HomeMy WebLinkAboutContract 50763 COMMUNITY FACILITIES AGREEMENT
WITH CITY PARTICIPATION
Developer Company Name: Walton Development&Management TX,LLC
Address,State,Zip Code: 5420 LBJ Freeway Ste.790,Dallas,TX,75240
Phone&Email: 214-838-2101,mrobinsorgwalton.com
Authorized Signatory,Title: John Vick,President
Project Name: Rock Creek Ranch/Tarleton State University 36"Sanitary Sewer Main
Brief Description: Sewer
Project Location: Stuart Feltz Road East of Chisholm Trail Parkway
Plat Case Number: None Plat Name: None
Mapsco: 116B Council District: 6 City Project Number: 101142
CFA Number: 2017-135
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
City of Fort Worth,Texas
Standard Community Facilities Agreement with City Participation-Rock Creek Ranch/Tarleton State University
36"Sanitary Sewer Main
CFA Official Release Date:01.22.2017
Page 1 of 12
COMMUNITY FACILITIES AGREEMENT
WITH CITY PARTICIPATION
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No. �D D rJ C
WHEREAS, Walton Development & Management TX, 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 Rock Creek Ranch Tarleton State
University 36" Sanitary Sewer Main ("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 28656 on April 10,2018;and
WHEREAS, The City's cost participation shall be in an amount not to exceed
$1,012,476.60 ("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 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
City of Fort Worth,Texas
Standard Community Facilities Agreement with City ParticipattOFFICIAL
ock.Crek." leton State University
36"Sanitary Sewer MainI b-GCFA Official Release Date:01.22.2017 TY SECRETARYPage 2 of 12T,W1 ORTH,TX
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 H,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-
contractors)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) 0_ Sewer (A-1) -Z_ Paving (B) E3. Storm Drain (B-1) ti, Street Lights &
Signs (C) D.
E. The Developer shall award all contracts for the construction of community facilities in
accordance with Section H,paragraph 7 of the Policy and the contracts for the construction
of the public infrastructure shall be administered in conformance with paragraph 8,
Section H, 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.
City of Fort Worth,Texas
Standard Community Facilities Agreement with City Participation-Rock Creek Ranch/Tarleton State University
36"Sanitary Sewer Main
CFA Official Release Date:01.22.2017
Page 3 of 12
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 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-Rock Creek Ranch/Tarleton State University
36"Sanitary Sewer Main
CFA Official Release Date:01.22.2017
Page 4 of 12
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 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 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 Cityfor any losses, damages, costs or expenses suffered by the City or
City of Fort Worth,Texas
Standard Community Facilities Agreement with City Participation-Rock Creek Ranch/Tarleton State University
36"Sanitary Sewer Main
CFA Official Release Date:01.22.2017
Page 5 of 12
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 participate.
City participation in this CFA shall be subject to the annual availability of City
funds as approved by the City Council.
City of Fort Worth,Texas
Standard Community Facilities Agreement with City Participation-Rock Creek Ranch/Tarleton State University
36"Sanitary Sewer Main
CFA Official Release Date:01.22.2017
Page 6 of 12
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.
