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Contract 47717
CITY CONTRACT Nom.��-- 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 7 Phase 1 Description: Project Location: FM 3325 Parker County Plat Case Number: FP-14-087 Plat Name: Morningstar Development Section 7 Phase 1 Mapsco: 760-D Council District: NA City Project Number: 02629 CFA Number: 2016-004 DOE Number: 7498 To be completed by aff Received by: ate: `a cd City of Fort Worth,Texas' c, Standard Community Facilities Agreement rOFFICIAL RECORD CFA Official Release Date:07.30.2015 SECRETARY Page 1 of 11 t ORTIj,TX STANDARD COMMITNITY 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 7 Phase I ("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 Il, 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) FX], Sewer (A-1) FX], Paving (B) E-1, Storm Drain (B-1) ©, Street Lights & Signs (C) E-1. 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 infrastructure 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 7 Phase 1 CFA No.: 2016-004 DOE No.: 7498 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 $ 274,823.80 2.Sewer Construction $ 290,991.00 Water and Sewer Construction Total $ 565,814.80 B. TPW Construction 1.Street $ 661,369.27 2.Storm Drain $ 191,645.00 3.Street Lights Installed by Developer $ 69,465.52 4. Signals $ - TPW Construction Cost Total $ 922,479.79 Total Construction Cost(excluding the fees): $ 1,488,294.59 Construction Fees: C. Water/Sewer Inspection Fee(2%) $ 11,316.30 D. Water/Sewer Material Testing Fee(2%) $ 11,316.30 Sub-Total for Water Construction Fees $ 22,632.59 E. TPW Inspection Fee(4%) $ 34,120.57 F. TPW Material Testing(2%) $ 17,060.29 G. Street Light Inspsection Cost $ 2,778.62 H. Signals Inspection Cost $ - H. Street Signs Installation Cost $ - Sub-Total for TPW Construction Fees $ 53,959.48 Total Construction Fees: $ 76,592.07 Choice Financial Guarantee Options,choose one Amount Mark one Bond=100% $ 1,488,294.59 Completion Agreement=100%/Holds Plat $ 1,488,294.59 x Cash Escrow Water/Sanitary Sewer= 125% $ 707,268.50 Cash Escrow Paving/Storm Drain=125% $ 1,153,099.74 Letter of Credit=125%w/2 r expiration period $ 1,860,368.24 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 UZI Jesus J. Chapa Assistant City Manager Name: Jennifer Rabon �� 1 1 Title: Vice President of Development Date: O� / Date: G �s Recommended by: ATTEST: (Only if required by Developer) Wendy Chi- abulal, EMBA,P.E. Development Engineering Manager Signature Water Department Name: 4�L _ Dousig,P.E. Direc ®� Transj olation.&Public Works Department Approved as to Form &Legality: ATTEST: $ o 00� �b ��aB800D0 ,ask ` ,.eiw9_ A• ary J. Kr Assistant City Attorney City SecrJar M&C No. N]#A- Date: I if t^ioft. 129 S C.ri-:Qn`CP,,u`: Nk, 001MCIALRECORDCity 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 0'', Attachment 1 - Changes to Standard Community Facilities Agreement nX Location Map © Exhibit A: Water Improvments IDX Water Cost Estimate ❑X Exhibit A-1: Sewer Improvements ® Sewer Cost Estimate OX Exhibit B: Paving Improvements ® Paving Cost Estimate Exhibit B-1: Storm Drain Improvements © Storm Drain Cost Estimate © Exhibit C: Street Lights and Signs Improvements FX 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"1" Changes to Standard Agreement Community Facilities Agreement City Project No. 02629 None City of Fort Worth,Texas Standard Community Facilities Agreement