HomeMy WebLinkAboutContract 62766City of Fort Worth, Texas Page 1 of 20
Standard Community Facilities Agreement with City Participation
Received Date: _______________
Received Time: _______________
Developer and Project Information Cover Sheet:
Developer Company Name: Crescent Property Services LLC
Address, State, Zip Code: 3230 Camp Bowie Blvd, Suite 500 Fort Worth, Texas 76107
Phone & Email: 832-493-8463 | kcrum@crescent.com
Authorized Signatory, Title: Kevin Crum, Senior Vice President
Project Name: Camp Bowie Boulevard Roadway Improvements
Brief Description: Water, Sewer, Paving and Street Lights
Project Location: Camp Bowie Montgomery to University
Plat Case Number: Plat Name:
Mapsco: 75D-A Council District: 7
CFA Number: 24-0132 City Project Number: 104639 | IPRC24-0119
City of Fort Worth, Texas Page 2 of 20
Standard Community Facilities Agreement with City Participation
City Secretary Number: _______________
STANDARD COMMUNITY FACILITIES AGREEMENT
WITH CITY PARTICIPATION
This 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 Crescent Property Services LLC,
a Delaware limited liability company (“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, City and Developer desire to construct public infrastructure improvements within the
corporate limits of Fort Worth, Texas or its extraterritorial jurisdiction, for a project known as Camp Bowie
Boulevard Roadway Improvements (“Project”); and
WHEREAS, the City desires to ensure that the public infrastructure is constructed according to
City standards; and
WHEREAS, the Project includes, but is not limited to, some patching of brick within Camp Bowie
Boulevard with historic brick from the City’s stockpile, which the City will provide (asphalt areas to remain
in place), panel repair of existing concrete turn lanes and median crossings, new 6 foot to 10 foot sidewalks,
new ADA ramps, street and pedestrian lighting, enhanced landscaping, enhanced paving sections, restriping
pedestrian crossings, street markings and signage, and which are more specifically described in the
Engineering Plans (defined below) that incorporated by reference into 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
WHEREAS, the City has executed an interlocal agreement with Tarrant County, Texas (City
Secretary Contract Number 59062), for Tarrant County to reimburse the City for up to $2,690,000.00 for
the Project; and
WHEREAS, Developer has selected Westwood Professional Services, Inc. (the “Project
Engineer”) to design and provide engineering services for the Project based on demonstrated competence
and qualification to perform the engineering services for a fair and reasonable price; and
WHEREAS, City staff reviewed the scope, fee and schedule for the design of the Project and found
them to be fair and reasonable; and
WHEREAS, Developer has selected TPG The Projects Group, Inc. (the “Project Manager”) to
provide professional project management services in connection with the Project; and
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Standard Community Facilities Agreement with City Participation
WHEREAS, City staff reviewed the scope, fee and schedule for the project management services
and found them to be fair and reasonable; and
WHEREAS, the City desires to participate in this Agreement in an amount not to exceed
$13,105,115.57 as authorized by City Council through approval of M&C 24-0954 on November 12, 2024
(“City Participation”); and
WHEREAS, the City Participation includes reimbursement to Developer in amounts not to exceed
$12,898,657.00 for construction costs, and $74,592.32 for material testing costs. The remaining City
Participation in the amount of $131,866.25 shall not be paid to Developer, but will be used by the City to
pay for the City’s portion of construction inspection services fees, administrative material testing service
fees, and water lab testing fees; and
WHEREAS, pursuant to M&C 24-0135 the City Council waived IPRC design review fees for the
project and pursuant to M&C 24-0954 the City Council waived the CFA application fees for the project;
and
WHEREAS, Developer will only be responsible for construction costs that exceed
$13,105,115.57 if such costs are caused by the negligence or willful misconduct of Developer, delays
caused by Developer, a breach of this Agreement by Developer, Developer-directed scope changes, or the
Developer’s interference with the progress of the work; and
WHEREAS, the Developer and the City desire to enter into this Agreement in connection with
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 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 exists between the terms and conditions
of this Agreement and the CFA Ordinance, the CFA Ordinance shall control. The City and Developer agree
that, as used herein, the references to Developer’s contractor(s) will mean the Construction Manager at Risk
retained by Developer pursuant to Chapter 2269.251 of the Texas Government Code.
2.
Incorporation of Engineering Plans
The engineering plans for the Improvements that have been approved by the City as City Project
No. 104639 (“Engineering Plans”) are incorporated into this Agreement by reference as if fully set out
herein. Developer shall provide all engineering drawings and documents necessary to construct the
Improvements required by this Agreement, the cost of which is subject to reimbursement pursuant to the
Design Procurement and Project Management Agreement for Camp Bowie Boulevard Roadway
Improvements entered into by the City and Developer, City Secretary Contract Number 61386.
3.
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Standard Community Facilities Agreement with City Participation
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 B: Sewer
Exhibit C: Paving
Exhibit D: Storm Drain
Exhibit E: Street Lights & Signs
The Location Map and Cost Estimates are also attached hereto and incorporated herein by
reference. To the extent that Exhibits A, B, C, D, E, 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, and Attachment 4 – Business Diversity Ordinance Compliance are
attached hereto and incorporated herein for all purposes.
4.
Construction of Improvements
(a) 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 Standard City
Conditions of the Construction Contract for Developer Awarded Projects, the Project Manual, 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 contractor verifying that the contractor, 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. If: (a) Developer’s
contractor is not constructing the Improvements in accordance with the Engineering Plans; (b)
the Developer’s contractor violates federal law, state law or local law, policies, rules or
regulations in connection with the construction of the Improvements; or (c) the City determines
that coordination of the timing of the construction of adjacent utilities is necessary to avoid
having to remove and replace Improvements that Developer’s contractors are about to install,
the City may temporarily suspend the construction of the Improvements by delivering a written
notice to Developer and Developer’s contractor. The temporary suspension of the construction
of the Improvements shall only occur for the amount of time necessary for Developer’s
contractor to correct the violation or for the coordination of the utilities to be completed, and
upon any such suspension, City agrees to reimburse Developer for the City’s share of
construction costs for work properly completed through the date City suspended construction
and, once the work is resumed, for construction costs following the suspension, in accordance
with the reimbursement procedures set forth in section 37 of this Agreement.
(b) Developer shall include the following language on all public notices, web pages, and on-site
signage related to construction of the Improvements:
“This project is funded by the City of Fort Worth and the Tarrant County Commissioners
Court through the Tarrant County 2006 and 2021 Transportation Bond Programs.”
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Standard Community Facilities Agreement with City Participation
(c) Developer will publish and issue all necessary public notifications of the construction of the
Improvements, except for any required notices of public hearings. The city will review and
approve all notifications.
5.
Not Used
6.
Completion Deadline; Extension Periods
This Agreement shall be effective on the date this Agreement is executed by the City’s Assistant
City Manager, which shall occur after the date of City approval and appropriation of funding for the
Project (“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”), subject to
any delays caused by the City, force majeure events outlined in this Agreement, or delays in periodic
payments from the City. 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”). Except
for any extensions due to any delays caused by the City, force majeure events outlined in this Agreement,
or delays in periodic payments from the City which shall automatically extend the Term without any formal
amendment required, 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.
Not Used
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.
9.
Award of Construction Contracts
(a) Developer will award the contract for the construction of the Improvements and cause the
Improvements to be constructed in accordance with the CFA Ordinance.
(b) Developer’s contractor will employ subcontractors/trade contractors who meet the requirements of
the City to construct the Improvements including, but not limited, to being prequalified, insured,
licensed and bonded by the contractor as required in subsection (c) below to construct the
Improvements in the City.
(c) Developer will require Developer’s contractor 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 (subcontractors/trade
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Standard Community Facilities Agreement with City Participation
contractors are not required to bond). 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 and Developer as dual obligees, 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 will be in a form mutually agreed by City and Developer. The bonds
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 contractor 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.
(e) Developer will require the Developer’s contractor to give forty-eight (48) hours’ advance notice of
its 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
contractor 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 contractor 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 contractor 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 contractor 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 contractor is paid the City’s wage rates in effect during construction of
the Improvements.
(i) In all situations where Developer (or its Contractor) must seek City approval or confirmation of
items related to the Work or the Project, such as responding to Requests for Information (RFIs) or
reviewing and approving change orders, the City agrees to provide a complete and substantive
response as soon as reasonably possible, not to exceed ten (10) business days. For purposes of this
subsection a “complete and substantive” response shall mean that the City answers all questions
asks, proffers a potential response to the situation posed, or reviews and responds with approval or
identifies all deficiencies in documents submitted. Additionally, for purposes of this subsection,
the term “business day” shall mean any day the City is open for business, excluding Saturdays,
Sundays or days the City offices are closed for a holiday.
10.
Utilities
Developer shall coordinate with franchise utility companies to relocate existing utilities that would
be materially and adversely impacted by the Improvements, but only to the extent that such relocations are
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Standard Community Facilities Agreement with City Participation
required because of the construction of the Improvements. The City will provide Developer with written
assistance to obtain approvals from franchise utility companies if necessary. Developer will use
commercially reasonable efforts to obtain necessary letters of no objection from impacted franchise utility
companies in lieu of franchise utility relocations where the City has a legal right to place public
infrastructure over and across the franchise utilities’ infrastructure; provided, however, that if letters of no
object are not provided by the franchise utilities, the City may elect to waive the requirement to provide the
letters of no objection in order to avoid delays in the construction start date.
11.
Easements and Rights-of-Way
Developer agrees to obtain all necessary rights-of-way and easements, including temporary
construction easements, required for the construction and dedication to the City of the Improvements
provided for by this Agreement. Developer will coordinate with any property owners as is necessary to
obtain such additional right-of-way or easements, provided that the City understands and agrees that
Developer has no control over other property owners and cannot guarantee their participation. City will
assist Developer with any stakeholder meetings. Developer shall obtain City’s approval of all easement
costs and the form of all easement documents prior to the easements being executed. Easements shall be
in the form of the City’s standard easement template documents.
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 THIS AGREEMENT TO THE EXTENT ANY
ASSOCIATED LOSSES, COSTS, OR EXPENSES ARE CAUSED BY THE NEGLIGENCE OF
DEVELOPER, ITS CONTRACTOR, ITS PROJECT ENGINEER, OR ANY
SUBCONTRACTORS OR SUBCONSULTANTS RETAINED BY ANY OF THEM.