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(1-9). 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
City of Fort Worth,Texas
Standard Community Facilities Agreement with City Participation-Rock Creek Ranch/Tarleton State University
36"Sanitary Sewer Main
CFA Official Release Date:01.22.2017
Page 7 of 12
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.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
City of Fort Worth,Texas
Standard Community Facilities Agreement with City Participation-Rock Creek Ranch/Tarleton State University
36"Sanitary Sewer Main
CFA Official Release Date:01.22.2017
Page 8 of 12
Cost Summary Sheet
Project Name: Rock Creek Ranch/Tarleton State University 36"Sanitary Sewer Main
CFA No.:2017-135 City Project No.: 101142
Items Developer's Cost City's Cost PID Total Cost
A. Water and Sewer Construction
1. Water Construction $ - $ - $
2.Sewer Construction $ 75,454.36 $ 885,032.00 $ 1,342,860.64 $ 2,303,347.00
Contingency $ 88,503.20 $ 88,503.20
Water and Sewer Construction Total $ 75,454.36 $ 973,535.20 $ 1,342,860.64 $ 2,391,850.20
B. TPW Construction
1.Street $ - $ - $
2.Storm Drain $ $ $
3.Street Lights Installed by Developer $ $ - $
4. Signals $ $ $
TPW Construction Cost Total $ $ $
Total Construction Cost(excluding the fees): $ 75,454.36 $973,535.20 $1,342,860.64 $2,391,850.20
Construction Fees:
C. Water/Sewer Inspection Fee(2%) $ 1,509.09 $ 19,470.70 $ 26,857.21 $ 47,837.00
D. Water/Sewer Material Testing Fee(2%) $ 1,509.09 $ 19,470.70 $ 26,587.21 $ 47,837.00
Sub-Toto)for Water Construction Fees $ 3,018.18 $ 38,941.40 $ 53,714.42 $ 95,674.00
E. TPW Inspection Fee(4%) $ - $ - $ -
F. TPW Material Testing(2%) $ $ $
G. Street Light Inspsection Cost $ $ $
H. Signals Inspection Cost $ $ $
TPW Construction Fees Subtotal $ $ $
Total Construction Fees $ 3,018.18 $ 38,941.40 $53,714.42 $95,674.00
TOTAL PROJECT COST $ 78,472.54 $1,012,476.60 $1,396,575.06 $2,487,524.20
Financial Guarantee Options,choose one Amount Choice (Mark one)
Bond=100%
Completion Agreement=100%/Holds Plat
Cash Escrow PID Bond Funds $ 2,487,524.20 x
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 #han 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-Rock Creek Ranch/Tarleton State University
36"Sanitary Sewer Main
CFA Official Release Date:01.22.2017
Page 9 of 12
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
Walton Development&Management TX,LLC
9esu�7 l irea
JesusJChapa(May� ✓rohn Vi6k
Jesus J.Chapa John Vick(May 11,2018)
Assistant City Manager Name: John Vick
Date: May 15,2018 Title: President
Date: May 11,2018
Recommended by:
ATTEST: (Only if required by Developer)
Evelyn Foxe (May 1T, 1,2018)
Evelyn Roberts
Project Assistant Signature
Name: <N atnc->
Approved as to Form &Legality:
Contract Compliance Manager:
,�IL�IAYa>R y1L�.YuLK�f
Rwh'r' MIC—ken;Illy 15 201A, By signing I acknowledge that I am the person
Richard A. McCracken responsible for the monitoring and
Assistant City Attorney administration of this contract, including
M&C No. C-28656 ensuring all performance and reporting
Date: 4/10/18 requirements.
Form 1295: 2018-323300
Scams cleft Mnrale„M j1/�7�fi`—//��' ,�
ATTEST.•
Janie S. Morales
Development Manager
Mary J. r(N ,20181 17
Mary J. Kayser
City Secretary
OFFICIAL RECORD
CITY SECRETARY
City of Fort Worth,Texas FT.WORTH,TX
Standard Community Facilities Agreement with:City Participation-Rock Cre Ranch/Tarleton State U versity
36”Sanitary Sewer Main
CFA Official Release Date:01.22.2017
Page 10 of 12
-fowl'
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
with City Participation
f Location Map
Q Exhibit A:Water Improvements
Water Cost Estimate
Exhibit A-1: Sewer Improvements
Sewer Cost Estimate
fl Exhibit B: Paving Improvements
Q Paving Cost Estimate
❑ Exhibit B-1: Storm Drain Improvements
D Storm Drain Cost Estimate
Exhibit C: Street Lights and Signs Improvements
Street Lights and Signs Cost Estimate
(Remainder of Page Intentionally Left Blank)
a-
City of Fort Worth,Texas
Standard Community Facilities Agreement with City Participation-Rock Creek Ranch/Tarleton State University
36"Sanitary Sewer Main
CFA Official Release Date:01,22.2017
Page 11 of 12
ATTACHMENT"1"
Changes to Standard Agreement
Community Facilities Agreement
City Project No. 101142
None
City of Fort Worth,Texas
Standard Community Facilities Agreement with City Participation-Rock Creek Ranch/Tarleton State University
36"Sanitary Sewer Main
CFA Official Release Date:01.22.2017
Page 12 of 12
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00 4l 00.
