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Home My WebLink AboutContract 49236 CITY SECRETARY CONTRACT NO. COMMUNITY FACILITIES AGREEMENT WITH CITY OVERSIZING PARTICIPATION Developer Company Name: FG Aledo Development, LLC QM _ Address,State,Zip Code: 3045 Lackland Dr. ,Fort Worth TX 76116 Phone&Email: 817-731-7595,kgili@sableholdings.com o � 2017 Authorized Signatory,Title: Kim Gill,President City xt}Rr CP ctrys"w womqy y a� Project Name and Brief Morningstar Section5,Phase 2 Description: b Z ► YLd Project Location: FM 3325 Parker County Plat Case Number: FP-16-011 Plat Name: Morningstar Development Mapsco: 710-Z Council District: ETJ City Project Number: 100325 CFA Number: 2016-055 DOE Number: None To be completed by�: Received by:_ U' Date:_ ✓ / City of Fort Worth,Texas OFFICIAL.RECORD Standard Community Facilities Agreement with City Participation CITY SECRETARY CFA Official Release Date:07.30.2015 Page 1 of 11 FTS WORTH,TX COMMUNITY FACILITIES AGREEMENT WITH CITY OVERSIZING PARTICIPATION THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. WHEREAS, FG Aledo Development, LLC , ("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 5 Phase 2 ("Project")within the City of Fort Worth, Texas("City"); and WHEREAS, the City has reviewed the proposed Improvements and desires to have the Developer oversize the proposed Improvements to provide capacity for future development in the area("Oversized Improvements"); 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; and WHEREAS, the City has reviewed the Project and desires to participate in the Project in accordance with this Agreement as presented by the Cost Summary Table and Exhibits attached hereto and authorized by City Council via M&C C-27 5 Z on Oc--6h-u-1 i,20-L4,, ;and WHEREAS, The City's cost participation shall be in an amount not to exceed VA"' 40 ("Participation"); and WHEREAS, the City has requested the Developer to cause, and the Developer agrees to cause, the design, permitting and construction of the Project for which the City will, subject to City Council approval, reimburse the Developer for the City's portion of those costs after City's final acceptance of 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 200I, 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 City of Fort Worth,Texas Standard Community Facilities Agreement with City Participation CFA Official Release Date:07.30.2015 Page 2 of 11 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 I1, 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) to submit a signed affidavit of bills paid signed by its contractor 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 their contract. C. Developer agrees to cause the construction of the Improvements contemplated by this Agreement and that said construction shall be completed in a good and workmanlike manner and in accordance with all City standards and the City-approved construction plans, specifications and cost estimates provided for the Project and the exhibits attached hereto. D. The following checked exhibits describe the Improvements and are incorporated herein: Water (A) , Sewer (A-1) , Paving (B) , Storm Drain (B-1) ,^ , Street Lights & Signs (C) . E. The Developer shall award all contracts for the construction of community facilities in accordance with Section I1, paragraph 7 of the Policy and the contracts for the construction of the public infrastructure shall be administered in conformance with paragraph 8, Section 11, 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 City of Fort Worth,Texas Standard Community Facilities Agreement with City Participation CFA Official Release Date:07.30.2015 Page 3 of 11 (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. 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 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. City of Fort Worth,Texas Standard Community Facilities Agreement with City Participation CFA Official Release Date:07.30.2015 Page 4 of 11 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. 1. 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. City will be responsible for the costs of utility relocation necessitated by the City's participation in this Agreement. 