(b) THE DEVELOPER COVENANTS AND AGREES TO, AND BY THESE PRESENTS DOES
HEREBY FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS
OFFICERS, AGENTS AND EMPLOYEES FROM ALL SUITS, ACTIONS OR CLAIMS OF
ANY CHARACTER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ON ACCOUNT
OF ANY INJURIES OR DAMAGES SUSTAINED BY ANY PERSONS, INCLUDING DEATH,
OR TO ANY PROPERTY, RESULTING FROM OR IN CONNECTION WITH THE
CONSTRUCTION, DESIGN, PERFORMANCE OR COMPLETION OF ANY WORK TO BE
PERFORMED BY SAID DEVELOPER, ITS CONTRACTORS, SUBCONTRACTORS,
OFFICERS, AGENTS OR EMPLOYEES, OR IN CONSEQUENCE OF ANY FAILURE TO
PROPERLY SAFEGUARD THE WORK, OR ON ACCOUNT OF ANY ACT, INTENTIONAL
OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID DEVELOPER, ITS
CONTRACTORS, SUB-CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, BUT
ONLY TO THE EXTENT SUCH SUITS, ACTIONS, CLAIMS, INJURIES, DEATH, OR
DAMAGES ARE CAUSED BY THE NEGLIGENCE OF DEVELOPER, ITS CONTRACTOR,
ITS PROJECT ENGINEER, OR ANY SUBCONTRACTORS OR SUBCONSULTANTS
RETAINED BY ANY OF THEM.
(c) DEVELOPER WILL REQUIRE ITS CONTRACTOR 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
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Standard Community Facilities Agreement with City Participation
NATURE WHATSOEVER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ON
ACCOUNT OF ANY INJURIES OR DAMAGES TO PERSONS OR PROPERTY,
INCLUDING DEATH, RESULTING FROM, OR IN ANY WAY CONNECTED WITH, THE
CONSTRUCTION OF THE 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 DEFECTIVE WORK (ACKNOWLEDGING CONTRACTOR’S
OBLIGATIONS UNDER THE MAINTENANCE BOND), IN CONFORMANCE WITH THE
CFA ORDINANCE, AND IN ACCORDANCE 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 contract entered into by Developer with its contractor,
along with an assignment of all warranties given by the contractor, whether express or implied. Further,
Developer agrees that all contracts with any contractor shall include provisions granting to the City the right
to enforce such contracts as an express intended third party beneficiary of such contracts.
14.
[Intentionally Omitted]
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 DEVELOPER
Development Coordination Office Crescent Property Services LLC
City of Fort Worth 3230 Camp Bowie Blvd., Suite 500
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Standard Community Facilities Agreement with City Participation
100 Fort Worth Trail Fort Worth, TX 76107
Fort Worth, Texas 76102 Email:
kcrum@crescent.com
With copies to: Attn: Kevin Crum
City Attorney's Office With Copy to:
City of Fort Worth
100 Fort Worth Trail Crescent Real Estate LLC
Fort Worth, Texas 76102 3230 Camp Bowie Blvd., Suite 500
Fort Worth, TX 76107
And Email: legal@crescent.com
Attention: Legal Department
City Manager’s Office
City of Fort Worth
100 Fort Worth Trail
Fort Worth, Texas 76102
Or to such other address one party may hereafter designate by notice in writing addressed and
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 contractor 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 contractor 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,
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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
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, the City does not waive or surrender
any of its 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.
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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.
Prohibition on Boycotting Israel
Developer acknowledges that in accordance with Chapter 2271 of the Texas Government Code,
the City is prohibited from entering into a contract with a company with 10 or more full-time employees
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 Israel; and (2) will not boycott Israel during the term of the contract. The terms “boycott Israel”
and “company” has the meanings ascribed to those terms by Chapter 2271 of the Texas Government Code.
To the extent that Chapter 2271 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.
26.
Prohibition on Boycotting Energy Companies
Developer acknowledges that in accordance with Chapter 2276 of the Texas Government Code,
the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or
more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-
time employees unless the contract contains a written verification from the company that it: (1) does not
boycott energy companies; and (2) will not boycott energy companies during the term of the contract. To
the extent that Chapter 2276 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 energy companies; and (2) will not boycott energy companies during the
term of this Agreement.
27.
Prohibition on Discrimination Against Firearm and Ammunition Industries
Developer acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code the City is prohibited from entering into a contract for goods or services that has a value
of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with
10 or more full-time employees unless the contract contains a written verification from the company that
it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or
firearm trade association; and (2) will not discriminate during the term of the contract against a firearm
entity or firearm trade association. To the extent that Chapter 2274 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 have a practice, policy, guidance, or directive
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Standard Community Facilities Agreement with City Participation
that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against
a firearm entity or firearm trade association during the term of this Agreement.
28.
Compliance with Public Information Act Requests
The requirements of Subchapter J, Chapter 552, Government Code, may apply to this
Agreement and Developer agrees that the Agreement can be terminated if Developer knowingly or
intentionally fails to comply with a requirement of that subchapter. Developer acknowledges that
section 552.371 of the Texas Government Code applies to this Agreement if: (1) this Agreement has a stated
expenditure of at least $1 million in public funds for the purchase of good or services by the City; or (2)
this Agreement results in the expenditure of at least $1 million in public funds for the purchase of goods or
services by the City in a fiscal year of the City. To the extent that section 552.371 of the Texas Government
Code applies to this Agreement, Developer shall comply with section 552.372 of the Texas Government
Code by: (1) preserving all contracting information relating to this Agreement as provided by the records
retention requirements applicable to the City for the duration of the Agreement; (2) promptly providing the
City any contracting information related to this Agreement that is in the custody or possession of Developer
on request of the City; and (3) on completion of the Agreement, either (a) providing at no cost to the City
all contracting information related to the Agreement that is in the custody or possession of Developer; or
(b) preserving the contracting information relating to the Agreement as provided by the retention
requirements application to the City.
29.
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 OR
DEVELOPER’S EMPLOYEES. City, upon written notice to Developer, shall have the right to
immediately terminate this Agreement for violations of this provision by Developer.
30.
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.
31.
Assignment and Successors
Developer shall not assign all or any part of its rights, privileges, or duties under this Agreement
without the prior written consent of City, except that Developer may freely assign any of its rights,
privileges, or duties under this Agreement to any parent, subsidiary, or affiliated entity without the prior
written consent of the City. Any attempted assignment without the City’s prior written approval shall be
void and constitute a breach of this Agreement.
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32.
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.
33.
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 contractors, then Developer shall immediately desist
from and correct such violation (or, to the extent the violation is by Developer’s contractors, will direct the
contractor to desist from and correct the violation).
34.
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.
35.
Counterparts
This Agreement may be executed in multiple counterparts, each of which will be deemed an
original, but which together will constitute one instrument.
36.
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.
37.
City Participation; Fiscal Funding Limitation; Change Orders
(a) The City shall reimburse Developer in amounts not to exceed $12,898,657.00 for construction
costs, and $74,592.32 for material testing costs. The remaining City Participation in the amount of
$131,866.25 shall not be paid to Developer, but will be used by the City to pay for the City’s portion
of construction inspection services fees, administrative material testing service fees, and water lab
testing fees.
(b) Developer shall verify that each application for payment is due and payable under the contracts
between Developer and its contractor and that any Improvements that are the subject of applications
City of Fort Worth, Texas Page 14 of 20
Standard Community Facilities Agreement with City Participation
for payment have been constructed to the point represented in the application for payment.
Developer shall submit payment requests to the City, in the form of an invoice, no more frequently
than one time per month to obtain reimbursement of the City Participation (each a “Payment
Request”). Each Payment Request shall be delivered to the City through the City’s Trimble
software system. Each Payment Request submitted by Developer shall be accompanied with proof
that: (1) Developer has received an invoice from the contractor/engineer/consultant for the amount
included in the Payment Request; and (2) for Developer’s contractor, an affidavit and lien release
from the contractor indicating that Developer has paid the contractor in full for the amount included
in each prior Payment Request and the contractor has paid all direct subcontractors and material
suppliers in full for amounts included in each prior Payment Request. City shall pay all Payment
Requests that are not disputed within 30 days of receipt of the Payment Request. City shall
withhold retainage in the amount of 5% of construction costs invoiced by the Developer’s
contractor, except that no retainage shall be withheld on contractor’s fee or general conditions costs.
Developer must register as a vendor of the City in order for the City Participation to be paid to
Developer.
(c) All construction costs that exceed $13,105,115.57 shall be paid by Developer if such costs are
caused by the negligence or willful misconduct of Developer, delays caused by Developer, a
breach of this Agreement by Developer, Developer-directed scope changes, or the Developer’s
interference with the progress of the work.
(d) Notwithstanding any statement to the contrary herein, the City’s obligation to pay the
Reimbursement to Developer shall survive the expiration of the Term (including any Extension
Period(s)) until the Reimbursement due and owing to Developer is paid in full.
(e) Substantial completion of the Improvements shall occur after Developer’s contractors notify the
City that the Improvements are constructed and ready for their intended use, the City and
Developer’s contractors inspect the Improvements, and the City concurs that the Improvements are
substantially complete, which concurrence shall not be unreasonably withheld, conditioned or
delayed. Any retainage withheld from the City Participation will be released and paid to Developer
within thirty-five days of final completion (as defined in the construction contract for the
Improvements) of the Improvements.
(f) The funds in this Agreement that have been identified as owner allowances and construction
contingency shall not be used or paid to Developer by the City until a written change order has
been executed by the City, Developer and the Contractor. Such change order shall not require the
approval of the City Council.
38.
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 15% of hard costs incurred during construction 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 by incorporating this requirement into its construction contract. 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
City of Fort Worth, Texas Page 15 of 20
Standard Community Facilities Agreement with City Participation
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 contractor to comply with the Diversity
Enterprise Ordinance and the 15% goal for the City Participation in the Improvements for this Agreement
as set forth in Attachment 4.
39.
Project Management
Developer has hired a firm to provide professional project management services. The project
management firm shall provide a customary scope of project management services for management of the
design, the public bidding process (by published City standards and state law requirements), and the
construction of the Improvements. All costs of the professional project management services provided by
the firm retained by Developer will be reimbursed by the City in accordance with the Design Procurement
and Project Management Agreement between Developer and City. City will not reimburse Developer for
any project management performed by Developer.
40.
