HomeMy WebLinkAboutContract 49239 34 gs,
CITY SECRETARY Q t/ 1-tn CA o CONTRACT NO.-- _�1.L_
COMPLETION AGREEMENT
«� his Completion Agreement ("Agreement) is made and entered into by
�9
S b g among the City of Fort Worth ("City"), and FG ALEDO
DEVELOPMENT, LLC._i, a Texasl Limited Liability Company
("Developer"), and, SOUTHWEST BANK ,("Lender"), effective as of TUNE 7
201161. The City, the Developer and the Lender are hereinafter collectively
called the "Parties".
WITNESSETH:
WHEREAS, the Developer owns that certain tract of real property that
contains approximately 11.637 i cres that is located in the City, the legal
description of which tract of real property is marked Exhibit "A" — Legal
Description, attached hereto and incorporated herein for all purposes (which
tract of real property is hereinafter called the "Property"); and
WHEREAS, the Developer intends to develop the Property as an
addition to the City through plat FPJ 016-0111 or FsU; and
WHEREAS, the Developer and the City have entered into a Community
Facilities Agreement relating to the development of MORNINGSTAR —
SECTION 5, PHASE 2 (hereinafter called the "CFA"); and
WHEREAS, the City has required certain assurances of the availability
of funds to complete the streets, street signs and lights, and the water and
sewer utilities for the development of the Property (herein collectively called
the "Community Facilities"), and
WHEREAS, in order to provide such assurances as have been required
by the City, the Lender has agreed to advance certain funds to the City for
Hard Costs (which term is hereinafter defined) subject to, and in accordance
with, the terms, provisions and conditions of this Agreement; and
WHEREAS, the Developer has granted to the Lender as additional
security for the Loan (which term is hereinafter defined) a security interest in
all plans and specifications for the development of the Property (hereinafter
collectively called the "Plans"); and
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
WHEREAS, the Parties desire to set forth the terms and conditions of
such accommodations as are described above.
NOW THEREFORE, for and in consideration of the benefits to be
derived from the mutual observance by the parties of the terms and conditions
hereof, and for and in consideration of Ten Dollars ($10.00) and other good
and valuable consideration, the receipt, adequacy and sufficiency of which
are hereby acknowledged, the Parties agree as follows:
1 . Recitals. The foregoing recitals are true, correct and complete
and constitute the basis for this Agreement and they are incorporated into this
Agreement for all purposes.
2. The Completion Amount. The City and the Developer agree that
the Hard Costs required to complete the Community Facilities in the
aggregate should not exceed the sum of SIX HUNDRED SIXTY SIX
THOUSAND SIX HUNDRED FIFTY ONE DOLLARS AND FIFTY THREE
CENTS; ($1666,651.53), hereinafter called the "Completion Amount".
Notwithstanding the foregoing, it is acknowledged that the actual costs of
completion of the Community Facilities may vary as a result of change orders
agreed to by the Parties, but such variances for the purposes of this
Agreement shall not affect the Completion Amount as used herein.
3. Adjustments to the Completion Amount. The Lender may from
time to time make advances to the Developer for the development of the
Property under the development loan that has been made by the Lender to the
Developer for the purpose of financing the costs of constructing the
Community Facilities for the Property (the "Loan") subject to, and in
accordance with, the terms, conditions and provisions of the Loan Documents
(which term is hereinafter defined) evidencing and securing the Loan. Some
of those advances shall be for Hard Costs as specified in the "Approved
Budget" relating to the Loan, a copy of which Approved Budget is marked
Exhibit "B", attached hereto and incorporated herein for all purposes, with
the Hard Costs (which term is hereinafter defined) line items highlighted.
The term "Hard Costs" shall mean the actual costs of construction and
Page 2 of 13
installation of the Community Facilities. To the extent that advances under
the Loan are for the payment of Hard Costs, the Completion Amount shall be
deemed reduced, dollar for dollar. The Lender may withhold statutory
retainage from any advances under the Loan or pursuant to this Agreement.