CFA Official Release Date: 07.30.2015 Page 11 of 11 BZ9Z0'ON 10e1ad 8110 89639Z0818oL-9LZd'ON loe(ad JBMeg t 39VHd'L N011039-HYISDNINHOW 6AIBB 01 eluewenoidwl 14611 leegg Ot4Z-H'ON DIU'964L'ON 3'O'0 £96393091809-991d'ON los(OJd Je48M pue,eleM heMeg'8581Mei0'Binned to uoll0nJ4euo0 Bill JO)suBld to a q �t QQI N X Eo d.o c o kk�ik I?F u 88�� QgR4 LL oggY o y� lE�YwgS b• 11 3 Mill, rz ? wl •.'y _=-^C d z rTJ w r O 0 J x LL Oa an� O �vvN do �ior F 0 V WK. -M l � per.a r�W'�* ]r'' `� <0 ZZO ui OR NJ w o �Tl Owe � 0 lila � Ww z w a WW a0 Z Y Q t9 3C O W � Q.A 0 Q o3z �- < W ma O M 3 101 Ni W Q tqa < � o M m Jo Zw NSM 00 O QJ; OzZ �1 O0 CO m N © !- C Ar 0 v O p Z N W n�°. 000 z 3 O o E a Lq z >. 0c cc E LLI > w tuwz c c�3 3 CD v 1 r 1 EXIST. 97Y 1 O L EX/ST. J2{Y STGAZEPROP. 8"W PROP.�8"W ARR QR._..I _-- .. rn j Zi `. PROP. 8"4V BELCLAIRE w Q _ v P . 8 - SCALE: 1"=300' I l' RODERiCK_RD N' , PEx/sr. J2'iv ROP. 8"w "W PROP. 8 + IS n, I I PROP. a"W ,l __TEASLEY AVE EXISr l2 iv rt 1 OLD WEATHERFORD RD "-- 100% DEVELOPER'S COST isr 8" WATER LINES, FIRE HYDRANTS, GATE VALVES AND ASSOCIATED APPURTENANCES EXHIBIT "A" D.O.E. NO. 7498 WATER NO. P265-603150262983 WATER IMPROVEMENTS SANITARY SEWER NO. P275-703130262983 MORNINGSTAR STREET/STORM DRAIN N0, K-2410 SECTION 7, PHASE 1 x PROJECT No. 02629 13 WELCH ENGHsmERjTqG, INC, CONSUL TING ENGINEERS y E [ rn L E STARGAZER DR 77. PROP. 8"SS ��/ U} PROP. 8' / Ll 'SS I D q � 111 , BELCLAIRE AVE - Ex/sr ass SCALE: 1"=300' ( 1 PROP. 8"SS 7 EX/ST, 10 ss _� , I7 Ij' "i F Exrsr, rocs ODERICK RD f PROP. 8"S5 PROP. 8"SS I PROP. 8"SS ---- I_ _i_TEASLEY EXIST. 10 sS J/~�_• PROP. i}t S EX/ST- 6'S5 f/ OLD WEATHERFORD RD 100% DEVELOPER'S COST — ---�---- 8" SANITARY SEWER LINES AND ASSOCIATED APPURTENANCES EXHIBIT "A--1�s D.O.E. NO. 7498 WATER NO. P265-603150262983 SANITARY SEWER IMPROVEMENTS SANITARY SEWER NO. P275-703130262983 MORNINGSTAR STREET/STORM DRAIN N0, K-2410 SECTION 7, PHASE 1 XI 23213JECT N0. 02629 WELCH EN0ENrEER N C,, I NC. CONSUL TING ENGINEERS rTl z o � Jr z to ! � B—B o 37 � STARGAZER, DR N r 28' B- o� — loz BELCLAIRE AVE'29'& C9� SCALE: 1"-300' -,-�—.'-may.-Y f Z.. ~""`�• � 0 --;,29 B-B � RODEf+1CK RD t 2.91 C 29' B_,B i tt`•� TEASLEY 1 AVE 150' R.0 W, _ t i4 ir ^^E m OLD WEATHERF'ORD RD 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 EXHIBIT »B» D.O.E. NO. 7498 PAVING IMPROVEMENTS WATER NO. P265-603150262983 SANITARY SEWER NO. P275-703130262983 MORNINGSTAR STREET/STORM DRAIN NO. K-2410 SECTION 7, PHASE 1 CITY PROJECT NO. 02629 X-23213 WELCH ENCYINEERINNC`r, I NC. CONSUL TING ENG/NEE-RS � i x 7 c 90 RCP i t.J r � S I ARGA�LER DR i --_ _ ; r 20� 0 � l/1 ! . I j <a rr CZ; d 1t iz �I � � "RC2P It t c� �BLCLAIRE� AVE 2i ! J 0 4� �� 20 zo, ry/1 p SCALE: 1"=300' t t ;. 2t"RCP 9 ` 20 I RODERICK RD I; k 1 TEASLEY AVE ( n _— �`��..�.��—==_,_�' �-•�o• moo• _ 24_RCP t_ :BYO• CP 'r 24 4' a f 17 OLD WEATHERFORD RD "'-- 10', 15, OR 20' INLET--,, 100% DEVELOPER'S COST STORM SEWER AND INLET AND ASSOCIATED APPURTENANCES EXHIBIT )9B-101 D.O.E. NO. 7498 WATER NO. P265-603150262983 STORM DRAIN IMPROVEMENTS SANITARY SEWER NO. P275-703130262983 M OR N I N GSTAR STREET/STORM DRAIN NO. K-2410 CITY PROJECT NO. 02629 SECTION 7, PHASE 1 x-23213 WELCH EN4a1NEER;1[]q0, INC. CONSUL TING ENGINEERS tTt I T I 0 z STARGAZER DR I 1 o BELGLAIRE AVE SCALE: 1"=300' I� RODERIGK RD TEASLEY AVE' E e OLD WEATHERFORD RD -- PROPOSED STREET LIGHT (1007. DEVELOPER'S