HomeMy WebLinkAboutContract 48283 CITY SECRETARYyJ b2��
CONTRACT NO.
Developer and Project Information Cover Sheet:
Developer Company Name: FG Aledo Development, LLC
Address, State,Zip Code: 3045 Lackland Dr.,Fort Worth,TX 76116
Phone&Email: 817-731-7595, kg@sableholdings.com
Authorized Signatory, Title: Kim Gill,President
Project Name and Brief Morningstar Sec.6 Ph.2
Description:
Project Location: FM 3325 Parker County
Plat Case Number: FP-16-012 Plat Name: Morningstar Development
Mapsco: 710-Z Council District: ETJ City Project Number: 100326
CFA Number: 2016-057 DOE Number: None
To be completed b toff:
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4
Received b � Date:
FOFFICIALECORD
City of Fort Worth,Texas ETARY
Standard Community Facilities Agreement He TX
CFA Official Release Date: 10.07.2015
Page 1 of 11
STANDARD COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No.
WHEREAS, FG Aledo Development, ("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 Sec.6 Ph.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 II, 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: 10.07.2015
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) .M!, Sewer (A-1) Paving (B) ��, Storm Drain (B-1) Street Lights &
Signs (C) Iii.
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 infrastiucture 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: 10.07.2015
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 the contractor(s) it hires to perform the construction work
contemplated herein to provide insurance equal to or in excess of the amounts
required by the City's standard specifications and contract documents for
developer-awarded infrastructure construction contracts. The City shall be
named as additional insured on all insurance required by said documents and
same will be evidenced on the Certificate of Insurance (ACORD or other state-
approved form) supplied by the contractor's insurance provider and bound in the
construction contract book.
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: 10.07.2015
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 allemed ne-likence 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 allezed nezl&ence 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: 10.07.2015
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: 10.07.2015
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: 10.07.2015
Page 7 of 11
Cost Summary Sheet
Project Name: Morningstar Sec. 6 Ph.2
CFA No.: 2016-057 DOE No.: 100326
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 $ 158,970.20
2.Sewer Construction $ 179,687.20
Water and Sewer Construction Total $ 338,657.40
B. TPW Construction
1.Street $ 347,462.50
2.Storm Drain $ 117,273.00
3.Street Lights Installed by Developer $ 58,870.00
4. Signals $ -
TPW Construction Cost Total $ 523,605.50
Total Construction Cost(excluding the fees): $ 862,262.90
Construction Fees:
C. Water/Sewer Inspection Fee(2%) $ 6,773.15
D. Water/Sewer Material Testing Fee(2%) $ 6,773.15
Sub-Total for Water Construction Fees $ 13,546.30
E. TPW Inspection Fee(4%) $ 18,589.42
F. TPW Material Testing(2%) $ 9,294.71
G. Street Light Inspsection Cost $ 2,354.80
H. Signals Inspection Cost $ -
H. Street Signs Installation Cost $ -
Sub-Total for TPW Construction Fees $ 30,238.93
Total Construction Fees: $ 43,785.23
Choice
Financial Guarantee Options,choose one Amount Mark one
Bond=100% $ 862,262.90
Completion Agreement=100%/Holds Plat $ 862,262.90 x
Cash Escrow Water/Sanitary Sewer=125% $ 423,321.75
Cash Escrow Paving/Storm Drain=125% $ 654,506.88
Letter of Credit=125%w/2yr expiration period $ 1,077,828.63
City of Fort Worth,Texas
Standard Community Facilities Agreement
CFA Official Release Date: 10.07.2015
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
FG Aledo Development,LLC
Jesus J. Chapa
Assistant City Manager Name: Kim Gill
Title: President
Date:
Date: � �,5��
/(O X6
Recommended by:
ATTEST: (Only if required by Developer)
Wendy C abulal, EMBA,P.E.
Development Engineering Manager Signature
Water Department Name:
LA� v. o
DouglaoV. Wiersig, P.E. V is OR
®eon
Director
Transportation&Public Works DepartmentQO�o
4 9�0
Approved as to Form &Legality: ATTEST: � o$�
a
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Richard A. McCracken Mary J. er
Assistant City Attorney City Secretary
M&C No. fih+
Date: 16112..11 k
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17.5 5 : A 14.
City of Fort Worth,Texas OFFICIAL RECORD
Standard Community Facilities Agreement
CFA Official Release Date: 10.07.2015 CITY SECRETARY
Page 9 of 11 FT,WORTH,TX
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
Location Map
a� Exhibit A: Water Improvments
I Water Cost Estimate
Exhibit A-1: Sewer Improvements
QX Sewer Cost Estimate
Exhibit B: Paving Improvements
Paving Cost Estimate
Exhibit B-1: Storm Drain Improvements
Storm Drain Cost Estimate
Exhibit C: Street 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: 10.07.2015
Page 10 of 11
ATTACHMENT"I"
Changes to Standard Agreement
Community Facilities Agreement
City Project No. 100326
None
City of Fort Worth,Texas
Standard Community Facilities Agreement
CFA Official Release Date: 10.07.2015
Page 11 of 11
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WATER NO. 59601-0600430-001580
WATER IMPROVEMENTS SANITARY SEWER NO. 59607-0700430-001380
MORNINGSTAR STREET/STORM DRAIN NO. W-2390
CITY PROJECT NO. 100326
SECTION 6, PHASE 2 X-23552
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SANITARY SEWER IMPROVEMENTS SANITARY SEWER NO. 59607-0700430-001380
MORNINGSTAR STREET/STORM DRAIN NO. W-2390
CITY PROJECT NO. 100326
SECTION 6, PHASE 2 X-23552
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2" TYPE D SURFACE COURSE,
4" TYPE B BASE COURSE
ON 6" LIME SUBGRADE
EXHIBIT "B"
WATER NO. 59601-0600430-001580
PAVING IMPROVEMENTS SANITARY SEWER NO. 59607-0700430-001380
MORNINGSTAR STREET/STORM DRAIN NO. W-2390
SECTION 6, PHASE 2 XIr23552JECT N0. 100326
WELCH ENGINEER -40, INC.