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 (including death) or damages sustained by any persons 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, his contractors, subcontractors, officers, agents or employees, or in consequence of any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of said Developer, its contractors, sub-contractors, officers, agents or employees. M. The 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 iniuries, 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 City of Fort Worth,Texas Standard Community Facilities Agreement with City Participation CFA Official Release Date:07.30.2015 Page 5 of 11 contractors to indemnify and hold harmless the City for any losses, damages, costs or expenses suffered by the City or caused as a result of said contractor's failure to complete the work and construct the improvements in a good and workmanlike manner,free from 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 and further apportioned in the Cost Summary Table below 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 necessary for Developer's portion of the Project. P. COMPLETION WITHIN 2 YEARS i. The City's obligation to participate (exclusive of front foot charges) in this Agreement shall terminate if the Improvements are not completed 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 (1) additional year. If the Improvements are not completed within such extension period, there will be no further obligation of the City to City of Fort Worth,Texas Standard Community Facilities Agreement with City Participation CFA Official Release Date:07.30.2015 Page 6 of 11 participate. City participation in this CFA shall be subject to the annual availability of City funds as approved by the City Council. ii. Subject to paragraph i, above, the City shall reimburse Developer for the City's costs upon presentation of proper documentation of completion of installation of the Oversized Improvements. iii. 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. iv. 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 the end of two (2) years from the date of this Agreement(and any extension period)the Improvements have not been completed and accepted. V. The City may utilize the Developer's financial guarantee to cause the payment of costs for construction of the Improvements 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 with City Participation CFA Official Release Date:07.30.2015 Page 7 of 11 COST SUMMARY TABLE Developer's Cost City's Cost Total Cost A.Water and Sewer Construction 1. Water $ 176,508.00 $ 63,801.00 $ 240,309.00 2. Sewer $ 102,071.00 $ 102,071.00 Contingency(15%) $ 9,571.00 $ 9,571.00 Water Construction Cost Sub-Total $ 278,579.00 $ 73,372.00 $ 351,951.00 B.TPW Construction 1. Paving $ 278,651.83 $ 278,651.83 2. Storm Drain $ - 3. Street Lights $ 45,620.00 $ 45,620.00 4.Traffic Signal $ - TPW Construction Cost Sub-Total $ 324,271.83 $ - $ 324,271.83 Total Construction Cost $ 602,850.83 $ 73,372.00 $ 676,222.83 Construction Fees: C. Water/Sewer Inspection Fee (2%) $ 5,571.58 $ 1,277.00 $ 6,848.58 D. Water/Sewer Material Testing Fee(2%) $ 5,571.58 $ 1,277.00 $ 6,848.58 Water Construction Fees Sub-Total $ 11,143.16 $ 2,554.00 $ 13,697.16 E. TPW Inspection Fee $ 11,146.07 $ - $ 11,146.07 F. TPW Material Testing Fee $ 5,573.04 $ - $ 5,573.04 G. Street Light Inspection Fee $ 1,824.80 $ - $ 1,824.80 H. Traffic Signal Inspection Fee $ - $ - $ - l. Street Signs Installation Cost $ - $ - $ - J.Civil/Geotechnical Engineering&Survey(20%) $ - $ - TPW Construction Fees Subtotal $ 18,543.91 $ - $ 18,543.91 Total Construction Fees $ 29,687.07 $ 2,554.00 $ 32,241.07 TOTAL PROJECT COST $ 632,537.90 $ 75,926.00 $ 708,463.90 Financial Guarantee Options, choose one Amount Choice Mark one Completion Agreement= 100%/Holds Plat $ 632,537.90 The costs stated herein may be based upon construction estimates rather than actual costs. The City's portion of inspection and material testing fees are directly allocated to the City's accounts for charges and does not reimburse the Water Inspection and Material Testing Fees to the Developer.The City's participation estimate shall be limited to the unit prices contained in City of Fort Worth Ordinance No. 19192-06-2010, as amended,("Unit Price Ordinance")or as determined by public competitive bid. The City's cost participation(excluding inspection and material testing fees)is not a lump sum amount and may be less than stated above depending upon actual quantities as shown on the Notice of Final Completion package(`Green sheet')and based on unit prices from the construction contract documents. In no event shall the City pay more per unit than as determined pursuant to the Unit Price Ordinance or public competitive bid. City of Fort Worth,Texas Standard Community Facilities Agreement with City Participation CFA Official Release Date:07.30.2015 Page 8 of 11 Check items associated with the project being