COST) ,A -- PROPOSED STREET SIGN (100% DEVELOPER'S COST) ■ -- PROPOSED GROUND BOX (100% DEVELOPER'S COST) *-- EXISTING STREET LIGHT EXHIBIT C" D.O.E. NO. 7498 STREET LIGHTS WATER NO. P265-603150262983 SANITARY SEWER NO. P275-703130262983 MORNINGSTAR STREET/STORM DRAIN NO. K-2410 SECTION 7, PHASE 1 CITY PROJECT NO. 02629 X-23213 WELCH ENcyINEERING, INC. CONSUL TING ENG/NE-ERS 004243 DAP-BID PROPOSAL Page I of 6 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM CONTRACT 10/22/2015 MORNINGSTAR-SECTION 7,PHASE 1 UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal I3idlist Item No Description Specification Unit of Bid Unit Price Rid Value Section No. Measure Quantity UNIT I:WATER IMPROVEMENTS 331 1.0161 6"(Vater Pipe 33 11 12 LF 30 $26.0 $780.0( 331 1.0261 8"Water Pipe 33 11 12 LF 4,747 $29.0 $137,663.0 3312.3002 6"Gate Valve 33 1220 EA 6 $840.0 $5,040,0 3312.3003 8"Gate Valve 33 1220 EA 19 $950.Oq $18,050.0 3312.01 17 Connect.to Existing 4"-12"Water Main 33 1225 EA 2 $700.0 $1,400.0 3312.0001 Fire Hydrant 33 1240 EA 6 $3,400.0 $20,400.00 331 1.0001 Ductile Iron Water Fittings 33 11 11 TON 3 $5,400.00 $;16,200.0 3305.0109 '(Tench Safety 3305 10 LF 4,777 $0.40 $1,910.80 3312.2003 1"Water Seryice 33 12 10 EA 94 $780.0' $73.320.0 TOTAL UNIT I:WATER IMEROVEMENT4 $274,763.80 crry of TORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEATLOPER AWARDED PROIrCPS Fenn Version April 2.2014 00 42 43-CONTRACT-DAP MORNINGSTAR-SECTION 7 PHASE I-201336G-10-22-15 004243 DAP-BID PROPOSAL Page 2 of e SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM CON'T'RACT 10/2212015 iORNINGST.4R-SECTION 7,PHASE l UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item No Description Specification Unit of BidUnit Price Bid ValueSection No. Measure Quantity UNIT II:SANITARY SEWER IMPROVEMENTS 3331.4115 S"Sewer Pipe 3331 20 LP 3,930 $34.001 $133,6200 3331.4116 S"Sealer Pipe,CSS Backfill 33 11 10 LF 175 $7400 $12,950.0 3339.1001 4'Manhole 33 39 20 1:A 21 $3,600.0 $75,600.0 3331.3101 4"Sewer Sen ice,Two-wa cleanout 33 31 50 EA 91 $335.0 $35,035.0 3301.0002 Post-CCTV Inspection 3301 31 LF 3,105 $2.50 $11,494.0 3339.0002 Manhole Vacuum Testing 3301 30 EA 21 $150.00 $3,150.0 3339.0001 Epoxy Manhole Liner 33 339 60 VP 59 $250.0 $14,750.0( 3305.0109 'french Safety 3305 10 LF 4,105 $0.40 $1.642.0 3305.01 13 Trench Water Stops 3305 10 EA 11 $250.00 $2.750.0 TOTAL UNIT II:SANITARY SEWER IMPROVEMENT $290,991.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCLMNTS-DEVELOPER AWARDED PROJECTS Form Version April 2,2014 00 42 43•CONTRACT-DAP MORNINGSTAR-SECTION 7 PHASE I-201336G•10-22-15 004243 DAP•BID PROPOSAL Page 3 orb SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM CONPRACCI' 101222/2015 MORNINGSTAR-SECTION 7,PHASE I UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Specification Unit of Bid Bidlist Item No Description Section No. Measure Quantity Unit Price Bid Value UNIT Ill: DRAINAGE IMPROVEMENTS 3305.0109 Trench Safety 3305 10 LF 1358 $0.5 $679.0 33341,040.1 42"RCP,Class 111 3341 10 LF 136 $115.0 $15,640,0 3341.0309 36"RCP,Class 1❑ 3341 10 LF 41 $90.001 $3,690.0 3341,0302 30"RCP,Class III 3341 10 LF 713 $68,0 $48,484.0 3341.0205 24"RCP,Class Ill 3341 10 LF 468 $60.Oq $28,080.0 3341.0203 21"RCP.Class 111 3341 10 LF 154 $58.001 $8,932.0 3349.0001 4'Storm Junction Box 3349 10 EA 2 $4,000.Od $8,OOOA 3349.5002 1 S'Curb Inlet 33 49 20 EA 2 $5,00O,OC $10,000.0 3349.5003 