AP BID FORM
1'aoc 1 oC3
SECTION 00 4100
DAP BID FORM
Walton Development&Management TX,LLC
TO: 5420 LBJ Freeway,Suite 790
Dallas,TX 75240
.FOR: Rock Creel(Ranch/Tarleton.State University Offsite 36"Sanitary Sewer Main
City Project No,: 101142
Units/Sections: Sewer 456008-0700430-101142-001480
X--24701.
1. Enter Into Agreement
The undersigned Bidder proposes
and agrees;ifthis Bid is accepted,to enter into an Agreement with Developer in the form included in the
Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents
for the Bid Price and Within the Contract Time indicated in this Bid and in accordance with the other
terms and conditions of the.Contract Documents.
2. BIDDER Acknowledgements and.Certification
2.1. In submitting.this.Bid, Bidder accepts all of the terms and conditions of the INVITATION TO
BIDDERS and INSTRUCTIONS TO BIDDERS,including without limitation those dealing
with the disposition.of Bid Bond.
2.2. Bidder is aware of all costs to provide the required insurance,will do so pending contract
award,and will provide a valid insurance certificate meeting all requirements in the
construction contract.
2.3. Bidder certifies thatthis Bid is genuine and not made in the interest of or on behalf of any
undisclosed individual or entity and is not submitted in conformity with any collusive
agreement or rules of any group,association,organization,or corporation.
2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or
sham Bid.
2.5. Bidder.has not solicited or.induced any individual,or entity to refrain from bidding.
'2:6. Bidder has not engaged iti corrupt,fraudulent,collusive,or coercive practices.in competing for
the Contract. Forthe purposes of this Paragraph:
A. "corrupt practice" means the offering,giving,receiving,or soliciting of anything of`value
likely to influence the action of-a public official in the bidding process.
CITY OF FORT WORTH RCR/TSU Offsite 36-SanitarySewer Main
STANDARD CONSTHLkTJON SIDTORM—DEVELOPER AWARDED PROJECTS City 0101142
rpm Revised April 2.2014
004100.
DAP 1310 FORM
Piga 2 df 3
b: "fraudulent practice" means an intentional misrepresentation of facts made. (a)to
influence the bidding piocess.to the detriment of Developer(b)to establish.Bid prices at
artificial non-competitive levels,or(c)to deprive Developer of the benefits.of free and
open competition.
c. "collusive practice"means a scheme or arrangement between two or more Bidders,with
or without the knowledge of Developer,a purpose ofwhich is to establish Bid prices.at
artificial,non-competitive levels.
d. "coercive practice" means harming_or threatening to harm,directly or indirectly,persons
or their property to influence their participation in-the bidding process or affect the.
execution of the Contract.
3. Prequalitication
The Bidder acknowledges that the following work types must be performed only by prequalified
contractors and subcontractors:
Sewer Interco tors,Development,42-inches and smaller
4. Time of Completion
4.1. The Work will be complete for Final Acceptance within 210 calendar days after the
date when the Contract Time commences to run as provided in the General Conditions.
4.2. Bidder accepts the provisions of the Agreement to liquidated damages,if applicable,in the event
of failure to complete.the Work(and/or achievement of Milestones.)within the times specified
in the Agreement.