All such retainage withheld, to the extent it is attributable to Hard Costs,
shall also reduce the Completion Amount dollar for dollar. All retainage
withheld by the Lender for Hard Costs that are advanced to the City pursuant
to this Agreement shall be released to the City as provided in the Texas
Property Code upon expiration of the statutory retainage period.
4. Completion by the Developer. The Developer agrees to
complete the Community Facilities on or before the date for completion that
is established in the Loan Documents plus thirty (30) days (hereinafter called
the "Completion Date"), in accordance with the CFA, the Plans that are
approved by the Lender and the City and all documents evidencing or
securing the Loan (which documents are hereinafter collectively called the
"Loan Documents"). For the purposes of this Agreement, the development of
the Property shall be deemed complete upon acceptance by the City of the
Community Facilities. The City shall promptly notify the Lender and the
Developer upon such acceptance.
5. Completion by the City. In the event that either: (A) the
development of the Property is not completed by the Completion Date for any
reason whatsoever, or (B) the Developer is in default under the Loan, then the
Lender, at its sole option, may request the City to complete development. The
City may, at its sole option and at the cost and expense of the Developer,
within 10 days from receipt of Lender's request, notify Lender that it will
undertake to complete the Community Facilities and the City shall then
commence, pursue, and complete the Community Facilities in a reasonably
timely, diligent and workmanlike manner in accordance with the Plans,
subject to the terms of this Agreement. The Lender and the Developer agree
that the City may use the Plans as necessary to complete the Community
Facilities.
Page 3 of 13
If the City does not timely elect to complete the construction of the
Community Facilities or if Lender does not request the City to complete
construction of the Community Facilities, then the Lender may at its election
terminate this Agreement, or at its option, proceed to complete the
Community Facilities, or foreclose on any of its collateral, or take any and
all such action as may be provided under the Loan Documents.
6. Advance of Completion Costs to the City and Delivery of Hard
Costs Collateral to the City. In the event the Lender has requested the City
and the City has elected to complete the Community Facilities, Lender shall
transfer to the City all remaining undisbursed Hard Costs specified in the
Approved Budget within 10 days of the date that the City elected to complete
and provided Lender with written notice of such election.
The Developer hereby authorizes and instructs the Lender to make the
transfer of any remaining undisbursed Hard Costs specified in the Approved
Budget to the City within 10 days of notification that the City elects to
complete the Community Facilities.
In the event the cost to complete the Community Facilities exceeds the
moneys transferred to the City, City shall notify Lender and Developer in
writing of the need of additional funds. The additional funds required to
complete the Community Facilities shall be delivered to the City within 10
business days following notification to Lender and Developer. Failure to
deliver the additional funds shall relieve the City of the obligation to
complete the Community Facilities, in which event City shall use the Hard
Costs funds in its possession to pay the contractor(s) all funds due it/them.
Any remaining undisbursed Hard Costs shall be returned to Lender within a
reasonable time.
7. Completion by the Lender. The Lender may, at its discretion,
but shall not be obligated to, undertake to complete the Community Facilities
if there is any default under any Loan Documents in lieu of requesting the
City to complete the Community Facilities. If the Lender elects to complete
Page 4 of 13
the Community Facilities, any Hard Costs it expends shall, dollar for dollar,
reduce the Completion Amount.
8. Easements. In the event the City or the Lender undertakes the
completion of the Community Facilities, the Developer (and to the extent
necessary the Lender) grants to the City and the Lender open access to the
Property and shall execute and deliver such temporary easements over and
across the entirety of the Property for the purpose of access and use for the
completion of the construction of the Community Facilities in accordance
with this Agreement. To the extent requested by the City and the Lender,
written temporary construction easements in form acceptable to the City and
the Lender shall be executed by the Developer and filed of record. Nothing
in this paragraph shall reduce any rights of the Lender or obligations of the
Developer under the Loan Documents.
