HomeMy WebLinkAboutContract 55443Received Date: M a r 23, 2021
Received Time: 3:52 pm
Developer and Project Information Cover Sheet:
Developer Company Name: Rob Riner Companies GP, LLC
Address, State, Zip Code: 3819 Maple Ave., Dallas, TX, 75219
Phone & Email: 817-332-2783, �'iner(�a,robriner.com
Authorized Signatory, Title: Rob Riner, CEO
Project Name: Oak Grove Road
Brief Description: Water, Paving, Storm Drain, Street Lights
Project Location: Portion of Oak Grove Road south of Joel East and north of
Enon
Plat Case Number:
Mapsco:
CFANumber: CFA21-0004
Plat Name:
Council District: 8
City Project Number: � 102802
City of Fort Worth, Texas
Standard Community E'acilities Agreement with City Participation and
Agreement for the Preliminary Design of a Portion of Oak Grove Road
Rev. 4/2/20
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City Secretary Number: 55443
STANDARD COMMUNITY FACILITIES AGREEMENT
WITH CTI'Y PARTICIPATION AND
AGREEMENT FOR THE PRELIMINARY DESIGN OF
A PORTION OF OAK GROVE ROAD
This STANDARD COMMUNITY FACILITIES AGREEMENT WITH CITY
PARTICIPATION AND AGREEMENT FOR THE PRELMINARY DESIGN OF A PORTION OF
OAK GROVE ROAD ("Agreement") is made and entered into by and between the City of Fort Worth
("City"), a home-rule municipal corporation of the State of TeXas, acting by and through its duly authorized
Assistant City Manager, and Rob Riner Companies GP, LLC ("Developer"), acting by and through its
duly authorized representative. City and Developer are referred to herein individually as a"party" and
collectively as the "parties."
WHEREAS, Developer is constructing private improvements or subdividing land within the
corporate limits of Fort Worth, Texas or its extraterritorial jurisdiction, for a project known as Oak Grove
Road (Project"); and
WHEREAS, the City desires to ensure that all developments are adequately served by public
infrastructure and that the public infrastructure is constructed according to City standards; and
WHEREAS, as a condition of approval of the Project, Developer is reguired to bear a portion of
the costs of municipal infrastructure by designing and constructing the public infrastructure for the eastern
two lanes and half of the turn lane of Oak Grove Road from Joel East Road to the intersection with
Albertsons Driveway and the eastern and western lanes of Oak Grove Road from the intersection with
Albertsons Driveway to Enon Road as described in this Agreement ("Community Facilities" or
"Improvements"); and
WHEREAS, as a condition of approval of the Project, Developer is required to meet the additional
obligations contained in this Agreement, and Developer may be required to make dedications of land, pay
fees or construction costs, or meet other obligations that are not a part of this Agreement; and
WHEREAS, Developer has agreed to provide the City with the preliminary engineering design of
the eastern two lanes and western two lanes of Oak Grove Road from Enon Road to Everman Road, which
shall include 60% construction plans and Stormwater studies and other studies necessary to support the
adequacy of the design for the 60% construction plans ("Preliminary Design"); and
City of Fort Worth, Texas Page 2 of 25
Standard Community E'acilities Agreement with City Participation and
Agreement for the Preliminary Design of a Portion of Oak Grove Road
Rev. 4/2/20
WHEREAS, the City desires to participate in this Agreement in an amount not to exceed
$1,400,000.00 to enlarge the scope of the improvements beyond what Developer is responsible for
designing and constructing and to provide the preliminary as authorized by the City Council through
approval of M&C 20-0928 on December 15, 2020 ("City Participation"); and
WHEREAS, the Developer and the City desire to enter into this Agreement in connection with
the collective Improvements and the Preliminary Design 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:
A. IMPROVEMENTS
1.
CFA Ordinance
The Community Facilities Agreements Ordinance ("CFA Ordinance"), as amended, is incorporated
into this Agreement by reference, as if it was fully set forth herein. Developer agrees to comply with all
provisions of the CFA Ordinance in the performance of Developer's duties and obligations pursuant to this
Agreement and to cause all contractors hired by Developer to comply with the CFA Ordinance in
connection with the work performed by the contractors. If a conflict exist between the terms and conditions
of this Agreement and the CFA Ordinance, the CFA Ordinance shall control.
2.
Incorporation of Engineering Plans
The engineering plans for the Improvements that have been approved by the City ("Engineering
Plans") are incorporated into this Agreement by reference as if fully set out herein. Developer shall provide
at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to
construct the Improvements required by this Agreement.
3.
Description of Improvements; Exhibits and Attachments
The following exhibits describe the general location, nature and extent of the Improvements that
are the subject of this Agreement and are attached hereto and incorporated herein by reference:
� Exhibit A: Water
❑ Exhibit A-1: Sewer
0 Exhibit B: Paving
� Exhibit B-1: Storm Drain
� Exhibit C: Street Lights & Signs
The Location Map and Cost Estimates are also attached heret
reference. To the extent that Exhibits A, A-1, B, B-1, C, the Location
conflict with the Engineering Plans, the Engineering Plans shall control.
Changes to Standard Community Facilities Agreement, Attachment 2—
Attachment 3— Concurrent CFA Provisions, are attached hereto and
purposes.
City of Fort Worth, Texas
Standard Community E'acilities Agreement with City Participation and
Agreement for the Preliminary Design of a Portion of Oak Grove Road
Rev. 4/2/20
o and incorporated herein by
Map, or the Cost Estimates
If applicable, Attachment 1 —
Phased CFA Provisions, and
incorporated herein for all
Page 3 of 25
4.
Construction of Improvements
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 specifications, the Engineering Plans, the Cost Estimates provided for the
Improvements, and this Agreement. Developer acknowledges that City will not accept the Improvements
until the City receives affidavits and lien releases signed by Developer's contractors verifying that the
contractors, and all subcontractors and material suppliers, have been paid in full for constructing the
Improvements, and consent of the surety on payment and performance bonds provided for the
Improvements.
5.
Financial Guarantee
Developer has provided the City with a financial guarantee in the form and amounts set forth in
this Agreement which guarantees the construction of the Improvements and payment by Developer of
all contractors, subcontractors, and material suppliers for the Improvements ("Financial Guarantee").
Developer shall keep the Financial Guarantee in full force and effect until released by the City and shall
not reduce the amount of the Financial Guarantee unless authorized by the City in accordance with the
CFA Ordinance.
6.
Completion Deadline; Extension Periods
This Agreement shall be effective on the date this Agreement is eXecuted by the City's Assistant
City Manager ("Effective Date"). Developer shall complete construction of the Improvements and
obtain the City's acceptance of the Improvements by December 31, 2021 ("Term"). If construction of
the Improvements has started during the Term, the Developer may reguest that this Agreement be extended
for an additional period of time ("Extension Period"). All Extension Periods shall be agreed to in writing
by the City and the Developer as set forth in a written amendment to this Agreement. In no event shall the
Term of this Agreement plus any Extension Periods be for more than three years.
7.
Failure to Construct the Improvements
(a) The City may utilize the Developer's Financial Guarantee to cause the completion of the
construction of the Improvements if at the end of the Term, and any Extension Periods, the
Improvements have not been completed and accepted by the City. If the Improvements are not
completed at the end of the Term, and any Extension Periods, there will be no further obligation
for City Participation to be paid to the Developer.
(b) The City may utilize the Developer's Financial Guarantee to cause the completion of the
construction of the Improvements or to cause the payment of costs for construction of the
Improvements before the expiration of the Term, and any Extension Period, if the Developer
breaches this Agreement, becomes insolvent, or fails to pay costs of construction.
City of Fort Worth, Texas Page 4 of 25
Standard Community E'acilities Agreement with City Participation and
Agreement for the Preliminary Design of a Portion of Oak Grove Road
Rev. 4/2/20
(c) If the Financial Guarantee is a Completion Agreement and the Developer's contractors or suppliers
are not paid for construction costs or materials supplied for the Improvements the contractors and
suppliers may place a lien upon any property which the City does not have an ownership interest
that is the subject of the Completion Agreement.
(d) Nothing contained herein is intended to limit the Developer's obligations under the CFA
Ordinance, this Agreement, the Financial Guarantee, Developer's agreements with Developer's
contractors, or other related agreements.
8.
Termination
If Developer desires to terminate the portion of this Agreement related to the Improvements
before Developer's contractors begin constructing the Improvements, Developer agrees to the
following:
(a) that Developer and City must eXecute a termination of the portion of this Agreement related to
the Improvements in writing;
(b) that Developer will vacate any final plats that have been filed with the county where the Project
is located; and
(c) to pay to the City all costs incurred by the City in connection with the portion of this Agreement
related to the Improvements, including time spent by the City's inspectors at preconstruction
meetings.
9.
Award of Construction Contracts
(a) Developer will award all contracts for the construction of the Improvements and cause the
Improvements to be constructed in accordance with the CFA Ordinance.
(b) Developer will employ construction contractors who meet the requirements of the City to construct
the Improvements including, but not limited, to being prequalified, insured, licensed and bonded to
construct the Improvements in the City.
(c) Developer will require Developer's contractors to provide the City with payment and performance
bonds naming the City and the Developer as dual obligees, in the amount of one hundred percent
(] 00%) of the cost of the Improvements as required by the CFA Ordinance. The payment and
performance bonds shall guarantee construction of the Improvements and payment of all
subcontractors and material suppliers. Developer agrees to require Developer's contractors to
provide the City with a maintenance bond naming the City as an obligee, in the amount of one
hundred percent (100%) of the cost of the Improvements, that guarantees correction of defects in
materials and workmanship for the improvements by the contractor and surety for a period of two
(2) years after completion and final acceptance of the Improvements by the City. All bonds must
be provided to the City before construction begins and must meet the requirements of the City's
Standard Conditions, Chapter 2253 of the TeXas Government Code, and the TeXas lnsurance Code.
City of Fort Worth, Texas Page 5 of 25
Standard Community E'acilities Agreement with City Participation and
Agreement for the Preliminary Design of a Portion of Oak Grove Road
Rev. 4/2/20
(d) Developer will require Developer's contractors to provide the City with 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 must be named as an additional
insured on all insurance policies. The Developer must provide the City with a Certifcate of
Insurance (ACORD or form approved by the State of Texas), supplied by each contractor's
insurance provider, which shall be made a part of the Project Manual.
(e) Developer will require the Developer's contractors to give forty-eight (48) hours' advance notice
of their intent to commence construction of the Improvements to the City's Construction Services
Division so that City inspection personnel will be available. Developer will require Developer's
contractors to allow construction of the improvements to be subject to inspection at any and all
rimes by the City's inspectors. Developer will require Developer's contractors to not install or
relocate any sanitary sewer, storm drain, or water pipe unless a City inspector is present and gives
consent to proceed, and to allow such laboratory tests as may be required by the City.
(� Developer will not allow Developer's contractors to begin construction of the Improvements until
a notice to proceed to construction is issued by the City.
(g) Developer will not allow Developer's contractors to connect buildings to service lines of sewer and
water mains constructed pursuant to this Agreement, if any, until said sewer, water mains and
service lines have been completed to the satisfaction of the City.
(h) Developer shall ensure the contractors are paid the City's wage rates in effect during construction
of the Improvements.
10.
Utilities
Developer shall cause the installation or adjustment of utilities required to: (1) serve the Project;
and (2) to construct the Improvements required herein. 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 Improvements to be constructed pursuant to this Agreement.
11.
Easements and Rights-of-Way
Developer agrees to provide, at its expense, all necessary rights-of-way and easements required for
the construction and dedication to the City of the Improvements provided for by this Agreement.
12.
Liability and Indemnification
(a) DEVELOPER HEREBY RELEASES AND AGREES TO INDEMNIFY, DEFEND AND
HOLD THE CITY HARMLESS FOR ANY INADEQUACIES IN THE PRELIMINARY
PLANS, SPECIFICATIONS, ENGINEERING PLANS, AND COST ESTIMATES
SUPPLIED BY THE DEVELOPER FOR THE IMPROVEMENTS FOR THIS
AGREEMENT.
City of Fort Worth, Texas Page 6 of 25
Standard Community E'acilities Agreement with City Participation and
Agreement for the Preliminary Design of a Portion of Oak Grove Road
Rev. 4/2/20
(b) THE DEVELOPER COVENANTS AND AGREES TO, AND BY THESE PRESENTS DOES
HEREBY FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS
OFFICERS, AGENTSAND EMPLOYEES FROMALL SUITS, ACTIONS OR CLAIMS OF
ANY CHARACTER, WHETHER REAL OR ASSER TED, BRO UGHT FOR OR ONA CCO UNT
OFANYINJURIES OR DAMAGESSUSTAINED BYANYPERSONS, INCLUDINGDEATH,
OR TO ANY PROPERTY, RESULTING FROM OR IN CONNECTION WITH THE
CONSTR UCTION, DESIGN, PERFORMANCE OR COMPLETION OF ANY WORK TO BE
PERFORMED BY SAID DEVELOPER, ITS CONTRACTORS, SUBCONTRACTORS,
OFFICERS, AGENTS OR EMPLOYEES, OR IN CONSEQUENCE OFANY FAILURE TO
PROPERLYSAFEGUARD THE WORK, OR ONACCOUNT OFANYACT, 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 CA USED, IN WHOLE
OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS
OFFICERS, SERVANTS, OR EMPLOYEES.