5. Attached to this Bid
The following documents are attached to and made a.part of this Bid:
a. This Bid..Form, Section 00 4100
b. Bid Bond(if required),Section 0043 '13 issued by it surety meeting the
requirements of the General Conditions.
c. Proposal Form,Section 00 42 43
d. MBE Forms (if required)
e: Prequalification Statement,Section.00 45 1'2
f. Any additional documents that may be required by Section 12 of the.Instructions
to Bidders
g. Bidder.pre-qualifcation application(optional)
6. Total Bid Amount
6.1. Bidder will complete the Work in accordance with the Contract Documents for the following
bid amount. In the space provided below,please enter the total bid amount for this project.Only
this figure will be read publicly by the City at the bid opening.
6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid
amount entered below is subject to verification and/or modification by multiplying the unit
bid prices for each pay item by the respective estimated quantities shown in this proposal and
then totaling 611,of the dktended amounts.
6.3. Evaluation of Alternate Bid Items -<use this if applicable,otherwise delete>
C[TY OF FORT WORTH RCKMV Offsite 36"San"arySewer Main
STANDARD CONSTRUCTION BID FORM—DEVELOPER"AWARDED PROJECTS City i 101142
Farm Revised April I.2014
004100
DAP BID FORM
Paye 3 o1`3
Total Base Bid
Alternate Bid
Deductive Alternate
Additive Alternate
TOTAL BID Fiberglass $2,322,663.00
7. Bid Submittal 1
This Bid is submitted on ?i / 1 /7-0 1 8 by the entity named below:
Respectfully submitted,
By. Receipt is acknowledged of Initial
(Signaturethe following Addenda:
Addendum No. I
Printed Name)
f'�Esso was
/C60
Addendum No.2
(Title) Addendum No.3
Company: Condie Construction Co.,Inc. Addendum No.4
Address: 53 North 1650 West
Springville,Utah 84663
State of Incorporation: Utah
Email: Brad@Condieconstruction.com
Phone:940-648-2000
END OF SECTION
CITY OF FORT WORTH RCR/TSU Offsite 36"Sanitary Sewer Main
STANDARD CONSTRUCTIOt!BID FORM—DEVELOPER AWARDED PROJECTS 0ty0 101142
Form Reviud April 2.2014
sFC1i0N 00 4243
Developer Awarded Projbcts-PROPOSAL FORM
Rock:Creek Ranch-36"Offset Sanitary Sewer Main
UNIT PRICE BID
Project Item lnrormution: Condie Construction
BidlistSpecificationSection Unit of Aid
Item -Description No, Mcasun Quantity Unit Price Bid Value.
36"OMCUSauitary Sewer Stain RCR
1 3311 10,33 31 12
3331.4115 8"Sewer Pie 33 31.20 LF 156 $88,00 $13,728.00
2a 3331.4414 36"Solid Wall PVC pr ASTM F679,SDR-26 3331.20 LF 10239 $0.00 $0.00
2b 3331:442)36"Fiberglass SewerPipe 33.31 13 LF 10239 $158.00 $1,617,762.00
3 9999,0001 Remove.36"Plug and Connect to Ex,36"Slub=Out 00.0000. EA 1 $3,550.00 $3,550.00
4 3339.110I S Manhole 33 39 10,33 39 20 EA 1 $5,800.00 $5,800.00
5 3339.1005 T A Manhole 33 39'10,33 39 20 EA 25 $9,600.00 5240,000,00
6 3339.1103 5'Extra Depth Manhole 33 39 10,33 39.20 VF 8 $307.00 $2,456.00
7 3339.1003 Type A Extra Depth Manhole 33'39 10,33 39:20 VF 195 $357.00 $69,615.00
8 3305.0109 Trench Safe! 330516 LF 10395 $1.00 $10;395:00
9 3301.0002 Post CCTV Inspection. 33 01 31 LF 10395 $1.00 $10,395.00
10 9999.0002 8"End&Plug 00 00 00 FA 7 $50.00 $350.00
1.1 3339.G001 Epoxy Manhole Liner 33 39 60 EA 26 $3,460.00 `$89,960.00
12 9999.0003 Odor Vent 000000 EA 1 14 $5,200.00 $72,600.00
13 9999.0004 Anchor Stubout 00.0000 EA 1 $2,000.001 $2,000.00
14 3305.0112 Concrete Collar 330517 EA .26 $750.00 $19,500.00
3301;0101 ManholeVacittrnTeSting.. 33:.01:_30.. FA ,..::. :::_26 $160:00 .._:.:..... $4.160.00