9. Lender's Rights. Nothing in this Agreement shall affect any
portion of the Lender's collateral for the Loan or limit or impair the Lender's
right to foreclose the same or deal with the collateral as it elects in
accordance with the Loan Documents.
10. Satisfaction of the City Requirements. The City agrees that the
assurances and covenants contained in this Agreement satisfy all
requirements of the City with respect to payment and performance bonds or
other requirements for security in connection with the development of the
Property and the completion of the Community Facilities that are contained in
the CFA or in any other agreement relating thereto, and the City hereby
accepts the assurances and covenants contained herein in lieu thereof. To the
extent the CFA irreconcilably conflicts with this Agreement, the provisions
of this Agreement shall control.
11 . Termination. This Agreement shall terminate upon the earlier to
occur of the following: (a) acceptance by the City of the Community
Facilities; (b) mutual written agreement of all of the Parties; or (c) the
reduction of the Completion Amount to zero. However, release of the plat
Page 5 of 13
shall be governed by paragraph 12 hereof and termination pursuant to (b) or
(c) of this paragraph 11 shall not require the City to release the plat.
12. Final Plat. The Parties acknowledge and agree that the City
shall hold the final plat of the Property until the Community Facilities are
completed and accepted by the City and all Hard Costs contractors have been
paid, less retainage. Upon acceptance by the City and receipt of evidence
from the Developer showing that all Hard Costs contractors have been paid,
including but not necessarily limited to lien waivers and bills paid affidavits,
the City shall within a reasonable time file the final plat for the Property in
the Plat Records of the county where the Property is located. The purpose of
the City retaining the final plat of the Property as provided herein is to
guarantee the Developer's obligations under the CFA are completed.
13. Construction Contracts. Developer agrees to include in each
Construction contract that it enters into for the completion of the Community
Facilities the following:
a. A statement that the City is not holding any security to guarantee any
payment for work performed on the Community Facilities;
b. A statement that the Property is private property and that same may
be subject to mechanic's and materialman's liens;
c. A requirement that each contractor contracting with the Developer
release the City from any claim that is related to the Property; and
d. A requirement that each contractor contracting with the Developer
include in each subcontract the statements contained in a., b., and c.
above.
14. Miscellaneous.
A. Non-Assignment of Agreement. This Agreement may not be assigned
by any of the Parties without the prior written consent of all the other
Parties.
B. Notice. Any notice required or permitted to be delivered under this
Agreement shall be deemed received on actual receipt by the
appropriate party at the following addresses:
Page 6 of 13
(i) Notice to the City shall be addressed and delivered as follows:
City of Fort Worth
Planning and Development Department
1000 Throckmorton Street
Fort Worth, Texas 76102
Attention: CFA Division
David Schroeder, Development Manager
Email: David.Schroeder@fortworthgov.org
Confirmation Number: 817-392-2239
and/or
Attention: CFA Division
Jana Knight, Administrative Assistant
Email: Jana.Knight@fortworthgov.org
Confirmation Number: 817-392-2025
With a copy thereof addressed and delivered as follows:
Douglas W. Black
Office of the City Attorney
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
Confirmation Number: 817-392-7607
(ii) Notice to the Developer shall be addressed and delivered as
follows:
*G ALEDO DEVELOPMENT, LLC, KIM GILL
3045 LACKLAND ROAD
FORT WORTH, 76116, (817) 731-7737
(iii) Notice to the Lender shall be addressed and delivered as follows:
SOUTHWEST BANK, ALEC BARRY]
[ALEC BARRY, 817-298-55851
Page 7 of 13
12200 WEST 7TH STREET
'FORT WORTH, TEXAS 76102
A party may change its address for notice upon prior written notice to the
other parties pursuant to the terms hereof.
C. Texas Law to Apply. This Agreement shall be construed under and in
accordance with the laws of the State of Texas.
D. Parties Bound. This Agreement shall be binding upon and inure to the
benefit of the Parties and their respective legal representatives,
successors and assigns.
