HomeMy WebLinkAboutContract 50444 Received Date: 3/22/2018
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Received Time.. 11:00 a.m.
Developer and Project Information Cover Sheet:
Developer Company Name: Exel Inc.,d/b/a DHL Supply Chain(USA)
Address, State,Zip Code: 570 Polaris Parkway,Westerville, OH,43082
Phone&Email: 614-865-8646,
Authorized Signatory, Title: Mark Smolik
Project Name: Project Dave Rd.A
Brief Description: Water, Sewer,Paving, Storm Drain, Street Lights
Project Location: FM-156 at Elizabeth Creek
Plat Case Number: FP-17-130 Plat Name: Dave Addition
Mapsco: [Mapsco] Council District: [CD#]
CFA Number: 2017-209 City Project Number: 101355
OFFICIAL RECORD
CITY SECRIITARY
FX.WORTNI
City of Fort Worth,Texas
Standard Community Facilities Agreement(Concurrent)-Project Dave Rd.A
CFA Official Release Date:02.20.2017
Page 1 of 16
STANDARD COMMUNITY FACILITIES AGREEMENT
WITH CONCURRENT CFA PROVISION
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No. 50444
WHEREAS, Exel Inc., d/b/a DHL Supply Chain (USA), ("Developer"), desires to make
certain specific improvements as described below and on the exhibits attached hereto
("Improvements") related to a project generally described as Project Dave Rd. A ("Project")
within the City or the extraterritorial jurisdiction of Fort Worth, Texas ("City"); and
WHEREAS, the City has no obligation to participate in the cost of the Improvements or
Project; and
WHEREAS,any future City participation in this CFA is subject to the availability of City
funds and approval by the Fort Worth City Council and shall be memorialized as an amendment
to this Agreement; and
WHEREAS, the Developer and the City desire to enter into this Community Facilities
Agreement ("CFA" or "Agreement") in connection with the collective Improvements for the
Project.
NOW,THEREFORE,for and in consideration of the covenants and conditions contained
herein,the City and the Developer do hereby agree as follows:
General Requirements
A. The Policy for the Installation of Community Facilities ("Policy") dated March 2001,
approved by the City Council of the City of Fort Worth, as amended, is hereby incorporated
into this Agreement as if copied herein verbatim. Developer agrees to comply with all
provisions of said Policy in the performance of its duties and obligations hereunder and to
cause all contractors hired by Developer to comply with the Policy in connection with the
work performed by said contractors.
B. Developer shall provide financial security in conformance with paragraph 6, Section II, of
the Policy and recognizes that there shall be no reduction in the collateral until the Project
has been completed and the City has officially accepted the Improvements. Developer
City of Fort Worth,Texas
Standard Community Facilities Agreement(Concurrent)-Project Dave Rd.A
CFA Official Release Date:02.20.2017 OFFICIAL RECORD
Page 2 of 16
CITY SECRETARY
FT.WORTH,TX
further acknowledges that said acceptance process requires the Developer's contractor(s)
to submit a signed affidavit of bills paid and consent of Surety signed by its surety to
ensure the contractor has paid any sub-contractor(s) and suppliers in full. Additionally,
the contractor will provide in writing that the contractor has been paid in full by Developer
for all the services provided under this contract.
C. Developer agrees to cause the construction of the Improvements contemplated by this
Agreement and that said construction shall be completed in a good and workmanlike manner
and in accordance with all City standards and the City-approved construction plans,
specifications and cost estimates provided for the Project and the exhibits attached hereto.
D. The following checked exhibits describe the Improvements and are incorporated herein:
Water(A) E._ Sewer(A-1) Cil_ Paving(B) Z. Storm Drain(B-1) M. Street Lights & Signs
(C) A.
E. The Developer shall award all contracts for the construction of the Improvements in
accordance with Section II,paragraph 7 of the Policy and the contracts shall be administered
in conformance with paragraph 8, Section II, of the Policy. Developer shall ensure its
contractor(s)pays the then-current City-established wage rates.
F. For all Improvements included in this Agreement for which the Developer awards
construction contract(s), Developer agrees to the following:
i. To employ a construction contractor who is approved by the director of the
department having jurisdiction over the infrastructure to be constructed, said
contractor to meet City's requirements for being prequalified, insured, licensed and
bonded to do work in public ways and/or prequalified to perform water/wastewater
construction as the case may be.
ii. To require its contractor to furnish to the City a payment and performance bond in
the names of the City and the Developer for one hundred percent (100%) of the
contract price of the infrastructure, and a maintenance bond in the name of the City
for one hundred percent (100%) of the contract price of the infrastructure for a
period of two (2)years from the date of final acceptance insuring the maintenance
and repair of the constructed infrastructure during the term of the maintenance
City of Fort Worth,Texas
Standard Community Facilities Agreement(Concurrent)-Project Dave Rd.A
CFA Official Release Date:02.20.2017
Page 3 of 16
bond. All bonds to be furnished before work is commenced and to meet the
requirements of Chapter 2253, Texas Government Code.
iii. To require the contractor(s) it hires to perform the construction work contemplated
herein to provide insurance equal to or in excess of the amounts required by the
City's standard specifications and contract documents for developer-awarded
infrastructure construction contracts. The City shall be named as additional insured
on all insurance required by said documents and same will be evidenced on the
Certificate of Insurance (ACORD or other state-approved form) supplied by the
contractor's insurance provider and bound in the construction contract book.
iv. To require its contractor to give 48 hours advance notice of intent to commence
construction to the City's Construction Services Division so that City inspection
personnel will be available; to require the contractor to allow the construction to be
subject to inspection at any and all times by City inspection forces,to not install or
relocate any sanitary sewer, storm drain, or water pipe unless a responsible City
inspector is present and gives his consent to proceed, and to make such laboratory
tests of materials being used as may be required by the City.