Force Majeure
If either Party is unable, either in whole or part, to fulfill its obligations under this Agreement due
to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; wars; blockades;
insurrections; riots; pandemics, epidemics; public health crises; earthquakes; fires; floods; restraints or
prohibitions by any court, board, department, commission, or agency of the United States or of any state;
declaration of a state of disaster or of emergency by the federal, state, county, or City government in
accordance with applicable law; issuance of a Level Orange or Level Red Alert by the United States
Department of Homeland Security; any arrests and restraints; civil disturbances; or explosions; or some
other reason beyond the Party’s reasonable control (collectively, “Force Majeure Event”), the obligations
so affected by such Force Majeure Event will be suspended only during the continuance of such event.
41.
Pre-Construction Costs and Contingency Funds
Developer has informed the City of pre-construction costs ($101,736.00 in CMAR preconstruction
costs and $16,385.68 in material testing costs) that were incurred but inadvertently not included in the M&C
approved by the City Council on November 12, 2024. In addition, in order to avoid delays in processing
payments related to change orders during the construction of the Improvements, Developer has requested
that the CFA be amended to add the additional funds appropriated for the project in the amount of
$863,026.75 that are not included in the CFA as Developer contingency funds. City staff have agreed to
submit an M&C to City Council requesting an amendment to the CFA to include these items. By executing
this CFA, the City makes no promises or guarantees that the City Council will approve the foregoing. If
the City Council approves the foregoing, the City agrees to amend the CFA to add these additional costs
and contingency funds. Developer understands and agrees that any Developer contingency funds that are
included in the CFA cannot be used until a change order is approved by the City.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
City of Fort Worth, Texas Page 16 of 20
Standard Community Facilities Agreement with City Participation
42.
Cost Summary Sheet
Project Name: Camp Bowie Boulevard Roadway Improvements
CFA No. 24-0132 IPRC No. 24-0119 City Project No.: 104639
Items Developer's Cost TPW Cost Water Cost Total Cost
GW -$ 48,074.00$ -$ 48,074.00$
WC #1-Earthwork & Demo -$ 1,452,399.00$ 113,000.00$ 1,565,399.00$
WC #2- Concrete Paving & Flatwork -$ 1,924,128.00$ 300,000.00$ 2,224,128.00$
WC #3-Colored & Stamped Concrete -$ 476,904.00$ 65,385.00$ 542,289.00$
WC #4- Electrical & Lighting -$ 1,350,000.00$ -$ 1,350,000.00$
WC #5- Landscaping & Irrigation -$ 400,622.00$ 5,872.00$ 406,494.00$
WC #6- Traffic Control -$ 233,367.00$ -$ 233,367.00$
WC #7- Brick Pavers -$ 393,303.00$ 164,000.00$ 557,303.00$
WC #8- Underground Utilities -$ -$ 2,021,088.00$ 2,021,088.00$
M1-General Conditions -$ 1,203,831.00$ 521,736.00$ 1,725,567.00$
M2- CCIP Builder's Risk Insurance -$ 168,428.00$ 71,799.00$ 240,227.00$
M3- Fee -$ 608,259.00$ 259,399.00$ 867,658.00$
M4- McCarthy Performance & Payment Bond -$ 73,105.00$ 29,736.00$ 102,841.00$
M5- Construction contingency -$ 336,621.00$ 177,601.00$ 514,222.00$
M6- Owner Allowances -$ 500,000.00$ -$ 500,000.00$
Total Construction Cost (excluding the fees): -$ 9,169,041.00$ 3,729,616.00$ 12,898,657.00$
Estimated Construction Fees:
A. Construction Inspection Service Fee -$ 105,300.00$ 19,237.50$ 124,537.50$
B. Administrative Material Testing Service Fee -$ 5,512.00$ 1,378.00$ 6,890.00$
C. Water Testing Lab Fee -$ -$ 438.75$ 438.75$
D. Material Testing Cost* -$ -$ 74,592.32$ 74,592.32$
Total Estimated Construction Fees: -$ 110,812.00$ 95,646.57$ 206,458.57$
TOTAL PROJECT COST -$ 9,279,853.00$ 3,825,262.57$ 13,105,115.57$
Notes:
*Material Testing Costs are based on estimates.
**Construction contingency and owner allowances will only be paid to Developer if used.
City of Fort Worth, Texas Page 17 of 20
Standard Community Facilities Agreement with City Participation
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: __________________
Recommended by:
Dwayne Hollars
Contract Compliance Specialist
Development Services Department
Approved as to Form & Legality:
Richard A. McCracken
Sr. Assistant City Attorney
M&C No. 24-0954
Date: 11/12/24
Form 1295: 2024-1227824
ATTEST:
Jannette Goodall
City Secretary
CRESCENT PROPERTY SERVICES LLC,
a Delaware limited liability company
Name: Kevin Crum
Title: Senior Vice President
Date:
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.
Rebecca Diane Owen
Development Manager
City of Fort Worth, Texas Page 18 of 20
Standard Community Facilities Agreement with City Participation
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
Attachment 4 – Business Diversity Ordinance Compliance
Location Map
Exhibit A: Water Improvements
Exhibit B: Sewer Improvements
Exhibit C: Paving Improvements
Exhibit D: Storm Drain Improvements
Exhibit E: Street Lights and Signs Improvements
Cost Estimates
(Remainder of Page Intentionally Left Blank)
City of Fort Worth, Texas Page 19 of 20
Standard Community Facilities Agreement with City Participation
ATTACHMENT 1
Changes to Standard Community Facilities Agreement
City Project No. 104639
Negotiated changes are contained in the body of the Agreement.
City of Fort Worth, Texas Page 20 of 20
Standard Community Facilities Agreement with City Participation
ATTACHMENT 4
Business Diversity Ordinance Compliance
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MtCARTHY FRONT ENDS
Wednesday, August 21, 2024
END OF SECTION
COMPETITIVE SEALED PROPOSAL FORM
CAMP BOWIE BOULEVARD
CONTRACT N0. 105654
�ate 9/10/2024
Required by All Proposers: Initials
5% Bid Bond included (if proposal amount is over $100,000) n/a
Bid Bond is signed and sealed by the proposer n/a
Completed McCarthy online Subcontractor Prequalification within the last 12 months n/a
Acknowledge Addendums (Signed Addendum Form(s) Attached) RM
Complete Company Safety Record History, Schedule/Planning, and RM
Qualifications/Experience/References
Signed Proposal Form RM
Acknowledge Acceptance of McCarthy Front End Documents RM
Acknowledge Acceptance of Additional Subcontractor Conditions RM
Acknowledge Acceptance of Subcontract Terms and Conditions RM
Contractor is familiar with existing conditions / has visited site RM
Acknowledge Acceptance of Owner Contract Documents and Specifications RM
Acknowledge acceptance and compliance with Exhibit 6 insurance requirements included in sample RM
contract
Acknowledge price includes use of Federal Wage Determination RM
Completion of Contractor Compliance to Worker's Compensation Law Form RM
Proposal of * McCarthy Building Companies, Ir1C. (hereinafter called "Proposer")
a** corporation organized and existing under the laws
of the State of MISSOUI'I
* Insert name of firm.
** Insert corporation, partnership, or individual, as applicable.
T0:
McCarthy Building Companies, Inc.
Construction Manager at Risk
3400 N. Central Expressway, Suite 500
Richardson, TX 75082
(972) 991-5500
Attention: Ricardo Morales
Front Ends 06-11-2024 Rev.
MtCARTHY FRONT ENDS
Proposers:
The Proposer, in compliance with the Invitation for Proposals for the construction of: CAMP BOWIE BOULEVARD
CONTRACT NO. 105654 having examined the Contract Documents entitled, Issue for Construction and other related
documents and being familiar with the site of the proposed work, and with all of the conditions surrounding the
construction of the proposed project including the availability of materials and labor, and the progress of work to date,
if any, hereby proposes to furnish all labor, materials, tools, equipment, machinery, equipment rental, transportation,
superintendence, perform all work, provide all services, and to construct all work in accordance with the Contract
Documents set forth herein, and at the prices stated below. These prices are to cover all expenses incurred in
performing the work required.
After Proposals are received, tabulated, and evaluated by McCarthy, said Proposer agrees to meet with McCarthy for
the purpose of determining any duplication, omissions, or mutually agreed proposal adjustments. For these meetings,
the proposer agrees to provide a complete, detailed cost breakdown; a list of all sub-subcontractors proposed for use
in the work; and a list of all items, materials and their manufacturers proposed for use in the work.
The Proposer, if awarded a Subcontract, agrees to commence work and to fully complete its work in accordance with a
schedule to be established in collaboration with McCarthy under the provisions of the Additional Subcontractor
Conditions of the Specifications.
The Proposer acknowledges receipt of the following Addenda:
No. � dated $�30/2024
No. 2 dated 9/06/2024.
No. dated
No. dated
No. dated
No. ___ dated
No. ___ dated
Front Ends 06-11-2024 Rev.
MtCARTHY FRONT ENDS
COMPETITIVE SEALED PROPOSAL
CAMP BOWIE BOULEVARD
CONTRACT N0. 105654
�ate 9/10/2024
LUMP SUM PROPOSAL:
Work Cate�ory 1— Earthwork & Demolition
Proposer agrees to perform the specific work package they propose on as described in the Contract Documents,
including full insurance coverage required per documents, for the Lump Sum of;
One million five hundred seventv one thousand three hundred nintev nine nni i nRt
�$1,571,399
All costs above include the cost of Maintenance Bonds but exclude the cost for "Performance Bond" and "Labor &
Material Payment Bond". (Please provide your company's bond rate for our reference. N�A %)
Please provide ADD ALTERNATE cost of traditional General Liability, Excess Liability, and Workers Compensation
Insurance in the event a CCIP is not utilized: Elghte2n thOUSalld thee hulldl'2d fOul" DOLLARS
�$ 18,304.00 __�
All applicable taxes, except sales and use taxes on materials and equipment which are affixed and made a part of the
real estate of the project are included in the above Base Proposal. Proposer agrees that this Proposal shall be good and
may not be withdrawn unless McCarthy does not send Proposer a Subcontract within one hundred twenty (120)
calendar days after the opening date of Competitive Sealed Proposals.