20'Curb Inlet 33 49 20 EA 10 $6,100.0( $61,000.0( 3137.0104 Ylzdium Stone,Riprap,dry 31 3700 SY 84 $85,001 $7,140,0 TOTAL UNIT III:DRAINAGE IMPROVEMENT $191,645.00 CITY 01;FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DFVFLOPF.R AWARDED PROJECTS Foran Version April 2,2014 00 42 43-CONTRACT-DAP MORNINGSTAR-SECTION 7 PHASE I-201336G-10.22-15 004243 DAP-©ID PROPOSAL Page 4 of 6 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM CONTRACT 10/22/2015 MORNINGSTAR-SECTION 7,PHASE i UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist ItemNo Description Specification Unit of aid Unit Price Bid Value Section No. Measure Quantity UNIT IV:PAVING IMPROVEMENTS 3213,0101 6"Conc Pant 32 t3 13 SY 15.112 $34.00 $513,808.0 3211,0501 6"Lime Treatment 32 11 29 SY 16,094 $3,00 $48,282.84 321 1.0400 Hydrate Lime 32 11 29 TN 241.41 $175.00 $42,247.4 9999,0001 75"Colic PVnit 32 13 13 SY 475 $39.00 $18,525.0 3211.0502 8"lime Treatment 32 11 29 SY 506 $4.00 $2,023.5( 3211.0400 Hydrate Lime 32 11 29 TN 10.12 $175.0 $1,771.4: 3213,0301 4"Concrete Sidewalk 32 1320 SP 2137 $3:00 $6,41 LO 3213.0504 Barrier Free Ramp-Type R-1 32 1320 EA 16 $1,000.0 $16,000A 3441.4003 Furnish R,Install Ground Mount Sign Post and Sign 3441 30 EA 12 $650.00 $7,800.0 3217.2M 03 REEL Raised Marker TY 11 A-A-4 32 1723 EA 180 $5.00 $900.00 9999.0002 Street barricade(street dead ends) 31 3600 11 90 $40.00 $3,600.0 TOTAL UNIT IV: PAVING IMPROVEMENTS $661,369.27 CITY OF PORT wom I STANDARD CONSTRUCTION SPECIFICA1ION DOCUMEN"rS-DEVELOPER AWARDED PRoxc,r5 Form Version April 2,2014 0042 43-CONTRACT-DAP MORNINGSTAR-SECTION 7 PRASE I-2013366.10.22-15 004243 DAP-BID PROPOSAL Page 5 or 6 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM CONTRACT 10/22/2015 MORNINGSTAR-SEC-770N 7,PHASE 1 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. Nfeasure Quantity UNIT V:STREET LIGHTING IMPROVEMENTS 9999.000() Rdwv Blum Assembly TY D-25-6,70W-ATBO-30B- 3441 20 EA 20 $33,180.0C TYPE 2-70W-NW-NL-711IN.Truss 33B,Pole Type 11 $1,659,0 3441.3301 Irurnishr'lnstall Rd"),illum Foundation TY 1 34 41 20 EA 20 5875,0 $17,500.0 2605.3015 '1 Inch Conduit PVC SCH 80(1') 26 05 33 LI' 2007 $7.121 $14,289.8 3441.3401 6-6-6 Triplex Alum Electric Conductor 3,441 10 CLP 2007 $2.241 $4,495.6 TOTAL UNIT V: STREET LIGHTING IMPROVEMENT $69,465.52 CTI'%'OF FORT WORTII STANDARD CONSTRUCTION SPECIFICATION DOCUNIENTS-DEVELOPER AWARDED PROJECTS I:orm Version April.2.^014 00 42,133-CONTRACT-DAP MORNINGSTAR-SECTION 7 PHASE I-201336G-10-22.15 004243 DAP-BID PROPOSAL Paye 6 or 6 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM CONTRACT 10122,2015 MORNINGSTAR-SECTION 7,PHASE 1 UNIT PRICE BIR Bidder's Application project Item Information Bidder's proposal Bidlist Item No Description specification Unit of Bid Unit Price Bid Value Section No. I ;Measure Quantity Bid Summary UNIT 1:WATER IMPROVEMENTS _ _ _ $274,763.80 UNIT It:SANITARY SEWER IMPROVEMENTS $290,991._00 UNIT 111: DRAINAGE IMPROVEMENTS T_ $191,645.00 UNIT IV: PAVING IMPROVEMENTS _ v v $661,369.27 UNIT V: STREET LIGHTING IMPROVEMENTS $69,465.52 Total Construction Bid $1,488,234.59 Contractor agrees to complete AYORK for FINAL ACCEPT INCE N days calendar daps after the date when the CONTRACT commences to run as provided in the General Conditions. END OF SEC"I'ION CITY 01°FORT WORT) STANDARD CONS'FRCCTION SPECII�ICATION DOCUNIEN'1'S-DEVELOPER AWARDED PROJECT'S Fonn Version April 