CONSUL TING ENG/NEE-!`?S
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EXHIBIT "B-1 "
WATER NO. 59601-0600430-001580
STORM DRAIN IMPROVEMENTS SANITARY SEWER NO. 59607-0700430-001380
MORNINGSTAR STREET/STORM DRAIN NO. W-2390
CITY PROJECT NO. 100326
SECTION 6, PHASE 2 X-23552
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■ -- PROPOSED GROUND BOX (100% DEVELOPER'S COST)
EXHIBIT "C"
STREET LIGHTS WATER NO. 59601-0600430-001580
SANITARY SEWER NO. 59607-0700430-001380
MORNINGSTAR STREET/STORM DRAIN NO. W-2390
SECTION 6, PHASE 2 CITY PROJECT NO. 100326
X-23552
WELCH NC.
CONSUL TING ENGINEERS
00 42 43
DAP-BID PROPOSAL
Page I of 7
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM CONTRACT 5/23/2016
MORNINGSTAR-SECTION 6,PHASE 2 CPN: 100326
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist
Specification Unit of Bid
Item Description Unit Price Bid Value
No Section No. Measure Quantity
UNIT I:WATER IMPROVEMENTS
1 3311.0161 6"Water Pipe 33 11 12 LF 15 $26.0 $390.0
2 331 1.0261 8"Water Pipe 33 11 12 LF 2;458 $29.5 $72,511.0
3 3312.3002 6"Gate Valve 33 1220 EA 3 $850.0 $2,550.0
4 3312.3003 8"Gate Valve 33 t2 20 EA 3 $950.0 $2,850.0
5 3312.0117 Connect.to Existing 4"-12"Water Main 33 1225 EA 3 $700.00 $2,100.0
6 3312.0001 Fire Hydrant 33 1240 EA 3 $3,400.00 $10,200.0(
7 3311.0001 Ductile Iron Water Fittings 33 11 11 TON 1.5 $5,400.00 $8,100.0
8 3305.0109 Trench Safety 3305 10 LF 2,473 $0.40 $989.2
9 3312.2003 1"Water Service 33 12 10 EA 76 $780.00 $59,280.0
TOTAL UNIT I:WATER IMPROVEMENT $158,970.20
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version April 2,2014 00 42 43-CONTRACT BIDS DAP MORNINGSTAR-SECTION 6 PHASE 2-201336E2-05-23-16
00 42 43
DAP-BID PROPOSAL
Page 2 of 7
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM CON'T'RACT 5/23/2016
MORNINGSTAR-SEC7I'ION 6,PHASE 2 CPN: 100326
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist
Specification Unit of Bid
Item Description Unit Price Bid Value
No. Section No. Measure Quantity
UNIT II:SANITARY SEWER IMPROVEMENTS
1 3331.41 15 8"Sewer Pipe 33 31 20 LF 997 $34.0 $33,898.0
2 3331.4208 12"Sewer Pipe 33 31 20 LF 802 $64.00 $51,328.0
3 3331.4209 12"Sewer Pipe,CSB Backfill 33 11 10 LF 40 $104.0 $4,160.0
4 3305.0116 Concrete Encasement 3305 10 LF 52 $50.00 $2,600.0
5 3339.1001 4'Manhole 33 39 20 EA 5 $3,600.00 $18,000.0
6 3339.1002 4'Drop Manhole 33 29 20 EA 2 $6,000.0 $12,000.0
7 3339.1003 4'Extra Depth Manhole 33 39 20 VF 43 $150.0 $6,450.0
8 3331.3101 4"Sewer Service,Two-way cleanout 3331 50 EA 95 $385.0 $36,575.0
9 3301.0002 Post-CCTV Inspection 33 01 31 LF 1,891 $2.80 $5,294.8
10 3301.0101 Manhole Vacuum Testing 33 01 30 EA 7 $150.oc $1,050.0
11 3339.0001 Epoxy Manhole Liner 33 39 60 VF 27 $225.00 $6,075.0
12 3305.0109 Trench Safety 3305 10 LF 1,891 $0.40 $756.4
13 9999.0001 Connect to Existing Sanitary Sewer Main 33 11 10 EA 1 $500.00 $500.0
14 3305.0113 Trench Water Stops 330510 EA 4 $250.00 $1,000.0
TOTAL UNIT If:SANITARY SEWER IMPROVEMENT $179,687.20
CITY OF FORT NORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Fomi Version April 2.2014 00 42 43-CONTRACT BIDS DAP MORNINGSTAR-SECTION 6 PHASE 2-201336E2-05-23-16
00 42 43
DAP-BID PROPOSAL
Page 3 of 7
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM CONTRACT 5/23/2016
MORNINGSTAR-SECTION 6,PHASE 2 CPN: 100326
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Specification Unit of Bid
Item Description Unit Price Bid Value
No. Section No. Measure Quantity
UNIT III: DRAINAGE IMPROVEMENTS
I 3305.0109 Trench Safety 3305 10 LF 558 $0.50 $279.0