16 3305.0113 Trench Watcr*Stpp 330515 EA 2 $2,650:00 $5,300.00
17 3292.0200 Seeding,Broadcast(Coastal Bennuda) .329213 SY 58340 $0.50 $29,170.00
18 3292.0100 Block Sad Placement 329213 SY 6255 $6.00 $37,530.00
19 3291.()100 Topsoil .329119 CY .520 $29.00 $15,080.00
20 3137.0104 Medium Stone Riprap.dg 313700 SY 417 $31.00 $12,927.00
21 3125,0101 SWPPP 312500 LS 1 $23,500.'001 $23,500,00
22 9999 0005 Remove&Replace 18"R.CT. 00 00 00 EA 1 $1,275.00 $1275:00
23 3471.0001 TraflieCbntrol 3471 13 MO 2 $4,000.00 $8,000.00
E2627
4 3305,0.110 Utility Markers 33 05 2 0
19 -2 ,00 $3,990,00
9999.0006 Remove&Replace Gravel Pvmt 00 00 00 SY 400 $13.00 $5,200.00
9999.0007 Remove&Re lace Conc Pvrnt 000000. SY 35 $137.00 $4,795.00
9999.0008 Remove&Rc lace Tarrant Count As halt Pvint 00 00 00 SY 75 $105.00 $7.875.00
3305:0103 Exploratory Excavation of Existing Utilities $1,850.00, $5,550.00
Bid Summary
TOTAL BID $2,322,663.001
CownwAor is to bidcitlier it'm 2a or 2b and cwt both.
All bidders shall provide unit ptking fir fhb bid iters list below and failure to provide unit costs for said bid items will cease the bidder to
be considered unresponsive and be di' nal ficd. These ittrws are For costsh.whiq m ses and will Not 13e Awarded as parl of this wivracr, i
2c 13331.4225 t8"PVC Sewer Pipe 333120,33:31 21 LF 10239 $85.00 $870,315.00
5b 3339.1001 4-Manhole 33 3910,33 39 20 EA 25 $4,900.00 $122,500.00
7b 13339.1003 4'Ezim De th Manhole 33.39 10,33 39 20 1 VF 1 203 1 $254.001 $51,562.00 t
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M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoRIr—
TWORTH
COUNCIL ACTION: Approved on 4/10/2018
06ROCK CREEK
DATE: 4/10/2018 REFERENCE C-28656 LOG NAME: RANCH/TARLETON STATE
NO.: UNIVERSITY SANITARY SEWER
MA
CODE: C TYPE: NON- PUBLIC NO
CONSENT HEARING:
SUBJECT: Authorize Execution of a Community Facilities Agreement with Walton Development&
Management TX, LLC, in the Amount of$2,507,612.84 with City Participation in an Amount
Not to Exceed $1,012,476.60 for the Construction and Oversizing of 10,239 Linear Feet of
18-Inch Sewer Main to 36-Inch Sewer Main to Serve Rock Creek Ranch/Tarleton State
University located in the City of Fort Worth (COUNCIL DISTRICT 6)
RECOMMENDATION:
It is recommended that the City Council authorize execution of a Community Facilities Agreement
with Walton Development & Management TX, LLC, in the Amount of$2,507,612.84 with City
participation in an amount not to exceed $1,012,476.60 for the construction and oversizing of 10,239
linear feet of 18-Inch Sewer Main to 36-inch sewer main on West Cleburne east of Cleburne Crowley
Road and past Old Cleburne Crowley Junction to serve Rock Creek Ranch/Tarleton State University
in the City of Fort Worth. (City Project No. 101142)
DISCUSSION:
Walton Development & Management TX, LLC, (Developer) is constructing the Rock Creek
Ranch/Tarleton University Sanitary Sewer Mains and Force Main to serve its Rock Creek Ranch
development in south west Fort Worth. The development requires an 18-inch sewer main to serve the
site. The City of Fort Worth is cost participating in the oversizing of the sewer main to a 36-inch line to
serve anticipated future development growth in the surrounding area. The oversized line will serve
residents within the City. The City's cost participation in the construction of the sewer main is
estimated to be $1,012,476.60 as shown in the table below.