2.2014 00 42 43-CONTRACT-DAP MORNINGSTAR-SECTION 7 PHASE i-2013360-10-22-15 UTILITY BIDS ('Water, Sanitary and Storm Suer) 0041 00 DAY BID FORM FOR PUBLICLY BID PROJECTS ONLY Page 100 SECTION 00 4100 DAP 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 7,PHASE 1 WATER,SANITARY SEWER,STORM SEWER,PAVING AND STREET LIGHTS IMPROVEMENTS City Project No.: 02629 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 anv 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 BID FORM—DEVELOPER AWARDED PROJECTS 00 4100 Bid Form—DAP.doex Form Revised April 2,2014 0041 00 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY Page 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. Prequalification The Bidder acknowledges that the fallowing 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. S. 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.docx Form Revised April 2,2014 00,41 00 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY Page 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 i Additive Alternate TOTAL BID 17-5 7. Bid Submittal This Bid is submitted on by the entity named below Respectfully submitted, %' Receipt is By: ����' � acknowledged of the Initial (Signature) following Addenda: 6L'I7all Addendum No. I Printed Name) Addendum No. 2 i Title: Wer�-7/- Addendum No. 3 <itle or Offce> i Company: f? r RX/11'7-1111Nf� it:�� �`` �, Addendum No. 4 <Company Name> Address: ] <Address> <AddressJif applicable, otherwise delette> J f If'L cO / <City, State, Zip Code> State of Incorporation: / Email: Phone: l % .o-1 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM-DEVELOPER AWARDED PROJECTS 044100 Bid Form-DAP.docx Form Revised April 2,2014 „)42 43 DAP-BID PROPOSAL Page I of 6 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM COST ESTIMATE 9/18'2015 MORNINGSTAR-SECTION 7,PHASE I UNIT PRIDE BID Bidder's Application Project Item Information Bidder's Proposal [idlist Item Specification Unit of Bid No Description Section No, Measure t�uantit} Unit Price Bid Value UNIT I:WATER'IMPROVE MEN S 3311.0161 6”Water Pipe 33 11 12 LF 30 S2600 $780.00 3311.0261 8"Water Pipe 33 1 112 LF 4,747 $29.001 $137,663.00 3312.3002 6"Gate Valve 33 1220 EA 6 $850.00 $5.100.00 3312.3003 8"Gate Valve 33 1220 EA 19 sq-50.0ol $18,050.00 3312.0117 lConnect.to Existing 4"-12"Water Main 33 1225 EA 2 $700.001 S1,400.00 3312.0001 Fire Htidrant 33 1240 FA 6 S3.40U01 520,400.00 3311.0001 Ductile Iron Water Fittings 33 11 11 TON 3 $5,400.001 $16,200.00 3305.0109 Trench Safetv 3305 10 LF 4,777 $0.40 $1,910.80 3312.2003 1"Water Service 33 12 10 EA 94 S780,00 573,320.00 TOTAL UNIT I:WATER IMPROMEMENTS1 $274,823.80 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIF7CAIION DOCUMENTS-DEVELOPER AWARDED PROJECTS Pum S'crsior,April 2,2014 Copy af00 42 43-COST ESTIMATE-DAP MORNINGSTAR-SECTION 7 PHASIi I-2013360-09-(8-1$ 004241 DAP-BID PROPOSAL. Page 2 of6 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM COSI ESr>MATE 91&2015 MORNINGSIAR-SECTION 7,PHASE 1 UNIT PRIDE BID Bidder's Application - Project Item Information Biddees Proposal Bidlist Iteg4'Manhole Specification Unit of' Bid NoDescription ilnit Price Bid Value Section Na. Measure Quantity UNIT If:SANITARY SEWER IMPROVEMENTS 3331.411 33 3120 LF 3,930 534,00 $133,620.00 3331.411kfill 33 11 10 LP 175 $74.00 512,950.00 3339.100 33 39 20 EA 21 531600.00 $75,600.00 3331.3101 4"Sewer Service,Two-way cleanout 33 31 50 LA 91 $385.00 $35,035.00 3301.0002 Post-CCTV Inspection 3301 31 LF 4,105 $2.80 S 11,494,00 3339.0002 Manhole Vacuum Testing 3301 30 EA 21 5150.00 $3,150.00 3339.0001 Epoxy Manhole Liner 33 39 60 VF 59 5250.00 $14,750.00 3305.0109 Tr rich Safety 3305 10 LF 4,105 50.40 S 1.642.00 3305.01 13 Trench Water Stops 3305 10 E,A 1 I S250.00 52,750.00 TOTAL UNIT If:SANITARY SEWER IMPROVEMENTS $290,991.