V. To require its contractor to have fully executed contract documents submitted to
the City in order to schedule a Pre-Construction Meeting. The submittal should
occur no less than 10 working days prior to the desired date of the meeting. No
construction will commence without a City-issued Notice to Proceed to the
Developer's contractor.
vi. To delay connections of buildings to service lines of sewer and water mains
constructed under this Agreement, if any, until said sewer and water mains and
service lines have been completed to the satisfaction of the Water Department.
G. Developer shall provide at its expense, unless otherwise agreed to by City, all engineering
drawings and documents necessary to construct the improvements under this Agreement.
H. Developer shall cause the installation or adjustment of the required utilities to serve the
development or to construct the Improvements required herein.
I. City shall not be responsible for payment of any costs that may be incurred by Developer in
the relocation of any utilities that are or may be in conflict with any of the community facilities
to be installed hereunder.
City of Fort Worth,Texas
Standard Community Facilities Agreement(Concurrent)-Project Dave Rd. A
CFA Official Release Date:02.20.2017
Page 4 of 16
J. Developer hereby releases and agrees to indemnify, defend and hold the City harmless
for any inadequacies in the preliminary plans,specifications and cost estimates supplied
by the Developer for this Agreement.
K. Developer agrees to provide, at its expense, all necessary rights of way and easements across
property owned by Developer and required for the construction of the current and future
improvements provided for by this Agreement.
L. The Developer further covenants and agrees to, and by these presents does hereby,
fully indemnify, hold harmless and defend the City, its officers, agents and employees
from all suits,actions or claims of any character,whether real or asserted, brought for
or on account of any injuries or damages sustained by any persons (including death)
or to any property, resulting from or in connection with the construction, design,
performance or completion of any work to be performed by said Developer, its
contractors, subcontractors, officers, agents or employees, or in consequence of any
failure to properly safeguard the work, or on account of any act, intentional or
otherwise, neglect or misconduct of said Developer, its contractors, sub-contractors,
officers, agents or employees, whether or not such injuries, death or damages are
caused, in whole or in part, by the alleged negligence of the City of Fort Worth, its
officers, servants, or employees.
M. Developer will further require its contractors to indemnify, defend and hold harmless
the City, its officers, agents and employees from and against any and all claims, suits or
causes of action of any nature whatsoever, whether real or asserted, brought for or on
account of any injuries or damages to persons or property, including death, resulting
from,or in any way connected with,the construction of the infrastructure contemplated
herein, whether or not such injuries, death or damages are caused, in whole or in part,
by the alleged negligence of the City of Fort Worth, its officers, servants, or employees.
Further,Developer will require its contractors to indemnify, and hold harmless the City
for any losses, damages, costs or expenses suffered by the City or caused as a result of
said contractor's failure to complete the work and 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.
City of Fort Worth,Texas
Standard Community Facilities Agreement(Concurrent)-Project Dave Rd.A
CFA Official Release Date: 02.20.2017
Page 5 of 16
N. Upon completion of all work associated with the construction of the Improvements,
Developer will assign to the City a non-exclusive right to enforce the contracts entered into
by the Developer with its contractor along with an assignment of all warranties given by the
contractor, whether express or implied. Further, Developer agrees that all contracts with any
contractor shall include provisions granting to the City the right to enforce such contracts as
an express intended third party beneficiary of such contracts.
O. Inspection and material testing fees are required as follows:
i. Developer shall pay in cash water and wastewater inspection fees and material
testing fees equal to two percent (2%) for a total of 4% of the developer's share of
the total construction cost as stated in the construction contract.
ii. Developer shall pay in cash paving and storm drain inspection fees equal to four
percent (4%) and material testing fees equal to two percent (2%) for a total of 6%
of the developer's share of the total construction cost as stated in the construction
contract.
iii. Developer shall pay in cash the total cost of streetlights or if the city is not installing
the streetlights, inspection fees equal to four percent (4%) of the developer's share
of the streetlight construction cost as stated in the construction contract.
iv. Developer shall pay in cash the total cost of street signs.
P. COMPLETION WITHIN 2 YEARS
i. Developer shall complete the Improvements within two (2) years, provided,
however, if construction of the Improvements has started within the two year
period,the developer may request that the CFA be extended for one additional year.
ii. Nothing contained herein is intended to limit the Developer's obligations
under the Policy, this Agreement, its financial guarantee, its agreement with
its contractor or other related agreements.
iii. The City may utilize the Developer's financial guarantee submitted for this
Agreement to cause the completion of the construction of the Improvements if at
the end of two(2)years from the date of this Agreement(and any extension period)
the Improvements have not been completed and accepted.
iv. The City may utilize the Developer's financial guarantee to cause the completion
of the construction of the Improvements or to cause the payment of costs for
City of Fort Worth, Texas
Standard Community Facilities Agreement(Concurrent)-Project Dave Rd.A
CFA Official Release Date: 02.20.2017
Page 6of16
construction of same before the expiration of two (2) years if the Developer
breaches this Agreement, becomes insolvent or fails to pay costs of construction
and the financial guarantee is not a Completion Agreement. If the financial
guarantee is a Completion Agreement and the Developer's contractors and/or
suppliers are not paid for the costs of supplies and/or construction, the contractors
and/or suppliers may put a lien upon the property which is the subject of the
Completion Agreement.