2 3341.0409 48"RCP,Class 111 3341 10 LF 184 $135.0 $24,840.0
3 3341.0309 36"RCP,Class 1II 3341 10 LF 220 $90.00 $19,800.0
4 3341.0307 30"RCP,Class 111 3341 10 LF 98 $68.00 $6,664.0
5 3341.0205 24"RCP,Class III 3341 10 LF 56 $60.00 $3,360.0
6 3349.0001 4'Stonn Junction Box 3349 10 EA 1 $4,300.0 $4,300.0
7 3349.5002 15'Curb Inlet 33 49 20 EA 2 $6,000.0 $12,000.0
8 3349.5003 20'Curb Inlet 33 49 20 EA 4 $7,400.0 $29,600.0
9 36"TXDOT,2:1,30 Skew,CH-PW-S Headwall 33 49 40 EA 1 $4,200.0 $4,200.0
10 48"TXDOT,2:1,30 Skew,CH-PW-S Headwall 33 49 40 EA 1 $5,600.00 $5,600.0
11 3137.0104 Medium Stone,Riprap,dry 31 37 00 Sy 78 $85.00 $6,630,0
TOTAL UNIT III:DRAINAGE IMPROVEMENT $117,273.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Fom Version April 2,2014 00 42 43-CONTRACT BIDS DAP\40RNINGSTAR-SECTION 6 PHASE 2-201336E2-05-23-16
00 42 43
DAP-BID PROPOSAL
Page 4 of 7
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM CONTRACT 5/23/2016
MORNINGSTAR-SECTION 6,PRASE 2 CPN: 100326
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist
Item Description Specification Unit of Bid Unit Price Bid Value
No. Section No. Measure Quantity
UNIT IV: PAVING IMPROVEMENTS
1 3213.0101 6"Cone Pvmt 32 13 13 SY 8,133 $35.50 $288,721.5
2 3211.0501 6"Lime Treatment 32 1129 SY 8,662 $3.00 $25,986.0
3 3211.0400 Hydrate Lime 32 11 29 TN 130.00 $175.00 $22,750.0
4 3213.0301 4"Concrete Sidewalk 32 13 20 SF 300 $5.00 $1,500.0
5 3213.0501 Barrier Free Ramp-Type R-1 32 1320 EA 2 $1,000.00 $2,000.0
6 3441.4003 Furnish&Install Ground Mount Sign Post and Sign 3441 30 EA 8 $650.00 $5,200.0
7 3217.2103 REFL Raised Marker TY II A-A-4 32 1723 EA 116 $5.00 $580.0
8 9999.0002 Street Barricade(street deand ends) 31 36 00 LF 29 $25.00 $725.013
TOTAL UNIT IV: PAVING IMPROVEMENT $347,462.50
CITY OF FORT wORT'H
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version April 2,2014 00 42 43-CONTRACT BIDS DAP MORNINGSTAR-SECTION 6 PHASE 2-201336112-05-23-16
00 42 43
DAP-BID PROPOSAL
Page 5 of 7
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM CONTRACT 5/23/2016
MORNINGSTAR-SECTION 6,PHASE 2 CPN: 100326
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist
Specification Unit of Bid
Item Description Section No. Measure Quantity Unit Price FBd Value
No.
UNIT V:STREET LIGHTING IMPROVEMENTS
1 9999.0000 IIolophane-Columbia Aluminum Pole, Washington- 34 41 20 EA 13 $3,250.00 $42,250.0
14.5'Luminaire WFL-l00W-4K-AS-B-L5-H-PCS
2 3441.3001 Furnish/Install Rdwy Ilium Foundation TY 7 34 41 20 EA 13 $750.00 $9,750.0
3 2605.3015 2 Inch Conduit PVC SCH 80(T) 26 05 33 LF 687 $8.00 $5,496.0
4 3441.3401 #6 Triplex Alum Electric Conductor 3441 10 LF 687 $2.00 $1,374.0
TOTAL UNIT V:STREET LIGHTING IMPROVEMENT $58,870.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version April 2,2014 00 42 43-CONTRACT BIDS DAP MORNINGSTAR-SECTION 6 PHASE 2-201336E2-05-23-16
00 42 43
DAP-BID PROPOSAL
Page 7 of 7
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM CONTRACT 5/23/2016
MORNINGST'AR-SECTION 6,PHASE 2 CYN: 100326
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist
Specification Unit of Bid
Item Description Unit Price Bid Value
No. Section No. Measure Quantity
Bid Summary
UNIT I:WATER IMPROVEMENTS _ $158,970.20
UNIT II:SANITARY SEWER IMPROVEMENTS TT $179,687.20
UNIT III:DRAINAGE IMPROVEMENTS $117,273.00
UNIT IV: PAVING IMPROVEMENTS $347,462.50
UNIT V:STREET LIGHTING IMPROVEMENTS $58,870.00
Total Construction Bid $862,262.90
Contractor agrees to complete\YORK for FINAL ACCEPTANCE within #days +calendar days after the date when the
CONTRACT commences to run as provided in the General Conditions.
