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HomeMy WebLinkAboutContract 61000Received Date: Feb 23, 2024 Received Time: 8:31 a.m. Developer and Project Information Cover Sheet: Developer Company Name: Eagle Mountain -Saginaw Independent School District Address, State, Zip Code: 1600 Mustang Rock Road Fort Worth, Texas 76179 Phone & Email: 817-232-0880 1 cwelch@ems-isd.net Authorized Signatory, Title: Clete Welch, Chief Operations Officer Project Name: Traffic Signal at Marine Creek Parkway and Mustang Rock Road Brief Description: Paving and Traffic Signal Project Location: Marine Creek Parkway and Mustang Rock Road/Woodbine Cliff Drive Plat Case Number: FS-17-112 Mapsco: 47F CFA Number: 22-0106 City of Fort Worth, Texas Governmental/ISD Community Facilities Agreement Rev. 1/24 Plat Name: Eagle Mountain -Saginaw ISD Middle School No. 6 Addition Council District: 4 City Project Number: 104024 I IPRC22-0050 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 1 of 15 City Contract Number: 61000 GOVERNMENTAL ENTITY/ISD COMMUNITY FACILITIES AGREEMENT This GOVERNMENTAL/ISD COMMUNITY FACILITIES AGREEMENT ("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 the Eagle Mountain -Saginaw Independent School District ("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 Traffic Signal at Marine Creek Parkway and Mustang Rock 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 required to bear a portion of the costs of municipal infrastructure by constructing the public infrastructure necessary for the Project 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, the City is not participating in the cost of the Improvements or Project; and WHEREAS, the Developer and the City desire to enter into this Agreement in connection with the collective Improvements for the Project; NOW, THEREFORE, for and in consideration of the covenants and conditions contained herein, the City and the Developer do hereby agree as follows: 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 out 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 OFFICIAL RECORD City of Fort Worth, Texas Page 2 of 15 Governmental/ISD Community Facilities Agreement CITY SECRETARY Rev. 1/24 FT. WORTH, TX connection with the work performed by the contractors. If a conflict exists 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 ❑X Exhibit B: Paving ❑ Exhibit 13-1: Storm Drain ❑ Exhibit C: Street Lights & Signs © Exhibit C-2: Traffic Signal The Location Map and Cost Estimates are also attached hereto and incorporated herein by reference. To the extent that Exhibits A, A-1, B, B-1, C, C-2 the Location Map, or the Cost Estimates conflict with the Engineering Plans, the Engineering Plans shall control. If applicable, Attachment 1 — Changes to Standard Community Facilities Agreement, Attachment 2 — Phased CFA Provisions, and Attachment 3 — Concurrent CFA Provisions, are attached hereto and incorporated herein for all purposes. 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"). City of Fort Worth, Texas Page 3 of 15 Governmental/ISD Community Facilities Agreement Rev. 1/24 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 within two (2) years of the Effective Date ("Term"). If construction of the Improvements has started during the Term, the Developer may request 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. (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. (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 this Agreement before Developer's contractors begin constructing the Improvements, Developer agrees to the following: (a) that Developer and City must execute a termination of this Agreement 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 this Agreement, including time spent by the City's inspectors at preconstruction meetings. 9. Award of Construction Contracts City of Fort Worth, Texas Page 4 of 15 Governmental/ISD Community Facilities Agreement Rev. 1/24 (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 (100%) 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 Insurance Code. (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 Certificate 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 times 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. (f) 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. 