Q. Developer acknowledges that in accordance with Chapter 2270 of the Texas Government
Code,the City is prohibited from entering into a contract with a company for goods or services
unless the contract contains a written verification from the company that it: (1) does not
boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms
"boycott Israel" and "company" shall have the meanings ascribed to those terms in Section
808.001 of the Texas Government Code. By signing this contract, Developer certifies that
Developer's signature provides written verification to the City that Developer: (1) does not
boycott Israel; and (2)will not boycott Israel during the term of the contract.
R. IMMIGRATION AND NATIONALITY ACT
Developer shall verify the identity and employment eligibility of its employees who perform
work under this Agreement, including completing the Employment Eligibility Verification
Form (I-9). Upon request by City, Developer shall provide City with copies of all I-9 forms
and supporting eligibility documentation for each employee who performs work under this
Agreement. Developer shall adhere to all Federal and State laws as well as establish
appropriate procedures and controls so that no services will be performed by any Developer
employee who is not legally eligible to perform such services. DEVELOPER SHALL
INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,
LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY
DEVELOPER, DEVELOPER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. City, upon written notice to Developer, shall have the right to immediately
terminate this Agreement for violations of this provision by Developer.
City of Fort Worth,Texas
Standard Community Facilities Agreement(Concurrent)-Project Dave Rd.A
CFA Official Release Date:02.20.2017
Page 7 of 16
S. PHASED COMMUNITY FACILITIES
If the improvements contained in this Agreement will connect to improvements Developer is
constructing under a separate Community Facilities Agreement and the improvements in the
separate Community Facilities Agreement have not been completed and accepted by the City,
this Agreement shall be considered a "Phased CFA" and the provisions contained in this
section shall apply.
The improvements being constructed by Developer under the separate Community Facilities
Agreement shall be defined as the"Parent Project." The improvements being constructed by
Developer under this Agreement shall be defined as the"Child Project."
Developer acknowledges and agrees that due to Developer's election to construct a Phased
CFA, the potential exists for technical, delivery, acceptance or performance problems
(hereinafter "Construction Problems"). Construction Problems may include, but are not
limited to: failure of the improvements to comply with the approved plans or City
Specifications; failure of the improvements in the Parent Project and the Child Project to
properly connect to each other; changes to the design or construction of the improvements in
the Parent Project that impact the design and construction of the improvements in the Child
Project; construction delays, delay claims, or claims for liquidated damages; increased costs
for the Developer; failure of the improvements to pass inspection or material testing; or
rejection by the City of some or all of the improvements and Developer having to remove and
reconstruct the improvements at Developer's expense. In addition, Developer understands
and agrees that disputes may arise between Developer's contractors or their subcontractors
relating to responsibility for the Construction Problems. Developer shall be solely responsible
for resolving disputes between contractors or disputes between contractors and
subcontractors.
Developer further acknowledges and agrees that Developer has notified all of Developer's
contractors for the Project that Developer has elected to construct a Phased CFA, the
provisions of this section,the risks associated with a Phased CFA, and that the City shall not
bear any responsibility for Developer's decision to proceed with a Phased CFA.
Developer shall not make the final connection of the improvements in the Child Project to the
improvements in the Parent Project until the improvements in the Parent Project have been
constructed and accepted by the City and the City has consented to Developer making the
connection.
Developer agrees that if this Agreement is for improvements relating to the construction,
renovation or modification of one or more single family residential homes or structures, the
City will not record the plat related to the Project until the improvements are constructed and
accepted by the City. Developer agrees that if this Agreement is for improvements relating
to the construction, renovation or modification of one or more commercial buildings or
structures, the Developer shall not receive a Certificate of Occupancy from the City for the
building(s) related to the Project until the improvements in this Agreement are constructed
and accepted by the City. Developer further understands and agrees that completion of the
City of Fort Worth,Texas
Standard Community Facilities Agreement(Concurrent)-Project Dave Rd.A
CFA Official Release Date:02.20.2017
Page 8 of 16
improvements under this Agreement does not entitle Developer to obtain a final plat of the
property until all other requirements of Federal law, State law, or the City Code relating to
the filing and recording of a final plat have been met by Developer.
BY CHOOSING TO CONSTRUCT A PHASED CFA, DEVELOPER ASSUMES ALL
RISKS AND DEVELOPER SHALL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY AND ALL
ECONOMIC DAMAGES PROPERTY LOSS, PROPERTY DAMAGES AND
PERSONAL INJURY, (INCLUDING DEATH), OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED. DEVELOPER HEREBY EXPRESSLY
RELEASES AND DISCHARGES CITY FROM ANY AND ALL LIABILITY FOR
DAMAGES, INCLUDING, BUT NOT LIMITED TO ANY AND ALL ECONOMIC
DAMAGES, PROPERTYLOSS, PROPERTYDAMAGE AND PERSONAL INJURY
(INCLUDING DEATH) ARISING OUT OF OR IN CONNECTION WITH,
DIRECTL Y OR INDIRECTL Y, THE CONSTRUCTION OF THE IMPRO VEMENTS
OR DEVELOPER'S DECISION TO CONSTRUCT A PHASED CFA. DEVELOPER,
AT ITS SOLE COST AND EXPENSE, AGREES TO AND DOES HEREBY
INDEMNIFY, DEFEND PROTECT, AND HOLD HARMLESS CITY, AND CITY'S
OFFICERS, REPRESENTATIVES, AGENTS, EMPLOYEES, AND SERVANTS
FOR,FROMAND AGAINST ANYAND ALL CLAIMS(WHETHER AT LA W OR IN
EQUITY), LIABILITIES, DAMAGES (INCLUDING ANY AND ALL ECONOMIC
DAMAGES, PROPERTY LOSS, PROPERTY DAMAGES AND PERSONAL
INJURIES INCLUDING DEATH), LOSSES, LIENS, CA USES OF ACTION, SUITS,
JUDGMENTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, COURT
COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION), OF ANY
NATURE,KIND OR DESCRIP TION ARMING OR ALLEGED TO ARISE BY OR IN
ANY WAY RELATED TO CONSTRUCTION OF THE IMPROVEMENTS OR
DEVELOPER'S CHOICE TO CONSTRUCT A PHASED CFA, OR(2)BYREASON
OF ANY OTHER CLAIM WHATSOEVER OF ANY PERSON OR PARTY
OCCASIONED OR ALLEGED TO BE OCCASIONED IN WHOLE OR IN PART BY
THE CONSTRUCTIONS OF THE IMPROVEMENTS OR DEVELOPER'S CHOICE
TO CONSTRUCT A PHASED CFA WHETHER OR NOT SUCHINJURIES,DEATH
OR DAMAGES ARE CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED
NEGLIGENCE OF THE CITY OFFORT WORTH,ITS OFFICERS,SERVANTS, OR
EMPLOYEES.