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version April 2,2014 00 42 43-CONTRACT BIDS DAP MORNINGSTAR-SECTION 6 PHASE 2-201336E2-05-23-16
STATE OF TEXAS
COUNTY OF PARKER
Whereas FG Aledo Development, LLC and FWFW Holdings, Inc. are the sole owners of a tract of land out
of the P.J. McClary Survey,Abstract No.907 and the J. Morris Survey,Abstract No. 927, and situated in
Parker County,Texas, and surveyed by Miller Surveying, Inc. of Hurst,Texas in February of 2016,said
tract being a portion of the same tract of land described in the deed to FG Aledo Development, LLC,
recorded as Document No. 2014-10308 in the Deed Records of Parker County,Texas, and being a
portion of the same tract of land described in the deed to FWFW Holdings, Inc., recorded as Document
No. 2014-10303 in said Records and being more particularly described by metes and bounds as follows:
Beginning at a 1/2 inch "MILLER 5665" capped steel rod found for the most northerly corner of Lot 63,
Block 53, Morningstar, an addition to Parker County,Texas according to the plat thereof recorded as
Document No. of the Plat Records of Parker County,Texas, said rod being in the
southeasterly right-of-way line of Star Creek Drive;
Thence North 64 degrees 39 minutes 14 seconds East with said right-of-way line a distance of 36.49 feet
to a 1/2 inch "MILLER 5665" capped steel rod set;
Thence North 25 degrees 20 minutes 46 seconds West with the easterly boundary line of said addition a
distance of 630.00 feet to the northerly right-of-way line Angel Trace Drive;
Thence North 64 degrees 39 minutes 14 seconds East with said northerly right-of-way line a distance of
0.86 feet to a 1/2 inch "MILLER 5665" capped steel rod set;
Thence North 25 degrees 20 minutes 46 seconds West a distance of 120.00 feet to a 1/2 inch "MILLER
5665" capped steel rod set;
Thence North 64 degrees 39 minutes 14 seconds East a distance of 657.26 feet to a 1/2 inch "MILLER
5665" capped steel rod set;
Thence North 25 degrees 20 minutes 46 seconds West a distance of 2.98 feet to a 1/2 inch "MILLER
5665" capped steel rod set;
Thence North 64 degrees 39 minutes 14 seconds East a distance of 305.01 feet to a 1/2 inch "MILLER
5665" capped steel rod set;
Thence South 30 degrees 34 minutes 02 seconds East a distance of 592.23 feet to a 1/2 inch "MILLER
5665" capped steel rod set;
Thence South 18 degrees 05 minutes 19 seconds East a distance of 94.23 feet to a 1/2 inch "MILLER
5665" capped steel rod set in the northerly boundary line of Lot 1X, Block 38, Morningstar, an addition
to Parker County,Texas according to the plat thereof recorded as Document No. of
said Plat Records;
Thence South 88 degrees 46 minutes 42 seconds West with said northerly boundary line a distance of
68.76 feet to a 1/2 inch "MILLER 5665" capped steel rod found;
Thence South 64 degrees 39 minutes 14 seconds West continuing with said northerly boundary line a
distance of 68.76 feet to a 1/2 inch "MILLER 5665" capped steel rod found;
Thence South 25 degrees 20 minutes 46 seconds East continuing with said northerly boundary line a
distance of 150.81 feet to a 1/2 inch "MILLER 5665" capped steel rod found;
Thence South 34 degrees 56 minutes 34 seconds West continuing with said northerly boundary line a
distance of 134.23 feet to a 1/2 inch "MILLER 5665"capped steel rod found;
Thence South 64 degrees 39 minutes 14 seconds West continuing with said northerly boundary line a
distance of 595.76 feet to a 1/2 inch "MILLER 5665" capped steel rod found for the most westerly corner
of said Lot 63;
Thence North 25 degrees 20 minutes 46 seconds West with the northeasterly boundary line of said Lot
63 a distance of 120.00 feet to the point of beginning and containing 18.294 acres of land, more or less;
005243-1
Developer Awarded Project Agreement
Page l of 4
1 SECTION 00 52 43
2 AGREEMENT
3
4 THIS AGREEMENT, authorized on .!R i- 14 is made by and between
5 the Developer, FG ALEDO DEVELOPMENT, LLC, authorized to do business in Texas
6 ("Developer") and D.T. UTILITY CONTRACTORS,INC., authorized to do business in Texas,
7 acting by and through its duly authorized representative, ("Contractor").
8 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as
9 follows:
10 Article 1. WORK
11 Contractor shall complete all Work as specified or indicated in the Contract Documents for the
12 Project identified herein.
13 Article 2.PROJECT
14 The project for which the Work under the Contract Documents may be the whole or only a part is
15 generally described as follows:
16 MORNINGSTAR—SECTION 6,PHASE 2
17
18 CITY PROJECT NO.: 100326
19
20 Article 3. CONTRACT TIME
21 3.1 Time is of the essence.
22 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract
23 Documents are of the essence to this Contract.
24 3.2 Final Acceptance.