Alternates
BID ITEM DESCRIPTION UNIT UNIT PRICE
1 LIME SUBGRADE STABILIZATION SY $ 35.05
2 CEMENTSUBGRADESTABILIZATION SY 552.91
Disclaimer
This proposal reflects pricing that has been reviewed and scoped during the
preconstruction phase. For detailed information regarding final values, please reference the
Front Ends GMP Pricing Breakdown. All pricing and scope are subject to verification and final
agreement as outlined in the GMP documentation.
06-11-2024 Rev.
MtCARTHY FRONT ENDS
COMPETITIVE SEALED PROPOSAL
CAMP BOWIE BOULEVARD
CONTRACT N0. 105654
�ate 9/10/2024
LUMP SUM PROPOSAL:
Work Cate�ory 2— Concrete Pavin� and Flatwork
Proposer agrees to perform the specific work package they propose on as described in the Contract Documents,
including full insurance coverage required per documents, for the Lump Sum of;
Two million two hundred twenty four thousand one hundred twent�qht �o��aRs(S
2.224.128 )
All costs above include the cost of Maintenance Bonds but exclude the cost for "Performance Bond" and "Labor &
Material Payment Bond". (Please provide your company's bond rate for our reference. N�A _%)
Please provide ADD ALTERNATE cost of traditional General Liability, Excess Liability, and Workers Compensation
insurance �n tne e�ent a caP �s not ut�i�Zea: Twenty five thousand nine hundred seven DOLLARS
(S 25,907.00___)
All applicable taxes, except sales and use taxes on materials and equipment which are affixed and made a part of the
real estate of the project are included in the above Base Proposal. Proposer agrees that this Proposal shall be good and
may not be withdrawn unless McCarthy does not send Proposer a Subcontract within one hundred twenty (120)
calendar days after the opening date of the Competitive Sealed Proposals.
The Proposer further agrees that the project is to be paid as a lump sum for the work shown in the contract documents
and that if the quantities of work shall change at the discretion of the Owner, the Base Proposal will be adjusted by an
amount equal to the net difference of quantities multiplied by the below listed Unit Prices.
The Unit Prices shall be based upon the specified materials and methods of installation.
The Unit Prices shall include the necessary labor, equipment, materials, supervision, overhead, bond, profit, and other
general expenses to fabricate and install in place unless noted otherwise in the unit price description.
Alternates
BID ITEM DESCRIPTION UNIT UNIT PRICE
1 MANHOLE ADJUSTMENT, MAJOR EA $ G,7O9.00
2 MANHOLE ADJUSTMENT, MINOR EA $ G,7O9.00
3 MANHOLE COLLAR EA $ $34.00
4 METER BOX ADJUSTMENT EA $ 960.00
5 VALVE COVER AND CAN ADJUSTMENT EA $ �,9H6.00
Disclaimer
This proposal reflects pricing that has been reviewed and scoped during the
preconstruction phase. For detailed information regarding final values, please reference the
Front Ends GMP Pricing Breakdown. All pricing and scope are subject to verification and final
agreement as outlined in the GMP documentation.
06-11-2024 Rev.
09/10/24
Five Hundred Thirty Two Thousand One Hundred
532,100.000
2.0
Four Thousand Eight Hundred Fifty Six
4,856.00
McCARTHY FRONT ENDS
COMPETITIVE SEALED PROPOSAL
CAMP BOWIE BOULEVARD
CONTRACT NO. 105654
�ate 10/21/2024
LUMP SUM PROPOSAL:
Work Cate�ory 4— Electrical and Li�htin�
Proposer agrees to perform the specific work package they propose on as described in the Contract Documents,
including full insurance coverage required per documents, for the Lump Sum of;
One Million Two Hundred Nine Thousand Three Hundred Eighty Three Dollars and Seventv Five Cents
( $1,209,383.75 )
All costs above include the cost of Maintenance Bonds but exclude the cost for "Performance Bond" and "Labor &
Material Payment Bond". (Please provide your company's bond rate for our reference. 1.5 %)
Please provide ADD ALTERNATE cost of traditional General Liability, Excess Liability, and Workers Compensation
Insurance in the event a CCIP is not utilized: Twelve Thousand Two Hundred Dollars and Zero Cents
($ 12,200.00 )
All applicable taxes, except sales and use taxes on materials and equipment which are affixed and made a part of the
real estate of the project are included in the above Base Proposal. Proposer agrees that this Proposal shall be good and
may not be withdrawn unless McCarthy does not send Proposer a Subcontract within one hundred twenty (120)
calendar days after the opening date of the Competitive Sealed Proposals.
Alternate
BID ITEM DESCRIPTION UNIT UNIT PRICE
1 SPREAD FOOTING (18' TALL POLE) EA $ 2,854.00
2 TRAFFIC SIGNAL CHANGES PER INCLUSION 3 LS $ 32,766.00
Disclaimer
This proposal reflects pricing that has been reviewed and scoped during the
preconstruction phase. For detailed information regarding final values, please reference the
Front Ends GMP Pricing Breakdown. All pricing and scope are subject to verification and final
agreement as outlined in the GMP documentation.
06-11-2024 Rev.
McCARTHY FRONT ENDS
Front Ends 06-11-2024 Rev.
COMPETITIVE SEALEDPROPOSAL
CAMPBOWIEBOULEVARD
CONTRACT NO. 105654
Date
LUMP SUM PROPOSAL:
Work Category 5 – Landscape and Irrigation
Proposer agrees to perform the specific work package they propose on as described in the Contract Documents,
including full insurance coverage required per documents, for the Lump Sum of;
DOLLARS($
)
All costs above include the cost of Maintenance Bonds but exclude the cost for “Performance Bond” and “Labor &
Material Payment Bond”. (Please provide your company’s bond rate for our reference. %)
Please provide ADD ALTERNATE cost of traditional General Liability, Excess Liability, and Workers Compensation
Insurance in the event a CCIP is not utilized: DOLLARS
($ )
All applicable taxes, except sales and use taxes on materials and equipment which are affixed and made a part of the
real estate of the project are included in the above Base Proposal. Proposer agrees that this Proposal shall be good and
may not be withdrawn unless McCarthy does not send Proposer a Subcontract within one hundred twenty (120)
calendar days after the opening date of the Competitive Sealed Proposals.
The Proposer further agrees that the project is to be paid as a lump sum for the work shown in the contract documents
and that if the quantities of work shall change at the discretion of the Owner, the Base Proposal will be adjusted by an
amount equal to the net difference of quantities multiplied by the below listed Unit Prices.
The Unit Prices shall be based upon the specified materials and methods of installation.
The Unit Prices shall include the necessary labor, equipment, materials, supervision, overhead, bond, profit, and other
general expenses to fabricate and install in place unless noted otherwise in the unit price description.
Alternate
BIDITEM DESCRIPTION UNIT
UNIT
PRICE
1 CYNODONDACTYLON BERMUDA SOD SY $
2 CYNODONDACTYLON BERMUDA SEED SY $
09/10/2024
Three hundred ninety-five thousand four hundred eighty-eight
$395,488.00
1.12%
Two hundred ninety-one
291.00
7.65
2.25
MtCARTHY FRONT ENDS
COMPETITIVE SEALED PROPOSAL
CAMP BOWIE BOULEVARD
CONTRACT N0. 105654
�ate 9/10/2024
LUMP SUM PROPOSAL:
Work Cate�ory 6 —Traffic Control
Proposer agrees to perform the specific work package they propose on as described in the Contract Documents,
including full insurance coverage required per documents, for the Lump Sum of;
Two hundred thirty three thousand three hundred sixty seven DOLLARS($
233,367 )
All costs above include the cost of Maintenance Bonds but exclude the cost for "Performance Bond" and "Labor &
Material Payment Bond". (Please provide your company's bond rate for our reference. N/A _%)
Please provide ADD ALTERNATE cost of traditional General Liability, Excess Liability, and Workers Compensation
Insurance in the event a CCIP is not utilized: TWO thOUSalld SeV21l hulldl"2d elqhte2ll DOLLARS
(S 2,718.00 __)
All applicable taxes, except sales and use taxes on materials and equipment which are affixed and made a part of the
real estate of the project are included in the above Base Proposal. Proposer agrees that this Proposal shall be good and
may not be withdrawn unless McCarthy does not send Proposer a Subcontract within one hundred twenty (120)
calendar days after the opening date of the Competitive Sealed Proposals.
Disclaimer
This proposal reflects pricing that has been reviewed and scoped during the
preconstruction phase. For detailed information regarding final values, please reference the
Front Ends GMP Pricing Breakdown. All pricing and scope are subject to verification and final
agreement as outlined in the GMP documentation.
06-11-2024 Rev.
McCARTHY FRONT ENDS
COMPETITIVE SEALED PROPOSAL
CAMPBOWIEBOULEVARD
CONTRACT NO. 105654
Date
LUMP SUM PROPOSAL:
Work Category 7 –Brick Pavers
Proposer agrees to perform the specific work package they propose on as described in the Contract Documents,
Front Ends 06-11-2024 Rev.
including full insurance coverage required per documents, for the Lump Sum of;
DOLLARS($
)
All costs above include the cost of Maintenance Bonds but exclude the cost for “Performance Bond” and “Labor &
Material Payment Bond”. (Please provide your company’s bond rate for our reference. %)
Please provide ADD ALTERNATE cost of traditional General Liability, Excess Liability, and Workers Compensation
Insurance in the event a CCIP is not utilized: DOLLARS
($ )
All applicable taxes, except sales and use taxes on materials and equipment which are affixed and made a part of the
real estate of the project are included in the above Base Proposal. Proposer agrees that this Proposal shall be good and
may not be withdrawn unless McCarthy does not send Proposer a Subcontract within one hundred twenty (120)
calendar days after the opening date of the Competitive Sealed Proposals.
Alternates
BIDITEM DESCRIPTION UNIT UNIT PRICE
1 BRICKREMOVALANDDISPOSAL W/ASPHALT OVERLAY SY $
09/10/2024
Five hundred sixty-nine thousand seven hundred eighty-two dollars
$569,782.00
1.24%
1,658.00
One thousand six hundred fifty-eight dollars
9/10/24
2
$1,981,459.00
One Million Nine Hundred Eighty One Four Hundred Fifty Nine Thousand
17,549.00
Seventeen Thousand five hundred fourty nine
1979
1580.00
.00
2617.00
MtCARTHY FRONT ENDS
EACH WORK CATEGORY INCLUDES, BUT IS NOT LIMITED TO, THE FOLLOWING:
1. All Contractors shall be responsible for visiting and becoming familiar with existing project site
conditions prior to submission of a Proposal.
