 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 which is to establish Bid prices at artificial, non-competitive levels. d. "coercive 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. Pli-equalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a, WATER,DISTRIBUTION, DEVELOPMENT,(12-INCII DIAMETER AND SMALLER) b. SEWER COLLECTION SYSTEM, DEVELOPMENT(8-INCH DIAMETER AND SAMLLER) C. d. 4. Time of Completion 4.1, The Work will be complete for Final Acceptance within . rj calendar days after the date when the Contract Time commences to run as provided in the General Conditions. 4.2. Bidder accepts the provisions of the Agreement to liquidated damages, if applicable, 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 41 00 b. Bid Bond(if required), Section 00 43 13 issued by a surety meeting the requirements of the General Conditions. c. Proposal Form, Section 00 42 43 d. MBE Forms (if required) e. Prequalification Statement,Section 00 45 12 f. Any additional documents that may be required by Section 12 of the Instructions to Bidders g. Bidder pre-qualification application(optional) 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. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM—DEVELOPER AWARDED PROJECTS 00 4100 Bid Form—DAP.dotx Form Revised April 2,2014 00,1100 DAP BID FORM FOR PUBLICLY RID PROJECTS ONLY Png�3 or3 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. Evaluation of Alternate Bid Items <use this if applicable, otherwise delete> Total Base Bid ari5. �z Alternate Bid Deductive Alternate Additive Alternate TOTAL BID 7. laid Submittal This Bid is submitted on �je`;�r" r C) `��_ by the entity named below Respectfully submitted, Receipt is BY / acknowledged of the Initial (Signature) following Addenda: �? (� Y)a4 S1 ',�- Addendum No. l (Printed Name) Addendum No. 2 Title: P n Addendum No. 3 itle or Office> Company: = ,nater +Q0 { 1 r,-n-TXCJS Addendum No. 4 Z <Compan Name> Address: Pn 91X - <Address> <Ad ress if apKicable, otherwise d lete> <City, State,Zip Code> State of Incorporation: e Email: l�C Phone: � L ENA OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM—DEVELOPER AWARDED PROJECTS 00 4100 Bid Form—DAP.docx Form Revised April 2,2014 00 42 43 DAP-BID PROPOSAL Page'l of 7 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM COST ESTIMATE 9;18;2015 MORNINGSTAR-SECTION 10,PHASE 2 UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist It, Specification Unit of Bid No Description Section No. Measure Quantih Unit Price Bid Value UNIT IV: PAVING IMPROVEMENTS 3213,0101 6"Cone Pvmt 32 13 13 SY 3,564 537,00 5131,868.00 3211.0501 6"Lime Treatment 32 1129 SP 3,796 54.00 515,182.64 3211.0400 Hydrate Lime 33 1129 TN 56.93 S175.00 59,963.61 9999.0001 7.5"Conc I'vmt 32 13 13 SY 2.820 — S4UA0 $112,800.00 3211.0502 8"Lime Treatment 32 11 29 SY 3,003 53.50 ,510,511.55 3211.0400 Hydrate Lime 32 1 1 29 TN 60.10 5175A0 510,51fi.91 3313.0301 4"Concrete Sidewalk 33 1320 SF 3289 $3,00 S9,867A00 3213.0504 Barrier Free Ramp-Type R-1 32 1320 EA 10 51,000.00 510,000.00 3441.4003 Furnish&Install Ground Mount Sign Post and Sign 3441 30 EA 3 5650.00 51,950.00 9999.0002 Street barricade(street dead ends) 31 36 00 IX 130 540.00 54,800.00 TOTAL UNIT IV: PAVING IMPROVEMENTS $317,459.60 CITY OF FORT WORTH STANDARD CONSTRUC'770N SPECIFICATION DOCUAII'sNTS-DEVELOPGR A\YARDED PROJECTS I'mi Version April 2,2014 00 42 43-COST BSTINIATE-DAP MORNINGSTAR-SECTION 10 PHASE 2.201.136X2-09-18-15 MY,AIA Document A310TM 2010 Bid Bond CONTRACTOR: SURETY: (.fame, legal staters and address) (Name, legal status and principal place CONATSER CONSTRUCTION TX,L.P. of business) Wichita St. Fort BERKLEY INSURANCE COMPANY Fort Worth,TX 76119-6035 475 Steamboat Road This document has important legal Greenwich,CT 06830 consequences.Consultation with OWNER: an attorney is encouraged with (fame, legal status and address) respect to its completion or WILBOW-MORNINGSTAR DEVELOPMENT CORP. modification. 