E. Legal Construction. In case any one or more of the provisions
contained in this Agreement shall for any reason is held to be invalid,
illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision of this Agreement,
and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained in this Agreement.
F. Prior Agreements Superseded. This Agreement constitutes the sole
and only agreement of the Parties with respect to the subject matter
hereof and supersedes any prior understandings or written or oral
agreements among the Parties concerning the subject matter hereof;
provided, however, that this Agreement shall not supersede, amend or
modify any of the Loan Documents or any portion thereof.
G. Amendment. This Agreement may only be amended by a written
instrument executed by all of the Parties to his Agreement.
H. Headings. The headings that are used in this Agreement are used for
reference and convenience purposes only and do not constitute
substantive matters to be considered in construing the terms and
provisions of this Agreement.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
Page 8 of 13
Executed IN QUADRUPLICATE by the Parties hereto:
CITY OF FORT WORTH FG ALEDO DEVELOPMENT,LLC
Jesus Chapa Name: �KT�mKerly Gill
Assist,q<<< City Manager Title: President
Date: �rd� �` Date:
APPROVED AS TO FORM: LENDER: SOUTHWEST BANK
l
t� ,. JName: &4&G &44A
Assist: ,t City Attorney Title: FIE&SI"DeW7—
ATTEST:
O� ORT
Mary J. Ka U
City S ,ary * �`
M&C: G' 2-M5 ZXAS
Date: 10ii l 4
�• ►2.95: Zo��o ♦►l►52g
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
Page 9 et !
KIMBERLY GILL, the "Guarantor" of the Development Loan, is
executing this Completion Agreement for the sole purpose of acknowledging
that advances that are made by the Lender pursuant to this Completion
Agreement shall be deemed to be advances that are made under the Loan that
shall be subject to and covered by the Loan Documents and the Guaranty
Agreement that was executed by �KIMBERLY GILL.
GUARANTOR
By'----- — ---------,---/----------
Name: _ — 6w
Title:------
------
------ -- ---------
KIMBERLY GILL, the "Guarantor" of the Development Loan, is
executing this Completion Agreement for the sole purpose of acknowledging
that advances that are made by the Lender pursuant to this Completion
Agreement shall be deemed to be advances that are made under the Loan that
shall be subject to and covered by the Loan Documents and the Guaranty
Agreement that was executed by KIMBERLY GILL.
GUARANTOR
B y: 4��o------- -----------------
Name:-----
— `/---------
Title: Pkt1w ---------
Page 10 of 13
LIST OF EXHIBITS TO THE COMPLETION AGREEMENT
EXHIBIT A - LEGAL DESCRIPTION
EXHIBIT B - APPROVED BUDGET
Page I I of 13
EXHIBIT A
Page 12 of 13
EXHIBIT B
Page 13 of 13
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 curie;
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;
00 42 43
DAP-BID PROPOSAL
Page I 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 I:WATER IMPROVEMENTS
1 3311.0161 6"Water Pipe 33 11 12 LF 30 $26.00 $780.0
2 3311.0261 8"Water Pipe 3311 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 $850.0 $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 3311.0001 Ductile Iron Water Fittings 33 It 11 TON 3 $5,400.0 $16,200.0
10 3305.0109 Trench Safety 3305 10 LF 3,041 $0.40 $1,216.4
11 3312.2003 1"Water Service 33 12 10 EA 38 $790.00 $29,640.0
12 3312.1002 2"Combination Air Valve assembly for Water 34 12 30 EA 1 $7,800.00 $7,800.0
13 3312.6002 6"Blow Off Valve 33 1260 EA I $5,006.00 $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 0042 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 5/2012016
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 If:SANITARY SEWER IMPROVEMENTS
l 3331.4115 8"Sewer Pipe 33 31 20 LF 1,394 $34.0 $47,396.0
2 3331.4116 8"Sewer Pipe,CSB Backfill 33 1 l 10 LF 20 $75.00 $1,500.0
3 3339.1001 4'Manhole 33 39 20 EA 8 $3,600.0 $28,800.0