2. All Contractors will take necessary measures to protect bricks that remain in place. Any damage that
results during completion of work will be replaced at the cost of the responsible Contractor.
3. All Project Coordination between subcontractors will go through the CMAR, including all handoff
meetings.
4. Once Scope of work is completed the CMAR shall be notified. Once notification has been received,
the CMAR will coordinate a handoff ineeting between the Contractor completing the work and the
Contractor taking over. Formal handoff documentation will be provided by the CMAR detailing
Stationing, offsets, descriptions, date of completion, and any additional information the CMAR may
see fit. If for any reason work is not accepted, reasoning as to why shall be provided. However, if
completed work meets City of Fort Worth Specification and Contract Documents, the
Contractor/CMAR taking over will be required to accept the work.
5. Performance and Payment Bonds will be required.
6. Provide professional liability insurance coverage for all work categories where the Specifications
require design and/or performance related criteria.
7. Acknowledge the existence of multiple ROW Owners including but not limited to City of Fort Worth
(COFW), private parties, etc. Any laydown or other access required by subcontractor to be arranged
directly with private parties. Notify CMAR of any such agreements and provide agreement
documentation.
8. Acknowledge geotechnical report included in the Contract Documents.
9. Pricing will be firm for the duration of the Project. Any anticipated escalation shall be included in
pricing.
10. All hoisting operations shall utilize well compacted subgrade verified by independent testing
laboratory. All costs for crane pad tests and stabilization shall be borne by the individual contractor
utilizing cranes in their work operations.
11. Contractors/Vendors shall take field dimensions prior to ordering materials.
12. Quantities provided on the Contract Documents shall be verified by the Contractor prior to proposal
submission. The Proposer shall notify the CMAR in writing of any quantity discrepancies noted in the
contract documents beyond reason prior to bid submission. The Proposer further agrees that the
project is to be paid as a lump sum for the work shown in the contract documents.
13. Provide multiple mobilizations as required, unless a specific number of mobilizations are otherwise
identified in the detailed scope of work noted below for a specific Work Category.
14. A project specific Traffic Control Plan and signage will be maintained by the Work Category #7 Traffic
Control for overall traffic control during this scope of work. Proposers shall include within their
pricing any scope specific traffic control plans and barricades as required that might deviate from
the project specific traffic control plan maintained by the Work Category #7 Traffic Control. This
includes any scope-specific activities and should be included regardless of phasing or originally
provided schedule. Proposers shall include traffic control plans per TMUTCD unless detailed in the
contract documents as necessary to perform work outside of the detailed traffic control plans shown
in the Contract Drawings. This shall include the necessary two-weeks for review by the City of Fort
Worth and any flaggers, and traffic control devices including but not limited to signs, portable
changeable message signs, arrow boards, attenuator trucks, barricades, drums, cones, and
construction barrier to perform the scope of work.
15. SWPPP to be provided by the CMAR. Any work within the work packages that damages the SWPPP
shall be replaced in like kind and quantity by the responsible party who removed or damaged the
SWPPP devices.
16. Active dewatering and temporary bypass pumping as necessary to facilitate construction.
Contractors will maintain positive drainage throughout the life of their scope.
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17. It will be the responsibility of each contractor to protect their scope of work from all possible
weather events. Any work, compaction, and testing lost due to weather events will be replaced in
full at the cost of the responsible contractor. Any schedule delay due to failure to protect work or
address work damaged by weather events in a timely manner (24-hour period) will be back charged
to the responsible contractor, inclusive of any crew and equipment standby time.
18. Subcontractors with any concrete scope will be required to establish, maintain and remove concrete
washouts throughout the life of their scope. Upon scope completion, contractors will remove all
washouts and return the area to its original condition. Any disposal via jobsite dumpsters will not be
permitted.
19. Verify the location, relocation, abandonment, and/or temporary support of all utilities affected by
the construction work. Coordinate these activities with the appropriate utility Companies, Agencies,
and/or Authorities. Each Subcontractor shall have at a minimum an active Texas811 dig ticket and
McCarthy excavation permit for their scope before performing any groundbreaking activity. No
excavation activities shall commence until a McCarthy staff inember reviews and signs the
excavation permit.
20. Protection of all existing utilities. Each Subcontractor shall perform their work in such a manner that
protects existing utilities. Should the Subcontractor discover or damage any existing utilities, the
CMAR shall be notified immediately. Repair or replacement of any damaged utilities will be the sole
responsibility of the Subcontractor conducting the work that led to the incident.
21. Plan all work in accordance with the Construction Plans, City of Fort Worth Specification, and
proposed CPM schedule. The CPM schedule is subject to change due to unforeseen site conditions.
22. Provide layout and engineering for all work included under scope. Owner to provide survey control
points prior to commencement of work. Subcontractor to coordinate with McCarthy survey to verify
the calibration for accuracy.
23. All Subcontractors will be required to utilize the Procore Website for submission of RFI's, Submittal
Information, Contractor Reports, and Daily Logs. Access to the McCarthy Procore Website will be
made available by the Project Staff once the Contract has been executed.
24. Concrete rubble and other debris may be encountered during excavation. Removal, loading and
hauling in compliance with all regulations is incidental to excavation work.
25. Various abandoned utilities are expected to be encountered during excavation. Removal, loading,
and hauling is incidental to excavation work once confirmed abandoned. Disposal via jobsite
dumpster will not be permitted.
26. Haul off and disposal of all excess spoils including but not limited to concrete spoils, demolition
materials, etc. Trucking and disposal costs shall be borne by each Work Category for their removals.
Disposal via jobsite dumpster will not be permitted.
27. Provide dust control as required.
28. Proposers shall review other work categories besides their own to be aware of what scopes fall
outside their specific category and what additional coordination may be required of them.
29. All Subcontractors shall notify of their start of work to the CMAR two weeks in advance.
30. Provide at least 48-hr notice to the CMAR for any deliveries to coordinate logistics and laydown.
31. Prior to starting work, Subcontractors are required to provide work plans detailing their steps
required for construction of all work items. The work plans shall include the top safety and quality
items along with a detailed list of the steps to perform the work.
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Work Cate�ory 1
Earthwork & Demolition
SPECIFICALLY INCLUDES, BUT IS NOT LIMITED TO, THE FOLLOWING:
Provide all labor, materials, tools, and equipment as required to perform this Work Category scope of work. The
scope of work is to be performed in accordance with the Contract Specifications, Drawings, Addenda, McCarthy Front
Ends, and any other contract documents.
Inclusions:
1. Install tree protection measures as indicated on Contract Documents.
2. Clear and grub the jobsite within the work limits including but not limited to the trees noted for
removal.
3. Excavation within proximity to trees will need to be conducted by hand or minimally invasive
measures to preserve and protect the root system.
4. Removals as shown/indicated on Contract Plans.
5. Removal of Pavement Markings as indicated on Contract Documents
6. The Earthwork and Demolition Contractor will verify Demolition limits of curb, sidewalk and
pavement to the lines and grades as shown on the plans. Any extra demolition not indicated on
Contract Documents will be replaced at the cost of the Earthwork and Demolition Contractor.
7. The Earthwork and Demolition Contractor shall adhere to McCarthys safety policies regarding
vertical drop-offs such as properly delineating and flagging shoulders or excavations.
8. Items to be removed and salvaged as shown/indicated on Contract Documents will be taken to a
location as determined by the CMAR.
9. Topsoil to be stockpiled at location determined by the CMAR.
10. Perform ample saw cuts to perform surfacing removal in compliance with the traffic control plan.
Including full depth saw cuts on all pavement to be removed. The Earthwork and Demolition
Contractor shall include double saw - cut lines at 6" O.C. at each concrete tie-in location. These strips
will serve as protection during demo and stabilization activities and will be removed by the
Earthwork and Demolition Contractor before turning over the area to the subsequent scope of work.
11. Contractor to provide Lime/Cement Treated Subgrade for pavement subgrade per the Contract
Documents.
12. Prime Coat will be required for lime treated subgrade to protect its integrity.
13. Furnish and install any temporary surfacing to meet Project Schedule and maintain access between
Project Phasing.
14. Subgrade preparation areas include but are not limited to Roadway, Median, Sidewalk, ADA Ramps,
and Curb placement locations, inclusive of subgrade material as indicated on the Project Documents.
15. All prepared subgrade areas are to be within +/-1/2" tolerance.
16. Backfill behind curb, sidewalk, ADA ramps, flumes, etc. as required for final grading.
17. Any areas to receive landscaping/topsoil will be turned over at a Subgrade +/-1"
18. Mass excavation shall include over-excavation per Plans and Specifications for Treated Subgrade
materials. Any over excavation shall be replaced with material suitable for the subgrade
stabilization.
19. The Earthwork Contractor shall not be responsible for excavation of other contractors' scope of work
(i.e. all utility excavation below paving bottom, electrical conduit excavation, etc.).
20. The Earthwork Contractor shall include all over-excavation and backfill required for the Pavement
Contractor's formwork clearances — 2' behind back of curb typical.
21. Provide dust control as required, including cleaning of the streets where haul-off and spoils may trail
into live roadways.
22. The Earthwork and Demolition Contractor will not be responsible for the removal of Brick Pavers or
Concrete Underlayment shown/indicated on Contract Documents.
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23. The Earthwork and Demolition Contractor will not be responsible for the removal/salvage of any
Street Lighting.
24. The Earthwork and Demolition Contractor will not be responsible for the removal of any Utilities.
25. The Earthwork and Demolition Contractor will not be responsible for the removal and replacement
of Tops of Existing Curb Inlets, including associated curb.
26. The Earthwork and Demolition Contractor will not be responsible for the removal and
replacement/adjustment of manholes and valves.
27. The Earthwork and Demolition Contractor will not be responsible for Subgrade preparation at Trench
Repair locations as indicated on the Contract Documents.
28. The Earthwork and Demolition Contractor will not be responsible for the removal of Temporary
Pavement Markings as indicated in Traffic Control Plans.
29. The Earthwork and Demolition Contractor will not be responsible for the distribution/placement of
topsoil.
30. The Earthwork and Demolition Contractor will not be responsible for the Luminaire Spread footing
subgrade.