undertaken; checked items must be included as Attachments to this Agreement Included Attachment IN Attachment 1 -Changes to Standard Community Facilities Agreement f Location Map C Exhibit A:Water Improvements 1 Water Cost Estimate Exhibit A-1: Sewer Improvements fel Sewer Cost Estimate CSI Exhibit B: Paving Improvements IN Paving Cost Estimate Exhibit B-1: Storm Drain Improvements Storm Drain Cost Estimate D Exhibit C: Street Lights and Signs Improvements IJ Street Lights and Signs Cost Estimate (Remainder of Page Intentionally Left Blank) City of Fort Worth,Texas Standard Community Facilities Agreement with City Participation CFA Official Release Date:07.30.2015 Page 9 of 11 ATTACHMENT"I" Changes to Standard Agreement Community Facilities Agreement City Project No. 100325 None City of Fort Worth,Texas Standard Community Facilities Agreement with City Participation CFA Official Release Date:07.30.2015 Page 10 of 11 IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be executed in quadruplicate in its name and on its behalf by its Assistant City Manager, attested by its City Secretary, with the corporate seal of the City affixed, and said Developer has executed this instrument in quadruplicate, effective as of the date subscribed by the City's designated City Manager. CITY OF FORT WORTH DEVELOPER FG Aledo Development,LLC Jesus J. Chapa Name: 1K GRI Assistant City Manager Title: President Date: Date: Ayel-aSr pZ016 — ATTEST: (Only if required by Recommended by: Developer) Wendy Chi-Babulal, EMBA, P.E. Signature Development Engineering Manager Name Water Department` Johnarm Dougla W. Wiersig, P.E. Direct Director Water Department Transportation&Public Works Department Approved as to Form &Legality: ATTEST: pFFp� Richard A. McCracken 47-7/1[to Mary J. a Assistant City Attorney City Secr y Z' M&C No. C-2.745 " S Date: jok I Fes- t2yS; a��i.�--J t j 2g5' City of Fort Worth,Texas LOFFICIALRECFT]X Standard Community Facilities Agreement with City ParticipationCFA Official Release Date:07.30.2015 CRETPage I1 of I1 RTH, Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. ate: Janie S. Morales Development Manager OAK < 7" CA TION SECTION 5 PHASE 1 W`s MORNING MIST TR. OLD WEATHERFORD N.T.S. OLD WEATHERFORD PATTERSON CHAPIN 0 7c�p3 81 Mw 1rS Underwood Cemetery—` ION 2 �ALEDO z < UNION PACIFIC R. WATER NO. 59601-0600430-001580 LOCATION MAP SANITARY SEWER NO. 59607-0700430-001380 MORNINGSTAR STREET/STORM DRAIN NO. W-2389 CY SECTION 5, PHASE 2 X-IT2355PR0JECT NO. 1003251 WEL,cH Ewouqimpuimo, INC. CONSULTING ENGINEERS \ o S> 1 0 ti mw ?n0,� rc IU > o 1 t' a .y l PROP. 8'W T` PROP 81"W PROP. 8"W 1, yl !' I A I 1 i t / EXIST. 8'W PROP 8"W I " SA LILY WAY f fN PROP. WIN I f7 i PROP. 8",W \� ExisT 8'w I i` EVERLY CT' iF tzsr. ew 0 itIORNINGSTAR ' 1 ` SECTION 5 ,s PHASE 1 I , E`,175r. 8"w { PRIMROSE GARDEN CTyj l� �. J ��N PROP. 161Wj EXIST. 8'w 1 12 PROP, 8"W EXIST, B w HOLLY BAY CT _ ■ Ex�sr. I�w ��,�- PIP 100 DEVELOPER'S COST _8" WATER LINES, FIRE HYDRANTS, GATE VALVES AND ASSOCIATED APPURTENANCES CITY PARTICIPATION ►� 16" WATER UNE, GATE VALVES AND ASSOCIATED APPURTENANCES SCALE: 1"=300' EXHIBIT "A" WATER NO. 59601-0600430-001580 WATER IMPROVEMENTS SANITARY SEWER NO. 59607-0700430-001380 MORNINGSTAR STREET/STORM DRAIN NO. W-2389 CITY SECTION 5, PHASE 2 X 2355�JECT N0. 100325 WELCH ENGINEERING, I NC. CONSUL TING ENGINEERS 0 1i W PROP. 8"S5 a . PROP. 8"SS PROP. 8"SS ......... '., `,.... .,/ \\off SARALILY WAY a /PROP. ess t s•s / E 5. � x/st e SS �+ %p-.c U I y I ...,. .�.._ t- �, .. PROP. 8 SSE�St `� 1\ AST o y EVE LY CT \\ y ! I £xrsr 8'55 £xrsr. 8W `` SECTION 5 PHASE 1 2 { , PRIMROSE GARDEN CT IA, !' Exist e'ss .r r 55 —1 LT !,.�I £X/ST. 8 Ss I HOLLY BAY CT / LEXIST. 8-SS \ { ! { 100% DEVELOPER'S COST �--- 8" SANITARY SEWER LINES AND ASSOCIATED APPURTENANCES EXHIBIT "A-1" SCALE: 1"=300' WATER NO. 59601-0600430-001580 SANITARY SEWER IMPROVEMENTS SANITARY SEWER NO. 59607-0700430-001380 MORNINGSTAR STREET/STORM DRAIN NO. W-2389 CY SECTION 5, PHASE 2 Xi 23550JECT N0. 100325 WELCH EWC7 NEF:RH'gG, I NC. CONSULTING ENGINEERS °° loz� it Wog tt o i tt Z ti \ 9 N SARACILY ,WAY ;K i I so' Row. I I { K o.tp mm ,n EVERLY Cr 8o so'R. 0. sr B-B o Li i' 3 MORNINGSTAR I a SECTION 5 , PHASE -I l PRIMROSE oGA RDE CT .cR00 � I; HOLLY BAY CT { sq' R.o.w. t, 100% DEVELOPER'S COST 6" PAVEMENT W/2X CROSS SLOPE ON 6" LIME SUBGRADE 100% DEVELOPER'S COST 2" TYPE D SURFACE COURSE, 4" TYPE B BASE COURSE ON 6" LIME SUBGRADE EXHIBIT "B„ SCALE: 1"=300' WATER NO. 59601-0600430-001580 PAVING IMPROVEMENTS SANITARY SEWER NO. 59607-0700430-001380 MORNINGSTAR STREET/STORM DRAIN NO. W-2389 CY SECTION 5, PHASE 2 XI 23550JECT N0. 