City of Fort Worth,Texas
Standard Community Facilities Agreement(Concurrent)-Project Dave Rd.A
CFA Official Release Date: 02.20.2017
Page 9 of 16
Cost Summary Sheet
Project Name: Project Dave Rd. A
CFA No.: 2017-209 City Project No.: 101355
An Engineer's Estimate of Probable Cost is acceptable. However, the construction contract price
will ultimately determine the amount of CFA fees and financial guarantee. The bid price and
any additional CFA payments will be required prior to scheduling a pre-construction meeting.
An itemized estimate corresponding to each project-specific exhibit is required to support the
following information.
Items Developer's Cost
A. Water and Sewer Construction
1. Water Construction $ 890,350.50
2.Sewer Construction $ 222,838.00
Water and Sewer Construction Total $ 1,113,188.50
B. TPW Construction
1.Street $ 1,251,540.50
2.Storm Drain $ 609,114.00
3.Street Lights Installed by Developer $ 125,000.00
4. Signals $ -
TPW Construction Cost Total $ 1,985,654.50
Total Construction Cost(excluding the fees): $ 3,098,843.00
Construction Fees:
C. Water/Sewer Inspection Fee(2%) $ 22,263.77
D. Water/Sewer Material Testing Fee(2%) $ 22,263.77
Sub-Total for Water Construction Fees $ 44,527.54
E. TPW Inspection Fee(4%) $ 74,426.18
F. TPW Material Testing(2%) $ 37,213.09
G. Street Light Inspsection Cost $ 5,000.00
H. Signals Inspection Cost $ -
H. Street Signs Installation Cost $
Sub-Total for TPW Construction Fees $ 116,639.27
Total Construction Fees: $ 161,166.81
Choice
Financial Guarantee Options,choose one Amount 'mark one
Bond=100% $ 3,098,843.00
Completion Agreement=100%/Holds Plat $ 3,098,843.00
Cash Escrow Water/Sanitary Sewer-125% $ 1,391,485.63
Cash Escrow Paving/Storm Drain=125% $ 2,482,068.12'
Letter of Credit=125%w/2yr expiration peri2d $ 3,873,553.75 x
City of Fort Worth,Texas
Standard Community Facilities Agreement(Concurrent)-Project Dave Rd.A
CFA Official Release Date: 02.20.2017
Page 10 of 16
ACCORDINGLY,the City of Fort Worth and Developer have each caused this instrument to be
executed in quadruplicate in each entity's respective name by its duly authorized signatories effective as
of the date executed by the City's City Manager or his/her designee.
CITY OF FORT WORTH DEVELOPER
Exel Inc.,d/b/a DHL Supply Chain(USA)
Jesus Chapa(Mar 22,2 18)
Jesus J. Chapa
Assistant City Manager
Mark Smolik(Mar 21,2018)
Date:
Name: Mark Smolik
Recommended by: Title: Vice President
94
r to Date: Mar 21,2018
Evelyn Rober •(Mar 21,2018)
Evelyn Roberts/Jennifer Ezernack
Project Assistant
Planning and Development Contract Compliance Manager:
By signing, I acknowledge that I am the
person responsible for the monitoring and
Approved as to Form & Legality: administration of this contract, including
ensuring all performance and reporting
requirements.
JZ -4tzc�
Richard A.McCracken(Mar22,2018)
Richard A. McCracken Tame scario f-Narales
Assistant City Attorney Janie Scarlett Morales(Mar22,2018)
M&C No. N/A Name: Janie Morales
Date: Title: Development Manager
Form 1295: N/A
of-F...
ATTEST: T�
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Nary✓.