25 The Work will be complete for Final Acceptance within 60 calendar days after the date
26 when the Contract Time commences to run as provided in Paragraph 2.04 of the Standard
27 City Conditions of the Construction Contract for Developer Awarded Projects.
28 3.3 Liquidated damages
29 Contractor recognizes that time is of the essence of this Agreement and that Developer
30 will suffer financial loss if the Work is not completed within the times specified in
31 Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of
32 the Standard City Conditions of the Construction Contract for Developer Awarded
33 Projects. The Contractor also recognizes the delays, expense and difficulties involved in
34 proving in a legal proceeding the actual loss suffered by the Developer if the Work is not
35 completed on time. Accordingly, instead of requiring any such proof, Contractor agrees
36 that as liquidated damages for delay (but not as a penalty), Contractor shall pay
37 Developer, ONE THOUSAND Dollars ($1,000.00) for each day that expires after the
38 time specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter
39 of Acceptance.
CITY OF FORT WORTH MORNINGSTAR—SECTION 6,PHASE 2
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 100326
Revised April 2,2014
005243-2
Developer Awarded Project Agreement
Page 2 of 4
40 Article 4. CONTRACT PRICE
41 Developer agrees to pay Contractor for performance of the Work in accordance with the Contract
42 Documents an amount in current funds of. FOUR HUNDRED FIFTY FIVE THOUSAND
43 NINE HUNDRED THIRTY DOLLARS AND FORTY CENT, ($455,930.40).
44 Article 5. CONTRACT DOCUMENTS
45 5.1 CONTENTS:
46 A. The Contract Documents which comprise the entire agreement between Developer and
47 Contractor concerning the Work consist of the following:
48 1. This Agreement.
49 2. Attachments to this Agreement:
50 a. Bid Form(As provided by Developer)
51 1) Proposal Form(DAP Version)
52 2) Prequalification Statement
53 3) State and Federal documents(project specific)
54 b. Insurance ACORD Form(s)
55 c. Payment Bond(DAP Version)
56 d. Performance Bond(DAP Version)
57 e. Maintenance Bond(DAP Version)
58 f. Power of Attorney for the Bonds
59 g. Worker's Compensation Affidavit
60 h. MBE and/or SBE Commitment Form(If required)
61 3. Standard City General Conditions of the Construction Contract for Developer
62 Awarded Projects.
63 4. Supplementary Conditions.
64 5. Specifications specifically made a part of the Contract Documents by attachment
65 or, if not attached, as incorporated by reference and described in the Table of
66 Contents of the Project's Contract Documents.
67 6. Drawings.
68 7. Addenda.
69 8. Documentation submitted by Contractor prior to Notice of Award.
70 9. The following which may be delivered or issued after the Effective Date of the
71 Agreement and, if issued, become an incorporated part of the Contract Documents:
72 a. Notice to Proceed.
73 b. Field Orders.
74 c. Change Orders.
75 d. Letter of Final Acceptance.
76
77
CITY OF FORT WORTH MORNINGSTAR—SECTION 6,PHASE 2
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 100326
Revised April 2,2014
005243-3
Developer Awarded Project Agreement
Page 3 of 4
78 Article 6. INDEMNIFICATION
79 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own
80 expense, the city, its officers, servants and employees, from and against any and all
81 claims arising out of, or alleged to arise out of, the work and services to be performed
82 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees
83 under this contract. This indemnification provision is specifically intended to operate
84 and be effective even if it is alleged or proven that all or some of the damages being
85 sought were caused,in whole or in part, by any act,omission or negligence of the city.
86 This indemnity provision is intended to include, without limitation, indemnity for
87 costs,expenses and legal fees incurred by the city in defending against such claims and
88 causes of actions.
89
90 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense,
91 the city,its officers,servants and employees,from and against any and all loss,damage
92 or destruction of property of the city,arising out of,or alleged to arise out of,the work
93 and services to be performed by the contractor, its officers, agents, employees,
94 subcontractors, licensees or invitees under this contract. This indemnification
95 provision is specifically intended to operate and be effective even if it is alleged or
96 proven that all or some of the damages being sought were caused, in whole or in part,
97 by any act,omission or negligence of the city.
98
99 Article 7.MISCELLANEOUS
100 7.1 Terms.
101 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of
102 the Construction Contract for Developer Awarded Projects.
103 7.2 Assignment of Contract.
104 This Agreement, including all of the Contract Documents may not be assigned by the
105 Contractor without the advanced express written consent of the Developer.
106 7.3 Successors and Assigns.
107 Developer and Contractor each binds itself, its partners, successors, assigns and legal
108 representatives to the other party hereto, in respect to all covenants, agreements and
109 obligations contained in the Contract Documents.
110 7.4 Severability.
111 Any provision or part of the Contract Documents held to be unconstitutional, void or
112 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all
113 remaining provisions shall continue to be valid and binding upon DEVELOPER and
114 CONTRACTOR.
115 7.5 Governing Law and Venue.
116 This Agreement, including all of the Contract Documents is performable in the State of
117 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the
118 Northern District of Texas,Fort Worth Division.
CITY OF FORT WORTH MORNINGSTAR—SECTION 6,PHASE 2
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 100326
Revised April 2,2014
005243-4
Developer Awarded Project Agreement
Page 4 of 4
119
120 7.6 Authority to Sign.
121 Contractor shall attach evidence of authority to sign Agreement, if other than duly
122 authorized signatory of the Contractor.
123
124 IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple
125 counterparts.