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Work Cate�ory 2
Concrete Pavin� and Flatwork
SPECIFICALLY INCLUDES, BUT IS NOT LIMITED TO, THE FOLLOWING:
Provide all labor, materials, tools, and equipment as required to perform this Work Category scope of work. The
scope of work is to be performed in accordance with the Contract Specifications, Drawings, Addenda, McCarthy Front
Ends, and any other contract documents.
Inclusions:
1. Furnish and install all Standard Concrete Road Paving, Curb and Gutter, Medians, Driveways,
Sidewalks, ADA ramps, and ADA Detector Surfaces as indicated by the Project Documents and City
of Fort Worth Specifications.
2. All rebar, accessories, chairs, bolsters or supports, two-piece tie bars, dowel bars and tie bars
necessary for the full completion of scope of work.
3. The Concrete Paving and Flatwork Contractor shall include any handwork, additional compensation
will not be made by CMAR for the method of placement.
4. Driveways will need to always be accessible by the traveling public.
5. Temporary surfacing as needed to address elevation differences and to ensure access is maintained
between Project Phasing will be considered incidental to scope of work.
6. All formwork and construction joints needed to sequence out the pavement pours per the phasing
plan.
7. The Concrete Paving and Flatwork Contractor will be responsible for ensuring forms and rebar
remain clean regardless of any type of weather events.
8. The Concrete Paving and Flatwork Contractor is responsible for the purchase and installation of all
reinforcing steel bars, including providing shop drawings, coordinating production and delivery from
3�d parties.
9. The Concrete Paving and Flatwork Contractor will be responsible for all Drill and Epoxy bars
associated with work, including all associated testing.
10. The Concrete Paving and Flatwork Contractor shall Saw and Seal per the Contract Documents and
City of Fort Worth Specification, including any backer rod if needed.
11. The Concrete Paving and Flatwork Contractor shall clean and remove any spilled concrete
throughoutthe site, caused bythe execution oftheirwork including chipping and grinding if concrete
is hardened.
12. Fine grading of subgrade will be the responsibility of the Concrete Paving and Flatwork Contractor.
Subgrade will be turned over at +/-1/2" by the Earthwork and Demolition Contractor in a handoff
meeting coordinated through the CMAR. Once subgrade is accepted, the Contractor will be
responsible for maintaining regardless of any weather events.
13. Furnish and install all roadway pavement markings as indicated in the Contract Documents.
14. Furnish and remove all temporary roadway pavement markings as indicated in the Traffic Control
Plans.
15. Reinforced Concrete Base as shown on the Trench Repair detail in the Contract Documents. Drilling
and epoxy dowels, rebar, expansion joints, and accessories as indicated in Contract Documents and
City of Fort Worth Specification will be considered incidental to work.
16. The Concrete Paving and Flatwork Contractor will not be responsible for the placement of Brick
Pavers at Trench Repair locations as indicated in Contract Documents.
17. Reinforced Concrete Base at locations to receive Brick Pavers as shown on the Contract Documents.
Drilling and epoxy dowels, rebar, expansion joints, and accessories are considered incidental to
work.
18. Removal of existing Inlet tops and curb tying into, as indicated in Contract Documents.
19. Pouring and finishing the Inlet top, throat and curb as indicated on the Contract Documents and City
of Fort Worth Specifications.
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20. Cleaning of Completed Roadway prior to opening to traveling public.
21. The Concrete Paving and Flatwork Contractor is not responsible for any manhole structures, valve
covers, cans, and lid adjustments or removals as indicated in the Contract Documents.
22. The Concrete Paving and Flatwork Contractor will not be responsible for Colored, Stamped, Stained,
and Brick Paving roadway surfaces as indicated on the Contract Documents.
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Work Cate�ory 3
Colored and Stamped Concrete Pavin�
SPECIFICALLY INCLUDES, BUT IS NOT LIMITED TO, THE FOLLOWING:
Provide all labor, materials, tools, and equipment as required to perform this Work Category scope of work. The
scope of work is to be performed in accordance with the Contract Specifications, Drawings, Addenda, McCarthy Front
Ends, and any other contract documents.
Inclusions:
1. Furnish and install all Colored, Stamped, and Stained Roadway Paving as indicated on Contract
Documents.
2. Furnish and install all Colored, Stamped and Stained Sidewalk and Curb portions, Medians, ADA
Ramps and ADA Detector Surfaces as indicated on Contract Plans and City of Fort Worth
Specifications.
3. The Colored and Stamped Concrete Paving Contractor shall include any handwork, additional
compensation will not be made by CMAR for the method of placement.
4. Mockup submission for Color, Stamp, and Stain prior to mobilization (2'x2' panel for each).
5. Driveways will need to always be accessible by the traveling public. The Colored and Stamped
Concrete Paving Contractor will consider additional phasing, weekend, and night work that may be
needed to ensure no impacts are placed on the traveling public and/or facilities during construction.
6. All formwork and construction joints needed to sequence out the pavement pours per the phasing
plan will need to be provided and installed by the Colored and Stamped Concrete Paving Contractor.
7. The Colored and Stamped Concrete Paving Contractor shall provide, install, and strip any bulkhead
or form required.
8. The Colored and Stamped Concrete Paving Contractor will be responsible for ensuring forms and
rebar remain clean regardless of any type of weather events.
9. The Colored and Stamped Concrete Paving Contractor shall allow form holes for rebar placed
through any form as needed.
10. If tie bars require drilling and epoxying into existing or new concrete, the Colored and Stamped
Concrete Paving Contractor shall include the cost which is incidental to the work including all
associated testing.
11. The Colored and Stamped Concrete Paving Contractor is responsible for purchase of all reinforcing
steel bars, including providing shop drawings, coordinating production and delivery form 3rd parties,
tying or subcontracting the tying of rebar, and all accessories, chairs, bolsters or supports.
12. The Colored and Stamped Concrete Paving Contractor shall form, place finish and cure, including
curing compounds according to City of Fort Worth Specification and Contract Documents.
13. The Colored and Stamped Concrete Paving Contractor shall saw and seal completed sections of
surfacing per the Contract Documents and City of Fort Worth Specification, including any backer rod
if needed.
14. Surface Sealing as required.
15. The Colored and Stamped Concrete Paving Contractor shall clean and remove any spilled concrete
throughout the site caused in the execution of their work including chipping and grinding if concrete
is hardened.
16. Fine grading of subgrade will be the responsibility of the Colored and Stamped Concrete Paving
Contractor. Subgrade will be turned over at +/-1/2" by the Earthwork and Demolition Contractor in
a handoff ineeting coordinated through the CMAR.
17. The Colored and Stamped Concrete Paving Contractor will clean work area daily to ensure no colored
dust remains to further prevent any type of surface staining.
18. The Colored and Stamped Concrete Paving Contract is not responsible for any curb and gutter
sections that do not receive any Color, Stamp, or Stain as indicated on Contract Documents.
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19. The Colored and Stamped Concrete Paving Contractor is not responsible for any Sidewalk, ADA
Ramps, or Roadway sections that do not receive any Color, Stamp, or Stain as indicated on the
Contract Documents.
20. The Colored and Stamped Concrete Paving Contractor is not responsible for any manhole structures,
valve covers, cans, and lid adjustments or removals as indicated in the Contract Documents.
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Work Cate�ory #4
Electrical and Li�htin�
SPECIFICALLY INCLUDES, BUT IS NOT LIMITED TO, THE FOLLOWING:
Provide all labor, materials, tools, and equipment as required to perform this Work Category scope of work. The
scope of work is to be performed in accordance with the Contract Specifications, Drawings, Addenda, McCarthy Front
Ends and any other contract documents.
Inclusions:
1. Provide a complete and functioning electrical, lighting, and roadway signage package for the Project.
2. Provide all required connections and terminations as noted, even if not indicated within the
Electrical Plans.
3. Bagging or changes to traffic signals and signage changes on mast arms during construction to ensure
public safety per traffic control plans and phasing. CMAR will coordinate all efforts as needed.
4. The Electrical Contractor shall adjust anchor bolt layout accordingly to the base plate of the
transformer base.
5. The Electrical Contractor shall remove various streetlight assemblies as shown on the Plans.
Foundations shall be removed, backfilled and compacted to the exiting subgrade elevation as
indicated on the Contract Documents. Haul-off and disposal of spoils and rubble shall be included by
the Electrical Contractor.
6. All streetlight assemblies to be removed and salvaged as shown/indicated on Contract Documents
will be taken to a location as indicated in Contract Documents.
7. The Electrical Contractor shall excavate, furnish, install, and backfill as required for conduit
installation. Conduit to be installed per the phasing plan and/or provide sleeves for roadway
crossings.
8. The Electrical Contractor shall furnish and install Streetlight foundations and drill shafts, inclusive of
subgrade preparation and testing, formwork, and incidental rebar and accessories.
9. The Electrical Contractor shall furnish and install Luminaire poles, light fixture, banner arms,
banner(s) etc. for complete assemblies.
10. The Electrical Contractor shall furnish and install all stub outs, rebar, grounding rods, etc. per the
Project Requirements and be inspected prior to placing concrete. Coordination to be made with
CMAR.
11. The Electrical Contractor shall furnish and install all required cable trays, raceways, and conduit
(exposed, embedded, buried, etc.), junction boxes, disconnects, etc. as specified by the Contract
Documents and City of Fort Worth Specifications.
12. The Electrical Contractor shall provide an operational grounding system whether shown or not
including grounding/bonding of all poles, cabinets, etc. as required.
13. The Electrical Contractor shall coordinate and provide permanent power and meters as required for
the project. Transfer the permanent system into the Owner's name and billing system as soon as
required.
14. If permanent lighting is not operating before circulating traffic opens, the Electrical Contractor is to
provide temporary power and lighting.
15. The Electrical Contractor shall coordinate CMAR on site for access to overlapping work. Please
adhere and reference the phasing plans to ensure conduits are installed in roadways during the
correct phasing sequence.
16. All permitting and testing necessary to perform the Electrical scope of work shall be included by the
Electrical Contractor.
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17. Owner Training, Startup, Commissioning and O&M Manuals shall be provided by the Electrical
Contractor as required.
18. The Electrical Contractor shall comply and coordinate with the CMAR for all necessary testing per
Contract Documents and City of Fort Worth Specifications.
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Work Cate�ory #5
Landscapin� and Irri�ation
SPECIFICALLY INCLUDES, BUT IS NOT LIMITED TO, THE FOLLOWING:
Provide all labor, materials, tools, and equipment as required to perform this Work Category scope of work. The
scope of work is to be performed in accordance with the Contract Specifications, Drawings, Addenda, McCarthy Front
Ends and any other contract documents.