4131 N.Central Expressway,Suite 900, Dallas,TX 75204 Any singular reference to Contractor,Surety,Owner or BOND AMOUNT: Five percent of amount bid. other party shall be considered (5%of Amount Bid) plural where applicable. PROJECT: (-fame, location or address, and Project number, if aizv) Morningstar-Sec. 10 Ph.2-City Project No.02745 Project Number, if any: The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,-jointly and severally,as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(1)enters into a contract with the Owner in accordance with the terms of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof.,or(2)pays to the Owner the difference, not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform die work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect.The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid.Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents,and We Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60)days. If Oris Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the tern Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 20th day of October,2015 CONATSER COUSTRUCTION T&-L.P. (Principal (.Seal) rile BERKLEY INSURANCE COMPANY (Seal) (1t-itness) (Title) Robbi Morales,Attorney in Fact AIA Document A310TM —2010.Copyright©1963,1970 and 2010 by The American Institute of Architects.All rights reserved. POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich,CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Ricardo J. Reyna; Dori E. Cornell; Vena DeLene Marshall,Sophinie Hunter;Robbi Morales, or Kelly A. Westbrook of Aon Risk Services Sout/iwest, Inc. of Dallas, TX its true and lawful Attorney-in-Fact,to sign its name as surety only as delineated below and to execute,seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.S50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety Group, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted;and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, the Company has cause' these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this�"day of Attest: Berkley Insurance Company (Seal) By ( By r✓ Ira S. a erman Je . after Senior Vice President& Secretary �e r ' Preside WARNING, THIS POWER INVALID IF NOT PRINTED ON BLUE"BERKLEY"SECURITY PAPER.. STATE OF CONNECTICUT) ) ss: COUNTY OF FAIRFIELD ) Sworn to before me, a Notary Public in the State of Connecticut, this`JO daof - , 2015, by Ira S. Lederman and Jeffrey M. Hafter who are sworn to me to be the Senior Vice President and Secre rys an the Senior Vice Pre dent, respectively, of Berkley Insurance Company, MARIA C.RUNDBAKEN NOTARY PUBLIC MY COMMISSION EXPIRES Motary Public, State of Connecticut APRIL 30,2019 CERTIFICATE 1, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as of this date. Given under my hand and seal of the Company,this 20th day of October _, 2015 (Seal) 41 -- Amo a IMPORTANT NOTICE To obtain information or make a complaint: You may call Berkley Surety Group, LLC and its affiliates by telephone for information or to make a complaint: BERKLEY SURETY GROUP, LLC Please send all notices of claim on this bond to: Berkley Surety Group, LLC (866) 768-3534 412 Mount Kemble Avenue, Suite 31 ON Morristown, NJ 07960 Attn: Surety Claims Department You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: Cons umerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact your agent or Berkley Surety Group, LLC first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only and does not become a part or condition of the attached document and is given to comply with Texas legal and regulatory requirements. D0 45 12 DAP PREQUALIFICATION STATEWNT Page 1 or l SECTION 00 45 12 DAP-PREQUALIFICATION STATEMENT Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s)listed. Major Work Type Contractor/Subcontractor Company Name Prequalifrcation WATER Expiration Date Water Transmission, Development, 12" and smaller 1 ;'iU Gil �z itjioy7l-1t SANITARY SEWER Sewer Collection System, 8"and L., smaller C 1 '� � \ . r rX,L` Out 3G)jl ( ' STORM DRAINAGE STREET PAVING U 1 C STREET LIGHTS _ rmo r t i C`Y i (x Ltd "I'he undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types 