126
127 This Agreement is effective as of the last date signed by the Parties("Effective Date").
128
Contractor: Developer:
D.T. UTILITY CONTRACTORS, FG ALEDO DEVELOPMENT,LLC
INC.
By: By:
(Signature) (Signature)
Co 40W 76-)
(Printed Name) (Printed Name)
Title: U L-e �rel!& . Title:
Company Name: D.T.UTILITY Company name: FG ALEDO
CONTRACTORS,INC. DEVELOPMENT,LLC.
Address: 2619 CAUSBIE ROAD Address: 3045 LACKLAND BLVD.
City/State/Zip: WEATHERFORD,TX City/State/Zip: FORT WORTH,TEXAS 76116
76087
Date Date
129
CITY OF FORT WORTH MORNINGSTAR—SECTION 6,PHASE 2
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 100326
Revised April 2,2014
00 52 43-1
Developer Awarded Project Agreement
Page I or4
1 SECTION 00 52 43
2 AGREEMENT
3 k�.5'T ?0
4 THIS AGREEMENT, authorized on � is made by and between
5 the Developer, FG ALEDO DEVELOPMENT, LLC, authorized to do business in Texas
6 ("Developer") and CONATSER CONSTRUCTION TX, LP., authorized to do business in
7 Texas,acting by and through its duly authorized representative,("Contractor").
8 Developer and Contractor,in consideration of the mutual covenants hereinafter set forth,agree as
9 follows:
10 Article 1.WORK
11 Contractor shall complete all Work as specified or indicated in the Contract Documents for the
12 Project identified herein.
13 Article 2.PROJECT
14 The project for which the Work under the Contract Documents may be the whole or only a part is
15 generally described as follows:
16 MORNINGSTAR—SECTION 6, PHASE2
17
18 CITY PROJECT NO.: 100326
19
20 Article 3. CONTRACT TIME
21 3.1 Time is of the essence.
22 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract
23 Documents are of the essence to this Contract.
24 3.2 Final Acceptance.
25 The Work will be complete for Final Acceptance within 100 calendar days after the date
26 when the Contract Time commences to run as provided in Paragraph 2.04 of the Standard
27 City Conditions of the Construction Contract for Developer Awarded Projects.
28 3.3 Liquidated damages
29 Contractor recognizes that time is of the essence of this Agreement and that Developer
30 will suffer financial loss if the Work is not completed within the times specified in
31 Paragraph 3.2 above,plus any extension thereof allowed in accordance with Article 10 of
32 the Standard City Conditions of the Construction Contract for Developer Awarded
33 Projects. The Contractor also recognizes the delays, expense and difficulties involved in
34 proving in a legal proceeding the actual loss suffered by the Developer if the Work is not
35 completed on time. Accordingly, instead of requiring any such proof, Contractor agrees
36 that as liquidated damages for delay (but not as a penalty), Contractor shall pay
37 Developer ONE THOUSAND Dollars ($1,000.00) for each day that expires after the
38 time specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter
39 of Acceptance.
CITY OF FORT WORTH MORNINGSTAR—SECTION 6,PHASE 2
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS CITY PROJECT NOA00326
Revised April 2,2014
005243-2
Developer Awarded Prqiect Agreement
Page 2 of 4
40 Article 4. CONTRACT PRICE
41 Developer agrees to pay Contractor for performance of the Work in accordance with the Contract
42 Documents an amount in current funds of THREE HUNDRED FORTY SEVEN THOUSAND,
43 FOUR HUNDRED SIXTY TWO DOLLARS AND FIFTY CENTS,($347,462.50).
44 Article 5. CONTRACT DOCUMENTS
45 5.1 CONTENTS:
46 A. The Contract Documents which comprise the entire agreement between Developer and
47 Contractor concerning the Work consist of the following:
48 1. This Agreement.
49 2. Attachments to this Agreement:
50 a. Bid Forn(As provided by Developer)
51 1) Proposal Form(DAP Version)
52 2) Prequalification Statement
53 3) State and Federal documents Qn-oject sI)ecUic)
54 b. Insurance ACORD Fornr(s)
55 c. Payment Bond(DAP Version)
56 d. Performance Bond(DAP Version)
57 e. Maintenance Bond(DAP Version)
58 £ Power of Attorney for the Bonds
59 g. Worker's Compensation Affidavit
60 h. MBE and/or SBE Commitment Form(If required)
61 3. Standard City General Conditions of the Construction Contract for Developer
62 Awarded Projects.
63 4. Supplementary Conditions.
64 5. Specifications specifically made a part of the Contract Documents by attachment
65 or, if not attached, as incorporated by reference and described in the Table of
66 Contents of the Project's Contract Documents.
67 6. Drawings.
68 7. Addenda.
69 8. Documentation submitted by Contractor prior to Notice of Award.
70 9. The following which may be delivered or issued after the Effective Date of the
71 Agreement and,if issued,become an incorporated part of the Contract Documents:
72 a. Notice to Proceed.
73 b. Field Orders.
74 c. Change Orders.
75 d. Letter of Final Acceptance.
76
77
CITY OF FORT WORTH MORNINGSTAR—SECTION 6,PHASE 2
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS CITY PROJECT NO.:100326
Revised April 2,2014
005243-3
Developer Awarded Project Agreement
Page 3 of 4
78 Article 6. INDEMNIFICATION
79 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own
80 expense, the city, its officers, servants and employees, from and against any and all
81 claims arising out of, or alleged to arise out of, the work and services to be performed
82 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees
83 under this contract. This indemnification provision is specifically intended to operate
84 and be effective even if it is alleged or proven that all or some of the damages being
85 sought were caused, in whole or in part, by any act, omission or negligence of the city.