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Mary J.Kayser(Mar22,2018) -
Mary J. Kayser/Ronaales
City Secretary/Assistari &ret OFFICIAL RECORD
CITY SECRETARY
FT,WORTNo TX
City of Fort Worth,Texas
Standard Community Facilities Agreement(Concurrent)-Project Dave Rd.A
CFA Official Release Date:02.20.2017
Page 11 of 16
Check items associated with the project being undertaken; checked items must be
included as Attachments to this Agreement
Included Attachment
Attachment 1 -Changes to Standard Community Facilities Agreement
Attachment 2—Concurrent CFA Provision
Location Map
® Exhibit A: Water Improvements
Water Cost Estimate
Exhibit A-1: Sewer Improvements
Sewer Cost Estimate
Exhibit B: Paving Improvements
Paving Cost Estimate
® Exhibit 13-1: Storm Drain Improvements
® Storm Drain Cost Estimate
Exhibit C: Street Lights and Signs Improvements
Street Lights and Signs Cost Estimate
(Remainder of Page Intentionally Left Blank)
City of Fort Worth,Texas
Standard Community Facilities Agreement(Concurrent)-Project Dave Rd.A
CFA Official Release Date:02.20.2017
Page 12 of 16
ATTACHMENT"I"
Changes to Standard Agreement
Community Facilities Agreement
City Project No. 101355
Insert"None."if there are no negotiated changes. If changes have been negotiated,please insert them
below citing to the paragraph for reference.
City of Fort Worth,Texas
Standard Community Facilities Agreement(Concurrent)-Project Dave Rd.A
CFA Official Release Date:02.20.2017
Page 13 of 16
ATTACHMENT"2"
Concurrent CFA Provision
City Project No. 101355
The improvements being constructed by Developer pursuant to this Agreement will
connect to improvements being constructed by Forestar (USA) Real Estate Groin, Inc. , under a
separate Community Facilities Agreement, City Secretary Contract No. 50407_(hereinafter the
"Separate CFA"). Developer has requested and the City has agreed to allow Developer to begin
the construction of the improvements contained in this Agreement before the improvements being
constructed under City Secretary Contract No. 50406 are completed and accepted by the City.
Therefore, this Agreement shall be considered a "Concurrent CFA" and the provision contained
in this Attachment shall apply to this Agreement.
The improvements being constructed under the Separate CFA shall be defined as the
"Primary Project." The improvements being constructed by Developer under this Agreement shall
be defined as the "Secondary Project."
Developer acknowledges and agrees that due to Developer's election to construct a
Concurrent CFA, the potential exists for technical, delivery, acceptance or performance problems
(hereinafter "Construction Problems"). Construction Problems may include, but are not limited
to: failure of the improvements to comply with the approved plans or City Specifications; failure
of the improvements in the Primary Project and the Secondary Project to properly connect to each
other; changes to the design or construction of the improvements in the Primary Project that impact
the design and construction of the improvements in the Secondary Project; construction delays,
delay claims, or claims for liquidated damages; increased costs for the Developer or the developer
of the Primary Project; failure of the improvements to pass inspection or material testing; or
rejection by the City of some or all of the improvements and Developer or the developer of the
Primary Project having to remove and reconstruct the improvements at the expense of Developer,
developer of the Primary Project, or both. In addition, Developer understands and agrees that
disputes may arise between the contractors or subcontractors for the Primary Project and the
contractors or subcontractors for the Secondary Project relating to responsibility for the
Construction Problems. Developer shall be solely responsible for resolving disputes between
contractors, disputes between contractors and subcontractors and disputes between Developer and
the developer of the Primary Project.
Developer acknowledges and certifies that Developer has entered into a written agreement
with the developer of the Primary Project and said agreement: (1) provides Developer with any
access needed through property owned by the developer of the Primary Project; (2)that Developer
and the developer of the Primary Project shall resolve all disputes regarding the design and
construction of the Primary Project and the Secondary Project;and(3)the developer of the Primary
Project will notify Developer of any all changes to the design or construction of the improvements
in the Primary Project, including any field changes.
City of Fort Worth, Texas
Standard Community Facilities Agreement(Concurrent)-Project Dave Rd.A
CFA Official Release Date:02.20.2017
Page 14 of 16
Developer further acknowledges and agrees that Developer has notified all of Developer's
contractors for the Project that Developer has elected to construct a Concurrent CFA, the
provisions of this Attachment, the risks associated with a Concurrent CFA, and that the City shall
not bear any responsibility for construction of the improvements or Developer's decision to
proceed with a Concurrent CFA.
Developer shall not make the final connection of the improvements in the Secondary
Project to the improvements in the Primary Project until the improvements in the Primary Project
have been constructed and accepted by the City and the City has consented to Developer making
the connection.
Developer agrees that by electing to execute a Concurrent CFA, Developer waives the right
to use a completion agreement as the form of financial guarantee for the Project. Developer agrees
that if this Agreement is for improvements relating to the construction, renovation or modification
of one or more single family residential homes or structures,the City will not record the plat related
to the Project until the improvements are constructed and accepted by the City. Developer agrees
that if this Agreement is for improvements relating to the construction, renovation or modification
of one or more commercial buildings or structures, the Developer shall not receive a Certificate of
Occupancy from the City for the building(s) related to the Project until the improvements in this
Agreement are constructed and accepted by the City. Developer further understands and agrees
that completion of the improvements under this Agreement does not entitle Developer to obtain a
final plat of the property until all other requirements of Federal law, State law, or the City Code
relating to the filing and recording of a final plat have been met by Developer.