1 isted. jBIDDER: t By: Company (Pl Fr'nt) C) .. '-1`-tom Signature: Address 9 Title: t City/State/Zip (Please Print)l Date: :7•t 5 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION PREQUALIFICATION STATEMENT—DEVELOPER AWARDED PROJECTS DD 45 12 Prequali(ication Statement(2) Farm Version April 2,2014 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COtv4PENSATION LAW Page I of I 1 SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 4 Pursuant to Texas Labor Code Section 406.096(a),as amended,Contractor certifies that it 5 provides worker's compensation insurance coverage for all of its employees employed on City 6 Project No. 02745. Contractor further certifies that,pursuant to Texas Labor Code, Section 7 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with 8 worker's compensation coverage. 9 10 CONTRACTOR: 11 G 12 L`YlCA \-Q )T�b'dAL -Di�X t t� By: d Q t Y �� Wit`ct-I p 14 Company / 1 (Please P 15 t •l ,f . 1 - J� , `7 S ignatlu e:_ �-i 16 Address 17 1 101 Title: Pf� y 1 C e!r} 19 City/State/Zip (Please Print) 20 21 22 THE STATE OF TEXAS § 23 24 COUNTY OF TARRANT § 25 26 BEFORE M ,the undersigned authority, on this day personally appealed 27 C.mt+�)P r� ,known to me to be the person whose name is 28 subscribed`to the foregoing instru hent, and acknowled ed to me that he/she executed the same as 29 the act and deed of ` ,x ,P ,- t_,i- 1 0" for the purposes and 30 consideration therein expressed and in the capacity therein stated, 31 32 GIVEN UNDER MY 14AND AND SEAL OF OFFICE this S _day of 33 - _, 20L 34 r VICKI L. OLSON 36 I" Notary Public, State of Texas 37 :,1, „�,»,.; My Commission Expires Notary Public in and for the State of Texas 38 November 12, 2017 39 END OF SECTION 40 CITY OF FORT WORTH MORNI NOSTAR—SECTION 10,PHASE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.:02745 Revised April 2,2014 STREET LIGHTS BILI Quotation for Street Lights 10MMPHOEM) PROJECT Morningstar Ranch, Section 10, Phase 2 BID DATE 10/21/15 9:OOAM (Wednesday) Independent Utility Construction, Inc. OWNER City of Fort Worth 5109 Sun Valley Drive, Fort Worth TX 76119 QUOTEDATE 10/20/15 817-478-4444 / estimating@iuctx.com EXPIRES 11/20/15 Includes Performance, Payment, and 2-Year Maintenance Bond. Item Description Quantity • V 01 Rdwy Illum Assy (Type 11 pole with ATBO LED luminaire) 7 EA 1,807.00 12,649.00 V 7 02 Rdwy Illum Foundation Type 1 7 EA 1,093.001 7,651.00 V 03 2" Conduit PVC Sch 80 (T) 1,010 LF 9.18 r 9,271.80 V 04 6-6-6 Triplex Alum Conductor 1,010 LF 2651 2,676.50 GRAND TOTAL: $32,248.30 This proposal is offered as a complete package and any deviations from the quantities listed could result in price adjustments and/or withdrawal of the entire proposal. Independent Utility Construction, Inc. reserves the right to withdraw this quotation at any time prior to the buyer's written acceptance. Excludes all bonding,testing,surveying,and staking unless otherwise noted. Retainage may not be withheld on projects less than$10,000.00. BID BOND (Private Work) KNOW ALL MEN BY THESE PRESENTS: That we _Independent Utility Construction Inc Ohio Farmers Insurance Company , Principal, and Surety, are held and firmly bound unto Wilbow-Morningstar Development, Corp. Obligee, In the sum of Five Percent of Bid (5%)____________________________________ ----------- ---------------------------------------------- -Dollars ($ -----------------------------) for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract for Morningstar-Section 10, Phase 2 NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such time as may be specified, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or contract documents with surety acceptable to Obligee;or if Principal shall fail to do so,pay to Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence satisfactory to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. Signed, sealed and dated October 21 2015 INDEPENDENT UTILITY CONSTRUCTION INC. Principal y (Seat) OHIO FARMERS 1NSURANCE COMPANY Surety by K Swceney, Attorney-in- act l