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. City of Fort Worth, Texas Page 5 of 15 Governmental/ISD Community Facilities Agreement Rev. 1/24 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 WILL REQUIRE ITS ENGINEER TO INDEMNIFY, DEFEND AND HOLD THE CITY HARMLESS FOR ANY INADEQUACIES IN THE PRELIMINARY PLANS, SPECIFICATIONS, ENGINEERING PLANS, AND COST ESTIMATES FOR THIS AGREEMENT. (b) TO THEEXTENTALLOWEDBYLAWAND WITHOUT WAIVINGANY GOVERNMENTAL IMMUNITY UNDER TEXAS LAW, CITY AND DEVELOPER WILL EACH BE RESPONSIBLE FOR THEIR OWN NEGLIGENCE. (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, INCLUDING 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' FAILURE TO COMPLETE THE WORK AND CONSTRUCT THE IMPROVEMENTS IN A GOOD AND WORKMANLIKE MANNER, FREE FROM DEFECTS, IN CONFORMANCE WITH THE CFA ORDINANCE, AND INACCORDANCE WITH ALL PLANS AND 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 City of Fort Worth, Texas Page 6 of 15 Governmental/ISD Community Facilities Agreement Rev. 1/24 construction of the Improvements, the City will reconcile the actual cost of administrative material testing 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 by the 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 will 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. 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 obtain proof from 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. 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: CITY: Development Coordination Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 With conies 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: Eagle Mountain -Saginaw Independent School District 1600 Mustang Rock Road Fort Worth, Texas 76179 Or to such other address one party may hereafter designate by notice in writing addressed and City of Fort Worth, Texas Page 7 of 15 Governmental/ISD Community Facilities Agreement Rev. 1/24 mailed or delivered to the other party hereto. 17. 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 notice 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 final 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. 18. Independent Contractor It is expressly understood and agreed that Developer and its employees, representative, agents, servants, officers, 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. 19. Applicable Law; Venue City of Fort Worth, Texas Page 8 of 15 Governmental/ISD Community Facilities Agreement Rev. 1/24 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. 20. 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. 21. Governmental Powers and Immunities. It is understood that by execution of this Agreement, that neither the City nor Developer waive or surrender any of their governmental powers or immunities. 22. Headings The paragraph headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. 23. 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. 24. 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. 25. Immigration and Nationality Act Developer shall requires that its contractors verify the identity and employment eligibility of the contractor's employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9) and ensure that no employee of the contractor performs any services that is not legally eligible to perform such services. DEVELOPER SHALL REQUIREITS CONTRACTORS TO INDEMNIFY CITYAND HOLD CITYHARMLESS FROMANYPENALTIES, LIABILITIES, OR City of Fort Worth, Texas Page 9 of 15 Governmental/ISD Community Facilities Agreement Rev. 1/24 LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY THE CONTRACTOR, THE CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. 26. 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. 27. 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. 28. 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 successor of Developer, and are not intended to create any rights, contractual or otherwise, to any other person or entity. 29. 