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUhIFN'rS-DEt-TsLOPER A\YARDED PROJECTS Forth Version April 2,Nilo Cop}of 00 42 43-COST ESTINIATL-DAP MORNINGSrAR-SECTION 7 PHASE 1-2013360.09'•:5-15 0042 4i DAP-DID PROPOSAL, Nm 3 of 6 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM COST ESTIMATE 918 2015 -MORNINGSTAR-SECTION 7,PHASE I UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal BidN Item Specification Unit of Bid No, Description Section No. Measure Quantity Unit Price Bid Value UNIT III:DRAINAGE IMPROVEMENTS 3305.0109 Trench Satety 3305 10 Lr 1358 $0,501 $679.00 3341.0404 42"RCP,Class IQ 3341 10 LF 136 S115,001 $15,640,00 3341.0309 36"RCP,Class 111 3341 10 LF 41 $90.001 $3.690.00 3341.0302 30"RCP,Class 111 3341 10 LP 713 $68.001 $48.484.00 3341.0205 24"RCP,Class[if 334( 10 LF 468 S60,I)OI 528.080.00 3341.0203 21"RCP,Class 111 3341 10 Lr 154 S59.001 $8,932.00 3349.0001 4'Stonn Junction Box 3349 10 EA 2 S4,000,001 $8,000.00 3349.5002 t 5'Curb Inlet 33 49 20 EA 2 $5,000.00 S I Q000.00 3349,5003 20'Curb Inlet 33 49 20 EA 10 56,100.00 $61.000,00 3137.0104 Medium Stone,Riprap,dry 31 37 00 SY 84 585,00 $7,140,00 TOTAL UNIT Ill.DRAINAGE IMPROVEMENTS $191,645.00 CITV OF PORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Form Vere.ion April 2.2014 Copy or00 42 43-COST ESTIMATE-DAP MORNINGSCAR-SECTION 7 PHASE I-2013360-09-18.15 S u r e7F 11 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 Corp 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 Nine Hundred Thousand Dollars ($900 000 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: Z7 SureTec Insurance Company Michelle Harris, Aft rn -in-Fact Suretec Bid Bond Form Rev 1.1.06 ► SureTec Insurance Company THIS BUND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION j 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-Irving SureTec Insurance Company LIMITED POWER OF ATTORNEY [Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and ing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents e, 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 Attorneys)-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 20"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. SUPANp`° SURETEC INSURANCE COMPANY 1 By w i w i n Johnn 4noz Jr:' resident State of Texas ss: `� `o 'Zr �,'•., d County of Harris `/J *,. A hnnM�^°•� On this 21st day of March,A.D.2013 before me personally came John Knox Jr.,to me known,who,being by me duly sworn,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. "v JACQUELYN MALDONADO Notary Public ® state of Texas �•T6t h~ My Comm.Exp.5/18/2017 Jacq elyu 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 force 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 under my hand and the seal of said Company at Houston, Texas this day of_ A.D. .Bre tBeaty,oAmiqtW�ecetary Any instrument issued In excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST. PAVING BID 0041 00 DAP BID rORNI FOR PLIBLICLY BID PROJECTS ONLY Page 1 of SECTION 00 4100 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY TO: WILBOW-MORNINGSTAR DEVELOPMENT,CORP. 4131 N. CENTRAL EXPRESSWAY SUITE 900,LOCKBOX 13 DALLAS,TEX 75204 FOR: MORNINGSTAR—SECTION 7,PHASE 1 WATER,SANITARY SEWER, STORINI SEWER,PAVING AND STREET LIGHTS IMPROVEMENTS City Project No,: 02629 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. 