10-00 52 43 Agreement DAP.pdf

00 52 43 - 1 Developer Awarded Project Agreement

CITY OF FORT WORTH Alpha Ranch Master Infrastructure Sewer

STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 105879 Revised June 16, 2016

SECTION 00 52 43 1

AGREEMENT 2

THIS AGREEMENT, authorized on ______________is made by and between the Developer, 4

CTMGT Alpha Ranch, LLC, authorized to do business in Texas (“Developer”) , and 5

______________________________________________________________, authorized to do 6 business in Texas, acting by and through its duly authorized representative, (“Contractor”). 7

Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 8 follows: 9

Article 1. WORK 10

Contractor shall complete all Work as specified or indicated in the Contract Documents for the 11

Project identified herein. 12

Article 2. PROJECT 13

The project for which the Work under the Contract Documents may be the whole or only a part is 14 generally described as follows: 15

Sewer Improvements to serve Alpha Ranch Master Infrastructure Sewer 16

City Project No. 105879 17

Article 3. CONTRACT TIME 18

3.1 Time is of the essence. 19

All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 20

Documents are of the essence to this Contract. 21

3.2 Final Acceptance. 22

The Work will be complete for Final Acceptance within working days after the date 23 when the Contract Time commences to run as provided in Paragraph 12.04 of the Standard 24

City Conditions of the Construction Contract for Developer Awarded Projects. 25

3.3 Liquidated damages 26

Contractor recognizes that time is of the essence of this Agreement and that Developer 27 will suffer financial loss if the Work is not completed within the times specified in 28

Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of 29 the Standard City Conditions of the Construction Contract for Developer Awarded 30

Projects. The Contractor also recognizes the delays, expense and difficulties involved in 31 proving in a legal proceeding the actual loss suffered by the Developer if the Work is not 32 completed on time. Accordingly, instead of requiring any such proof , Contractor agrees 33 that as liquidated damages for delay (but not as a penalty), Contractor shall pay 34

Developer Dollars ($ ) for each day that expires after the 35 time specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter 36 of Acceptance. 37

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Article 4. CONTRACT PRICE 38

Developer agrees to pay Contractor for performance of the Work in accordance with the Contract 39

Documents an amount in current funds of __________________________________Dollars 40

($___________________). 41

Article 5. CONTRACT DOCUMENTS 42

5.1 CONTENTS: 43

A. The Contract Documents which comprise the entire agreement between Developer and 44

Contractor concerning the Work consist of the following: 45

1. This Agreement. 46

2. Attachments to this Agreement: 47

a. Bid Form (As provided by Developer) 48

1) Proposal Form (DAP Version) 49

2) Prequalification Statement 50

3) State and Federal documents (project specific) 51

b. Insurance ACORD Form(s) 52

c. Payment Bond (DAP Version) 53

d. Performance Bond (DAP Version) 54

e. Maintenance Bond (DAP Version) 55

f. Power of Attorney for the Bonds 56

g. Worker’s Compensation Affidavit 57

h. MBE and/or SBE Commitment Form (If required) 58

3. Standard City General Conditions of the Construction Contract for Developer 59

Awarded Projects. 60

4. Supplementary Conditions. 61

5. Specifications specifically made a part of the Contract Documents by attachment 62 or, if not attached, as incorporated by reference and described in the Table of 63

Contents of the Project’s Contract Documents. 64

6. Drawings. 65

7. Addenda. 66

8. Documentation submitted by Contractor prior to Notice of Award. 67

9. The following which may be delivered or issued after the Effective Date of the 68

Agreement and, if issued, become an incorporated part of the Contract Documents: 69

a. Notice to Proceed. 70

b. Field Orders. 71

c. Change Orders. 72

d. Letter of Final Acceptance. 73

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Article 6. INDEMNIFICATION 76

6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 77 expense, the city, its officers, servants and employees, from and against any and all 78 claims arising out of, or alleged to arise out of, the work and services to be performed 79 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 80 under this contract. This indemnification provision is specifically intended to operate 81 and be effective even if it is alleged or proven that all or some of the damages being 82 sought were caused, in whole or in part, by any act, omission or negligence of the city. 83

This indemnity provision is intended to include, without limitation, indemnity for 84 costs, expenses and legal fees incurred by the city in defending against such claims and 85 causes of actions. 86

6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 88 the city, its officers, servants and employees, from and against any and all loss, damage 89 or destruction of property of the city, arising out of, or alleged to arise out of, the work 90 and services to be performed by the contractor, its officers, agents, employees, 91 subcontractors, licensees or invitees under this contract. This indemnification 92 provision is specifically intended to operate and be effective even if it is alleged or 93 proven that all or some of the damages being sought were caused, in whole or in part, 94 by any act, omission or negligence of the city. 95

Article 7. MISCELLANEOUS 97

7.1 Terms. 98

Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of 99 the Construction Contract for Developer Awarded Projects. 100

7.2 Assignment of Contract. 101

This Agreement, including all of the Contract Documents may not be assigned by the 102

Contractor without the advanced express written consent of the Developer. 103

7.3 Successors and Assigns. 104

Developer and Contractor each binds itself, its partners, successors, assigns and legal 105 representatives to the other party hereto, in respect to all covenants, agreements and 106 obligations contained in the Contract Documents. 107

7.4 Severability. 108

Any provision or part of the Contract Documents held to be unconstitutional, void or 109 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 110 remaining provisions shall continue to be valid and binding upon DEVELOPER and 111

CONTRACTOR. 112

7.5 Governing Law and Venue. 113

This Agreement, including all of the Contract Documents is performable in the State of 114

Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 115

Northern District of Texas, Fort Worth Division. 116

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Revised June 16, 2016

7.6 Authority to Sign. 118

Contractor shall attach evidence of authority to sign Agreement, if other than duly 119 authorized signatory of the Contractor. 120

IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple 122 counterparts. 123

This Agreement is effective as of the last date signed by the Parties (“Effective Date”). 125

Contractor: Developer:

CTMGT Alpha Ranch, LLC

By: By:

(Signature) (Signature)

(Printed Name) (Printed Name)

Title: Title:

Company Name: Company name: CTMGT Alpha Ranch, LLC Address: Address:

1800 Valley View Lane

Suite 300

City/State/Zip: City/State/Zip: Farmers Branch, Texas 75234

Date Date