BY CHOOSING TO CONSTRUCT A CONCURRENT CFA, DEVELOPER
ASSUMES ALL RISKS AND DE VEL OPER SHALL BE LIABLE AND RESPONSIBLE
FOR ANYAND ALL DAMAGES,INCL UDING BUT NOT LIMITED TO,ANYAND ALL
ECONOMICDAMAGES,PROPERTYLOSS,PROPERTYDAMAGESANDPERSONAL
INJURY(INCLUDING DEATH), OFANYKIND OR CHARACTER, WHETHER REAL
OR ASSERTED. DEVELOPER HEREBYEXPRESSL YRELEASESAND DISCHARGES
CITY FROM ANY AND ALL LIABILITY FOR DAMAGES, INCLUDING, BUT NOT
LIMITED TO, ANY AND ALL ECONOMIC DAMAGES, PROPERTY LOSS,
PROPERTY DAMAGE AND PERSONAL INJURY (INCLUDING DEATH) ARISING
OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE
CONSTRUCTION OF THE IMPROVEMENTS OR DEVELOPER'S DECISION TO
CONSTRUCT A CONCURRENT CFA. DEVELOPER, AT ITS SOLE COST AND
EXPENSE,AGREES TOANDDOESHEREBYINDEMNIFY,DEFEND,PROTECT,AND
HOLD HARMLESS CITY, AND CITY'S OFFICERS, REPRESENTATIVES, AGENTS,
EMPLOYEES,AND SERVANTS FOR,FROMAND AGAINST ANYAND ALL CLAIMS
(WHETHER AT LA WOR IN EQUITY), LIABILITIES, DAMAGES(INCLUDING ANY
AND ALL ECONOMIC DAMAGES, PROPERTY LOSS, PROPERTY DAMAGES AND
PERSONAL INJURIES INCL UDING DEATH),LOSSES,LIENS, CA USES OFA CTION,
SUITS,JUDGMENTS AND EXPENSES(INCL UDING,BUT NOT LIMITED TO, COURT
COSTS, ATTORNEYS'FEES AND COSTS OF INVESTIGA TION), OF ANY NATURE,
KIND OR DESCRIPTION ARISING OR ALLEGED TO ARISE BY OR IN ANY WA Y
RELEATED TO CONSTRUCTION OF THE IMPROVEMENTS OR DEVELOPER'S
City of Fort Worth,Texas
Standard Community Facilities Agreement(Concurrent)-Project Dave Rd.A
CFA Official Release Date:02.20.2017
Page 15 of 16
CHOICE TO CONSTRUCT A CONCURRENT CFA, OR (2) BY REASON OF ANY
OTHER CLAIM WHATSOEVER OF ANY PERSON OR PARTY OCCASIONED OR
ALLEGED TO BE OCCASIONED IN WHOLE OR INPART BY THE CONSTRUCTION
OF THE IMPROVEMENTS OR DEVELOPER'S CHOICE TO CONSTRUCT A
CONCURRENT CFA, WHETHER OR NOT SUCH INJURIES, DEATH OR DAMAGES
ARE CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE
CITY OFFOR T WORTH,ITS OFFICERS, SERVANTS, OR EMPLOYEES.
By signing below, Developer certifies that all statements contained in this Attachment"2"
Concurrent CFA Provision are true and correct.
DEVELOPER:
Mlt.d
Mark Smolik(Mar 21,2018)
Name: Mark A Smolik
Title: Vice President
City of Fort Worth,Texas
Standard Community Facilities Agreement(Concurrent)-Project Dave Rd.A
CFA Official Release Date:02.20.2017
Page 16 of 16
BID SUMMARY
UNIT I:WATER IMPROVEMENTS $890,350.50
UNIT II:SANITARY SEWER IMPROVEMENTS $222,838.00
UNIT III:DRAINAGE IMPROVEMENTS $609,114.00
UNIT IV:PAVING IMPROVEMENTS $1,251,540.50
UNIT V.STREET LIGHTING IMPROVEMENTS $125,000.00
Total Construction Bid $3,098,843.00
This Bid is submitted on by the entity named below.
Respectfully submitted, Receipt is acknowledged of
the following Addenda: Initial
By:_ Addendum No. 1:
(Sig re) Addendum No.2:
Addendum No. 3:
Brock Huggins JAddendum No.4:
(Printed Name)
Title: President
Company: Conatser Construction Tx,L.P. Corporate Seal:
Address: 5327 Wichita Street, Fort Worth,TX 76619
State of Incorporation:
Email: bPOCk@c,4,xJlp..cAr,%
Phone: 813.,53q.
Contractor agrees to complete WORK for FINAL ACCEPTANCE within 180 calendar days
after the date when the CONTRACT commences to run as provided in the General Conditions.