23. 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 subunit 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 DID FORM—DEVELOPER AWARDED PROJECTS 00 4100 Bid Form—DAP.dotx Form Revised April 2,2014 OD 4100 DAP BM FORM FOR PUBLICv BID PROJEC'T'S ONLY 11ege 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. Prequalification 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(8-1JNCH DJAME TER AND SAMLLER) C. d. 4. Time of Completion 4.1, The Work will be complete for final Acceptance within I J D 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 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.doex Form Revised April 2,2014 004100 UAP BIO FOR14 FOR PUBLICLY BIO PROJECT'S ONLY Page 3 nr3 bid prices for each pay itern 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 j Alternate Bid ! Deductive Alternate Additive Alternate TOTAL BID 7. Bid Submittal �� This Bid is submitted on l,�'�!' (+",r J-I 1 by the entity named below Respectfully submitted, — ,�' Receipt is By: - - acknowledged of the Initial F _ (Signature) following Addenda: Addendum No. I (Printed Name) Addendurn No. 2 Title: L-f 1.`CA Q 1'7+ Addendum No. 3 Title or Office> Company, y)a-V iCY1t tAddendum No, 4 <Company Name> Address: _R 0. <Address> <Address if plicable,otherwise delete> <City, State, Zip Code> State of Incorporation: Email: �\^�\�T\/ Phone: ��— END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION 810 FORM—DEVELOPER AWARDED PROJECTS 00 4100 Bid Form—OAP.docx Form Revised April 2,2014 00 42 43 DAP-BID PROPOSAL Page 4 of 6 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM COST ESTIMATE 9!1812015 NIORNINGSTAR-SECTION 7,PHASE 1 UNIT PRICE BID Bidder's Application Project Item Information Bidders Proposal Bidlist Item Specification Unit of Bid No Description Unit Price Bid Value Section ho. Pleasure Quantity UNIT IV: PAVING IMPROVEMENTS 3213.0101 6"Cone Pvmt 32 13 13 SY 15,112 S34.00 5513,808.00 3211.0501 6"Lime Treatment 33 1129 Sy 16,094 53.00 S48,282.84 3211.0400 Hydrate Lime 32 11 29 TN 241.41 $175.00 S42,247.44 9999.0001 7.5"Cone Pvmt 32 13 13 Sy 475 539.00 518,525.00 3211.0502 8"time Treatment 32 11 29 SY 506 54.00 52,023.50 3211.0400 Hydrate Lime 32 11 29 TN, 10.12 5175.00 S1,771,45 3213.0301 1,4"Concrete Sidewalk 32 1320 SF 2137 S3.00 56,411.00 3313.0504 Barrier Free Ramp-Type R-1 32 1320 LA 16 S1,000.00 S 16.000.00 3441.4003 Famish&Install Ground Mount Sign Post and Sign 3441 30 EA 12 5650.00 S7,800.00 3217 2103 REFL Raised Marker TY 11 A:A-4 32 1723 EA 180 $5.00 5400.00 9999.0002 Street barricade(street dead ends) 31 3600 LF 90 540.00 53,600,00 TOTAL UNIT IV;PAVING IMPROVEMENTS1 $661,369.27 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUNIENTS-DEVELOPER AWARDED PROJECTS Form Version Aptil 2,2014 00 42 43-COST ESTIIIATE-UAP NIORNINGS'i AR-SFCTION 7 PHASE I-201336(;-09-18-15 .I,�_AI A Do TM — cument A310 2010 Bid Bond CONTRACTOR: SURETY: (Pante, legal status and address) (A'ame, legal status and principal place CONATSER CONSTRUCTION TX,L.P. of business) 5327 Wichita St. Fort Worth,TX 76119-6035 BERKLEY INSURANCE COMPANY 475 