4 3339.1003 4'Extra Depth Manhole 33 39 20 VF 10 $150.0 $1,500.0
5 3331.3101 4"Sewer Service,Two-way cleanout 3331 50 EA 40 $385.0 $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 $150,00 $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 $500.00 $1,500.0
10 3305.0113 Trench Water Stops 3305 10 EA 1 $250.00 $250.0
TOTAL UNIT II:SANITARY SEWER IMPLOVEMENTf $102,070.80
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 3 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 Unit Price Bid Value
No Section No. Measure Quantity
UNIT III: DRAINAGE IMPROVEMENTS
NIA
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 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 IV:PAVING IMPROVEMENTS
1 3213.0101 6"Conc 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 $40,600.4
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 43.26 $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&Install Ground Mount Sign Post and Sign 3441 30 EA 6 $650.00 $3,900.0
9 3217.2103 REFL Raised Marker TY 11 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 PROTECTS
Form Version April 2,2014 00 42 43•CONTRACT BIDS DAP MORNINGSTAR-SECTION 5 PHASE 2-201336112-05-20-16
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 Item 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
9999.0000 Holophane-Columbia Aluminum Pole, Washington-
1 14.5'Luminaire WFL-l04W-4K-AS-B-L5-H-PCS 34 41 20 EA 10 $3,250.00 $32,500.0
2 3441.3001 Furnish/Install Rdwy Ilium Foundation TY 7 3441 20 EA 10 $750.00 $7,500,013
3 2605.3015 2 Inch Conduit PVC SCH 80(T) 26 05 33 LF 562 $8.00 $4,496.0
4 13441.3401 #6 Triplex Alum Electric Conductor 3441 10 LF 562 $2.00 $1,124.0
TOTAL UNIT V:STREET LIGHTING IMPROVEMENT $45,620.00
CITY OP 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 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 Bidders Proposal
Bidlist
Specification Unit of Bid
Item Description Section No. Measure Quantity Unit Price Bid Value
No,
Bid Summary
UNIT I:WATER IMPROVEMENTS $240,308.90
UNIT II: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 Bi $666,651.53
Contractor agrees to complete WORK for FINAL ACCEPTANCE within : 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 5 PHASE 2-201336E2.05-20-16
c
CERTIFICATE OF INTERESTED PARTIES FORM 1295
loll
Coiuplete 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 interi),gecl patties. 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.
2016-1.1.5.7.99
F(3 Aledo Development, t_L..0
Fort.Worth,TX United Stares Date Filed:
_2 Name of governmental entity or state agency that is a party to the contract for which the form Is 091221201.6
being filed.
City of Fort Worth Date Acknowledged:
(0 1 (
g Provide the identification nurnber 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
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling intermediary
FWFW HGidings Fort Worth,TX United States X
Southwest.Bank f ort Worth,TX 0iiied States X
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT I swew,or affirm,under penalty ,of perjury,that the above disclosure is true and correct.
EE�
SHARLA J. NEWKIRK
Notary Public,State of Texas
S Comm.Expires 02.05-2020
Nofory ID 5452690
Signature ctatitio4ed went of contracting business entity
AFFIX NOTARY Sl AMP i SI At. ABOVE.
Sw o and subWf abed before me,by tho said this the p�p2 day of._4.t
_..
2(� to certify ditch,vmfiess my hand and Seal of office.
6L� �. JE �U f 4t66`c
Signature of 41cer adn inislering oath Printed mmne of officer<adrolnistenng oath Title of officer 1dininisteiing oath
I ones provided by i exas Ethics Commission www ethicsstate.tx.us Version V1.0.277
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.
ame of Employee
aj
Title t/
❑ This form is N/A as No City Funds are associated with this Contract
Janie Morales %
Printed Name Signature
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