Inclusions:
1. Provide and install all site Landscaping and Irrigation as indicated on Project Documents and City of
Fort Worth Specifications.
2. Soil preparation as required by the Contract Documents.
3. The Landscaping and Irrigation Contractor will be responsible for the placement and distribution of
topsoil at thickness shown on Contract Documents.
4. Salvaged topsoil stockpiled by the Earthwork and Demolition Contractor, is to be utilized and
distributed prior to importing additional material.
5. Any additional topsoil will be provided by the Landscaping and Irrigation Contractor.
6. The Landscaping and Irrigation Contractor shall furnish and install all plantings, sod, mulch, etc. as
shown in the Plans.
7. The Landscaping and Irrigation Contractor shall furnish and install water meters as indicated on the
Contract Documents.
8. The Landscaping and Irrigation Contractor shall furnish and install new system(s) per Contract
Documents and City of Fort Worth Specifications.
9. The Landscaping and Irrigation Contractor shall provide and set sleeves to meet other contractors'
schedules.
10. As necessary and/or directed by the CMAR, the Landscaping and Irrigation Contractor shall repair
and re-establish damaged systems along the parkways and medians to preconstruction conditions.
Cost will not be included in Contract Value but as an Allowance to the CMAR.
11. The Landscaping and Irrigation Contractor shall warranty all trees as indicated in Contract
Documents.
12. The Landscaping and Irrigation Contractor shall water and mow sod as indicated in Contract
Documents and City of Fort Worth Specification.
13. The Landscaping and Irrigation Contractor shall comply and coordinate with the CMAR for all
required testing per Contract Documents and City of Fort Worth Specifications.
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Work Cate�ory #6
Traffic Control
SPECIFICALLY INCLUDES, BUT IS NOT LIMITED TO, THE FOLLOWING:
Provide all labor, materials, tools, and equipment as required to perform this Work Category scope of work. The
scope of work is to be performed in accordance with the Contract Specifications, Drawings, Addenda, McCarthy Front
Ends, and any other contract documents.
Inclusions:
1. Furnish and install all traffic control devices as required per the Traffic Control Plans for the Project's
duration, including but not limited to any temporary signage, roadway devices, and message boards,
2. Traffic Control Contractor shall include daily inspection, maintenance, adjustments, replacements,
and removal of damaged devices, as needed to keep the project compliant with the Contract
Drawing, Texas Manual on Uniform Traffic Control Devices (TMUTCD), the City of Fort Worth, etc.
3. Maintaining traffic control shall be conducted daily or more frequently in the event of general public
damage, weather events, windstorms, etc.
4. The Traffic Control Contractor shall ensure worker protection during traffic control setup and
removal by providing motorists with advance notice and flagging as necessary.
5. The Traffic Control Contractor shall provide all equipment and trucking to move and setup the traffic
control for each street and any crash attenuators, arrow boards, etc. as necessary.
6. The Traffic Control Contractor will not be responsible for providing scope specific traffic control for
the other contractors onsite.
7. Drawing(s) and Stamp(s) for a total of Six (6) Traffic Control Plans.
8. Before each lane shift, detours, or closures impacting traffic patterns, the Traffic Control Contractor
shall update/place message boards at a minimum of 2 weeks before traffic switch.
9. The Traffic Control Contractor shall provide sidewalk closures and pedestrian traffic control in
accordance with the installation and location guidelines shown in the TMUTCD.
10. All traffic control, including advanced warning signage is to comply with plans and specifications and
the TMUTCD.
11. Maintain and ensure adequate reflectivity throughout life of traffic control set up.
12. Maintain Project Stockpile of Traffic Control Devices.
13. Replacement of damaged and worn devices will be considered incidental to scope of work.
14. Covering permanent signs for temporary traffic control. Any equipment needed will be considered
incidental to scope of work.
15. The Traffic Control Contractor will not be responsible for the establishment or removal of any
temporary or permanent pavement markings.
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Work Cate�ory #7
Brick Pavers
SPECIFICALLY INCLUDES, BUT IS NOT LIMITED TO, THE FOLLOWING:
Provide all labor, materials, tools, and equipment as required to perform this Work Category scope of work. The scope
of work is to be performed in accordance with the Contract Specifications, Drawings, Addenda, McCarthy Front Ends,
and any other contract documents.
Inclusions:
1. Remove and Protect Pavers as indicated on Contract Documents and City of Fort Worth Specification.
2. Any required saw cutting for removals shall be the responsibility of the Brick Paver Contractor.
3. Removal and disposal of concrete underlayment (if existing) beneath removed Brick Pavers. Disposal via
jobsite dumpster is not permitted.
4. Storage of Brick Pavers within the Project Boundaries will not be permitted. It will be the responsibility
of the Brick Paver Contractor to provide an adequate storage location for the Brick Pavers. CMAR is to
be notified where units will be stored prior to transport.
5. Transport of pavers to store location and transport of pavers to install location.
6. Disposal of damaged pavers and concrete underlayment shall be the responsibility of the Brick Paver
Contractor. Disposal via jobsite dumpster will not be permitted.
7. Brick Pavers are to be cleaned as indicated in the City of Fort Worth Specification prior to re-installing.
8. Installation of Brick Pavement Trench Repair as indicated on Contract Plans and City of Fort Worth
Specifications. Reinforced Concrete Base will be placed by the Concrete Paving Contractor.
9. Installation of Proposed Brick Pavers as indicated on Contract Plans.
10. The Brick Paver Contractor will not be responsible for the proposed Reinforced Concrete Base as
indicated on Contract Documents and City of Fort Worth Specifications.
11. Proposed Subgrade will not be the responsibility of the Brick Paver Contractor.
12. Curing materials and Curing of all work per Contract Documents and City of Fort Worth Specification.
13. The Brick Paver Contractor shall comply and coordinate with the CMAR for all necessary testing per
Contract Documents and City of Fort Worth Specifications.
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Work Cate�ory #8
Under�round Utilities
SPECIFICALLY INCLUDES, BUT IS NOT LIMITED TO, THE FOLLOWING:
Provide all labor, materials, tools and equipment as required to perform this Work Category scope of work. The
scope of work is to be performed in accordance with the Contract Specifications, Drawings, Addenda, McCarthy Front
Ends, and any other contract documents.
Inclusions:
1. Waterline and Sewer Line removals, as indicated on Contract Documents shall be the responsibility
of the Underground Utility Contractor.
2. Items called out for specific "Grout and Abandon" will be the responsibility of the Underground
Utility Contractor; materials and equipment required will be considered incidental.
3. Bursting and Open Trench installation of Sewer Line as indicated in Contract Documents to be
included in price.
4. Temporary Water Supply and Fire Supply to stakeholders affected during shutdowns of
waterline(s).
S. The Underground Utility Contractor shall provide temporary bypass and/or connections for all
existing structures and utilities to connect to the new.
6. The Underground Utility Contractor shall furnish and install all bedding material, suitable backfill,
pipe, manhole, etc. as detailed in the Contract Documents and City of Fort Worth
Specifications.
7. The Underground Utility Contractor shall perform utility adjustments as shown in the Contract
Documents.
8. The Underground Utility Contractor Shall adjust or remove all existing manhole structures, valve
covers, cans, and lids as indicated in the Contract Documents.
9. The Underground Utility Contractor will provide concrete collars and concrete thrust blocks as
required per Contract Documents and City of Fort Worth Specification.
10. Provide all trench protection, temporary handrail, street plates, etc. as needed to maintain the
project schedule and phasing as shown in the Contract Drawings.
11. At driveways where temporary surfacing is not installed the Underground Utility Contractor shall
provide means of access across their line until turned over for subgrade prep.
12. All vertical drop offs must either be barricaded or sloped and maintained daily.
13. Perform exploratory excavation as necessary to perform the scope of work.
14. Install work per project phasing including night and weekend work.
15. Provide all new pipe for both water lines and sanitary sewer, perform all testing, tap into the existing
utilities, etc. to form the complete systems as indicated on the Contract Documents and City of Fort
Worth Specification.
16. Testing per the Contract Documents and City of Fort Worth Specifications shall be performed and
approved prior to the 48-hour shutdown and tie-in to the mainlines.
17. The Underground Utility Contractor is responsible for pigging, testing and dechlorinating the new
waterline during the shutdown.
18. The Underground Utility Contractor will be responsible for performing and receiving all required
testing, including but not limited to passing pressure tests and bacteriological tests of the waterline
in accordance with Contract Documents and City of Fort Worth Specifications.
19. The Underground Utility Contractor is responsible for coordinating their work through the CMAR to
accommodate available shutdown times.
20. The Underground Utility Contractor shall provide and install all casings for the waterline pipes, as
shown in the Contract Drawings.
Front Ends 06-11-2024 Rev.
McCARTHY FRONT ENDS
21. Verify product availability and notify the CMAR of all long lead items with greater than two-week
procurement times within 5 days after Notice to Procced (NTP).
22. The Underground Utility Contractor shall coordinate with CMAR for overlapping scopes of work.
23. The Underground Utility Contractor will be responsible for all haul-off of excavation spoils, including
soil, construction waste, and existing waste generated from their scope of work. Prior to haul off,
coordinate with CMAR.
24. Surfacing Removals for the Installation/Removal of lines will not be the responsibility of the
Underground Utility Contractor.
25. Placement of Surfacing will not be the responsibility of the Underground Utility Contractor.
26. It will be the responsibility of the Underground Utility Contractor to re-establish and maintain top
of trench compaction and elevations as indicated in the Contract Documents. Upon completion of
work, the CMAR will coordinate a handoff ineeting.
27. The Underground Utility Contractor shall comply and coordinate with the CMAR for all necessary
testing per Contract Documents and City of Fort Worth Specifications.
28. Delivery of all salvaged materials associated with underground utilities as indicated on Contract
Documents.
Front Ends 06-11-2024 Rev.