100325 WF.1,CH ENGINEF; IJNG, INC. CONSUL TING ENG/NEERS r 0 z I ft SARALILY WAY I o i it EVERLY CT \` I i MORNINGSTAR i t SECTION 5 PHASE 1 n {' PRIMROSE GARDEN CT %! ( HOLLY BAY CT i w� *-- PROPOSED STREET LIGHT (10090 DEVELOPER'S COST) -- PROPOSED STREET SIGN (100% DEVELOPER'S COST) ■ -- PROPOSED GROUND BOX (10096 DEVELOPER'S COST) EXHIBIT "C„ SCALE: 1"=300' WATER NO. 59601-0600430-001580 STREET LIGHTS SANITARY SEWER NO. 59607-0700430-001380 MORNINGSTAR STREET/STORM DRAIN NO. W-2389 CY SECTION 5, PHASE 2 Xi 23550JECT NO. 100325 WELCH ENGINEERING, I NC. CONSUL TING ENGINEERS 00 42 43 DAP-BID PROPOSAL Page 1 or 7 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM CONTRACT 5/20/2016 MORNINGSTAR-SECTION 5,PHASE 2 CPN: 100325 UNIT PRICE BID Bidder's Application Project Item Information Bidders 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 30 $26.00 $780.0 2 3311.0261 8"Water Pipe 33 11 12 LF 1,607 $29.50 $47,406.5 3 3311.0541 16"Water Pipe 33 11 12 LF 1,404 $65.00 $91,260.0 4 3312.3002 6"Gate Valve 33 1220 EA 1 $850.00 $850.0 5 3312.3003 8"Gate Valve 33 1220 EA 5 $950.00 $4,750.0 6 3312.3006 16"Gate Valve w,/Vault 33 1220 EA 2 $14,000.0 $28,000.0 7 3312.01 17 Connect.to Existing 4"-12"Water Main 33 1225 EA 5 $800.0 $4,000.0 8 3312.0001 Fire Hydrant 33 1240 EA 1 $3,400.0 $3,400.0 9 331 1.0001 Ductile Iron Water Fittings 33 11 11 TON 3 $52400.0 $16,200.0 10 3305.0109 Trench Safety 33 05 10 LF 3,041 $0.4C $1,216.4 11 3312.2003 1"Water Service 33 12 10 EA 38 S780.0C $29,640.0 12 3312.1002 2"Combination Air Valve assembly for Water 34 1230 EA 1 S7,800.0C $7,800.0 13 3312.6002 6"Blow Off Valve 33 1260 EA 1 $5,006.0 $5,006.0 TOTAL UNIT I:WATER IMPROVEMENTS $240,308.90 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Form Version April 2,2014 00 42 43-CONTRACT BIDS DAP MORNINGSTAR-SECTION 5 PHASE 2-201336E2.05.20-16 00 42 43 DAP-BID PROPOSAL Page 2 or 7 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM CONTRACT 5/20/2016 MORNINGSTAR-SECTION 5,PHASE 2 CPIs: 100325 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 3331.4115 8"Sewer Pipe 33 31 20 LF 1,394 $34.00 $47,396.0 2 3331.41 16 8"Sewer Pipe,CSB Backfill 33 11 10 LF 20 $75.00 $1,500.0 3 3339.1001 4'Manhole 33 39 20 EA 8 $3,600.00 $28,800.0 4 3339.1003 4'Extra Depth Manhole 33 39 20 VF 10 $150.00 $1,500.0 5 3331.3101 4"Sewer Service,Two-way cleanout 3331 50 EA 40 $385,00 $15,400.0 6 3301.0002 Post-CCTV Inspection 3301 31 LF 1,414 $2.80 $3,959.2 7 3301.0101 Manhole Vacuum Testing 3301 30 EA 8 $150.0 $1,200.0 8 3305.0109 Trench Safety 3305 10 LF 1,414 $0.40 $565.6 9 9999.0001 Connect to Existing Sanitary Sewer Main 33 11 10 EA 3 $500.0 $1,500.0 10 3305.0113 Trench Water Stops 3305 10 EA I $250.Oq $250.0 TOTAL UNIT II:SANITARY SEWER IMPROVEMENTS $102,070.80 CITY OF FORT w'ORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Form Version April 2,2014 00 42 43-CONTRACT BIDS DAP IMORNINGSTAR-SECTION 5 PHASE 2-201336E2-05-20-16 00 42 43 DAP-BID PROPOSAL Page 3 of 7 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM CONTRACT' 5/20/2016 MORNINGSTAR-SECTION 5,PHASE 2 CPN: 100325 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 N/A TOTAL UNIT III:DRAINAGE IMPROVEMENT CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Form Version April 2,2014 00 42 43-CONTRACT BIDS DAP MORNINGSTAR-SECTION 5 PHASE 2-201336E2-05.20-16 00 42 43 DAP-BID PROPOSAL Page 4 oF', SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM CONTRACT 5/20/2016 MORNINGSTAR-SECTION 5,PHASE 2 CPN; 100325 UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Specification Unit of Bid Item Description Section No. MeasureUnit Price Bid Value No. puantity UNIT IV:PAVING IMPROVEMENTS 1 3213.0101 6"Cone Pvmt 32 13 13 SY 5,187 $36.00 $186,732.0 2 3211.0501 6"Lime Treatment 32 11 29 SY 5,524 $3.00 $16,572.4 3 3211.0400 Hydrate Lime 32 11 29 TN 82.86 $175.00 $14,500.91 4 9999.0001 6"Temporary Asphalt 32 13 13 SY 2,030 $20.00 $40,600.0 5 3211.0501 6"Lime Treatment 32 11 29 SY 2,162 $3.00 $6.485.8 6 3211.0400 Hydrate Lime 32 11 29 TN 4326 $175.00 $7,570.61 7 3213.0501 Barrier Free Ramp-Type R-1 32 1320 EA 2 $1,000.00 $2,000.0 8 3441.4003 Furnish&s Install Ground Mount Sign Post and Sign 3441 30 EA 6 $650.00 $3,900.0 9 3217.2103 REFL Raised Marker TY lI A-A-4 32 1723 EA 58 $5.00 $290.0 TOTAL UNIT IV: PAVING IMPROVEMENTS $278,651.83 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Form Version April 2,2014 00 42 43-CONTRACTBIDS DAP N1ORNitiGSTAR-SECTION 5 PHASE 2-201336E2-05-20-16 00 42 43 DAP-BID PROPOSAL Page 5 of 