86 This indemnity provision is intended to include, without limitation, indemnity for
87 costs, expenses and legal fees incurred by the city in defending against such claims and
88 causes of actions.
89
90 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense,
91 the city,its officers,servants and employees,from and against any and all loss,damage
92 or destruction of property of the city,arising out of,or alleged to arise out of,the work
93 and services to be performed by the contractor, its officers, agents, employees,
94 subcontractors, licensees or invitees under this contract. This indemnification
95 provision is specifically intended to operate and be effective even if it is alleged or
96 proven that all or some of the damages being sought were caused, in whole or in part,
97 by any act,omission or negligence of the city.
98
99 Article 7.MISCELLANEOUS
100 7.1 Terms.
101 Terns used in this Agreement are defined in Article 1 of the Standard City Conditions of
102 the Construction Contract for Developer Awarded Projects.
103 7.2 Assignment of Contract.
104 This Agreement, including all of the Contract Documents may not be assigned by the
105 Contractor without the advanced express written consent of the Developer.
106 7.3 Successors and Assigns.
107 Developer and Contractor each binds itself, its partners, successors, assigns and legal
108 representatives to the other party hereto, in respect to all covenants, agreements and
109 obligations contained in the Contract Documents.
110 7.4 Severability.
111 Any provision or part of the Contract Documents held to be unconstitutional, void or
112 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all
113 remaining provisions shall continue to be valid and binding upon DEVELOPER and
114 CONTRACTOR.
115 7.5 Governing Law and Venue.
116 This Agreement, including all of the Contract Documents is performable in the State of
117 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the
118 Northern District of Texas,Fort Worth Division.
CITY OF FORT WORTH MORNINGSTAR—SECTION 6,PHASE 2
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS CITY PROJECT NOA00326
Revised April 2,2014
00 52 43-4
Developer Awarded Project Agreement
Page 4 of 4
119
120 7.6 Authority to Sign.
121 Contractor shall attach evidence of authority to sign Agreement, if other than duly
122 authorized signatory of the Contractor.
123
124 IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple
125 counterparts.
126
127 This Agreement is effective as of the last date signed by the Parties ("Effective Date").
128
Contractor: Developer:
CONATSER CONSTRUCTION TX, FG ALEDO DEVELOPMENT,LLC
L.P.
By: `f By:
(Sig re) (Signature)
BROCK HUGGINS V e;�;///
(Printed Name) (Printed Name)
Title: PRESIDENT Title: /�aD ef__��_
Company Name: CONATSER Company name: FG ALEDO
CONSTRUCTION TX,L.P. DEVELOPMENT,LLC.
Address: P.O. Box 15448 Address: 3045 LACKLAND BLVD.
City/State/Zip: FORT WORTH,TX City/State/Zip: FORT WORTH,TEXAS 76116
76119
clue, /�/' A124
Date Date
129
CITY OF FORT WORTH MORNINGSTAR—SECTION 6,PHASE 2
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS CITY PROJECT NOA00326
Revised April 2,2014
005243-1
Developer Awarded Project Agreement
Page i of 4
1 SECTION 00 52 43
2 AGREEMENT
3 f'IG�Lr/r[�y
4 THIS AGREEMENT, authorized on G, is made by and between
5 the Developer, FG ALEDO DEVELOPMENT, LLC, authorized to do business in Texas
6 ("Developer") and BEAN ELECTRIC, INC., authorized to do business in Texas, acting by and
7 through its duly authorized representative, ("Contractor").
8 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as
9 follows:
10 Article 1.WORK
11 Contractor shall complete all Work as specified or indicated in the Contract Documents for the
12 Project identified herein.
13 Article 2.PROJECT
14 The project for which the Work under the Contract Documents may be the whole or only a part is
15 generally described as follows:
16 MORNINGSTAR—SECTION 6,PHASE 2
17
18 CITY PROJECT NO.: 100326
19
20 Article 3. CONTRACT TIME
21 3.1 Time is of the essence.
22 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract
23 Documents are of the essence to this Contract.
24 3.2 Final Acceptance.
25 The Work will be complete for Final Acceptance within 90 calendar days after the date
26 when the Contract Time commences to run as provided in Paragraph 2.04 of the Standard
27 City Conditions of the Construction Contract for Developer Awarded Projects.
28 3.3 Liquidated damages
29 Contractor recognizes that time is of the essence of this Agreement and that Developer
30 will suffer financial loss if the Work is not completed within the times specified in
31 Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of
32 the Standard City Conditions of the Construction Contract for Developer Awarded
33 Projects. The Contractor also recognizes the delays, expense and difficulties involved in
34 proving in a legal proceeding the actual loss suffered by the Developer if the Work is not
35 completed on time. Accordingly, instead of requiring any such proof, Contractor agrees
36 that as liquidated damages for delay (but not as a penalty), Contractor shall pay
37 Developer, ONE THOUSAND Dollars ($1,000.00) for each day that expires after the
38 time specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter
39 of Acceptance.