Construction Developer City Cost Total Cost
Cost*
Sewer $1,437,631.001 $885,032.00 $2,322,663.00
Contingency 10 Percent F $0.0011 $88,503.20F $88,503.20
Total Construction 11 $1,437,631.00 $973,535.20 $2,411,166.20
Construction Fees:
Inspection Fee (Two Percent) $28,752.62 11 $19,470.70 $48,223.32
Material Testing Fee (Two $28,752.62 $19,470.70 $48,223.32
Percent)
Construction Fees Sub-Total $57,505.2411 $38,941.40 $96,446.64
Total Project Cost 1 $1,495,136.24 1 $1,012,476.60 $2,507,612.84
The bulk of the funding identified as Developer Cost will be paid out of proceeds from bonds issued in
connection with Public Improvement District (PID) No. 17, Rock Creek Ranch, which was created in
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=25726&councildate=4/10/2018 5/18/2018
M&C Review Page 2 of 2
2016 to assist with the funding of infrastructure for the development. In addition to the $12.7 million
in PID bonds issued for water and sewer projects in 2017, the City anticipates issuing additional
bonds for Brewer Road later this year. Because the property associated with the Tarleton State
University campus is not subject to PID assessment, the Developer will be directly paying the cost of
benefits attributable to that land, which are estimated at 5.47 percent of the total sanitary sewer costs
and 5.32 percent of the water costs.
Staff recommends execution of a Community Facilities Agreement with the Developer, with City
participation, to construct the project to its ultimate configuration.
The costs stated herein are based on public bid cost. The 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. The work is anticipated to begin after the
approval of this M&C.
This project is located in COUNCIL DISTRICT 6.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budgets, as
appropriated, of the Water/Sewer Bond 2017A Fund. The Water/Sewer Bond 2017A CFA
Programmable Project P00001 includes an appropriation of$8,929,975.00 for the city participation on
developer capital projects. After the funding of this M&C, the amount of$7,917,498.00 of the
appropriation will be 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 ID Year I (Chartfield 2)
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: Randle Harwood (6101)
Additional Information Contact: Janie Morales (7810)
ATTACHMENTS
CFA Exhibits.pdf
Cost Participation Exhibit.pdf
Cost Share Breakdown.pdf
Form 1295.pdf
Location Map.pdf
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=25726&councildate=4/10/2018 5/18/2018
(2 -a2�2��
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
lofl
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
I Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2018-323300
Walton Development&Management TX, LLC
Dallas,TX United States Date Filed:
2 Name of governmental entity or state agency that is a parry to the contract for which the form is 03/07/2018
being filed.
City of Fort Worth Date Acknowledged-
3
cknowle ged: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.
CFA#2017-135
Construction of 36"Sanitary Sewer Main for Rock Creek Ranch/Tarleton State University(CPN 101142). Major Work includes
10,120 LF of 36"Sanitary Sewer Main by open cut.
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling r Intermediary
Vick,John Dallas,TX United States X
Robinson,Matt Dallas,TX United States X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARAT.InON,
My name is U`� 't� szb,1 tl . and my date of birth is
My address is ma. C W . �.'� l I�,I con i5iA
(street) (city) (state) (zip code) (country)
I declare under penalty ofperjurythat the foregoing is true and correct.
JA oA
Executed in (v _County, State of on the day of "ZcA^ ,20 1?—, .
(month) (year)
Signature of authorized agent of contracting business entity .
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.5523