7 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM CONTRACT 5/20/2016 MORNINGSTAR-SECTION 5,PHASE 2 CPN: 100325 UNIT PRICE BID Bidder's Application Project]tem Information Bidder's Proposal Bidlist Specification Unit of Bid Item Description Unit Price Bid Value No. Section No. Measure Quantity UNIT V:STREET LIGHTING IMPROVEMENTS 1 9999.0000 Holophane-Columbia Aluminum Pole, Washington- 34 41 20 EA 10 $3,250.00 $32,500.0 13 14.5'luminaire WFL-I00W-4K-AS-B-L5-H-PCS 2 3441.3001 Furnish/Install Rdwy Ilium Foundation TY 7 3441 20 EA 10 $750.00 $7,500.0 3 2605.3015 2 Inch Conduit PVC SCH 80(T) 26 05 33 LF 562 $8.00 $4,496.0 4 3441.3401 #6 Triplex Alum Electric Conductor 3441 10 LF 562 $2.00 $1,124.0 TOTAL UNIT V:STREET LIGHTING IMPROVEMENT $45,620.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER.AWARDED PROJECTS Form Version April 2,2014 00 42 43-CONTRACT BIDS DAP MORNINGSTAR-SECTION 5 PHASE 2-201336E2-05-20-16 00 42 43 DAP-BID PROPOSAL Page 6 of 7 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM CONTRACT- 5/20/2016 MORNINGSTAR-SECTION 5,PHASE 2 CYN; 100325 UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Specification Unit Tid Item Description Unit Price Bid Value No. Section No ntity UNIT VI:TRAFFIC SIGNAL IMPROVEMENTS Non-Applicable TOTAL UNIT VI:TRAFFIC SIGNAL IMPROVEMENT CITY OF FONT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Form Version April 2.2014 00 42 43-CONTRACT BIDS DAP MORNINGSfAR-SECTION 5 PHASE 2-201336E2-05-20-16 00 42 43 DAP-BID PROPOSAL Page 7 or 7 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM CONTRACT 5/20/2016 MORNINGSTAR-SECTION 5,PHASE 2 CPN: 100325 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 $240,308.90 UNIT It:SANITARY SEWER IMPROVEMENTS $102,070.80 UNIT III: DRAINAGE IMPROVEMENTS N/A UNIT IV: PAVING IMPROVEMENTS $278,651.83 UNIT V:STREET LIGHTING IMPROVEMENTS $45,620.00 Total Construction Bid $666,651.53 Contractor agrees to complete WORK for FINAL,ACCEPTANCE within -it 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 NIORNINGSTAR-SECTION 5 PHASE 2-201336E2-05-20-I6 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 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 northwest corner of Lot 1X, Block 43, 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 easterly right-of-way line of Farmer Road (FM 3325); Thence North 06 degrees 43 minutes 22 seconds West with said right-of-way line a distance of 24.94 feet to a TxDot monument found; Thence North 00 degrees 33 minutes 35 seconds West continuing with said right-of-way line a distance of 47.37 feet to a 1/2 inch"MILLER 5665" capped steel rod found for the beginning of a curve to the left with a radius of 2924.79 feet and whose chord bears North 02 degrees 35 minutes 58 seconds West at 155.80 feet; Thence northerly continuing with said right-of-way line and with said curve through a central angle of 03 degrees 03 minutes 08 seconds and an arc length of 155.81 feet to a 1/2 inch"MILLER 5665"capped steel rod found for the end of said curve; Thence North 05 degrees 47 minutes 11 seconds East continuing with said right-of-way line a distance of 95.33 feet to a 1/2 inch "MILLER 5665" capped steel rod set; Thence North 89 degrees 32 minutes 11 seconds East a distance of 258.57 feet to a 1/2 inch "MILLER 5665" capped steel rod set; Thence North 00 degrees 32 minutes 48 seconds West a distance of 10.61 feet to a 1/2 inch"MILLER 5665"capped steel rod set for the beginning of a curve to the left with a radius of 1575.00 feet and whose chord bears North 00 degrees 38 minutes 19 seconds West at 9.62 feet; Thence northerly with said curve through a central angle of 00 degrees 21 minutes 00 seconds and an arc length of 9.62 feet to a 1/2 inch "MILLER 5665" capped steel rod set for the end of said curve; Thence North 89 degrees 11 minutes 11 seconds East a distance of 185.00 feet to a 1/2 inch "MILLER 5665"capped steel rod set; Thence South 00 degrees 29 minutes 08 seconds East a distance of 85.26 feet to a 1/2 inch "MILLER 5665"capped steel rod set; Thence North 88 degrees 46 minutes 43 seconds East a distance of 300.59 feet to a 1/2 inch "MILLER 5665"capped steel rod set; Thence North 58 degrees 28 minutes 20 seconds East a distance of 200.65 feet to a 1/2 inch "MILLER 5665"capped steel rod set; Thence North 60 degrees 03 minutes 16 seconds East a distance of 49.20 feet to a 1/2 inch "MILLER 5665" capped steel rod set; Thence North 64 degrees 39 minutes 14 seconds East a distance of 185.00 feet to a 1/2 inch "MILLER 5665"capped steel rod set; Thence South 25 degrees 20 minutes 26 seconds