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 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. 30. 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. 31. Counterparts This Agreement may be executed in multiple counterparts, each of which will be deemed an original, but which together will constitute one instrument. 32. Entire Agreement City of Fort Worth, Texas Page 10 of 15 Governmental/ISD Community Facilities Agreement Rev. 1/24 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 11 of 15 Governmental/ISD Community Facilities Agreement Rev. 1/24 33. Cost Summary Sheet Project Name: Traffic Signal at Marine Creek Parkway and Mustang Rock Road CFA No.: 22-0106 City Project No.: 104024 IPRC No.: 22-0050 Items Developer's Cost A. Water and Sewer Construction 1. Water Construction $ 2. Sewer Construction $ Water and Sewer Construction Total $ B. TPW Construction 1. Street $ 141,846.50 2. Storm Drain $ - 3. Street Lights Installed by Developer $ - 4. Signals $ 403,944.50 TPW Construction Cost Total $ 545,791.00 Total Construction Cost (excluding the fees): $ 545,791.00 Estimated Construction Fees: C. Construction Inspection Service Fee $78,900.00 D. Administrative Material Testing Service Fee $441.00 E. Water Testing Lab Fee $0.00 Total Estimated Construction Fees: $ 79,341.00 Financial Guarantee Options, choose one Bond = 100% Completion Aqreement = 100% / Holds Plat Cash Escrow Water/Sanitary Sewer= 125% Cash Escrow Pavinq/Storm Drain = 125% Letter of Credit = 125% Statement of Appropriated Funds (Government Entity) Amount Choice (Mark one X City of Fort Worth, Texas Page 12 of 15 Governmental/ISD Community Facilities Agreement Rev. 1/24 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 DEVELOPER Eagle Mountain -Saginaw Independent School District Dana Burghdoff (Feb 2024 CST) Dana Burghdoff Zwk Assistant City Manager Clete Welch Date: Feb 22, 2024 Chief Operations Officer Date: Feb 22, 2024 Recommended by: Approved: Dwayne Hollars (Feb 22, 202409:26 CST) Dwayne Hollars 71homas Myers Contract Compliance Specialist Thomas Myers (Feb 21, 2b2416:20 CST) Development Services Thomas E. Myers Counsel for Eagle Mountain -Saginaw ISD Approved as to Form & Legality: Richard McCracken (Feb 22, 202410:19 CST) Richard A. McCracken Sr. Assistant City Attorney Contract Compliance Manager: M&C No. N/A By signing, I acknowledge that I am the person Feb 22, 2024 responsible for the monitoring and Date: administration of this contract, including Form 1295: N/A ensuring all performance and reporting onq requirements. o l pOR. 46 ATTEST: _A ° �e ppp'F °°, °, ° *�d Rebecca Owen (Feb 22, 2024 09:27 CST) aa4C n.... XSoo'o� /J) Rebecca Diane Owen Jannette S. Goodall Development Manager City Secretary OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Page 13 of 15 Governmental/ISD Community Facilities Agreement Rev. 1/24 The following attachments are incorporated into this Agreement. To the extent a conflict exists between the main body of this Agreement and the following attachments, the language in the main body of this Agreement shall be controlling. Included Attachment © Attachment 1 - Changes to Standard Community Facilities Agreement ❑ Attachment 2 — Phased CFA Provisions ❑ Attachment 3 — Concurrent CFA Provisions © 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 ® Exhibit C-2: Traffic Signal Improvements ® Cost Estimates (Remainder of Page Intentionally Left Blank) City of Fort Worth, Texas Page 14 of 15 Governmental/ISD Community Facilities Agreement Rev. 1/24 ATTACHMENT "I" Changes to Standard Community Facilities Agreement City Project No. 104024 Negotiated changes contained in the body of the Agreement. City of Fort Worth, Texas Page 15 of 15 Governmental/ISD Community Facilities Agreement Rev. 1/24 I LAKE CREST ESTATES International Leadership0 of Texasx aginaw K-8 t MARINE CREEK HILLS Crornwell-Markle,reek Road Cromweli-Marine Creel, q,,d -i Walgreens Q 4. Saginaw Hig Goodwill Store - Saginaw a y O� By Saginaw w McL001 %�S6 c WOODBINE CLIFF DR -MARINE CREEK PKWY PROJECT LOCATION �2 Coun,ty College - Northwest-. a GREENFIELD �a - ACRES +, T u 9 1 o f Marne crer LaK,e Pa b NS S- IDGE 1igh1gh School Ktttrell Stadium Kohl's Ritchie BroS.