(c) DEVELOPER WILL 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,
INCL UDING DEATH, RESULTING FROM, OR INANY WAY CONNECTED WITH, THE
CONSTRUCTION OF THE IMPROVEMENTS 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, DEFEND, AND HOLD HARMLESS THE CITY
FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES SUFFERED BY THE CITY OR
CAUSED AS A RESULT OF SAID CONTRACTORS' Ff1ILURE TO COMPLETE THE
WORK AND CONSTR UCT THE IMPROVEMENTS IN A GOOD AND WORKMANLIKE
MANNER, FREE FROM DEFECTS, IN CONFORMANCE WITH THE CFA ORDINANCE,
AND INACCORDANCE WITHALL PLANSAND SPECIFICATIONS.
13.
Right to Enforce Contracts
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 Developer with its
contractors, along with an assignment of all warranties given by the contractors, 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.
14.
Estimated Fees Paid by Developer; Reconciliation
Prior to execution of this Agreement, Developer has paid to the City the estimated cost of
administrative material testing service fees, construction inspection service fees, and water testing lab fees
in the amounts set forth in the Cost Summary section of this Agreement. Upon completion of the
construction of the Improvements, the City will reconcile the actual cost of administrative material testing
City of Fort Worth, Texas Page 7 of 25
Standard Community E'acilities Agreement with City Participation and
Agreement for the Preliminary Design of a Portion of Oak Grove Road
Rev. 4/2/20
service fees, construction inspection service fees, and water testing lab fees with the estimated fees paid
by Developer. If the actual costs of the fees are more than the estimated payments made bythe Developer,
the Developer must pay the difference to the City before the Improvements will be accepted by the City. If
the actual costs of the fees are less than the estimated payments made by the Developer, the City wi Il refund
the difference to the Developer. If the difference between the actual costs and the estimated payments made
by the Developer is less than fifty dollars ($50.00), the City will not issue a refund and the Developer will
not be responsible for paying the difference. The financial guarantee will not be released by the City or
returned to the Developer until reconciliation has been completed by the City and any fees owed to the City
have been paid by the Developer.
15.
Material Testing
The City maintains a list of pre-approved material testing laboratories. The Developer must
contract with material testing laboratories on the City's list. Material testing laboratories will provide copies
of all test results directly to the City and the Developer. If the Improvements being constructed fail a test,
the Developer must correct or replace the Improvements until the Improvements pass all retests. The
Developer must pay the material testing laboratories directly for all material testing and retesting. The City
will obtainprooffrom the material testing laboratories that the material testing laboratories have been
paid in full by the Developer before the City will accept the Improvements.
16.
City Participation; Fiscal Funding Limitation
(a) The City shall reimburse Developer for the City Participation for the Improvements in an amount
not to exceed $1,200,000.00. The Developer shall submit a payment application, invoice, and
affidavits and lien waivers signed by the contractors and material suppliers evidencing that all
contractors and material suppliers have been paid for the Improvements that have been constructed
("Payment Application"). The affidavits and lien waivers shall indicate that all contractors and
material suppliers have been paid in full for all work completed in all prior Payment Applications.
The affidavits and lien waivers will be submitted by the Developer to the City beginning with the
second Payment Application. Payment Applications will be submitted by Developer to the City no
more frequently than one time per month for all Improvements that have been constructed. The
City will pay Developer 36.5% of the paving improvements that are included in each Payment
Application that is submitted to and approved by the City. The City will withhold 5% retainage
from each payment made to Developer. The final Payment Application will be submitted by
Developer to the City after the Improvements have been constructed and accepted by the City and
final lien waivers and affidavits signed by the contractors and material suppliers have been
delivered to the City that establish all contractors and material suppliers have been paid in full.
City will pay all retainage to Developer after the final Payment Application is received and
approved by the City. Developer will not be reimbursed for project management costs associated
with the Improvements.
(b) In the event no funds or insufficient funds are appropriated and budgeted or are otherwise
unavailable by any means whatsoever in any fiscal period for payments due under this Agreement,
then the City will immediately notify Developer of such occurrence and this Agreement shall be
terminated on the last day of the fiscal period for which appropriations were received without
penalty or eXpense to the City of any kind whatsoever, eXcept to the portions of annual payments
herein agreed upon for which funds shall have been appropriated.
City of Fort Worth, Texas Page 8 of 25
Standard Community E'acilities Agreement with City Participation and
Agreement for the Preliminary Design of a Portion of Oak Grove Road
Rev. 4/2/20
(c) City and Developer intend to enter into an impact fee credit agreement for the design, right-of-way
dedication and construction costs for the Improvements that Developer pays for pursuant to this
Agreement for Transportation impact Fee eligible items.
17.
Minority Business Enterprise Compliance
It is City policy to ensure the full and equitable participation by Minority Business Enterprises
(MBE) and Small Business Enterprises (SBE) in the procurement of goods and services on a contractual
basis. In accordance with the City's Business Diversity Enterprise Ordinance No. 20020-26712- 2011 (as
amended), the City has established a goal of 10% on the City Participation for the Improvements in this
Agreement as set forth in Attachment 4, which is attached hereto and incorporated herein by reference.
Developer shall comply with the intent of the City's Business Diversity Enterprise Ordinance. Developer
shall, upon request by City, provide complete and accurate information regarding actual work performed
by an MBE or SBE on this Agreement and payment therefor. Developer will not make additions, deletions,
or substitutions of accepted MBE or SBE without written consent of the City. Any unjustified change or
deletion shall be a material breach of this Agreement. Developer shall require its contractors to comply
with the Diversity Enterprise Ordinance and the 10% goal for the City Participation in the Improvements
for this Agreement.
B. PRELIMINARY DESIGN
1.
Preliminary Design of Oak Grove Road
Developer shall cause the engineering design of public infrastructure for the eastern two lanes and
western two lanes of Oak Grove Road from Enon Road to Everman Road, which shall include 60%
construction plans and Stormwater studies and other studies necessary to support the adequacy of the design
for the 60% construction plans ("Preliminary Design") as further depicted in EXhibit D, which is attached
hereto and incorporated herein by reference.
2.
Design Engineer
Developer will retain Kimley-Horn and Associates, Inc.("Design Consultant") to provide the
Preliminary Design pursuant to a written agreement, a copy of which is attached hereto as Exhibit E and
incorporated herein by reference. Developer covenants to the City that it has selected Design Consultant
based on demonstrated competence and quali�cation to provide the Preliminary Design for a fair and
reasonable price. City staff have reviewed the scope, fee and schedule for the Preliminary Design and found
them to be fair and reasonable.
3.
Submission of Engineer Plans
Developer will cause Design Consultant to submit plans for the Preliminary Design to the City for
review and approval as follows:
City of Fort Worth, Texas Page 9 of 25
Standard Community E'acilities Agreement with City Participation and
Agreement for the Preliminary Design of a Portion of Oak Grove Road
Rev. 4/2/20
City of Fort Worth
Attn: Victor Tornero
Engineering Manager
200 TeXas Street
Fort Worth, Texas 76102
City shall have the ultimate right to approve or disapprove the Preliminary Design after
consultation with Developer.
4.
Deadline to Complete the Preliminary Design
Developer shall cause the Preliminary Design to be completed and obtain the City's approval of
the Preliminary Design by 12/31/21.
5.
Cost of Preliminary Design
City will reimburse Developer in an amount not to exceed $200,000.00 for the Preliminary Design.
Developer shall not earn any fee from the City for providing the Preliminary Design. City shall have the
ultimate right to approve or disapprove the Preliminary Design, such approval not to be unreasonably
withheld, delayed, or conditioned. Developer shall deliver an invoice to the City for the Preliminary Design
and proof that Developer has paid Design Consultant for the Preliminary Design after the Preliminary
Design has been approved by the City. The City shall reimburse Developer for the Preliminary Design
costs contained within the invoice within thirty (30) days of the City receiving from Developer a copy of
the invoice from Design Consultant, proof of payment to Design Consultant, and an invoice from
Developer.
6.
Ownership of Preliminary Design
City shall own the plans and other documents and work product Design Consultant creates for the
Preliminary Design. In the event the Preliminary Design portion of this Agreement is terminated, City shall
have the right to enter into an agreement with Design Consultant to complete the Preliminary Design.
Developer shall include the City's ownership right in the Preliminary Design and the City's right to enter
into an agreement with Design Consultant to complete the Preliminary Design in Developer's agreement
with Design Consultant.
7.
Termination
(a) Terminarion. The Preliminary Design portion of this Agreement may be terminated without cause
by either party upon delivery of written notice to the other party of such intent to terminate. If the
City terminates this Agreement after the Preliminary Design work has commenced, then the City
shall reimburse Developer for the Preliminary Design costs incurred or paid as of the date of such
termination, such reimbursement to be made within thirty (30) days of the City's receipt of an
invoice evidencing such costs.
City of Fort Worth, Texas Page 10 of 25
Standard Community E'acilities Agreement with City Participation and
Agreement for the Preliminary Design of a Portion of Oak Grove Road
Rev. 4/2/20
(b) Fiscal Fundin� Out. Notwithstanding anything to the contrary, if, for any reason, at any time during
the term of the Agreement, the Fort Worth City Council fails to appropriate funds sufficient for the
City to fulfill its obligations under this Agreement, the City may terminate the portion of the
Agreement regarding such obligations to be effective on the later of: (i) delivery by the City to
Developer of written notice of the City's intention to terminate or (ii) the last date for which funding
has been appropriated by the Fort Worth City Council for the purposes set forth in this Agreement;
provided, however, the City shall reimburse Developer for the Preliminary Design costs incurred
or paid as of the date of such termination, such reimbursement to be made within thirty (30) days
of the City's receipt of an invoice evidencing such costs.
8.
Indemnity
(a) DEVELOPER SHALL BE LIABLE AND RESPONSIBLE FOR ANYAND ALL PROPERTY
LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO
ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S),
MALFEASANCE OR INTENTIONAL MISCONDUCT OF DEVELOPER, ITS OFFICERS,
AGENTS, SERT�ANTS OR EMPLOYEES.
(b) DEVELOPER AGREES TO DEFEND, INDEMNIFY, AND HOLD THE CITY, ITS
OFFICERS, AGENTS, SERT�ANTS, AND EMPLOYEES HARMLESS AGAINST ANY AND
ALL CLAIMS, LAWSUITS, ACTIONS, COSTS, AND EXPENSES OF ANY KIND,
INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS
(INCLUDING ALLEGED DAMAGE OR LOSS TO OWNER'S BUSINESS AND ANY
RESULTING LOST PROFITS) AND/OR PERSONAL INJURY (INCLUDING DEATH)
THAT MAY RELATE TO, ARISE OUT OF, OR BE OCCASIONED BY (I) DEVELOPER'S
BREACH OFANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (II) ANY
NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF DEVELOPER,
ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN
THE CITY), OR SUBCONTRACTORS RELATED TO THE PERFORMANCE OF THIS
AGREEMENT; EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION
SHALL NOT APPLY TO ANYLIABILITYRESULTING FROM THE SOLE NEGLIGENCE
OF THE CITY OR ITS OFFICERS, AGENTS, EMPLOYEES, OR SEPARATE
CONTRACTORS, AND IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE
OF BOTH DEVELOPER AND CITY, RESPONSIBILITY, IF ANY, SHALL BE
APPORTIONED COMPARATIVELYINACCORDANCE WITHTHELAWS OFTHESTATE
OF TEXAS. NOTHING HEREIN SHALL BE CONSTR UED AS A WAIVER OF THE CITY'S
GOVERNMENTAL IMMUNITYAS FURTHER PROVIDED BY THE LAWS OF TEXAS.
(c) Developer shall require all of its subcontractors to include in their subcontracts a release and
indemnity in favor of City in substantially the same form as above. This section shall survive the
expiration or termination of this Agreement.
(d) Developer's agreement with the Design Consultant shall include a release and indemnity in favor
of City in substantially the following form:
"DESIGN CONSULTANT SHALL INDEMNIFY, HOLD HARMLESS AND
DEFEND THE CITY OF FORT WORTH AGAINST LIABILITY FOR ANY
City of Fort Worth, Texas Page 11 of 25
Standard Community E'acilities Agreement with City Participation and
Agreement for the Preliminary Design of a Portion of Oak Grove Road
Rev. 4/2/20
DAMAGE CAUSED BY OR RESULTING FROM AN ACT OF NEGLIGENCE,
INTENTIONAL TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR
FAILURE TO PAY A SUBCONTRACTOR OR SUPPLIER COMMITTED BY THE
DESIGN CONSULTANT OR DESIGN CONSULTANT'S AGENT, CONSULTANT
UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH THE DESIGN
CONSULTANT EXERCISES CONTROL."
9.
INSURANCE
(a)
�)
Developer shall maintain the insurance requirements set forth in Exhibit F, which is attached hereto
and incorporated herein for all purposes.
Developer shall require in its contract with Design Consultant that City is listed as an additional
insured on Design Consultant's insurance policy. Developer shall reguire Design Consultant to
maintain the insurance requirements set forth in Exhibit E.
C. GENERAL PROVISIONS
1.
Notices
All notices required or permitted under this Agreement may be given to a party by hand-
delivery or by mail, addressed to such party at the address stated below. Any notice so given shall be
deemed to have been received when deposited in the United States mail so addressed with postage
prepaid :
CIT'Y:
Development Coordination Office
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
With copies to:
City Attorney's Office
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
and
City Manager's Office
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
DEVELOPER:
Rob Riner Companies GP, LLC
P.O. Box 907
Fort Worth, Texas
City of Fort Worth, Texas Page 12 of 25
Standard Community E'acilities Agreement with City Participation and
Agreement for the Preliminary Design of a Portion of Oak Grove Road
Rev. 4/2/20
Or to such other address one party may hereafter designate by notice in writing addressed and
mailed or delivered to the other party hereto.