M SEUTION
Project Dave,Road A(Chaplin Drive)
Project Number 101355
00 42 43
DAP-BID Proposal
Page 1 of 3
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Conatser Construction
Project Item Information
(02.26.2018)
Bidlist Item Unit of Bid
No Description Specification Section No. Measure Quantity Uni[Rice Bid Value
UNIT I:WATER IMPROVEMENTS
1 0241.1106 16"Pressure Plug 0241 14 EA 1 $1,000.00 $1,000.00
2 0241.1118 4"-12"Pressure Plug 0241 14 EA 10 $800.00 $8,000.00
3 3305.0109 Trench Safety 33 05 10 LF 6060 $2.00 $12,120.00
4 3305.0116 Concrete Encasement for Utility Pipes 33 05 10 CY 10 $200.00 $2,000.00
5 3311.0001 Ductile Iron Water Fittings w/Restraint 3311 11 TON 7.5 $3,215.00 $24,112.50
6 3311.0061 4"PVC Water Pipe 3311 12 LF 31 $32.00 $992.00
7 3311.0161 6"PVC Water Pipe 3311 12 LF 200 $36.001 $7,200.00
8 13,311.0461 12"PVC Water Pipe 3311 12 LF 231 $46.00 $10,626.00
9 3311.0561 16"PVC C905 Water Pipe 3311 12 LF 33 $70.00 $2,310.00
10 3311.0661 24"PVC C905 Water Pipe 3311 12 LF 50 $120.00 $6,000.00
11 3312.0108 Connection to Existing 24"Water kbin 33 12 25 EA 1 $2,000.00 $2,000.00
12 3312.1003 3"Combination Air Valve Assembly for Water 33 12 30 EA 3 $9,500.00 $28,500.00
13 3312.2801 3"Water Meter and Vault 33 12 11 EA 2 $15,500.00 $31,000.00
14 3312.3002 6"Gate Valve 33 12 20 EA 5 $950.001 $4,750.00
15 13312.3005 12"Gate Valve 33 12 20 EA 5 $2,400.00 $12,000.00
16 3312.3006 16"Gate Valve w/Vault 33 12 20 EA 1 $12,500.00 $12,500.00
17 3312.3007 20"Gate Valve w/Vault .331220 EA 6 $24,000.00 $144,000.00
18 3312.4213 24"x 20"Tapping Sleeve&Valve 33 12 25 EA 1 $7,500.00 $7,500.00
19 3312.6002 6"Blow Off Valve 33 12 60 EA 3 $7,200.00 $21,600.00
20 9999.0001 20"PVC C905 Water Pipe 3311 12 LF 5546 $90.00 $499,140.00
21 9999.0002 12"Double Detector Check Valve with Vault 33 05 16 EA 2 $26,500.001 $53,000.00
TOTAL UNIT[:WATER IMPROVEMENTS $890,350.50
UNIT II:SANITARY SEWER IMPROVEMENTS
1 0241.2103 8"Sewer Abandonment Plug 0241 14 EA 6 $800.00 $4,800.00
2 0241.2105 12"Sewer Abandonment Plug 0241 14 EA 1 $1,000.00 $1,000.00
3 3301.0002 Post-CCN Inspection 3301 31 LF 2195 $2.00 $4,390.00
4 3301.0101 Manhole Vacuum Testing 3301 30 EA 11 $150.00 $1,650.00
5 3305.0109 Trench Safety 33 05 10 LF 2195 $2.00 $4,390.00
6 3305.0112 Concrete Collar 330517 EA 1 $500.00 $500.00
7 3305.0116 Concrete Encasement for Utility Pipes 33 05 10 CY 32 $200.001 $6,400.00
8 3331.4115 8"Sewer Pipe 33 11 10,33 31 12, LF 210 $46.00 $9,660.00
3331 20
9 3331.4208 12"Sewer Pipe 33 11 10,33 31 12, LF 1985 $60.00 $119,100.00
3331 20
10 3339.1001 4'kbnhole 33 39 10,33 39 20 EA 8 $5,000.00 $40,000.00
11 3339.1002 4'Drop Manhole 1333910,333920 EA 3 $6,000.00 $18,000.00
12 3339.1003 4'Extra Depth Manhole 133 39 10,33 39 20 VF 1 66.4 $195.001 $12,948.00
TOTAL UNIT 11:SANITARY SEWER IMPROVEMENTS1 $222,838.00
CITY OF FORT WORTH Project Dave,Road A(Chaplin Drive)
STANDARD CONSTRUCTION BID FORM-DEVELOPER AWARDED PROJECTS Project Number 101355
Form Revised April 2,2014
00 42 43
DAP-BID Proposal
Page 2 of 3
Conatser Construction
Project Item Informatio❑
(02.26.2018)
Bidlist Item Unit of Bid
Description Specification Section No. Unit Price Bid Value
No. Measure Quantity
UNIT III:DRAINAGE IMPROVEMENTS
1 3137.0102 Large(18")Stone Riprap,dry 31 3700 SY 1120 $75.00 $84,000.00
2 3301.0002 Post-CCN Inspection 3301 31 LF 2196 $2.00 $4,392.00
3 3305.0109 Trench Safety 33 05 10 LF 2196 $2.00 $4,392.00
4 3341.0201 21"RCP,Class III 3341 10 LF 1140 $65.00 $74,100.00
5 3341.0208 27"RCP,Class III 3341 10 LF 337 $90.00 $30,330.00
6 3341.0409 48"RCP,Class III 3341 10 LF 291 $160.00 $46,560.00
7 13341.0502 54"RCP,Class III 3341 10 LF 135 $190.00 $25,650.00
8 3341.0602 60"RCP,Class III 3341 10 LF 139 $210.00 $29,190.00
9 3341.1603 9'x 6'Box Culvert 3341 10 LF 307 $500.00 $153,500.00
10 3349.0001 4'Storm Junction Box 33 49 10 EA 6 $5,000.00 $30,000.00
11 3349.0002 5'Storm Junction Box 33 49 10 EA 2 $7,000.00 $14,000.00
12 3349.0003 6'Storm Junction Box 33 49 10 EA 2 $8,500.00 $17,000.00
13 3349.1000 Headwall,Box Culvert 33 49 40 CY 10 $2,250.00 $22,500.00