-Auciloneers Texas Department lore Depot f` nor of Public Safety Google Planet Fitness Q CEMEX Fort Worth Cement Terminal Fuel City f Industrial Ave BAD ZL. 3daie creekQ ,,:Ales Services Amazon UTX719 rw zap Fort Worth Meacham Intl Airport Vintage Flying Museum Buck .............................................................................................................................. Eagle Mountain -Saginaw I.S.D. LOCATION MAP teague nail & perkins 1200 N Old Decatur Road Fort Worth, Texas 76179 N.T.S. 5237 N. Riverside Drive, Suite 100 Fort Worth, Texas 76137 Traffic Signal Improvements 817.336.5773 ph 817.336.2813 fx TBPE Registration No. F-230 for Marine Creek Parkway & www.tnpinccom Mustang Rock Road/Woodbine N gocMapsco Page 47F i Cliff Drive City Proj. No. CPN 104024 1 ` LEGEND CONCRETE SIDEWALK Eagle Mountain -Saginaw I.S.D. EXHIBIT B 1200 N Old Decatur Road PAVING teague nail & perkins Fort Worth, Texas 76179 5237 N. Riverside Drive, Suite 100 Traffic Signal Improvements Fort Worth, Texas 76137 g 817.336.5773 ph 817.336.2813 fx for Marine Creek Parkway & TBPE Registration No. F-230 N Mustang Rock Road/Woodbine www.tnpinc.com 0 40 Cliff Drive City Proj. No. CPN 104024 J '00 '44 G00f 0� `� LEGEND - PROPOSED TRAFFIC LIGHT PROPOSED PVUT MARKING --------------------------------------------------------------- - - - - -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- Eagle Mountain-Saginawcatur I.S.D. EXHIBIT C2 ad teague Hall & perkins Fort Worth, Texas 76179 TRAFFIC SIGNALS 5237 N. Riverside Drive, Suite 100 Traffic Signal Improvements rovements Fort Worth, Texas 76137 g p 817.336.5773 ph 817.336.2813 fx for Marine Creek Parkway & TBPE Registration No. F-230 N Mustang Rock Road/Woodbine www.tnpinc.com 0 40 Cliff Drive City Proj. No. CPN 104024 J SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID 00 42 43 DAP - Bm PROPOSAL Page 2 of 3 Project Item Information Bidders Proposal Bidlist Item No. Description Specification Section No. Unit of Measure Bid I Quantity Unit Price Bid Value UNIT VI: TRAFFIC SIGNAL IMPROVE ENTS Division 26 - Electrical 26-1 2605.0111 Furnish/Install Elec Sery Pedestal 26 05 00 EA 1 $10,564.00 2_6-2 2605.3015 2" CONDT PVC SCH 80 (T) 26 05 33 LF 90 $33.00 _$10,564.00 $2,970.00 264 2605.3016 2" CONDT PVC SCH 80 (B) 26 05 33 LF 340 $46.00 $15,640.00 26-4_ 2605.3026 3" CONDT PVC SCH 80 (T) 26 05 33 LF 100 $37.00 $3,700.00 26-5 2605.3034 4" CONDT PVC SCH 80 (B) 26 05 33 LF 340 $56.00 $19,040.00 Division 34 - Transportation 34-1 3441.1001 Furnish/Install 3-Sect Signal Head Assembly 3441 10 EA 7 $1,664.00 $11,648.00 34-2 3441.1003 Furnish/Install 5-Sect Signal Head Assembly 3441 10 EA 3 $2,596.00 $7,788.00 34-3 3441.1012 Furnish/Install Ped Signal Head Assembly 3441 10 EA 6 $845.00 $5,070.00 3441.31 Furnish/Install Audible Pedestrian Pushbutton Station 34-4 3441 10 EA 6 $1,902.00 $11,412.00 34-5 3441.1211 Furnish/Install BBU System Internal 3441 10 EA 1 $10,352.00 $10,352.00 34-6 3441.1216 Furnish/Install Hybrid Detection System 3441 10 EA 1 $43,254.00 $43,254.00 34-7 3441.1220 Furnish/Install Model 711 Preemption Detector 3441 10 EA 4 $2,567.00 $10,268.00 34-8 3441.1224 Furnish/Install Preemption Cable 3441 10 EA 685 $3.00 $2,055.00 34-9 3441.1250 Furnish/Install PTZ Camera 3441 10 EA 1 $6,583.00 $6,583.00 34-10 3441.1255 Furnish/Install Communication Modem 3441 10 EA 1 $3,288.00 $3,288.00 34-11 3441.1260 Furnish/Install CAT5 Ethernet Cable 3441 10 LF 925 $3.00 $2,775.00 34-12 3441.1311 5/C 14 AWG Multi -Conductor Cable 3441 10 LF 60 $2.80 $168.00 34-13 3441.1312 7/C 14 AWG Multi -Conductor Cable 3441 10 _ LF 505 _ $3.20 $1,616.00 34-14 3441.1315 20/C 14 AWG Multi -Conductor Cable 3441 10 LF 485 $7.80 $3,783.00 34-15 3441.1322 3/C 14 AWG Multi -Conductor Cable 3441 10 LF 580 $2.30 $1,334.00 34-16 3441.1408 NO 6 Insulated Elec Condr 3441 10 LF 30 $2.80 $84.00 34-17 3441.1410 NO 10 Insulated Elec Condr 3441 10 LF 1490 $1.55 $2,309.50 34-18 3441.1413 NO 6 Bare Elec Condr SLID 3441 10 LF 15 $2.80 $42.00 34-19 3441.1414 NO 8 Bare Elec Condr SLD 3441 10 LF 860 $2.45 $2,107.00 34-20 3441.1502 Furnish/Install Ground Box