2.
Right to Audit
Developer agrees that, until the eXpiration of three (3) years after acceptance by the City of the
Improvements constructed pursuant to this Agreement, that the City shall have access to and the right to
eXamine any directly pertinent books, documents, papers and records of the Developer involving
transactions relating to this Agreement. Developer agrees that the City shall have access during normal
working hours to all necessary Developer facilities and shall be provided adequate and appropriate
workspace in order to conduct audits in compliance with the provisions of this section. The City shall give
Developer reasonable advance norice of intended audits.
Developer further agrees to include in all contracts with Developer's contractors for the
Improvements a provision to the effect that the contractor agrees that the City shall, until the expiration of
three (3) years after �nal payment under the contract, have access to and the right to examine any directly
pertinent books, documents, papers and records of such contractor, involving transactions to the contract,
and further, that City shall have access during normal working hours to all of the contractor's facilities, and
shall be provided adequate and appropriate work space in order to conduct audits in compliance with the
provisions of this section. City shall give Developer's contractors reasonable advance notice of intended
audits.
3.
Independent Contractor
It is expressly understood and agreed that Developer and its employees, representative, agents,
servants, of�cers, contractors, subcontractors, and volunteers shall operate as independent contractors as to
all rights and privileges and work performed under this Agreement, and not as agents, representatives or
employees of the City. Subject to and in accordance with the conditions and provisions of this Agreement,
Developer shall have the exclusive right to control the details of its operations and activities and be solely
responsible for the acts and omissions of its employees, representatives, agents, servants, officers,
contractors, subcontractors, and volunteers. Developer acknowledges that the doctrine of respondeat
superior shall not apply as between the City and its officers, representatives, agents, servants and
employees, and Developer and its employees, representatives, agents, servants, officers, contractors,
subcontractors, and volunteers. Developer further agrees that nothing herein shall be construed as the
creation of a partnership or joint enterprise between City and Developer. It is further understood that the
City shall in no way be considered a co-employer or a joint employer of Developer or any employees,
representatives, agents, servants, officers, contractors, subcontractors, and volunteers of Developer.
Neither Developer, nor any officers, agents, servants, employees or subcontractors of Developer shall be
entitled to any employment benefits from the City. Developer shall be responsible and liable for any and
all payment and reporting of taxes on behalf of itself, and any of employees, representatives, agents,
servants, officers, contractors, subcontractors, and volunteers.
The City, through its authorized representatives and employees, shall have the sole and exclusive
right to exercise jurisdiction and control over City employees.
City of Fort Worth, Texas Page 13 of 25
Standard Community E'acilities Agreement with City Participation and
Agreement for the Preliminary Design of a Portion of Oak Grove Road
Rev. 4/2/20
4.
Applicable Law; Venue
This Agreement shall be construed under and in accordance with Texas law. Venue shall be in
the state courts located in Tarrant County, Texas or the United States District Court for the Northern
District of Texas, Fort Worth Division.
5.
Non-Waiver
The failure of the City to insist upon the performance of any term or provision of this Agreement
or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent
of City's right to assert or rely on any such term or right on any future occasion.
6.
Governmental Powers and Immunities.
It is understood that by execution of this Agreement, the City does not waive or surrender
any of its governmental powers or immunities.
7.
Headings
The paragraph headings contained herein are for the convenience in reference and are not intended
to de�ne or limit the scope of any provision of this Agreement.
8.
Severability
In the event that any clause or provision of this Agreement shall be held to be invalid by any
court of competent jurisdiction, the invalidity of such clause or provision shall not affect any of the
remaining provisions hereof.
9.
Review of Counsel
City and Developer, and if they so choose, their attorneys, have had the opportunity to review
and comment on this document; therefore any rule of contract construction or interpretation that would
normally call for the document to be interpreted as against the drafting party shall not apply in
interpretation of this Agreement, and each section, portion, and provision of this Agreement shall be
construed solely on the basis of the language contained therein, regardless of who authored such
language.
10.
Prohibition on Boycotting Israel
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 with 10 or more full-time employees
City of Fort Worth, Texas Page 14 of 25
Standard Community E'acilities Agreement with City Participation and
Agreement for the Preliminary Design of a Portion of Oak Grove Road
Rev. 4/2/20
that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City for
goods or services unless the contract contains a written verification from the company that it: (1) does not
boycott lsrael; and (2) will not boycott Israel during the term of the contract. The term "boycott Israel" has
the meaning ascribed to it by Section 808.001 of the Texas Government Code. The term "company" has
the meaning ascribed to it by Section 2270.001 of the TeXas Government Code. To the extent that Chapter
2270 of the Government Code is applicable to this Agreement, by signing this Agreement, 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 this Agreement.
11.
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.
12.
Amendment
No amendment, modification, or alteration of the terms of this Agreement shall be binding unless
the same is in writing, dated subsequent to the date hereof, and duly executed by the City and Developer.
13.
Assignment and Successors
Developer shall not assign or subcontract all or any part of its rights, privileges, or duties under this
Agreement without the prior written consent of City. Any attempted assignment or subcontract without the
City's prior written approval shall be void and constitute a breach of this Agreement.
14.
No Third-Party Beneficiaries
The provisions and conditions of this Agreement are solely for the benefit of the City and
Developer, and any lawful assign or successar of Developer, and are not intended to create any rights,
contractual or otherwise, to any other person or entity.
15.
Compliance with Laws, Ordinances, Rules and Regulations
Developer, its officers, agents, servants, employees, and contractors, shall abide by and comply
with all laws, federal, state and local, including all ordinances, rules and regulations of City. It is agreed
City of Fort Worth, Texas Page 15 of 25
Standard Community E'acilities Agreement with City Participation and
Agreement for the Preliminary Design of a Portion of Oak Grove Road
Rev. 4/2/20
and understood that, if City calls to the attention of Developer any such violation on the part of Developer
or any of its officers, agents, servants, employees, or subcontractors, then Developer shall immediately
desist from and correct such violation.
16.
Signature Authority
The person signing this Agreement on behalf of Developer warrants that he or she has the legal
authority to eXecute this Agreement on behalf of the Developer, and that such binding authority has been
granted by proper order, resolution, ordinance or other authorization of the entity. The City is fully entitled
to rely on this warranty and representation in entering into this Agreement.
17.
Counterparts
This Agreement may be executed in multiple counterparts, each of which will be deemed an
original, but which together will constitute one instrument.
18.
Entire Agreement
This written instrument, together with any attachments, exhibits, and appendices, constitutes the
entire understanding between the City and Developer concerning the work to be performed hereunder, and
any prior or contemporaneous, oral or written agreement that purports to vary from the terms hereof shall
be void.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
City of Fort Worth, Texas Page 16 of 25
Standard Community E'acilities Agreement with City Participation and
Agreement for the Preliminary Design of a Portion of Oak Grove Road
Rev. 4/2/20
19.
Cost Summary Sheet
Project Name: Oak Grove Rd.
CFA No CFA21-0004 ]PRC No. TPRC20-0127 City Project No.: 102802
Items De�,eloper's Cost City's Cost Total Cost
A. Water and Sewer Construction
1. Water Construction $ 491,481.00 $ 491,481.00
2. Sewer Construction $ - $ - $ -
Waterand Sev�rConstruction Total $ 491,481.00 $ - $ 491,481.00
B. TPW Construction
1. St reet $ 2, 088,156.49 $ 1, 200, 000.00 $ 3, 288,156.49
2. Storm Drain $ 1,544,429.30 $ 1,544,429.30
3. Street Lights Installed by De�eloper $ 281,392.25 $ 281,392.25
4. Signals $ - $ - $ -
TPW Construction Cost Total $ 3,913,978.04 $ 1,200,000.00 $ 5,113,978.04
Total Construction Cost (excluding the fees): $ 4,405,459.04 $ 1,200,000.00 $ 5,605,459.04
Estimated Construction Fees:
C. Construction Inspection Service Fee $52,185.00 $52,185.00
D. Administrati�e Material Testing Service Fee $14,994.00 $14,994.00
E. Water Testing Lab Fee $240.00 $240.00
Total Estimated Construction Fees: $ 67,419.00 $ - $ 67,419.00
Preliminary Engineering $ 200,000.00
TOTAL PROJECT COST $ 4,472,878.04 $1,400,000.00 $ 5,872,878.04
Choice
Financial Guarantee O tions, choose one Amount Mark one
Rnnri - 1M�/ P. �i F,f1F d�iQ fld v
Completion Agreement = 100% / Holds Plat
Cash Escrow Water/Sanitary Sewer— 125%
(�ach Fcrrrnni Pa�nnn/C4nrm flrain - 19�i�/
Letter of Credit = 125%
City of Fort Worth, Texas Page 17 of 25
Standard Community E'acilities Agreement with City Participation and
Agreement for the Preliminary Design of a Portion of Oak Grove Road
Rev. 4/2/20
IN WITNESS WHEREOF, the City and Developer have each executed this Agreement by their
duly authorized signatories to be effective on the date executed by the City's Assistant City Manager.
CITY OF FORT WORTH
Dana Burghdoff
Assistant City Manager
Date: Mar 23, 2021
Recommended by:
Evelyn Roberts/Jennifer Ezernack
Project Assistant
Development Services Department
Approved as to Form & Legality:
Richard A. McCracken (Mar 23, 2021 08:59 CDT)
Richard A. McCracken
Sr. Assistant City Attomex
M&C No. 20-0928 (12/15/20)
Date: Mar 23, 2021
Form 1295: 2020-684242
ATTEST:
Mary J. Kayser/ Ronald Gonzales
City Secretary/ Assistant City Secretary
City of Fort Worth, Texas
DEVELOPER
Rob Riner Companies GP, LLC
By: Robert Riner (Mar 22, 202116:53 PDT)
NameRobert Riner
Title: Manager
Date: Mar 22, 2021
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.
1.la11ie Jeanett ;1/ptakr Janie Scarlett Morales (Mar 23, 202107:59 CDT)
Janie Scarlett Morales
Development Manager
Pag e 18 of25
Standard Community Facilities Agreement with City Participation and
Agreement for the Preliminary Design of a Portion of Oak Grove Road
Rev. 4/2/20
The following attachments are incorporated into this Agreement. To the extent a
conflict e�sts between the main body of this Agreement and the following attachments, the
language in the main body of this Agreement shall be controlling.
Included
❑X
❑
❑
0
❑X
0
❑
0
❑X
❑X
❑X
0
❑X
❑X
Attachment
Attachment 1- Changes to Standard Community Facilities Agreement
Attachment 2— Phased CFA Provisions
Attachment 3— Concurrent CFA Provisions
Attachment 4— Business Diversity Ordinance Compliance
Location Map
Exhibit A: Water Improvements
Exhibit A-1: Sewer Improvements
EXhibit B: Paving Improvements
EXhibit B-1: Storm Drain Improvements
Exhibit C: Street Lights and Signs Improvements
Cost Estimates
Exhibit D: Preliminary Design
Exhibit E: Agreement between Developer and Design Consultant
EXhibit F: Insurance
(Remainder of Page Intentionally Left Blank)
City of Fort Worth, Texas Page 19 of 25
Standard Community E'acilities Agreement with City Participation and
Agreement for the Preliminary Design of a Portion of Oak Grove Road
Rev. 4/2/20
ATTACHMENT "1"
Changes to Standard Community Facilities Agreement
City Project No. 102802
City of Fort Worth, Texas Page 20 of 25
Standard Community E'acilities Agreement with City Participation and
Agreement for the Preliminary Design of a Portion of Oak Grove Road
Rev. 4/2/20
ATTACHMENT "4"
Business Diversity Ordinance Compliance
�:z i:�oz1
ez:��
CITY �F FD�T 1N�ftTH
��NTRACT C�MPLIANCE MEM�RANDUM
THIS FORM MLJST BE ATTAGHED T� THE ROUTIN� "�+I 8 G" B�FDR� LA1N
DEPARTNlEN7 AND CITY MANAGER AP�R�VAL
Ta: �ep�r�meE�t Pfa�ec� h��r���er
From: B�sEr�ess Eq�ity Divisia�
Date: tilar7�ary 2'I, 2�21
In the Amoun# of: $3,���,0��.�� Qevelc�pment--102802
GC=��r. �I'Ja.
Pr�j�ctfBid: C�A-�ak Grav� Raad from JoeC East Raad Tfl Er�an Raad
1. Compliance wi#E� the �ity's Business Diversity Enterprise (B�E} Ordinance has
been acl�ie�ed by the following mezhod:
Texas Steriing Co�structior� Co. is i�� rompfi���ce ��vitf� th� �.Ety's BDE O��i3����ce
4`�y coE7�r���t�in� ta I�°� 1496� �art�c€�atir�n aF� �he tu'ity ��E�de�i �nrt�oR� of this C�A
�roject. Tf�e C:ity's h�1BE ���I o�� tf�is CFA pro�e�: is 10°�a.