Steamboat Road This document has important legal Greenwich,CT 06830 consequences.Consultation with OWNER: an attorney is encouraged with (Pante, 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. (5%of Amount Bid) other party shall be considered plural where applicable. PROJECT: (Pante, location or address, and Project titunber, if arty) Morningstar-Sec.7 Ph.1 -City Project No.02629/D.O.E. No.7498 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 docurments,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 Owrier in accordance with the terns 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 flus 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 lire 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 Ute Owner and Contractor shall obtain[lie Surety's consent for an extension beyond sixty (60)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the tern Contractor in this Bond shall be deemed to be Subcontractor and file terns Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in die location of the Project, any, provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions confom ing to such statutory or other legal requirement shall be deemed incorporated herein. When so fumished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 201h day of October,2015 CONATSER CO TRUCTION TX,L.P. • (Prwcipa �i. (,Seal) (1'r nese ,- " BERKLEY INSURANCE COMPANY ! ��) (Sent) (Title) Robbi Morales,Attorney in Fact AIA Document A310'm—2010.Copyright 8 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; Don E. Cornell, vena DeLene Marshall;Sopliinie Hunter;Robbi Morales; or Kelly A. Westbrook of Aon Risk Services Southwest, 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.SS0,000,000.00), 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 '�AIITNESS WHEREOF, the Company has cause' these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this' ay of " d 1A L r Attest: Berkley Insurance Company (Seal) By ( ByHafte - r .�/ Ira S. a erman Je Senior Vice President&Secretary e r MIARNING: 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 daof f `' , 2015, by Ira S. Lederman and JeffreyM. Hafter who are sworn to me to be the Senior Vice President and Secreryand the Senior Vice Pre dent, respectively, of Berkley Insurance Company. MARIA C.RUNDBAKEN NOTARY PUBLIC �l✓ MY COMMISSION EXPIRES 4btarly4blic,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) Al _- Arpdxo� 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: Consume rP rotectionft_td i.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. STREET LIGHTS BID Quotation for Street Lights DaD�pCaDCa�' PROJECT Morningstar Ranch, Section 7, Phase 1 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 QUOTE DATE 10/20/15 817-478-4444 / estimating@iuctx.com EXPIRES 11/20/15 Includes Performance, Payment, and 2-Year Maintenance Bond. I em Item Description Quanti%�UOM Unit Price I Ext. Price 7V0t4 Rdwy Illum Assy(Type 11 pole with ATBO LED luminaire) 20 EA 1,659.00 33,180.00 Rdwy Illum Foundation Type 1 20 EA 875.00 17,500.00 2" Conduit PVC Sch 80 (T) 2,007 LF 7.12 14,289.84 6-6-6 Triplex Alum Conductor 2,007 LF 2.24 4,495.68 GRAND TOTAL: $69,465.52 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 or, a contract for Morningstar-Section 7, Phase I 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 by K ' _ ,� (Seal) OHIO FARMERS INSURANCE COMPANY Surety by Kyle ween y! ttorney-in-F t f