Type B, w/Apron 3441 10 EA 5 $1,448.00 $7,240.00 34-21 3441.1503 Furnish/Install Ground Box Type D, w/Apron 3441 10 EA 1 $2,164.00 $2,164.00 34-22 3441.1601 Furnish/Install 5' Pedestrian Push Button Pole 3441 10 EA 2 $1,183.00 $2,366.00 34-22 3441.1611 Furnish/Install Type 41 Signal Pole 3441 10 EA 1 $14,985.00 $14,985.00 34-23 3441.1613 Furnish/Install Type 43 Signal Pole 3441 10 EA 3 $15,744.00 $47,232.00 34-24 3441.1623 Furnish/Install Mast Arm 16' - 36' 3441 10 EA 1 $7,991.00 $7,991.00 34-25 3441.1624 Furnish/Install Mast Arm 40' - 48' 3441 10 EA 3 $10,022.00 $30,066.00 34-26 3441.1701 TY 1 Signal Foundation 3441 10 EA 2 $1,501.00 $3,002.00 34-27 3441.1703 TY 3 Signal Foundation 3441 10 EA 1 $5,477.00 $5,477.00 34-28 3441.1704 TY 4 Signal Foundation 3441 10 EA 3 $8,081.00 $24,243.00 34-29 3441.1713 Signal Cabinet Foundation - 352i 3441 10 EA 1 $6,853.00 $6,853.00 34-30 3441.1725 Furnish/Install ATC Signal Controller 3441 10 EA 1 $33,003.00 $33,003.00 34-31 3441.1741 Furnish/Install 352i Controller Cabinet Assembly 3441 10 EA 1 $6,303.00 $6,303.00 34-32 3441.1851 Remove RRFB Assembly Double Sided (Solar) 3441 10 EA 3 $2,786.00 $8,358.00 3441.3050 Furnish/Install LED Lighting Fixture (70 watt ATBO 34-33 Cobra Head) 3441 20 EA 4 $9%00 $3,836.00 34-34 3441.3501 Salvage Street Light Pole 3441 20 EA 2 $3,897.00 $7,794.00 34-35 3441.4001 Furnish/Install Alum Sign Mast Arm Mount 3441 30 EA 9 $756.00 $6,804.00 34-36 3441.4108 Remove Sign Panel and Post 3441 30 EA 2 $158.00 $316.00 34-37 3471.0001 Traffic Control 3471 13 MO 3 $2,687.00 $8,061.00 TOTAL UNIT VI: TRAFFI SIGNA _ IMPROVEMENTS $403,944.50 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 42 43_B,d Proposal DAPS-esec SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID 00 42 43 DAP - BID PROPOSAL Page 1 of 3 Project Item Information Bidder's Proposal Bidlist Specification Unit of Bid Item No. Description Section No. Measure Quantity Unit Price Bid Value UNIT IV: PAVING I PROVEME4 8 Division 01 - General Requirements E 01-1 10170.0100 Mobilization 1 01 7000 1 LS 1 1 1 $49,810.001 $49,810.00 Division 02 - Existing Conditions 02-1 Remove Concrete Pvmt 0241 15 SY 51 $162.501 02-2 10241.1000 0241.1300 Remove Conc Curb&Gutter 0241 15 I I LF 48 I I $113.00 02-3 241.0300 Remove ADA Ramp 0241 13 EA 3 $2,939.00 Division 32 - Exterior ImDrovementp 32-1 3213.0301 4" Conc Sidewalk 32 13 20 SY 46 $125.50 32-2 3213.0501 Barrier Free Ramp, Type R-1 32 13 20 EA 1 $8,721.00 32-3 3213.0506 Barrier Free Ramp, Type P-1 32 13 20 EA 4 $7,161.00 32-4 3216.0101 6" Conc Curb and Gutter 32 16 13 LF 48 $125.00 32-5 3217.0501 24" SLID Pvmt Marking HAE (W) 32 17 23 LF 80 $21.00 32-6 3217.1002 Lane Legend Arrow 32 17 23 EA 4 $250.00 32-7 3217.1004 Lane Legend Only 32 17 23 EA 4 $281.00 32-8 3217.4306 Remove 24" Pvmt Marking 32 17 23 LF 220 $3.90 32-9 9999.0000 Contrast Crosswalk Pvmt Marking 00 00 00 LF 200 $72.00 Division 33 - Utilities 1 33-1 13305.0103 Exploratory Excavation of Existing Utilities 33 05 30 1 EA 1 4 1 $327.001 TOTAL UNIT IV: PAVING IMPROVEMENTS $8,287.50 $5,424.00 $8,817.00 $5,773.00 $8,721.00 $28,644.00 $6,000.00 $1,680.00 $1,000.00 $1,124.00 $858.00 $14,400.00 $1,308.00 $141,846.50 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 42 43_Bid Proposal_DAPS-exec SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID 00 42 43 DAP - BID PROPOSAL Page 3 of 3 Project Item Information Bidders Proposal Bidlist I Description I Specification I Unit of I Bid Unit Price I Bid Value Item No. Section No. Measure Quantity Bid Summary UNIT IV: PAVING IMPROVEMENTS $141 846.50 UNIT VI: TRAFFI SIGNAL IMPROVEMENTS $403 944.50 Total Constructs $545,791.00 This Bid is submitted by the entity named below: BIDDER: Bean Electrical 821 E. Enon Avenue Fort Worth, TX 76140 Contractor agrees to complete WORK for FINAL ACCEPTANCE within CONTRACT commences to run as provided in the General Conditions. BY: Roy E. Bean 11 TITLE: VP South West Region DATE: 11/7/2023 END OF SECTION 210 working days after the date when the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECffICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 42 43_Bid Proposal_DAPS-exec