City of Fort Worth, Texas Page 21 of 25
Standard Community E'acilities Agreement with City Participation and
Agreement for the Preliminary Design of a Portion of Oak Grove Road
Rev. 4/2/20
Exhibit D
Preliminary Design
City of Fort Worth, Texas Page 22 of 25
Standard Community E'acilities Agreement with City Participation and
Agreement for the Preliminary Design of a Portion of Oak Grove Road
Rev. 4/2/20
EXHIBIT D
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Exhibit E
Agreement between Developer and Design Consultant
City of Fort Worth, Texas Page 23 of 25
Standard Community E'acilities Agreement with City Participation and
Agreement for the Preliminary Design of a Portion of Oak Grove Road
Rev. 4/2/20
EXHIBIT E
Kimley>>> Horn
March 9, 2021
Mr. Rob Riner
Rob Riner Companies GP, LLC
1029 W Enon Avenue
Everman, TX 76140
Re: Agreement for Professional Services - Site Civil Engineering
Oak Grove Road (Enon Road to Everman Parkway)
Fort Worth, Texas
Dear Mr. Riner,
Page 1 of 11
Kimley-Horn and Associates, Inc. ("KH" or the "ConsultanY'), is pleased to submit this letter agreement
(the "Agreement") to Rob Riner Companies GP, LLC ("the Client") for certain professional services. This
agreement may be signed in the section entitled "AUTHORIZATION".
PROJECT UNDERSTANDING
The Client is engaged with the City of Fort Worth in providing an upgrade to Oak Grove Road between
Joel East Road and Enon Road. In addition, the city is requring the Client to provide preliminary
engineering plans for Oak Grove Road between Enon Road and Everman Parkway. This scope of
services is for assisting the Client with preliminary engineering between Enon Road and Everman
A table summarizing our proposed scope of services, by task, is provided below. The table includes
projected fees, fee type, and in-house expenses. Only tasks with accompanying fees are included in our
proposed scope of services, though we are available to provide other tasks upon request. Detailed
descriptions of each task are provided later in this agreement and based upon the Client's needs, as are
the notes and assumptions upon which our scope and fee are based.
Subject Site
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801 Cherry Street, Suite 1300, Unit 11, Fort Worth, Texas, 76102 817 335 6511 � kimley-horn.com
Kimley>>> Horn
TASK AND FEE SUMMARY
� Copyright 2021 Kimley-Horn and Associates, Inc. All Rights Reserved.
Item Task
400 Basic Site Civil Engineering Services
402 Oak Grove Road Drainage Study
403 60% Oak Grove Road Civil Engineering Plans
Subtotal
Subtotal fees
In-house expenses estimated at 6.00% of labor fees
Grand Total
Fee Type:
LS = Lump Sum Fee
Fee
$24,500
$164,000
$188,500
$188,500
$11,310
$199,810
Page 2 of 11
Fee Type
LS
LS
Expenses:
In-house expenses include telecommunications, certain in-house reproduction, postage,
supplies, and local mileage.
All other reimbursable expenses will be invoiced at cost plus a markup of 15.00%.
Sales Tax:
Certain survey services are subject to state sales tax of 8.25%.
801 Cherry Street, Suite 1300, Unit 11, Fort Worth, Texas, 76102 817 335 6511 � kimley-horn.com
Kimley>>> Horn
OUR SCOPE AND FEE ARE BASED ON THE FOLLOWING
Page 3 of 11
For all projects:
1 Fees are to perform each task one time. Revisions to address Jurisdictional review comments
will be made on an hourly basis per our then-current hourly rate schedule.
2 Our scope of services terminates at the right of way.
3 Our services will be performed in general accordance with current published City design
standards.
4 The city will handle all pricing and bidding of the plans.
5 Private utility information (gas, electric, cable, and telephone) will be shown on the plan for
reference only if provided by the appropriate entities in a timely manner. Design of franchise
utilities is beyond the scope of this agreement.
6 We shall be entitled to rely on the accuracy and completeness of information provided to us by
the others. The following items are anticipated:
• Offsite easements, if needed.
• A geotechnical investigation report with paving and building subsurface design
recommendations.
• Timely participation by other members of the consultant team.
• Any previously prepared surveys, reports, or documents with bearing on our scope of services.
7 Design of Life Safety lighting and signage is beyond the scope of this agreement.
8 Additional tasks may be necessary to complete the project based on City/Client requirements. If
necessary KH will provide the Client with a separate scope and fee for this effort.
9 Any standard details or specifications provided or referenced on KH plans are for the
convenience of the Client only. The Client understands thatjurisdictions often mandate use of
their standard and that these standards have not been modified or designed by KH. The Client
has declined to have these standards updated or made specific to this project and will not hold
KH responsible for errors or omissions in these standards should an issue arise from their use.
10 Due to the everchanging circumstances surrounding the COVID-19 Virus, situations may arise
during the performance of this Agreement that affect availability of resources and staff of Kimley-
Horn, the client, other consultants, and public agencies. There could be changes in anticipated
delivery times, jurisdictional approvals, and project costs. Kimley-Horn will exercise reasonable
efforts to overcome the challenges presented by current circumstances, but Kimley-Horn will not
be liable to Client for any delays, expenses, losses, or damages of any kind arising out of the
impact of the COVID-19 Virus.
For this project we assume:
1 The adjacent water and wastewater mains are adequate in size, cover and depth, and no study or
design is necessary as part of the design. No design or study of offsite improvements to water,
wastewater, traffic signals, or any other utility or improvement is known at this time and is
therefore excluded.
2 Structural design (such as retaining walls and floor systems) and signage design is beyond the
scope of this Agreement.
3 The roadway improvements are not anticipated to impact United States Army Corps of Engineers
jurisdictional areas or other Environmentally Sensitive Areas requiring notification.
4 Oak Grove Road is on the City's Master Thoroughfare Plan as being a 110'-wide right of way and
consisting of a 5-lane thoroughfare with two lanes northbound, two southbound, and a center two-
way-left-turn lane. It is assumed the city will desire the center lane to be a landscaped median
between Enon Road and Everman Parkway per the city's recently approved Mayor and Council
case for this section of roadway improvements. The scope of work does not include any signal
design or signal modifications.
5 The site development is not anticipated to impact any published FEMA floodplain area.
6 Detention of the site's runoff will not be required. No storm water quality design will be required.
7 A Traffic Impact Analysis will not be required.
801 Cherry Street, Suite 1300, Unit 11, Fort Worth, Texas, 76102 817 335 6511 � kimley-horn.com
Kimley>>> Horn
Page 4 of 11
8 KH has been provided survey information and instructed to use it for our design. KH will not be
liable for errors or omissions in our work that were contributed to by errors or omissions in the
survey.
9 The City is requiring 60% engineering plans for the Oak Grove Road Improvements. The design
provided will be in general conformance to the city's standards and use similar methodologies in
design as the section of Oak Grove Road north of Enon Road. The City's IPRC department
requires construction-ready plans at the time of IPRC 1st Submittal which is equivalent to 100%
Construction Documents, which the plans prepared under this scope will only achieve 60%,
Preliminary Engineering design. KH is not responsible for achieving full city compliance for 100%
construction-ready plans and will instead prepare one submittal to the city and address one round
of minor, reasonable city comments.
10 A component of the design may include assessing the drainage extending through a culvert
system under Oak Grove Road that routes South Fork Chamber Creek. Depending on the
results of the study, offsite grading and easements may be necessary for achieving the design
which the city will need to assume as a portion of their costs for moving forward with construction.
It will be the city's responsiblity for coordinating and obtaining any offsite easements.
801 Cherry Street, Suite 1300, Unit 11, Fort Worth, Texas, 76102 817 335 6511 � kimley-horn.com
Kimley>>> Horn
TASK DESCRIPTIONS
Page 5 of 11
Task 402 - Oak Grove Road Drainage Study
KH will obtain the City-effective existing and fully developed condition hydrologic and hydraulic model of South Fork
Chambers Creek (South Fork) from the City. KH assumes these City-effective models are available and executable.
KH assumes the City-effective hydrologic models are consistent with existing and fully developed watershed
conditions and the City-effective hydraulic model is consistent with existing geometry conditions along South Fork,
and no revisions would be required. If these changes are required, KH can perform these modifications as an
additional service.
KH will prepare a proposed condition hydrologic model of Oak Grove Road by revising the City-effective hydrologic
model of South Fork to account for the reconstruction of the roadway from Enon Avenue to Everman Parkway. The
proposed condition hydrologic model will be based on one proposed design for Oak Grove Road. KH will prepare 1-
, 5-, and 100-year proposed condition hydrologic calculations and a proposed condition drainage area map. KH
assumes no detention facilities will be required in proposed conditions.
KH will evaluate up to three crossing configurations at Oak Grove along South Fork to support the proposed
roadway expansion. KH will prepare a proposed condition hydraulic model of South Fork by revising the City-
effective hydraulic model with peak flows from the proposed condition hydrologic modeling output and one Oak
Grove crossing configuration. KH will also prepare proposed condition hydraulic models with 100-year fully
developed condition and FEMA flows. These flows will be obtained from City and FEMA effective modeling. KH will
delineate the 100-year existing and proposed floodplain on two 24" x 36" workmaps.
KH will prepare the following in the Oak Grove Road Drainage Study package to the City:
• City of Fort Worth Drainage Checklist
• Narrative
• Proposed Condition Drainage Area Map
• Proposed Condition Hydrologic Calculations
• Proposed Condition HEC-HMS Output
• Existing and Proposed Condition Floodplain Workmaps
• South Fork Chambers Creek HEC-RAS Output
• Digital Files
KH will submit the Oak Grove Road Drainage Study package to the City for review and comment. KH will respond to
one round of reasonable comments from the City. If additional rounds of comments are required, KH will invoice the
additional effort based upon the then-current hourly rate schedule. KH will endeavor to obtain City approval of the
analysis; however, this approval is not guaranteed. Submittals to FEMA or any other review agencies are not
included in this task.
Task 403 - 60% Oak Grove Road Civil Engineering Plans
It is anticipated that Oak Grove Road will require improvements to increase the roadway to a 4-lane roadway (two
lanes northbound, two southbound and a central median) based on the City's approved Mayor & Council agenda for
this section of road. The extents of improvements is understood to be 1,250 feet of Oak Grove Road immediately
south of Enon Road and will consist of designing the full ROW including four lanes. It is possible that franchise
utilities will require relocation due to the roadway expansion. This scope does not include the design of the
franchise utilities but will show the horizontal alignment of the proposed utilities for visual purposes. Improvement of
existing water, sanitary sewer, and other utilities along Oak Grove Road are not anticipated nor included in this
scope.
801 Cherry Street, Suite 1300, Unit 11, Fort Worth, Texas, 76102 817 335 6511 � kimley-horn.com
Kimley>>> Horn
The roadway plans will consist of:
Page 6 of 11
Cover Sheet
Final Plat
General Notes and Project Specifications: Showing general notes related to proposed construction based on
jurisdictional standards.
Roadway Plan: Showing horizontal layout with dimensional ties to existing surveyed improvements, easements, and
boundaries.
Roadway Profile: Showing roadway vertical alignment.
Drainaqe Area Map: Depicting the drainage areas contributed to the roadway.
Storm Drainaqe Plan and Profile: Showing the location and elevation of proposed storm system.
Erosion Control Plan
Signage and Stripinq Plan: Indicating traffic movement signage and striping details.
Liqhtinp Plans: Showing the location of street lights, conduit and power supply
Traffic Control Plans: Providing the location and spacing of temporary traffic control devices.
Construction Details: Showing details for the roadway improvements by reference to applicable jurisdictional
standard details.
The pavement depth will be determined by the local jurisdiction in conjunction with the Owner-provided geotechnical
report. There is a potential for additional plans depending on Project specifics. These plans will be part of an off-site
civil plan set due to City of Fort Worth requirements. These plans will be reviewed by the City of Fort Worth's
Infrastructure Plan Review Committee (IPRC). This scope includes preparing the 30% design plans for Oak Grove
Road, submitting once to the point of contact at the IPRC department, and addressing one round of minor,
reasonable comments from the city. The Final Design Plans and permitting for Oak Grove Road Public Plans will
be prepared under a separate agreement.
801 Cherry Street, Suite 1300, Unit 11, Fort Worth, Texas, 76102 817 335 6511 � kimley-horn.com
Kimley>>> Horn
FEE TYPES, EXPENSES, BILLING, STANDARD PROVISIONS
Page 7 of 11
Lump Sum (LS) tasks will be invoiced based on the percent completion of the tasks.
Hourly tasks will be invoiced according to the hourly rate schedule in effect at the time services are
provided. Actual invoiced amounts for Hourly (H) tasks will be based on the effort expended.
In-House Expenses: A percentage of the labor fee, as shown in the Task and Fee Summary Table, will
be included in each invoice to cover certain expenses: telecommunications, in-house reproduction,
postage, supplies, and local mileage.
Other Reimbursable Expenses: Direct reimbursable expenses such as FedEx, couriers, print-shop
reproduction, travel, and other direct expenses will be billed at cost plus the markup as shown in the Task
and Fee Summary Table.
All permitting, application, recording, and similar project fees will be paid directly by the Client.
Project billing will be monthly and payment will be due within 25 days.
The Consultant is not a Contingent Partner in this project. As such the Consultant will be paid in full for
all Professional Services rendered.
This agreement is subject to, and only to, the attached Standard Provisions.
801 Cherry Street, Suite 1300, Unit 11, Fort Worth, Texas, 76102 817 335 6511 � kimley-horn.com
K.
i m ey >>> H o r n Page 8 of 11
AUTHORIZATION
We appreciate the opportunity to provide these services to you. This agreement must be signed within
60 days without being subject to our revision.
KIMLEY-HORN AND ASSOCIATES, INC.