East a distance of 12.03 feet to a 1/2 inch "MILLER 5665"capped steel rod set; Thence North 64 degrees 39 minutes 14 seconds East a distance of 161.51 feet to a 1/2 inch "MILLER 5665" capped steel rod set; Thence South 14 degrees 49 minutes 08 seconds East a distance of 104.41 feet to a 1/2 inch "MILLER 5665" capped steel rod set; Thence North 75 degrees 10 minutes 23 seconds East a distance of 184.50 feet to a 1/2 inch "MILLER 5665"capped steel rod set for the beginning of a curve to the left with a radius of 1115.00 feet and whose chord bears South 15 degrees 40 minutes 12 seconds East at 32.81 feet; Thence southerly with said curve through a central angle of 01 degrees 41 minutes 10 seconds and an arc length of 32.81 feet to a 1/2 inch "MILLER 5665" capped steel rod set for the end of said curve; Thence North 73 degrees 29 minutes 13 seconds East a distance of 125.00 feet to a 1/2 inch "MILLER 5665"capped steel rod set for the beginning of a curve to the left with a radius of 990.00 feet and whose chord bears South 20 degrees 55 minutes 47 seconds East at 152.47 feet; Thence southerly with said curve through a central angle of 08 degrees 59 minutes 59 seconds and an arc length of 152.62 feet to a 1/2 inch "MILLER 5665" capped steel rod set for the end of said curve; Thence South 25 degrees 20 minutes 46 seconds East a distance of 26.11 feet to a 1/2 inch "MILLER 5665" capped steel rod found in the northerly boundary line of said Morningstar addition; Thence westerly with the northerly boundary line of said addition along an arc length of the following calls: South 64 degrees 39 minutes 14 seconds West a distance of 430.10 feet to a 1/2 inch "MILLER 5665" capped steel rod set; North 25 degrees 20 minutes 46 seconds West a distance of 54.17 feet to a 1/2 inch "MILLER 5665"capped steel rod set; South 64 degrees 39 minutes 14 seconds West a distance of 50.00 feet to a 1/2 inch "MILLER 5665" capped steel rod set; South 62 degrees 04 minutes 14 seconds West a distance of 96.76 feet to a 1/2 inch "MILLER 5665"capped steel rod set; South 48 degrees 42 minutes 17 seconds West a distance of 92.35 feet to a 1/2 inch "MILLER 5665" capped steel rod set; South 41 degrees 38 minutes 54 seconds West a distance of 61.08 feet to a 1/2 inch "MILLER 5665"capped steel rod set; North 51 degrees 09 minutes 50 seconds West a distance of 178.01 feet to a 1/2 inch "MILLER 5665" capped steel rod set for the beginning of a curve to the left with a radius of 710.00 feet and whose chord bears South 35 degrees 21 minutes 45 seconds West at 86.04 feet; Southwesterly with said curve through a central angle of 06 degrees 56 minutes 51 seconds and an arc length of 86.09 feet to a 1/2 inch "MILLER 5665" capped steel rod set for the end of said curve; South 75 degrees 54 minutes 08 seconds West a distance of 14.29 feet to a 1/2 inch "MILLER 5665"capped steel rod set; North 59 degrees 40 minutes 50 seconds West a distance of 32.29 feet to a 1/2 inch "MILLER 5665" capped steel rod set for the beginning of a curve to the left with a radius of 375.00 feet and whose chord bears North 63 degrees 16 minutes 35 seconds West at 47.04 feet; Northwesterly with said curve through a central angle of 07 degrees 11 minutes 31 seconds and an arc length of 47.07 feet to a 1/2 inch "MILLER 5665" capped steel rod set for the end of said curve; South 23 degrees 05 minutes 41 seconds West a distance of 183.78 feet to a 1/2 inch "MILLER 5665" capped steel rod set; North 87 degrees 27 minutes 16 seconds West a distance of 335.09 feet to a 1/2 inch "MILLER 5665"capped steel rod set; North 79 degrees 58 minutes 11 seconds West a distance of 131.36 feet to a 1/2 inch "MILLER 5665"capped steel rod set; North 67 degrees 27 minutes 53 seconds West a distance of 70.16 feet to a 1/2 inch "MILLER 5665" capped steel rod set; Thence South 88 degrees 56 minutes 35 seconds West continuing with said northerly boundary line a distance of 135.35 feet to the point of beginning and containing 11.637 acres of land, more or less; 005243-1 Developer Awarded Project Agreement Page I of 4 1 SECTION 00 52 43 2 AGREEMENT 3 4 THIS AGREEMENT,authorized onJ Z0114 is made by and between 5 the Developer, FG ALEDO DEVELOPMENT, LIC, 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 5,PHASE 2 17 18 CITY PROJECT NO.: 100325 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 5,PHASE 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 100325: 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: THREE HUNDRED FORTY TWO THOUSAND 43 THREE HUNDRED SEVENTY NINE AND SEVENTY CENT, ($342,379.70). 