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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 City of Fort Worth, Texas Page 3 of 20 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. City of Fort Worth, Texas Page 4 of 20 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.” City of Fort Worth, Texas Page 5 of 20 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 City of Fort Worth, Texas Page 6 of 20 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 City of Fort Worth, Texas Page 7 of 20 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 City of Fort Worth, Texas Page 8 of 20 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 City of Fort Worth, Texas Page 9 of 20 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, City of Fort Worth, Texas Page 10 of 20 Standard Community Facilities Agreement with City Participation 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. City of Fort Worth, Texas Page 11 of 20 Standard Community Facilities Agreement with City Participation 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 City of Fort Worth, Texas Page 12 of 20 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. City of Fort Worth, Texas Page 13 of 20 Standard Community Facilities Agreement with City Participation 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 N N � � O � / 0 Q U J � �� �� � �� �o N� N � � N � O N N N \ I r7 � \ � � O J � J � Q � = I �� � 0 C� / \ Q � J O m � O � � V 9800 Hillwood Parkway, Suite 250 FORT WORTH, TX 76177 817.562.3350 c� 0 � � m _ x w Q � � N O� � N N I � � 0 � � 0 Q � � 0 � 0 � N O N / (/l H m _ x w � x � J � �� �� � � �o N� N � � N � O N NN ,� � � �� 0 �o � � � � � Q � = I �� � i � . � � � � � � � o — ss EXIST. SEWER �IN- PROP. SEWER �INE � W �s y� >� W� � �� O � PROPOSED MANHOLE \ Q � „ . � � CONNECT TO EXISTING SEWER MANHOLE �c.�(X-23583) � CITY PROJECT N0. XXXXX CAMP BOWIE BOULEVARD FORT WORTH, TARRANT COUNTY, TX 1 �L 0 5C 100 200 GRAPHIC SCALE IN FEET EXISTING 8" S.S. LINE (X-07975) � CONNECT TO EXISTING MANHOLE �" � ``'i �� c/ �/ � �'' i �� �� j ,p ;`/� �' .,. � r,`, j" � � . � /, . ., � ' ULE J PRO o������ GP�P 8r�' �WLI LI� � �� D SEWER TX REG. ENGINEERING FIRM F-11756 I TX REG. SURVEYING FIRM LS-10074301 � Q � J O m � O � � V MATCH LINE - THIS SHEETMATCH LINE - THIS SHEET9800 Hillwood Parkway, Suite 250 FORT WORTH, TX 76177 817.562.3350 MATCH LINE - THIS SHEETMATCH LINE - THIS SHEET9800 Hillwood Parkway, Suite 250 FORT WORTH, TX 76177 817.562.3350 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. Front Ends 06-11-2024 Rev. MtCARTHY FRONT ENDS 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. Front Ends 06-11-2024 Rev. MtCARTHY FRONT ENDS 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. Front Ends 06-11-2024 Rev. MtCARTHY FRONT ENDS 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. Front Ends 06-11-2024 Rev. MtCARTHY FRONT ENDS 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. Front Ends 06-11-2024 Rev. MtCARTHY FRONT ENDS 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. Front Ends 06-11-2024 Rev. MtCARTHY FRONT ENDS 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. Front Ends 06-11-2024 Rev. McCARTHY FRONT ENDS 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. Front Ends 06-11-2024 Rev. MtCARTHY FRONT ENDS 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. Front Ends 06-11-2024 Rev. MtCARTHY FRONT ENDS 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. Front Ends 06-11-2024 Rev. MtCARTHY FRONT ENDS 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. Front Ends 06-11-2024 Rev. MtCARTHY FRONT ENDS 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. Front Ends 06-11-2024 Rev. MtCARTHY FRONT ENDS 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. Front Ends 06-11-2024 Rev. MtCARTHY FRONT ENDS 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 Page 1 of 5M&C Review 11/21/2024http://apps.cfwnet.org/council_packet/mc_review.asp?ID=32660&councildate=11/12/2024 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 City’s calculation for City participation is in accordance with the City’s 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 City’s cost participation also includes $131,866.25 to cover the City’s 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 Page 2 of 5M&C Review 11/21/2024http://apps.cfwnet.org/council_packet/mc_review.asp?ID=32660&councildate=11/12/2024 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 Page 3 of 5M&C Review 11/21/2024http://apps.cfwnet.org/council_packet/mc_review.asp?ID=32660&councildate=11/12/2024 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) Page 4 of 5M&C Review 11/21/2024http://apps.cfwnet.org/council_packet/mc_review.asp?ID=32660&councildate=11/12/2024 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) Page 5 of 5M&C Review 11/21/2024http://apps.cfwnet.org/council_packet/mc_review.asp?ID=32660&councildate=11/12/2024