Gody �rewer, P.E.(TX)
Associate
F• ��
Scott Arnold, P. E. (TX)
Vice President
Agreed to by:
Rob in r pa 'es GP, LLC
. ��
Signatyx� �� G� n
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Title
3���-2�2/
Date
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Client emai address for invoicing purposes
801 Cherry Street, Suite 1300, Unit 11, Fort Worth, Texas, 76102 817 335 6511 � kimley-horn.com
K.
i m ey >>> H o r n Page 9 of 11
STANDARD PROVISIONS
(1) ConsultanYs Scope of Services and Additional Services. The Consultant will perform only the services specifically
described in this Agreement. If requested by the Client and agreed to by the Consultant, the Consultant will perform Additional
Services, which shall be governed by these provisions. Unless otherwise agreed to in writing, the Client shall pay the Consultant
for any Additional Services an amount based upon the ConsultanYs then-current hourly rates plus an amount to cover certain
direct expenses including telecommunications, in-house reproduction, postage, supplies, project related computer time, and local
mileage. Other direct expenses will be billed at 1.15 times cost.
(2) ClienYs Responsibilities. In addition to other responsibilities herein or imposed by law, the Client shall:
(a) Designate in writing a person to act as its representative, such person having complete authority to transmit instructions,
receive information, and make or interpret the ClienYs decisions.
(b) Provide all information and criteria as to the ClienYs requirements, objectives, and expectations for the project and all
standards of development, design, or construction.
(c) Provide the Consultant all available studies, plans, or other documents pertaining to the project, such as surveys,
engineering data, environmental information, etc., all of which the Consultant may rely upon.
(d) Arrange for access to the site and other property as required for the Consultant to provide its services.
(e) Review all documents or reports presented by the Consultant and communicate decisions pertaining thereto within a
reasonable time so as not to delay the Consultant.
(� Furnish approvals and permits from governmental authorities having jurisdiction over the project and approvals and
consents from other parties as may be necessary.
(g) Obtain any independent accounting, legal, insurance, cost estimating and feasibility services required by Client.
(h) Give prompt written notice to the Consultant whenever the Client becomes aware of any development that affects the
ConsultanYs services or any defect or noncompliance in any aspect of the project.
(3) Period of Services. Unless otherwise stated herein, the Consultant will begin work after receipt of a properly executed copy
of this Agreement. This Agreement assumes conditions permitting continuous and orderly progress through completion of the
services. Times for performance shall be extended as necessary for delays or suspensions due to circumstances that the
Consultant does not control. If such delay or suspension extends for more than six months, ConsultanYs compensation shall be
renegotiated.
(4) Method of Payment. Client shall be pay Consultant as follows:
(a) Invoices will be submitted periodically for services performed and expenses incurred. Payment of each invoice will be
due within 25 days of receipt. The Client shall also pay any applicable sales tax. All retainers will be held by the Consultant
and applied against the final invoice. Interest will be added to accounts not paid within 25 days at the rate of 12% per year
beginning on the 25th day. If the Client fails to make any payment due under this or any other agreement within 30 days after
the ConsultanYs transmittal of its invoice, the Consultant may, after giving notice to the Client, suspend services and withhold
deliverables until all amounts due are paid.
(b) If the Client relies on payment or proceeds from a third party to pay Consultant and Client does not pay ConsultanYs
invoice within 60 days of receipt, Consultant may communicate directly with such third party to secure payment.
(c) If the Client objects to an invoice, it must advise the Consultant in writing giving its reasons within 14 days of receipt of
the invoice or the ClienYs objections will be waived, and the invoice shall conclusively be deemed due and owing. If the
Client objects to only a portion of the invoice, payment for all other portions remains due within 25 days of receipt.
(d) If the Consultant initiates legal proceedings to collect payment, it may recover, in addition to all amounts due, its
reasonable attorneys' fees, reasonable experts' fees, and other expenses related to the proceedings. Such expenses shall
include the cost, at the ConsultanYs normal hourly billing rates, of the time devoted to such proceedings by its employees.
(e) The Client agrees that the payment to the Consultant is not subject to any contingency or condition. The Consultant may
negotiate payment of any check tendered by the Client, even if the words "in full satisfaction" or words intended to have
similar effect appear on the check without such negotiation being an accord and satisfaction of any disputed debt and without
prejudicing any right of the Consultant to collect additional amounts from the Client.
(5) Use of Documents. All documents and data prepared by the Consultant are related exclusively to the services described in
this Agreement, and may be used only if the Client has satisfied all of its obligations under this Agreement. They are not intended
or represented to be suitable for use or reuse by the Client or others on extensions of this project or on any other project. Any
modifications by the Client or Citv of Fort Worth (Citv) to any of the ConsultanYs documents, or any reuse of the documents
without written authorization by the Consultant will be at the ClienYs sole risk and without liability to the Consultant, and the Client
shall indemnify, defend and hold the Consultant harmless from all claims, damages, losses and expenses, including but not limited
to attorneys' fees, resulting therefrom. The ConsultanYs electronic files and source code remain the property of the Consultant
and shall be provided to the Client and Citv only if expressly provided for in this Agreement. Any electronic files not containing an
electronic seal are provided only for the convenience of the Client, and use of them is at the ClienYs sole risk. In the case of any
defects in the electronic files or any discrepancies between them and the hardcopy of the documents prepared by the Consultant,
801 Cherry Street, Suite 1300, Unit 11, Fort Worth, Texas, 76102 817 335 6511 � kimley-horn.com
Kimley>>> Horn
Page 10 of 11
(6) Opinions of Cost. Because the Consultant does not control the cost of labor, materials, equipment or services furnished by
others, methods of determining prices, or competitive bidding or market conditions, any opinions rendered as to costs, including
but not limited to the costs of construction and materials, are made solely based on its judgment as a professional familiar with the
industry. The Consultant cannot and does not guarantee that proposals, bids or actual costs will not vary from its opinions of cost.
If the Client wishes greater assurance as to the amount of any cost, it shall employ an independent cost estimator. ConsultanYs
services required to bring costs within any limitation established by the Client will be paid for as Additional Services.
(7) Termination. The obligation to provide further services under this Agreement may be terminated by either party upon seven
days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof, or upon
thirty days' written notice for the convenience of the terminating party. The Consultant shall be paid for all services rendered and
expenses incurred to the effective date of termination, and other reasonable expenses incurred by the Consultant as a result of
such termination. The Citv shall have the riqht to retain the Consultant to complete the Preliminary Desiqn.
(8) Standard of Care. The standard of care applicable to ConsultanYs services will be the degree of care and skill ordinarily
exercised by consultants performing the same or similar services in the same locality at the time the services are provided. No
warranty, express or implied, is made or intended by the ConsultanYs performance of services, and it is agreed that the Consultant
is not a fiduciary with respect to the Client.
(9) LIMITATION OF LIABILITY. IN RECOGNITION OF THE RELATIVE RISKS AND BENEFITS OF THE PROJECT TO THE
CLIENT AND THE CONSULTANT, THE RISKS ARE ALLOCATED SUCH THAT, TO THE FULLEST EXTENT ALLOWED BY
LAW, AND NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT OR THE EXISTENCE OF APPLICABLE
INSURANCE COVERAGE, THAT THE TOTAL LIABILITY, IN THE AGGREGATE, OF THE CONSULTANT AND THE
CONSULTANT'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUBCONSULTANTS TO THE CLIENT OR TO
ANYONE CLAIMING BY, THROUGH OR UNDER THE CLIENT, FOR ANY AND ALL CLAIMS, LOSSES, COSTS OR DAMAGES
WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES UNDER THIS AGREEMENT FROM ANY
CAUSES, INCLUDING BUT NOT LIMITED TO, THE NEGLIGENCE, PROFESSIONAL ERRORS OR OMISSIONS, STRICT
LIABILITY OR BREACH OF CONTRACT OR ANY WARRANTY, EXPRESS OR IMPLIED, OF THE CONSULTANT OR THE
CONSULTANT'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUBCONSULTANTS, SHALL NOT EXCEED TWICE
THE TOTAL COMPENSATION RECEIVED BY THE CONSULTANT UNDER THIS AGREEMENT OR $50,000, WHICHEVER IS
GREATER. HIGHER LIMITS OF LIABILITY MAY BE NEGOTIATED FOR ADDITIONAL FEE. THIS SECTION 9 IS INTENDED
SOLELY TO LIMIT THE REMEDIES AVAILABLE TO THE CLIENT OR THOSE CLAIMING BY OR THROUGH THE CLIENT, AND
NOTHING IN THIS SECTION 9 SHALL REQUIRE THE CLIENT TO INDEMNIFY THE CONSULTANT.
(10) Mutual Waiver of Consequential Damages. In no event shall either party be liable to the other for any consequential,
incidental, punitive, or indirect damages including but not limited to loss of income or loss of profits.
(11) Construction Costs. Under no circumstances shall the Consultant be liable for extra costs or other consequences due to
unknown conditions or related to the failure of contractors to perform work in accordance with the plans and specifications.
Consultant shall have no liability whatsoever for any costs arising out of the ClienYs decision to obtain bids or proceed with
construction before the Consultant has issued final, fully-approved plans and specifications. The Client acknowledges that all
preliminary plans are subject to substantial revision until plans are fully approved and all permits obtained.
(12) Certifications. All requests for the Consultant to execute certificates, lender consents, or other third-party reliance letters
must be submitted to the Consultant at least 14 days prior to the requested date of execution. The Consultant shall not be
required to execute certificates, consents, or third-party reliance letters that are inaccurate, that relate to facts of which the
Consultant does not have actual knowledge, or that would cause the Consultant to violate applicable rules of professional
(13) Dispute Resolution. All claims by the Client arising out of this Agreement or its breach shall be submitted first to mediation
in accordance with the American Arbitration Association as a condition precedent to litigation. Any mediation or civil action by
Client must be commenced within two years of the accrual of the cause of action asserted but in no event later than allowed by
applicable statutes.
(14) Hazardous Substances and Conditions. Consultant shall not be a custodian, transporter, handler, arranger, contractor,
or remediator with respect to hazardous substances and conditions. ConsultanYs services will be limited to analysis,
recommendations, and reporting, including, when agreed to, plans and specifications for isolation, removal, or remediation. The
Consultant will notify the Client of unanticipated hazardous substances or conditions of which the Consultant actually becomes
aware. The Consultant may stop affected portions of its services until the hazardous substance or condition is eliminated.
(15) Construction Phase Services.
(a) If the Consultant prepares construction documents and the Consultant is not retained to make periodic site visits, the
Client assumes all responsibility for interpretation of the documents and for construction observation, and the Client waives
any claims against the Consultant in any way connected thereto.
801 Cherry Street, Suite 1300, Unit 11, Fort Worth, Texas, 76102 817 335 6511 � kimley-horn.com
Kimley>>> Horn
Page 11 of 11
(b) The Consultant shall have no responsibility for any contractor's means, methods, techniques, equipment choice and
usage, sequence, schedule, safety programs, or safety practices, nor shall Consultant have any authority or responsibility to
stop or direct the work of any contractor. The ConsultanYs visits will be for the purpose of endeavoring to provide the Client a
greater degree of confidence that the completed work of its contractors will generally conform to the construction documents
prepared by the Consultant. Consultant neither guarantees the performance of contractors, nor assumes responsibility for
any contractor's failure to perform its work in accordance with the contract documents.
(c) The Consultant is not responsible for any duties assigned to it in the construction contract that are not expressly provided
for in this Agreement. The Client agrees that each contract with any contractor shall state that the contractor shall be solely
responsible for job site safety and its means and methods; that the contractor shall indemnify the Client and the Consultant
for all claims and liability arising out ofjob site accidents; and that the Client and the Consultant shall be made additional
insureds under the contractor's general liability insurance policy.
(16) No Third-Party Beneficiaries; Assignment and Subcontracting. This Agreement gives no rights or benefits to anyone
other than the Client and the Consultant, and all duties and responsibilities undertaken pursuant to this Agreement will be for the
sole benefit of the Client and the Consultant. The Client shall not assign or transfer any rights under or interest in this Agreement,
or any claim arising out of the performance of services by Consultant, without the written consent of the Consultant. The
Consultant reserves the right to augment its staff with subconsultants as it deems appropriate due to project logistics, schedules,
or market conditions. If the Consultant exercises this right, the Consultant will maintain the agreed-upon billing rates for services
identified in the contract, regardless of whether the services are provided by in-house employees, contract employees, or
independent subconsultants.
(17) Confidentiality. The Client consents to the use and dissemination by the Consultant of photographs of the project and to
the use by the Consultant of facts, data and information obtained by the Consultant in the performance of its services. If, however,
any facts, data or information are specifically identified in writing by the Client as confidential, the Consultant shall use reasonable
care to maintain the confidentiality of that material.
(18) Miscellaneous Provisions. This Agreement is to be governed by the law of the State of Texas. This Agreement contains
the entire and fully integrated agreement between the parties and supersedes all prior and contemporaneous negotiations,
representations, agreements or understandings, whether written or oral. Except as provided in Section 1, this Agreement can be
supplemented or amended only by a written document executed by both parties. Any conflicting or additional terms on any
purchase order issued by the Client shall be void and are hereby expressly rejected by the Consultant. Any provision in this
Agreement that is unenforceable shall be ineffective to the extent of such unenforceability without invalidating the remaining
provisions. The non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the
enforceabilitv of that provision or of the remainder of this Aqreement.