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 5,PHASE 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS CITY PROJECT NO.100325: 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 5,PHASE 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 100325: 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) (Printed Name) (Printed Name) Title: 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 5,PHASE 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 100325: Revised April 2,2014 005243-1 Developer Awarded Project Agreement Page I of 4 1 SECTION 00 52 43 2 AGREEMENT 3 `��Sfi ZU> 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.WO RK 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 5,PHASE2 17 18 CITY PROJECT NO.: 100325 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 5,PHASE 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS CITY PROJECT NO.:100325 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 TWO HUNDRED SEVENTY EIGHT 43 THOUSAND,SIX HUNDRED FIFTY ONE AND EIGHTY THREE CENTS,($278,651.83). 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(DA P 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 5,PHASE 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS CITY PROJECT NOA00325 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 5,PHASE 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS CITY PROJECT NO.:100325 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 duty 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. oe B OI By: �Ao (Si ture) (Signature) BROCK HUGGINS (Printed Name) (Printed Name) Title: PRESIDENT Title: PPOR 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 C Jk& OWL za Date Date 129 CITY OF FORT WORTH MORNINGSTAR—SECTION 5,PHASE 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS CITY PROJECT NO.:100325 Revised April 2,2014 0052434-1 Developer Awarded Project Agreement Page i of 4 1 SECTION 00 52 43 2 AGREEMENT 3 4 THIS AGREEMENT, authorized on !f �� is made by 5 and between the Developer,FG ALEDO DEVELOPMENT,LLC-,authorized to do business in 6 Texas 4"Developer")and BEAN ELECTRIC,INC.-, authorized to do business in Texas,acting 7 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 5,PHASE 2 17 18 CITY PROJECT NO.: 100325 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 I 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 5,PHASE r4 AmWar A6~1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTSC ITY PROJECT NO.:I00325_fhwN A*eef Revised August 30,2013April 2.2014 005243-4-2 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: FORTY FIVE THOUSAND SIX HUNDRED 43 TWENTY DOLLARS AND NO CENTS,($45,620.00). 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 5,PHASE 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTSCM PROJECT NO.:100325 A*eef Xr Revised Avgw4 30,2013Al2ril 2,2014 0052434-3 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 5,PHASE 2gfto4 Rrejeei AWmq STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTSCITY PROJECT NO.:100325-fkwoq Prejee4�v Revised August'�13April2.2014 0052434-4 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: FG ALEDO DEVELOPMENT,LLC BEAN EL CT L C. B By: r1411 (Signature) (Signature) (Printed Name) (Printed Name) Title: )Mla President Title: &I 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 (�- ZS r2 ��y r ��Vv- /, 701,G Date Date 129 CITY OF FORT WORTH MORNINGSTAR—SECTION 5,PHASE 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTSCITY PROJECT NO.:100325PWFf ArqjM At Revised August?^,2013Aorril2.2014 M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FoRTI COUNCIL ACTION: Approved on 10/11/2016 REFERENCE ** 06MORNINGSTAR SECTION 5 DATE: 10/11/2016 NO.: C-27952 LOG NAME: PHASE 2 WATER PARTICIPATION CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Community Facility Agreement with FG Aledo Development, LLC, with City Participation in the Amount of$75,926.00 for Oversizing a Twelve-Inch Water Main to a Sixteen-Inch Water Main in the Area North Along Farmer Road to Serve the Morningstar Development and Future Development in the Surrounding Area, in the City of Fort Worth Extraterritorial Jurisdiction (West of COUNCIL DISTRICT 3) RECOMMENDATION: It is recommended that the City Council authorize execution of a Community Facilities Agreement with FG Aledo Development, LLC, with City participation in the amount of$75,926.00 for costs related to oversizing a twelve-inch water main to a sixteen-inch water main in the area north along Farmer Road (F.M. 3325)to serve the Morningstar Development and future development in the surrounding area in the City