14 13349.4104 21"SET,1 pipe 33 49 40 EA 1 $3,000.00 $3,000.00
15 3349.4106 27"SET,1 pipe 33 49 40 EA 1 $3,500.00 $3,500.00
16 3349.4113 48"SET,1 pipe 33 49 40 EA 1 $5,000.00 $5,000.00
17 3349.4114 54"SET,1 pipe 33 49 40 EA 1 $6,000.00 $6,000.00
18 3349.4115 60"SET,1 pipe 33 49 40 EA 1 $7,500.00 $7,500.00
19 3349.5001 10'Curb Inlet 33 49 20 EA 8 $5,000.00 $40,000.00
20 9999.0003 Remove and Replace Ex.Stone Riprap,dry 31 3700 SY 170 $50.001 $8,500.00
TOTAL UNIT III:DRAINAGE IMPROVEMENTS $609,114.00
UNIT IV:PAVING IMPROVEMENTS
1 0241.0402 Remove Asphalt Drive 0241 13 SF 1619 $2.00 $3,238.00
2 3110.0101 Site Clearing 31 1000 LS 1 $7,500.00 $7,500.00
3 3110.0102 6"-12"Tree Removal 31 1000 EA 20 $300.00 $6,000.00
4 3123.0101 Unclassified Excavation by Plan 31 2316 CY 2033 $12.00 $24,396.00
5 3124.0101 Embankment by Plan 31 2400 CY 26046 $6.00 $156,276.00
6 3125.0101 SWPPP >_1 acre 31 2500 LS 1 $10,000.00 $10,000.00
7 3211.0400 Hydrated Lime 3211 29 TN 260 $190.00 $49,400.00
8 3211.0502 8"Lime Treatment 3211 29 SY 10750 $3.50 $37,625.00
9 3213.0105 10"Cone Pvmt 32 13 13 SY 9818 $75.00 $736,350.00
10 3213.0301 4"Conc Sidewalk 32 13 20 SF 25523 $3.50 $89,330.50
11 3213.0504 Barrier Free Ramp,Type M-2 32 13 20 EA 2 $1,500.00 $3,000.00
12 3213.0506 Barrier Free Ramp,Type P-1 32 13 20 EA 8 $1,500.00 $12,000.00
13 3217.0003 4"BRK Pvmt Marking HAS(W) 32 17 23 LF 651 $4.00 $2,604.00
14 3217.0008 4"SLD Pvmt Marking Tape(Y) 32 17 23 LF 4112 $4.00 $16,448.00
15 3217.1002 Lane Legend Arrow 32 17 23 EA 2 $1,250.00 $2,500.00
16 3217.2103 REFL Raised Marker TY Il-A-A 32 17 23 EA 10 $5.00 $50.00
17 3217.2104 REFL Raised Marker TY II-C-R 32 17 23 EA 50 $5.00 $250.00
18 3291.0100 Topsoil 3291 19 CY 4502 $5.50 $24,761.00
19 3292.0100 Block Sod Placement 32 92 13 SY 2835 $3.00 $8,505.00
20 3292.0400 Seeding,Hydromulch 329213 SY 14800 $1.00 $14,800.00
21 3441.4003 Furnish/Install Alum Sign Ground Mount City Std.34 41 30 EA 6 $850.00 $5,100.00
22 3471.0001 Traffic Control 3471 13 MO 1 $5,000.00 $5,000.00
23 9999.0004 9"Concrete Driveway 32 13 20 SF 1537 $11.00 $16,907.00
24 9999.0005 Stop Bar 32 17 23 LF 24 $500.00 $12,000.00
25 9999.0006 Landscape Maintenance 01 7823 LS 1 $7,500.00 $7,500.00
TOTAL UNIT IV:PAVING IMPROVEMENTS $1,251,540.50
CITY OF FORT WORTH Project Dave,Road A(Chaplin Drive)
STANDARD CONSTRUCTION BID FORM-DEVELOPER AWARDED PROJECTS Project Number 101355
Form Revised April 2,2014
00 42 43
DAP—BID Proposal
Page 3 of 3
Project Item Infom tion Conatser Construction
(02.26.2018)
Bidlist Item Unit of Bid
No. Description Specification Section No. Measure Quantity Unit Price Bid Value
UNIT V:STREET LIGHTING IMPROVEMENTS
1 2605.0112 Install Elec Sery Pedestal 26 05 00 EA 1 $7,500.00 $7,500.00
2 2605.2101 Conduit Box 26 05 33 EA 2 $850.00 $1,700.00
3 2605.3015 2"CONDT PVC SCH 80(T) 26 05 33 LF 2200 $12.00 $26,400.00
4 2605.3025 3"CONDT PVC SCH 80(T) 26 05 33 LF 200 $16.00 $3,200.00
5 3441.1502 Ground Box Type B,w/Apron 3441 10 EA 12 $750.00 $9,000.00
6 3441.3003 Rdwy Ilium Assmbly TY 18,18A,19,and D-40 3441 20 EA 12 $2,800.00 $33,600.00
7 3441.3201 LED Lighting Fixture 344120 EA 12 $1,500.001 $18,000.00
8 3441.3302 Rdwy Ilium Foundation TY 3,5,6,and 8 3441 20 1 EA 1 12 $1,400.001 $16,800.00
9 3441.3404 2-2-2-4 Quadplex Alum Elec Conductor 3441 20 1 LF 1 2200 $4.001 $8,800.00
TOTAL UNIT V:STREET LIGHTING IMPROVEMENTS $125,000.00
Bid S ummary
UNIT I:WATER IMPROVEMENTS $890,350.50
UNIT ll:SANITARY SEWER IMPROVEMENTS $222,838.00
UNIT III:DRAINAGE IMPROVEMENTS $609,114.00
UNIT IV:PAVING IMPROVEMENTS $1,251,540.50
UNIT V:STREET LIGHTING IMPROVEMENTS $125,000.00
Total Construction Bid $3,098,843.00
Contractor agrees to complete WORK for FINAL ACCEPTANCE within 180 calendar days after the date when the
CONTRACT commences to run as pro`ided in the General Conditions.
END OFSELTION
CITY OF FORT WORTH Project Dave,Road A(Chaplin Drive)
STANDARD CONSTRUCTION BID FORM—DEVELOPER AWARDED PROJECTS Project Number 101355
Form Revised April 2,2014
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