(19) THE CONSULTANT SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF FORT WORTH AGAINST
LIABILITY FOR ANY DAMAGE TO THE EXTENT CAUSED BY OR RESULTING FROM AN ACT OF NEGLIGENCE,
INTENTIONAL TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A SUBCONTRACTOR OR
SUPPLIER COMMITTED BY THE CONSULTANT OR CONSULTANT'S AGENT. CONSULTANT UNDER CONTRACT. OR
(20) The Consultant will list the Citv as an additional insured under it's commercial qeneral liabilitv and automobile liabilitv policies.
801 Cherry Street, Suite 1300, Unit 11, Fort Worth, Texas, 76102 817 335 6511 � kimley-horn.com
Exhibit F
Insurance
1.01 Dutv to Acquire and Maintain. Developer shall ensure that a policy or policies of insurance are
procured and maintained at all times, in full force and effect, to provide coverage of the types and amounts
speci�ed herein, naming the City as an additional insured as set forth herein, and covering all public risks
related to this Agreement. The insurance required hereunder may be met by a combination of self-insurance
and primary and excess policies.
1.02 Tvpes and Amounts of Covera�e Required
a. Commercial General Liabilitv:
(1) $1,000,000.00 per occurrence, $2,000,000.00 aggregate, including coverage for
the following: (i) Premises Liability; (ii) independent contractors; (iii) products/completed
operations; (iv) personal injury; (v) contractual liability; (vi) explosion, collapse, and
underground property damage
Property Dama�e Liability:
(]) $],000,000.00 per occurrence
c. Umbrella Policv
(1) $5,000,000.00
d. Environmental Impairment Liabilitv (EIL) &/or Pollution Liability
(1) $2,000,000 per occurrence
(2) $5,000,000 aggregate
e. Automobile Liabilitv:
(]) $],000,000.00 Each accident on a combined single-limit basis
Worker's Compensation:
(1) As required by law
g. Employer's Liabilit�
(1) $1,000,000.00 per accident
1.03 Revisions to Required Covera�e. At the reasonable recommendation of the City's Risk Manager,
the City may at any time revise insurance coverage requirements and limits required by this Agreement.
Company agrees that within ten (10) days of receipt of written notice from the City, all such revisions
requested by the City will be implemented. The policy or policies of insurance shall be endorsed to provide
that no material changes in coverage, including, but not limited to, cancellation, termination, non-renewal,
City of Fort Worth, Texas Page 24 of 25
Standard Community E'acilities Agreement with City Participation and
Agreement for the Preliminary Design of a Portion of Oak Grove Road
Rev. 4/2/20
or amendment, shall be made without thirty (30) days' prior written notice to the City.
1.04 Underwriters and Certificates. The insurers for all policies must be licensed and approved to do
business in the State of Texas. Except for workers' compensation, al I insurers must have a m inimum rating
of A: Vll in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and
solvency to the satisfaction of Risk Management. If the rating is below that required, prior written approval
of the City's Risk Management Division is required. Within ten (10) business days following eXecution of
this License, Developer shall ensure that City is furnished with certifcates of insurance signed by the
respective companies as proof that the types and amounts of insurance coverage required herein have been
obtained. In addition, Developer shall, on demand, provide the City with evidence that it has maintained
such coverage in full force and effect.
1.05 Deductibles. Deductible or self-insured retention limits on any line of coverage required herein
shall not eXceed $25,000.00 in the annual aggregate unless the limit per occurrence or per line of coverage,
or aggregate is otherwise approved by the City.
1.06 No Limitation of Liabilitv. The insurance requirements set forth in this section and any recovery
by the City of any sum by reason of any insurance policy required under this License shall in no way be
construed or affected to limit or in any way affect Company's liability to the City or other persons as
provided by this Agreement or law.
1.07 Umbrella or Excess Liabilitv. If insurance policies are not written for specified coverage limits, an
Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form
of the primary coverage.
1.08 Additional Insured. The City, its officers, employees and volunteers shall be named as an
Additional Insured on the Automobile and Commercial General Liability policies.
1.09 Waiver of Subro�ation. The insurance shall include a waiver of rights of recovery (subrogation)
in favor of the City of Fort Worth.
1.10 Copies of Policies and Endorsements. City shall be entitled, upon request and without expense, to
receive copies of policies and endorsements thereto and may make any reasonable reguests for deletion or
revision or modifications ofparticular policy terms, conditions, limitations, or exclusions in order to comply
with the requirements of this Agreement eXcept where policy provisions are established by law or
regulations binding upon either of party or the underwriter on any such policies.
1.1 ] Certi�cate of Insurance. Developer shall submit to the City a certificate of insurance evidencing
all required insurance coverage and any applicable endorsements.
City of Fort Worth, Texas Page 25 of 25
Standard Community E'acilities Agreement with City Participation and
Agreement for the Preliminary Design of a Portion of Oak Grove Road
Rev. 4/2/20
Client#: 25320 KIMLHORN
DATE (MM/DDIYYYY)
ACORDrM CERTIFICATE OF LIABILITY INSURANCE 3/12/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s).
PRODUCER NAMEACT .1erry Noyola
Greyling Ins. Brokerage/EPIC PHONE 770-552-4225 FAX 866-550-4082
A/C, No, Ext : AIC, No :
3780 Mansell Road, Suite 370 E-MAIL er no ola re lin com
ADDRESS: � rY• Y �g Y g•
Alpharetta, GA 30022
INSURER S AFFORDING COVERAGE NAIC #
INSURED
Kimley-Horn and Associates, Inc.
421 Fayetteville Street, Suite 600
Raleigh, NC 27601
COVERAGES
CERTIFICATE NUMBER: 20-21
( )
iNsuReRa,: National Union Fire Ins. Co. 19445
iNsuReR s: Aspen American Insurance Company 43460
iNsuReR c: New Hampshire Ins. Co. 23841
iNsuReR o: Lloyds of London 085202
INSURER E :
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTRR TYPE OF INSURANCE NSR WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS
(MM/DD/YYYY) (MM/DD/YYYY)
A X COMMERCIAL GENERAL LIABILITY 5268169 4/01/2020 04/01/2021 EACH OCCURRENCE $� ���Q���Q
CLAIMS-MADE �X OCCUR PREMISES�Ea oNcur° nce $ 500,000
X Contractual Liab MED EXP (Any one person) $25,000
PERSONAL & ADV INJURY $ �,OOO,OOO
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $Z�OOO�OOO
PRO-
POLICY X JECT X LOC PRODUCTS-COMP/OPAGG $Z�OOO�OOO
OTH ER: $
A AUTOMOBILE LIABILITY 4489663 4/01/2020 04/01/2021 Ea aBcideDtSINGLE LIMIT $2 000 000
X ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED BODILY INJURY (Per accident) $
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE
X AUTOS ONLY X AUTOS ONLY Per accident $
$
B UMBRELLALIAB X OCCUR CX005FT20 4/01/2020 04/01/2021 EACHOCCURRENCE $rJO��,�00
�( EXCESS LIAB CLAIMS-MADE AGGREGATE $rJ OOO OOO
DED X RETENTION $O $
C WORKERSCOMPENSATION 015893685 AOS 04/01/2020 04/01/2021 X PER OTH-
AND EMPLOYERS' LIABILITY � � STATUTE ER
A ANYPROPRIETOR/PARTNER/EXECUTIVEY�N 015893686(CA) 04/01/2020 04/01/2021 E.L.EACHACCIDENT $���00��00
OFFICER/MEMBER EXCLUDED? � N / A
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $� ��00��00
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $� �OOO�OOO
D Professional Liab B0146LDUSA2004949 4/01/2020 04/01/2021 Per Claim $2,000,000
Aggregate $2,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
Re: Oak Grove Road (Enon Rd to Everman Pkwy). Rob Riner Companies GP, LLC & The City of Fort Worth are
named as Additional Insureds with respects to General Liability where required by written contract.
TE HOLD
Rob Riner Companies GP, LLC
1029 W. Enon Avenue
Everman, TX 76140
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
I 'a%�'/� ��''
O 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD
#S2614460/M 2102751 J N OY1
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00 42 43
PAP PROPQSAL FORM
Page 1 oi 5
s�c�rioN oa az as
D�veloper Awarded Projecls - PftO!'OSA� FORM
AL]EIENDUM N0. 2
GITY OF FORT WORTH
STANDAR€� CONSTRLICTION SPECIFiCATION O6CUMENTS - C�EVECOPER AWAR6ED PROJECTS
Form Version May 22, 2019
UNIT PRICE BID Bidder's Application
00 42 43
DAPPROPOSALFORM
Page 2 of 5
Project 3Eem [nfonnation
Bidlisf Ite�n pescription
No.
UNIT III: �RA
1 U171.0101 Construction 5iaking
2 0171.U102 As-Built Survey
3 D241.3106 30" Storm Abandonment Piug
A 02�1.3t08 36" Storm Abandonment Piug
5 3137.d1U4 Medium Stone Ri ra , d
fi 3301.0012 Post CCTV Ins ection af Siorm prain
7 33D5,0103 Trench Sate
8 33U5.4107 42" Casing Sy bther Ti�an d en Cui
S 3341.0103 18" RCP, Class Ill
ib 3344.0201 21" RCP, C6ass [Ik
11 3347A205 24" RCP, Class tll
12 3343.0302 30" RCP, C[ass tl!
13 3349.03D9 36" RCP, Class ill
14 3341.1102 4x3 Box Cu[vert
15 3341.12D2 5x9 8ox Cu[vert
16 3341.1402 7x4 Box Cutvert
17 3349.DOQ1 4' Siorm Junctian Box
18 33A9A003 6' Sioritt Junctian Box
19 3349.0104 4` Stacked Manhole
20 3348.1000 Headwalt, Box Culvert
29 3349.1105 30" Flared Headwall, 2 i es
22 3348.5Qt11 t0' Curb Inlet
23 3349.6001 10' Recessed Inlet
24 3349.BOfl2 t5' Recessed Inlet
25 3349.6003 20' Recessed fnlef
2& 3349.8fl01 90' iy e 2lnfet
27 3349.8002 15' iy e 2 Infet
28 3349.8UO3 20' Ty e 2 In[et
29 9999.0004 8x3 Box Cu[vert
30 420 6029 Cl. C CONG (CAP)
Bidders P:oposa{
Specificaiion Uikit of Bid ���t Price Bid Value
Secfion No. Measicre QuanFity
; [MPROV�MENTS
0171 23 LS 1 $20,000.06 $ 20,OOO.U€l
017123 LS 1 $i,000.00 $ 1,006.D0
02411A EA 1 $410.D0 $ 410.00
02 41 14 EA 1 $440.D0 $ 440.00
313700 SY 271 $6i.D0 $ 16,53i.00
33 01 3t �F 4,855 $t•D8 $ 5,146.30
33051p LF A,730 $'t.00 $ 9,73fl.00
33 05 22 LF BD $960.00 $ 57,BOO.UO
334t 1q I.F 4S $32.00 $ 4,508.OD
33 41 10 LF 8 $118.00 $ S44.OD
33 43 10 LF 1,4[i8 $9A.D0 $ 132,352.00
33 4'! 10 LF 2D9 $12D.00 $ 25,OSO.OD
334190 L� 876 $153.U0 $ 1A9,328.00
38 41 10 l.F 483 $260.OU $ 125,580.tlQ
33 A1 10 LF 922 $340A0 $ '�A3,ABO.UO
33411U l.F 90 $63D.00 $ 56,70U.00
33491D EA 4 $7,4UD.00 $ 29,600.Ofl
33 49 10 EA 1 $12,70�.Op $ 12,700.00
33491U EA 6 $3,OOO.UO $ 98,0OO.Ofl
334840 CY 1 $10,206.00 $ 90,200.00
33 43 40 EA 1 $3,700.00 $ 3,700.00
33 �{9 20 EA 1 $7,500.Ot1 $ 7,500.00
33 49 20 EA 2 $7,800.60 $ 15,6UO.fl0
33 49 20 EA 1 $9,800.00 $ 9,8U0.00
33 49 20 �A 1 $12,100.00 $ 12,100,00
33 99 20 EA 4 $10,700.00 $ 42,800.0�
33 49 20 £A 1 $14,OOfl.00 $ 14,000.00
33 49 20 EA '[ $17,4(30.00 $ 17,400,00
33 4i i0 LF 1,210 $500.OD $ G05,000.00
TxR�T 420 CY 1 $2,200.00 $ 2,200,OC
544
C1TY OF FORT WORiH
STANDARD COiJSTRi1CTION SPECIFICAT30N DOGUMENTS - qEVELOPER AWAROEf] PROJECTS
Fomt Ve�siort May 22, 2019
00 A2 d3
DAPPROPOSALFQRM
Page 3 af 5
Bidlsst Itern
No.