of Fort Worth Extraterritorial Jurisdiction. DISCUSSION: FG Aledo Development, LLC, the developer of Morningstar Section 5 Phase 2 (Developer), is executing a Community Facilities Agreement (CFA)for construction of public infrastructure including water, sewer paving and street light improvements, to serve the Morningstar Development located in the City of Fort Worth Extraterritorial Jurisdiction (ETJ) located west of Council District 3. City staff has determined that the water main requires oversizing to serve future development in the surrounding area. The Water Department is participating in the Developer's project to oversize approximately 1,404 linear feet of water main from a twelve-inch water main to a sixteen-inch water main to serve the future anticipated growth in the area. The City's cost participation to oversize the water main is estimated to be in the amount of$75,926.00, as shown on the table below. Construction City Cost Developer Cost Total Cost Water Construction $63,801.00 $176,508.00 $240,309.00 Sewer Construction $ 0.00 $102,071.00 $102,071.00 Paving Construction $ 0.00 $278,652.00 $278,652.00 Street Lights $ 0.00 $ 45,620.00 $ 45,620.00 Construction Subtotal $63,801.00 $602,851.00 $666,652.00 15 Percent Contingency $ 9,571.00 $ 0.00 $ 9,571.00 Totals $73,372.00 $602,851.00 $676,223.00 Inspection Fee(2 percent)Water $ 1,277.00 $ 3,531.00 $ 4,808.00 Material Testing Fee(2 percent)Water $ 1,277.00 $ 3,531.00 $ 4,808.00 Inspection Fee 2 percent Sewer $ 0.00 $ 2,042.00 $ 2,042.00 Material Testing Fee(2 percent)Sewer $ 0.00 $ 2,042.00 $ 2,042.00 Inspection Fee 4percent)Paving $ 0.00 $ 11,147.00 $ 11,147.00 Material Testing Fee(2 percent)Paving $ 0.00 $ 5,574.00 $ 5,574.00 Inspection Fee(4 percent)Street Lights $ 0.00 $ 1,825.00 $ 1,825.00 Construction Fees Sub-Total $ 2,554.00 $ 59,692.00 $ 32,246.00 Total Water Project Cost $75,926.00 $632,543.00 $708,469.00 The costs stated herein are based upon public bid construction estimates rather than actual cost. The http://apps.cfwnet.org/council_packet/mc_review.asp?ID=22540&councildate=10/11/2016 7/5/2017 M&C Review Page 2 of 2 reimbursement of the participation, excluding inspection and material testing fees, is not a lump-sum amount and may be less than stated above depending upon actual quantities from the Notice of Final Completion Package, commonly referred to as the Green Sheet Package. This project is located in Extraterritorial Jurisdiction, Mapsco 710Z and 760C. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available as appropriated in Project P00001 in the Fiscal Year 2016 Water&Wastewater Capital Improvement Plan. The adopted Water& Wastewater Capital Improvement Plan includes an appropriation of$9,400,000.00 for programmable Community Facility Agreement Projects. Of the original appropriation, $8,057,733.00 is available to fund future individual projects. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID I ID Year (Chartfield 2) Submitted for City Manager's Office by: Jesus J. Chapa (5804) Originating Department Head: John Carman (8246) Additional Information Contact: Wendy Chi-Babulal (8242) Julie Westerman (2677) ATTACHMENTS Morningstar Sec 5 Ph 2 Form 1295.pdf MorningstarPh5 Sec2 MC exhibit.pdf http://apps.cfwnet.org/council_packet/mc_review.asp?ID=22540&councildate=10/l1/2016 7/5/2017 CERTIFICATE OF INTERESTED PARTIES FORM 1295 iof1. Complete Nos.1-4 and 6 it there are interested parties. OFFICE USE ONLY Complete Nos 1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-115299 FU Aledo Development, 1_1-C Fort.Worth,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 09/22/201.6 being filed. City of Fort Worth Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 100325 Morningstar Section 5-2,developing lots Nature of interest 4 Name of Interested Party City,State;Country(place of business) (check applicable) Controlling intermediary FWFW HOldings Fort Worth,TX l.Jnited States X Southwest[tank F ort Worth,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. t�arn�e�: SHARLA J. NEWKIRK :°;' ��=Notary Public,State of Texas "•' +� Comm,Expires 02.05-2020 '4i ai, ; °j�,,,,,,,��1� Notary ID 5452690 Signature of a thorn-ed agent of contracting business entity AFFIX NOTARY STAMP/SLAL. ABOVE- /f Swr r o and subscribed before me,by the said _ this the_p`p� day of .,.t 2t� ,to certify which,witness my hand and seal of office. Signature of cer add inistering oath Printed name of officer administering oath Title of officer r4dininisteiing oath I ornns provided by t exas Ethics Corninission www.ethics.state.tx.us Version V1.0.277