CITY OF FORT WORTH MORNINGSTAR—SECTION 6,PHASE 2
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS CITY PROJECT NO.:100326
Revised April 2,2014
005243-2
Developer Awarded Project Agreement
Page 2 of 4
40 Article 4. CONTRACT PRICE
41 Developer agrees to pay Contractor for performance of the Work in accordance with the Contract
42 Documents an amount in current funds of. FIFTY EIGHT THOUSAND EIGHT HUNDRED
43 SEVENTY DOLLARS AND NO CENTS,($58,870.00).
44 Article 5. CONTRACT DOCUMENTS
45 5.1 CONTENTS:
46 A. The Contract Documents which comprise the entire agreement between Developer and
47 Contractor concerning the Work consist of the following:
48 1. This Agreement.
49 2. Attachments to this Agreement:
50 a. Bid Form(As provided by Developer)
51 1) Proposal Form(DAP Version)
52 2) Prequalification Statement
53 3) State and Federal documents(project specific)
54 b. Insurance ACORD Form(s)
55 c. Payment Bond(DAP Version)
56 d. Performance Bond(DAP Version)
57 e. Maintenance Bond(DAP Version)
58 f. Power of Attorney for the Bonds
59 g. Worker's Compensation Affidavit
60 h. MBE and/or SBE Commitment Form(If required)
61 3. Standard City General Conditions of the Construction Contract for Developer
62 Awarded Projects.
63 4. Supplementary Conditions.
64 5. Specifications specifically made a part of the Contract Documents by attachment
65 or, if not attached, as incorporated by reference and described in the Table of
66 Contents of the Project's Contract Documents.
67 6. Drawings.
68 7. Addenda.
69 8. Documentation submitted by Contractor prior to Notice of Award.
70 9. The following which may be delivered or issued after the Effective Date of the
71 Agreement and, if issued, become an incorporated part of the Contract Documents:
72 a. Notice to Proceed.
73 b. Field Orders.
74 c. Change Orders.
75 d. Letter of Final Acceptance.
76
77
CITY OF FORT WORTH MORNINGSTAR—SECTION 6,PHASE 2
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS CITY PROJECT NO.:100326
Revised April 2,2014
005243-3
Developer Awarded Project Agreement
Page 3 of 4
78 Article 6.INDEMNIFICATION
79 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own
80 expense, the city, its officers, servants and employees, from and against any and all
81 claims arising out of, or alleged to arise out of,the work and services to be performed
82 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees
83 under this contract. This indemnification provision is specifically intended to operate
84 and be effective even if it is alleged or proven that all or some of the damages beim
85 sought were caused, in whole or in part, by any act, omission or nel!liEence of the city.
86 This indemnity provision is intended to include, without limitation, indemnity for
87 costs,expenses and legal fees incurred by the city in defending against such claims and
88 causes of actions.
89
90 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense,
91 the city,its officers,servants and employees,from and against any and all loss,damage
92 or destruction of property of the city,arising out of,or alleged to arise out of,the work
93 and services to be performed by the contractor, its officers, agents, employees,
94 subcontractors, licensees or invitees under this contract. This indemnification
95 provision is specifically intended to operate and be effective even if it is alleLyed or
96 proven that all or some of the damaLes being soualit were caused, in whole or in part,
97 by any act,omission or negligence of the city,
98
99 Article 7.MISCELLANEOUS
100 7.1 Terms.
101 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of
102 the Construction Contract for Developer Awarded Projects.
103 7.2 Assignment of Contract.
104 This Agreement, including all of the Contract Documents may not be assigned by the
105 Contractor without the advanced express written consent of the Developer.
106 7.3 Successors and Assigns.
107 Developer and Contractor each binds itself, its partners, successors, assigns and legal
108 representatives to the other party hereto, in respect to all covenants, agreements and
109 obligations contained in the Contract Documents.
110 7.4 Severability.
111 Any provision or part of the Contract Documents held to be unconstitutional; void or
112 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all
113 remaining provisions shall continue to be valid and binding upon DEVELOPER and
114 CONTRACTOR.
115 7.5 Governing Law and Venue.
116 This Agreement, including all of the Contract Documents is performable in the State of
117 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the
118 Northern District of Texas,Fort Worth Division.
CITY OF FORT WORTH MORNINGSTAR—SECTION 6,PHASE 2
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS CITY PROJECT NO.:100326
Revised April 2,2014
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Developer Awarded Project Agreement
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119
120 7.6 Authority to Sign.
121 Contractor shall attach evidence of authority to sign Agreement, if other than duly
122 authorized signatory of the Contractor.
123
124 IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple
125 counterparts.
126
127 This Agreement is effective as of the last date signed by the Parties("Effective Date").
128
Contractor: Developer:
FG ALEDO DEVELOPMENT,LLC
BEAN ELECT A C.
By: By:
ignature) (Signature)
A, 40 1//
(Printed Name) (Printed Name)
Title: %ie President Title:
Company Name: BEAN Company name: FG ALEDO
ELECTRICAL,INC. DEVELOPMENT,LLC.
Address: 821 E. Enon Address: 3045 LACKLAND BLVD.
City/State/Zip: City/State/Zip:
FORT WORTH,TX 76140 FORT
WORTH,TEXAS 76116
.- 2_0 1,6
Date Date
129
CITY OF FORT WORTH MORNINGSTAR—SECTION 6,PHASE 2
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS CITY PROJECT NO.:100326
Revised April 2,2014