Projcct Ltei;i Information
�escription
Specitication Unit nf Bi
Saction No. Meassue Qua�
RfIPROVEIVIENTS
01 71 23 L5
pt 79 23 LS
0241 93 SF
U2 41 13 SF
02 A1 13 LF
02 41 13 5F
42 41 13 LF
02 41 14 EA
02 41 13 5Y 1
02 41 15 L�
0241 14 I.F
31 10 00 LS
31 10 00 EA
31 23 t8 CY
3'[ 24 00 CY
3t 23 23 CY
37 25 00 LS
32 t 1 23 SY
32 91 29 SY 3'
32 � 1 23 TN
32121fi SY
32 1216 SY
Bidder's Progosal
a IJnit Price Bid Vafae
uiry
1 $46,800.00 $ 46,e0U.00
� $1,0OO.OD $ 1,000.00
99 $`�.30 $ 524.70
7824 $1.34 $ 10,4$4.1fi
4117 $1.00 $ 4,197.00
372 $5.80 $ 2,t57.fi0
87 $9.92 $ 883.04
3 $840.00 $ 9,92U.00
0761 �1.77 $ i9,046.97
20 $21.50 $ 430.00
160 $11.35 $ 1,816,D0
# $$,OOO,OU $ 9,OOO.DO
3 $1,000.00 $ 3,OD0.00
8200 $12.50 $ 302,500.00
8200 $6,15 $ 50,930.00
5090 $15.35 $ �fi,750.00
1 $29,700.00 $ 29,700.00
A64 $12.00 $ 5,566,pD
1 0171.�1U1 Construction SlaKiag
2 0171.o1U2 As-SuillSuroey
3 4241.0100 Remove Sidewalk
4 0241.0401 Remave Concreie Drive
5 0241.OS00 Remave Fence
6 02A1.0&09 Remov�; Ri Ra
7 0241.0550 Remove Guardrail
8 0241.4401 Remove HeadwalilSET
9 0241.1100 Fiemove As halt Pvmt
l0 U241.1300 Remove Conc Curb&Gutter
77 0241.3018 Remove 33" Storm Line
t2 3110.0101 Sife Cleasing
�3 3110.0102 8"-72" Tree Ftemoval
14 3123.0101 Unclassified �xcavation 6 Plan
95 3124.0101 Embankment by Plan
16 3123.0103 Borrow b P[an
17 3125.01D1 SWPPP z t acre
18 3241.U11 t 4" Flexible base, e A, GR-1
19 32t 1.0562 S" l.ime Treaiment 54 iBS15
2D 3211.OAD0 H drated �ime
21 3212A3v2 2" As halE Pvmt Ty e 6
22 3212.0645 8" As hali Base 7ype B
23 3213.0105 t 0" Conc Pvmt (4,OOD PSI
24 3213.0403 8" Concreie �rivBway
25 3213.�301 4" Conc 5idewalk
26 3212.D311 4" Conc Sidewa[k, AdjaCent to Curb
27 3213.6506 Barrier Free Ram , Ty e P-1
28 3217.0901 4" SLp Pvmt Marking HA5
29 3217.D002 4" SLD Pvmt Marking HAS
30 3217.02Q1 8" SL� Pvmt Marking HAS (VV)
31 3217A202 8" SL� Pvmt Marking HAS
32 3217.0004 4" SRK Pvmt Marking HAS {Y)
$3 3217.00U3 9" BRK Pvmt Mar€cin HA5 (VV)
34 3217.05U1 24" SI.R Rvmt Markin HRE
35 3217.2102 REFL Raised hAarker TY 1-C
36 3217.2103 REFL Raised NlarkerTY I]-A-A
37 3247.430� Remove 4" Pvmt Marking
38 32�7.4303 Remove 8" Pvmf Marking
33 329'7.4307 Remove Raised Markef
40 3291.0100 To soi[
41 3282.0100 Slock Sod Piacement
42 34A1.k1 tfl Remove and Reinstall Sign Panel and Post
93 3441.4003 Furnishllnsia[1 Alum S� n Ground Maunt Cit
44 3471.0001 Tra�c Control
45 3471.00(12 Poftabla Messa e Si a
46 3471.0003 Traff€c Controf 17eta[ls
47 8993.a0D1 Remove Gra�el Drive
48 450 &052 RAIL iHANDRAIL)f�Y F;
321313 SY 27221
32 13 20 5F 25788
32 13 20 SF 68566
32 13 20 S� 8074
3213 20 EA
3217 23 LF
'32 17 23 l.F 1
'32 17 23 LF
32 17 23 l.F
32 47 23 LF
32 i7 23 LF
33 17 23 LF
32 i7 23 EA
32 i7 23 EA
32 77 23 LF
3217 23 LF
32 17 23 �A
32 91 19 GY
32 92 13 5Y 1
34 41 30 EA
34 A1 3D EA
34 71 13 MO
3q 71 13 WK
35 71 13 FA
02 41 13 SF
7xbOT 45a I.F
1144
48
2440
2390
22
272
246
635fi
1225
160
2221
3329
2
5
12
50
2
6532
179
70.00 $ 152,320.00
36.18 $ 3,437.10
93.11 $ 8,845.95
70.00 $ 1,S05,A70.U0
$7.00 $ 180,516.00
$4.74 $ 325,002,8A
$7.10 $ 43,104.10
D0.00 $ 4,4U0,00
$U.89 $ 59'I.85
$4.2D $ 2,928.00
$4.20 $ 2,888.UD
$15.00 $ 330.D0
$4.00 $ '[,088.06
$4.00 $ 984.00
$0.65 $ 4,t31.40
$1.75 $ 2,tA3.75
$1.00 $ t60.00
$8.50 $ �$,878.50
$4.OU $ 53,316.U0
$575.00 $ 1,95�.D0
$685.00 $ 3,425.U0
�
1,800.�(1
a,812.16
21,122.D0
88.156.49
cirr oF �o�r woRTH
STANDAf2Cl CONSTRL/CTION SPECIFICATiON €�OCUMENTS - D�VELpPER AWAROEO PROJECTS
Fvrm Versiort May 22, 2019
00 h2 q3
OAP PROPQSAL FOi2M
Pags 4 of 5
CITY OF FORT WORTH
STANDAR6 CONSTRUCTION SP�GIFICATIQN �OCUN�ENTS - �EVELOP�R AWAR�E� PROJECTS
Fofm Versfoa May 22, 2019
00 42 43
�APPRQPOSALFDRM
Page 5 of 5
Praject Item infonEiation
I€st [tem
No.
Descriplion
IT lll: pF2AINAGE
��IT lV: PAVING II
Specstication LI37Ei OF Bid
Section No. Measure Ouant.
Total Canstructian
Bidder's Proposal
Unit Prica Bid Value
CITY OF FORT WORTH
STANOARD CONSTRUCTION SPEGIFECA'f1p13 b6CUMENTS» D@VELOPEft AWARDED PROJECTS
Form Version May 22, 2019
�� ROBRINE-01 JWILLMO
,4CORo` CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY)
�� 3/12/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT Juli Willmott
NAME:
Gus Bates Insurance & Investments PHONE FAX
3221 Collinsworth St (a/c, No, eXt): (817) 529-5315 �aic, No):(817) 984-7630
Fort Worth, TX 76107 a oREss:Juli@gusbates.com
INSURED
Rob Riner Companies GP, LLC
PO BOX JO%
Fort Worth, TX 76101
iNsuRea a: Certain Underwriters at LI
�n,suReaa:Texas Mutual Ins Co
INSURER C :
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TypE OF INSURANCE ADDL SUBR pOLICY NUMBER POLICY EFF POLICY EXP LIMITS
LTR INSD WVD MM DD/YYYY MM/DD/YYYY
A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE g �,OOO,OOO
CLAIMS-MADE � OCCUR SCG1020620 9I'I/ZOZO 9/1/2021 DAMAGE TO RENTED �OO,OOO
PREMISES Ea occurrence $
MED EXP An one erson $
PERSONAL & ADV INJURY $ �,OOO,OOO
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000
POLICY �X jE � � LOC PRODUCTS - COMP/OP AGG $ 2,000,000
X OTHER: Per Project Cap: $5,000,00o Per Project cap $ 5,000,000
A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 'I,OOO,OOO
Ea accident $
ANYAUTO SCG1020620 9�'��2020 9/1/2021 gpDILYINJURY Per erson $
OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY Per accident $
X HIRED X NON-OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY Per acadent $
$
A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE g 5,000,000
EXCESS LIAB CLAIMS-MADE SCX1021620 9�'��202� 9/1/2021 AGGREGATE $ 5,���,���
DED RETENTION $ g
B WORKERS COMPENSATION X PER OTH-
AND EMPLOYERS' LIABILITY STATUTE ER
Y�N 0002051961 9/2/2020 9/2/2021 1,000,000
OFFICER/MEMBER/EXCLUDED? ECUTIVE � N� A E.L. EACH ACCIDENT $
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ �,���,���
If yes, describe under 1,000,0��
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $
q Professional Liab ANE4448133.20 9/1/2020 9/1/2021 Aggregate 1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
PRC20-0127 - Oak Grove Road
Workers Compensation
WC 42 06 01 Texas Notice of Material Change endorsement 30 day NOC
General Liability
CG 20 07 04 73 Primary And Noncontributory Other Insurance Condition
SG 00 44 11 18 Subcontractor Warranty Endorsement (Increased Deductible)
CG 24 04 OS 09 Waiver Of Transfer Of Rights Of Recovery Against Others To Us
SEE ATTACHED ACORD 101
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Clt of Fort WOrth THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Y ACCORDANCE WITH THE POLICY PROVISIONS.
Development Services Department
Contract Management Office
200 Texas Street AUTHORIZED REPRESENTATIVE
Fort Worth, TX 76102 � '/�_
/�/
ACORD 25 (2016/03) O 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
��
ACORO'"
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AGENCY
3us Bates Insurance & Investments
POLICY NUMBER
3EE PAGE 1
CARRIER
3EE PAGE 1
ADDITIONAL REMARKS
AGENCY CUSTOMER ID: ROBRINE-01
LOC #: 1 _
ADDITIONAL REMARKS SCHEDULE
NAMEDINSURED
Rob Riner Companies GP, LLC
PO Box 907
Fort Worth, TX 76101
NAIC CODE
iEE P 1 EFFECTIVE DATE:
JWILLMOTT
Page 1 of 1
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance
Description of Operations/LocationsNehicles:
Professional Liab. Deductible $25,000
ACORD 101 (2008/01) O 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
0
eX�1,SM t a
uu
WORKERS' COMPENSATION INSURANCE
WORKERS' COMPENSATION AND WC 42 06 01
EMPLOYERS LIABILITY POLICY Agent copy
TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT
This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the
Information Page.
In the event of cancellation or other material change of the policy, we will mail advance notice to the person or
organization named in the Schedule. The number of days advance notice is shown in the Schedule.
This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
1. Number of days advance notice:
2. Notice will be mailed to:
30
PER LIST ON FILE
This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below.
(The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.)
This endorsement, effective on 9/2/20 at 12:01 a.m. standard time, forms a part of:
Policy no. 0002051961 of Texas Mutual Insurance Company effective on 9/2/20
Issued to: ROB RINER COMPANIES GP LLC
NCCI Carrier Code: 29939
This is not a bill
PO Box 12058, Austin, TX 78711-2058
1 of 1 texasmutual.com �(800) 859-5995 � Fax (800) 359-0650
r/ �Z/ �
Authorized representative
9/ 1 /20
WC 42 06 01
Subcontractor Warranty
This endorsement modifies insurance under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCT/COMPLETED
OPERATIONS LIABILITY COVERAGE PART
The following condition is added to Section IV of the policy — Commercial General Liability
Conditions:
10. a. You shall obtain Certificates of Insurance from all contractors or subcontractors providing
evidence of General Liability Insurance with a minimum limit and aggregate as follows:
General Aggregate Limit: $1,000,000
Products — Completed Operations Aggregate Limit: $1,000,000
Each Occurrence Limit: $1,000,000
b. Such certificates of Insurance shall also specify that you are named as an additional insured
under their policy as respects work for which you have engaged their services.
c. Provide these documents to us in connection with any "occurrence," claim, or "suiY' that arises
in whole or in part from the work of any independent contractors or subcontractors you hire.
Failure to comply with this condition does not alter the coverage provided by this policy to the
Named Insured; however, should you fail to comply, the deductible on your policy relating to the
contractor's work a deductible of three (3) times your policy deductible will apply.
NOTHING HEREIN CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND
ANY OF THE TERMS, CONDITIONS, OR LIMITATIONS OF THE POLICY TO WHICH THIS
ENDORSEMENT IS ATTACHED OTHER THAN AS ABOVE STATED.
SG 00 44 11 18 Page 1 of 1
Policy Number:
COMMERCIAL GENERAL LIABILITY
CG 20 01 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY -
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available
to an additional insured under your policy
provided that:
(1) The additional insured is a Named Insured
under such other insurance; and
�
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.
`
�
CG 20 01 0413 O Insurance Services Office, Inc., 2012 Page 1 of 1
POI.iCY NUMBER:
COMMERCIAL GENERAL LIABILITY
CG 24 04 05 09
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Person Or Organization:
Infarmation required to complete this Schedule, if not shown
The fallowing is added to Paragraph 8. 7ransfer Of
Rights Of Recovery Against Others To Us of
Sect'ton IV — Conditions:
We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
"your work" done under a contract with that person
or organization and included in the "products-
completed operations hazard". This waiver applies
only to the person or organization shown in the
Schedule above.
0
m
�
�
°' CG 24 04 05 09
will be shawn in the Declarations.