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA
Create New From This M&C
DATE:11/12/2024 REFERENCE
NO.:M&C 24-0954 LOG NAME:
06CAMP BOWIE
BOULEVARD PUBLIC
IMPROVEMENTS
CODE:C TYPE:NON-
CONSENT
PUBLIC
HEARING:NO
SUBJECT: (CD 7) Authorize Execution of a Community Facilities Agreement with Crescent Property
Services, LLC with City Participation in an Amount Not to Exceed $13,105,115.57 for the
CFA-Camp Bowie Boulevard Improvements Project, Authorize a Waiver of the Community
Facilities Agreement Application Fee, Adopt Appropriation Ordinance to Effect a Portion of
Water's Contribution for Fiscal Years 2025-2029 Capital Improvement Program
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of a Community Facilities Agreement withCrescent Property
Services, LLC with City participation in an amount not to exceed $13,105,115.57 for the
CFA-Camp Bowie Boulevard Improvements project;
2. Authorize a waiver of Community Facilities Agreement application fee; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations
in the Water & Sewer Capital Projects Fund in the amount of $3,825,264.00, from available
PayGo Residuals in the Water & Sewer Capital Projects Fund, for the purpose of funding the
CFA-Camp Bowie Improvements project (City Project No. 104639) to effect a portion of
Water's Contribution to the Fiscal Years 2025-2029 Capital Improvement Program.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize execution of a
Community Facilities Agreement (CFA) with Crescent Property Services, LLC (Developer) for the
Camp Bowie Improvements project (City Project No. 104639) with City participation in an amount not
to exceed $13,105,115.57.
Camp Bowie Boulevard, between Montgomery Street and University Drive, is a four-lane divided
arterial in a historic area with some areas including historic brick pavement. The project includes the
following improvements: a limited amount of brick pavement repair utilizing historic brick from the City
stockpile, panel repair of existing concrete turn lanes and median crossing, new 10-foot sidewalks,
new American with Disabilities Act (ADA) ramps, street and pedestrian lighting, enhanced
landscaping, and restriping of pedestrian crossings and other street markings as necessary. Asphalt
paving within these roadway limits will not be improved as part of this project. The project also
includes a 12-inch water and 6-inch sewer line replacement.
On January 10, 2023, by Mayor & Council Communication (M&C 23-0024), the City Council
authorized execution of an Interlocal Agreement with Tarrant County in an amount not to exceed
$2,690,000.00 to provide reimbursement funding from Tarrant County for the project.
On February 13, 2024 (M&C 24-0135), the City Council authorized execution of a design procurement
agreement and project management agreement with Crescent Property Services, LLC with City
participation in an amount not to exceed $1,450,000.00 for the engineering design and project
management for the project, and authorized a waiver of the Infrastructure Plan Review Center (IPRC)
design review fees. Crescent Property Services, LLC selected Westwood Professional Services, Inc.
as the engineering consultant to perform the design of the project. In addition, Crescent Property
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Services, LLC selected TPG The Project Group, Inc. to provide project management services for the
project.
On September 17, 2024 (M&C 24-0830), the City Council accepted a donation in the amount of
$1,600,000.00 from the Fort Worth Local Development Corporation for the Camp Bowie
Improvements.
By approval of this M&C the City Council finds that the waiver of the Community Facilities
Agreement application fee serves a public purpose because the project consists of the construction of
public infrastructure improvements that will be owned by the City and are being paid for with public
funds. Sufficient contractual controls are in place to ensure that public purpose is met.
The Citys calculation for City participation is in accordance with the Citys Community Facilities
Agreement unit price ordinance number 23654-05-209. The Camp Bowie Boulevard Improvements
project is assigned City Project No. 104639 and Accela System Record IPRC24-0119.
The project was publicly bid as a Construction Manager-At-Risk (CMAR) procurement. The City's cost
participation in the replacement of a 12-inch water main, abandonment of a 4-inch cast-iron water
main, and replacement of an 8-inch sewer main along Camp Bowie Boulevard is in an amount not to
exceed $3,825,262.57 as shown in the table below. The City's cost participation in the paving and
streetlight improvements is in an amount not exceed $9,279,853.00 as shown in the table below.
Payments to the Developer are estimated to be $9,169,041.00 for the paving and streetlight
construction costs, $3,729,616.00 for the water and sewer construction costs, and $74,592.32 for
material testing. The Citys cost participation also includes $131,866.25 to cover the Citys portion of
water lab fees, construction inspection service fees, and administrative material testing fees.
The following table shows the cost-sharing breakdown for the project between all parties:
A. Construction Developer
Cost TPW Cost Water Cost Total Cost
GW $0.00 $48,074.00 $0.00 $48,074.00
WC #1-Earthwork & Demo $0.00 $1,452,399.00 $113,000.00 $1,565,399.00
WC #2- Concrete Paving &
Flatwork $0.00 $1,924,128.00 $300,000.00 $2,224,128.00
WC #3-Colored & Stamped
Concrete $0.00 $476,904.00 $65,385.00 $542,289.00
WC #4- Electrical & Lighting $0.00 $1,350,000.00 $0.00 $1,350,000.00
WC #5- Landscaping & Irrigation $0.00 $400,622.00 $5,872.00 $406,494.00
WC #6- Traffic Control $0.00 $233,367.00 $0.00 $233,367.00
WC #7- Brick Pavers $0.00 $393,303.00 $164,000.00 $557,303.00
WC #8- Underground Utilities $0.00 $0.00 $2,021,088.00 $2,021,088.00
M1-General Conditions $0.00 $1,203,831.00 $521,736.00 $1,725,567.00
M2- CCIP Builder's Risk Insurance $0.00 $168,428.00 $71,799.00 $240,227.00
M3- Fee $0.00 $608,259.00 $259,399.00 $867,658.00
M4- McCarthy Performance &
Payment Bond $0.00 $73,105.00 $29,736.00 $102,841.00
M5- Construction contingency $0.00 $336,621.00 $177,601.00 $514,222.00
M6- Owner Allowances $0.00 $500,000.00 $0.00 $500,000.00
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Sub-Total $0.00 $9,169,041.00 $3,729,616.00 $12,898,657.00
Construction Fees:
B. Construction Inspection Fee $ 0.00 $105,300.00 $19,237.50 $124,537.50
C. Admin Material Testing Fee $ 0.00 $5,512.00 $1,378.00 $6,890.00
E. Water Testing Lab Fee $0.00 $0.00 $438.75 $438.75
D. Material Testing Costs* $0.00 $0.00 $74,592.32 $74,592.32
Total Project Cost $ 0.00 $9,279,853.00 $3,825,262.57 $13,105,115.57
*Numbers will be rounded up for accounting purposes.
The reimbursement of the City participation, excluding inspection and material testing fees, is not a
lump-sum amount and may be less than the stated amount depending upon the actual quantities and
unit prices from the Notice of Final Completion package, commonly referred to as the Green Sheet
package.
Funding is available in the Street Improvements 2008, 2007 CritCapProj-CO2013A, Intergovernmental
Contribution, and the Developer Contribution Funds for the Transportation and Public Works
Department's (TPW) and in the Unspecified-All Funds project within the W&S Capital Projects Fund
for funding the CFA-Camp Bowie Improvements project, as appropriated.
It is the practice of the Water Department to appropriate its Capital Improvement Program plan
throughout the Fiscal Year (FY), instead of within the annual budget ordinance, as projects
commence, additional funding needs are identified, and to comply with bond covenants. The actions in
the M&C will appropriate funds in support of the Water's portion of the City of Fort Worth's Fiscal
Years 2025-2029 Capital Improvement Program, as follows:
06CAMP BOWIE PUBLIC IMPROVEMENTS
Capital
Fund Name Project Name FY 2025 CIP
Appropriations Authority
Budget
Change
Increase
Decrease
Revised
FY2025
Budget
56002-
104639- CFA-
Camp Bowie
Improvements
$0.00 This
M&C $3,825,264.00 $3,825,264.00
W&S Capital
Projects
Fund
Funding for the Community Facilities Agreement (CFA)-Camp Bowie Improvements project as
depicted in the table below:
Fund Existing
Appropriations
Additional
Appropriations Project Total
56005-
Water/Sewer
Bond2016 $121,000.00 $0.00 $121,000.00
M&C 24-0135
$1,600,000.00 $0.00 $1,600,000.00
30104 Developer
Contribution
M&C 24-0830
$2,690,000.00 $0.00 $2,690.000.00
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Fund Department
ID
Account Project
ID
Program Activity Budget
Year
Reference #
(Chartfield 2)
Amount
Fund Department
ID
Account Project
ID
Program Activity Budget
Year
Reference #
(Chartfield 2)
Amount
30106
Intergovernmental
Contribution
M&C 23-0024
34012-2007
CritCapProj-
CO2013A $6,836,838.00 $0.00 $6,836,838.00
M&C 23-0024
39407 - Street
Improvements
2008 $463,162.00 $0.00 $463,162.00
M&C 23-0024
56002 - W&S
Capital Projects
Fund
$0.00 $3,825,264.00 $3,825,264.00
Project Total $11,711,000.00 $3,825,264.00 $15,536,264.00
*Numbers rounded for presentation purposes.
This project is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are currently available in the CFA-Camp Bowie
Improvements project within the Street Improvements 2008, 2007 CritCapProj-CO2013A,
Intergovernmental Contribution, and the Developer Contribution Funds and in the Unspecified-All
Funds project within the W&S Capital Projects Fund and upon approval of the above
recommendations and adoption of the attached appropriation ordinance, funds will be available in the
Street Improvements 2008, 2007 CritCapProj-CO2013A, Intergovernmental Contribution, Developer
Contribution and W&S Capital Projects Funds for the CFA-Camp Bowie Improvements project to
support the above recommendations and execution of the agreement. Prior to an expenditure being
incurred, the Transportation & Public Works and Water Departments have the responsibility of
verifying the availability of funds.
TO
FROM
Submitted for City Manager's Office by:William Johnson (5806)
Dana Burghdoff (8018)
Originating Department Head:Chris Harder (5020)
D.J. Harrell (8032)
Additional Information Contact:Ty Thompson (2120)
Suby Varughese (8009)
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ATTACHMENTS
06CAMP BOWIE BOULEVARD PUBLIC IMPROVEMENTS.docx (CFW Internal)
24.10.17 Form 1295 Certificate.pdf (CFW Internal)
60 Camp Bowie Boulevard Public Improvements FID Table.xlsx (CFW Internal)
CBI ws improvements.pdf (CFW Internal)
M&C MAP-CBI.pdf (Public)
ORD.APP_06CAMP BOWIE BOULEVARD PUBLIC IMPROVEMENTS_56002_AO25(r3) (2).docx (Public)
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