OO Insurance Services Office, Inc., 2008
Page 1 of 1 O
I DATE(MM/DDIYYYY)
A�� � CERTIFICATE OF LIABILITY INSURANCE 1/27/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME: COI11101' B8I(@I'
Uniondale-Alliant Ins Svc Inc PHONE Fax
333 Earle Ovington Blvd Ste 700 a�c n,o exc : 516-414-8278 AIC No :
Uniondale NY 11553 aooR�ess: connor.baker@alliant.com
INSURER(S) AFFORDING COVERAGE NAIC #
iNsuReRa: Berkshire Hathawa Specialt I 22276
INSURED STERCON-01 iNsuReRa: Executive Risk Indemnity Inc 35181
Texas Sterling Construction Company
20810 Fernbush Lane iNsuReRc: Federal Insurance Company 20281
HOUStOII, TX 77073 INSURERD:
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER: 1556987472 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS
LTR INSD WVD POLICYNUMBER MM/DD/YYYY MM/DD/YYYY
B X COMMERCIALGENERALLIABILITY Y Y 54309707-02 6/1/2020 6/1/2021 EACHOCCURRENCE $2,000,000
CLAIMS-MADE � OCCUR PREM SES�Ea occur ence $ 300,000
X Contractual Liab MED EXP (Any one person) $ 10,000
PERSONAL & ADV INJURY $ 2,000,000
GEN'LAGGREGATELIMITAPPLIESPER: GENERALAGGREGATE $4,000,000
POLICY � jE � � LOC PRODUCTS - COMP/OP AGG $ 4,000,000
OTH ER: $
C AUTOMOBILELIABILITY Y Y 205430-97-05 6/1/2020 6/1/2021 COMBINEDSINGLELIMIT $2�000,000
� � Ea accident
X ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED BODILY INJURY (Per accident) $
AUTOS ONLY AUTOS
X HIRED X NON-OWNED PROPERTYDAMAGE $
AUTOS ONLY AUTOS ONLY Per accident
$
A UMBRELLALIAB X OCCUR Y Y 47-XSF-303345-04 6/1/2020 6/1/2021 EACHOCCURRENCE $10,000,000
X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10,000,000
DED X RETENTION $ $
� WORKERS COMPENSATION Y 005 4309704 04 6/1/2020 6/1/2021 X PER OTH-
AND EMPLOYERS' LIABILITY Y� N STATUTE ER
ANYPROPRIETOR/PARTNER/EXECUTNE E.L EACH ACCIDENT $ 1,000,000
OFFICER/MEMBEREXCLUDED? � N�A
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
Re: Oak Grove Road / Project No. 102802
City of Fort Worth, Kimley-Horn and Associates Inc. and Carter Park East Land LLC are included as Additional
Insured as respects Liability arising out of work performed by the Named Insured as required by written contract.
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Carter Park East Land, LLC
1717 McKinney Avenue,Suite 1900
Dallas, TX 75202 AUTHORIZEDREPRESENTATIVE
�N�Y���
OO 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
I DATE(MM/DDIYYYY)
A�� � CERTIFICATE OF LIABILITY INSURANCE 1/26/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME: COI11101' B8I(@I'
Uniondale-Alliant Ins Svc Inc PHONE Fax
333 Earle Ovington Blvd Ste 700 a�c n,o exc : 516-414-8278 AIC No :
Uniondale NY 11553 aooR�ess: connor.baker@alliant.com
INSURER(S) AFFORDING COVERAGE NAIC #
iNsuReRa: Berkshire Hathawa Specialt I 22276
INSURED STERCON-01 iNsuReRa: Executive Risk Indemnity Inc 35181
Texas Sterling Construction Company
20810 Fernbush Lane iNsuReRc: Federal Insurance Company 20281
HOUStOII, TX 77073 INSURERD:
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER:729276420 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS
LTR INSD WVD POLICYNUMBER MM/DD/YYYY MM/DD/YYYY
B X COMMERCIALGENERALLIABILITY Y Y 54309707-02 6/1/2020 6/1/2021 EACHOCCURRENCE $2,000,000
CLAIMS-MADE � OCCUR PREM SES�Ea occur ence $ 300,000
X Contractual Liab MED EXP (Any one person) $ 10,000
PERSONAL & ADV INJURY $ 2,000,000
GEN'LAGGREGATELIMITAPPLIESPER: GENERALAGGREGATE $4,000,000
POLICY � jE � � LOC PRODUCTS - COMP/OP AGG $ 4,000,000
OTH ER: $
C AUTOMOBILELIABILITY Y Y 205430-97-05 6/1/2020 6/1/2021 COMBINEDSINGLELIMIT $2�000,000
� � Ea accident
X ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED BODILY INJURY (Per accident) $
AUTOS ONLY AUTOS
X HIRED X NON-OWNED PROPERTYDAMAGE $
AUTOS ONLY AUTOS ONLY Per accident
$
A UMBRELLALIAB X OCCUR Y Y 47-XSF-303345-04 6/1/2020 6/1/2021 EACHOCCURRENCE $10,000,000
X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10,000,000
DED X RETENTION $ $
� WORKERS COMPENSATION Y 005 4309704 04 6/1/2020 6/1/2021 X PER OTH-
AND EMPLOYERS' LIABILITY Y� N STATUTE ER
ANYPROPRIETOR/PARTNER/EXECUTNE E.L EACH ACCIDENT $ 1,000,000
OFFICER/MEMBEREXCLUDED? � N�A
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
Re: Oak Grove Road / Project No. 102802
City of Fort Worth, Kimley-Horn and Associates Inc. and Carter Park East Land LLC are included as Additional Insured as respects Liability arising out of work
performed by the Named Insured as required by written contract.
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Fort Worth
1000 Throckmorton Street
Fort Worth, TX 76102
ACORD 25 (2016/03)
AUTHORIZED REPRESENTATIVE
�N�1�6`�!4 ��
OO 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
A
M&C Review
CITY COUNCIL AGEND
DATE: 12/15/2020 REFERENCE NO.: **M&C 20- LOG NAME:
0928
CODE: C TYPE: CONSENT PUBLIC
HEARING:
Page 1 of 3
Official site of the City of Fort Worth, Texas
FQRT�'4'ORTH
-��-
060AK GROVE
ROAD JOEL EAST TO
ENON
NO
SUBJECT: (CD 8) Authorize the Revision to the 2018 Bond Program Project Scope for Oak Grove
Road Between Joel East Road and Everman Parkway from Asphalt Pulverization and
Overlay to Construction of a Concrete, Four-Lane Divided Roadway with Two-Way Turn
Lane and Ten-Foot Shared Paths and Authorize the Execution of a Community Facilities
Agreement with Rob Riner Companies GP, LLC, with City Participation in an Amount Not
to Exceed $1,200,000.00 for Construction of Oak Grove Road from Joel East Road to
Enon Road and $200,000.00 for Preliminary Design of Oak Grove Road from Enon Road
to Everman Parkway, Adopt Appropriation Ordinances, and Amend the FY2021-2025
Capital Improvement Program (2018 Bond Program)
RECOMMENDATION:
It is recommended that the City Council:
2.
3
�
5
Revise the scope of the Oak Grove Road project as described in the 2018 Bond Program from
an asphalt pulverization and overlay to construction of a concrete, four-lane divided roadway
with a two-way turn lane and two ten-foot shared paths, consistent with the City's Master
Thoroughfare Plan for Oak Grove Road from Joel East Road to Enon Road;
Authorize the execution of a community facilities agreement with Rob Riner Companies GP,
LLC, with City participation in an amount not to exceed $1,200,000.00 to construct Oak
Grove Road from Joel East Road to Enon Road and City participation in an amount not to
exceed $200,000.00 for preliminary design of Oak Grove Road from Enon Road to Everman
Pa rkway;
Adopt the attached appropriation ordinance adjusting appropriations in the 2018 Bond
Program Fund by increasing appropriations in the Community Facilities Agreement-Oak
Grove Road South project, in the amount of $1,200,000.00 and decreasing appropriations in
the Street Construction/Reconstruction/Rehabilitation programmable project (City Project No.
PB0001) by the same amount;
Adopt the attached appropriation ordinance adjusting receipts and appropriations in the
Transportation Impact Fee Capital Fund by increasing receipts and appropriations in the
Community Facilities Agreement - Oak Grove Road South project (City Project No. 102802)
in the amount of $200,000.00 and by decreasing receipts in the REVENUE - Service Area X-
Transportation Impact Fees project (City Project No. UN9926) by the same amount; and
Amend the FY2021-2025 Capital Improvement Program.
DISCUSSION:
Oak Grove Road between Joel East Road and Everman Parkway was planned as a Technique 2
maintenance project to improvement the pavement condition index for the road in the 2018 Bond
Program. The project would pulverize the existing, two-lane, undivided asphalt road and replace it
with a new, two-lane, undivided asphalt road as part of the 2018 CIP Year 2, Contract 16 (City Project
No. 101476). The project estimate for Oak Grove Road as a Technique 2 project was $1,200,000.00.
Oak Grove Road is classified as a Commercial Connector with two-lanes in each direction, a two-way
turn lane, and ten-foot shared paths on each side of the street on the adopted 2016 Master
Thoroughfare Plan (MTP) update. Additionally, Oak Grove Road from Joel East to Everman Parkway
is identified as project X-18 in the adopted 2018 Traffic Impact Fee Study.
http://apps.cfwnet.arg/council�acket/mc review.asp?ID=28497&councildate=l2/15/2020 3/23/2021
M&C Review
Page 2 of 3
In 2019, Rob Riner Companies GP, LLC, a developer, approached the Transportation and Public
Works (TPW) and Development Services departments for a partnership with the City to construct the
full MTP roadway section from Joel East to Enon Road. These improvements will be an extension of
the concrete improvements of Oak Grove that have been constructed by the developer from Wichita
to Joel East Road. The developer requested the opportunity to utilize the bond funds previously
allocated to the maintenance project to fund a portion of the full MTP street cross-section in lieu of the
City installing asphalt to increase the available capacity of the road as well as provide a long-term,
much needed improvement to the roadway. This revises the scope of the Oak Grove Road project in
the 2018 Bond Program from a Technique 2 to a Technique 1 reconstruction project for the same
estimate of 1,200,000.00.
In addition to constructing the full section of Oak Grove Road from Joel East Road to Enon Road, the
City and the developer acknowledge Oak Grove between Enon Road and Everman Parkway will
require drainage improvements that require additional cost analysis through preliminary design. The
developer has agreed to provide the preliminary design for this portion of the roadway. The City will
evaluate the costs based on the preliminary design and explore additional opportunities to fund the
section of the road at a later date. The cost of the preliminary design will be paid by the City through
the use of Transportation Impact Fees. Through this partnership, the City receives increased capacity
with the additional two lanes, an increased pavement index rating, and increased roadway lifespan
with concrete, for the cost of the asphalt maintenance project.
The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of a
Community Facilities Agreement (CFA) with Rob Riner Companies GP, LLC (Developer), for the
construction of the full, four-lane, concrete roadway with a two-way turn lane and ten-foot shared
paths for Oak Grove Road from Joel East Road to Enon Road and the preliminary design of Oak
Grove Road from Enon Road to Everman Parkway.
This project is included in the 2018 Bond Program. Available resources within the General Fund will
be used to provide interim financing until debt is issued. Once debt associated with the project is sold,
bond proceeds will reimburse the General Fund in accordance with the statement expressing official
Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election
(Ordinance No. 23209-05-2018) and subsequent actions taken by the Mayor and Council.
Funding for this project was not included in the FY2021-2025 Capital Improvement Program due to a
changing the scope of a 2018 Bond Program project and using Transportation Impact Fees to cover
additional City costs associated with a CFA project. The action in this M&C will amend the FY2021-
2025 Capital Improvement Program as approved in connection with Ordinance No. 24446-09-2020.
The table below reflects the delineation of construction costs and related fees between the developer
and the City. The estimated costs provided were based upon the engineer's estimate included as an
exhibit and are consistent with the City Council adopted Unit Price Ordinance. The project will be
publicly bid, and a 10\% MBE goal has been established for the construction project.
Estimated Prolect Expenditures:
Project Component Developer"s City"s Cost Total Cost
Cost
Paving and Street $3,404,290.00 $814,230.00 $4,218,520.00
Improvements
Drainage Improvements $1,070,732.00 $256,143.00 $1,326,875.00
Street Light Improvements $541,723.00 $129,627.00 $671,350.00
Contingency (20\%) $1,243,349.00 $0.00 $1,243,349.00
Bid Payment, Performance
& Maintenance Bonds (10\ $746,009.00 $0.00 $746,009.00
%�
http://apps.cfwnet.arg/council�acket/mc review.asp?ID=28497&councildate=l2/15/2020 3/23/2021
M&C Review
Joel East to Enon
Engineering Design (10\%
Enon to Everman
Preliminary
Engineering Design
TOTAL
$746,009
�o
$7,752,112
$0.00�� $746,009.0
�200,000.0011 �200,000.0
$1,400,000.00�� $9,152,112.0
Page 3 of 3
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are currently available in the Revenue- SA X-Transp Imp
Fees and the Street Construction/Recon/Reha projects within the Transportation Impact Fee Cap and
the 2018 Bond Program Funds and upon approval of the above recommendations and adoption of
the attached appropriation ordinances, funds will be available in the Transportation Impact Fee Cap
and the 2018 Bond Program Funds for the CFA-Oak Grove Rd Joel E— Enon project to support the
approval of the above recommendations and execution of the community facilities agreement. Prior
to an expenditure being incurred, the Transportation & Public Works Department has the
responsibility of verifying the availability of funds.
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 21
FROM
Fund Department Account Project Program Activity Budget Reference # Amount
ID � ID Year (Chartfield 2)
Submitted for Citv Manaqer's Office bv: D.J. Harrell (8032)
Oriqinatinq Department Head:
Additional Information Contact:
Ty Thompson (2120)
Mirian Spencer (8702)
ATTACHMENTS
060AK GROVE ROAD JOEL EAST TO ENON 30108 A021(R41.docx
060AK GROVE ROAD JOEL EAST TO ENON 34018 A021(R3)r.docx
Oak Grove Road OPCC Joel East to Enon (002).pdf
PP-20-037 Revised 7-30-2020.pdf
http://apps.cfwnet.arg/council�acket/mc review.asp?ID=28497&councildate=l2/15/2020 3/23/2021