3-00 52 43 Agreement DAP.pdf

00 52 43 - 1 Developer Awarded Project Agreement

CITY OF FORT WORTH ALPHA RANCH PARKWAY &

STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – COMANCHERIA WAY OFFSITE WATER LINE

DEVELOPER AWARDED PROJECTS City Project No. 106400 Revised September 1,2025

SECTION 00 52 43 1

AGREEMENT 2

THIS AGREEMENT, authorized on ______________is made by and between the Developer, 3

CTMGT Alpha Ranch, LLC, authorized to do business in Texas (“Developer”) , and 4

______________________________________________________________, authorized to do 5 business in Texas, acting by and through its duly authorized representative, (“Contractor”). 6

Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 7 follows: 8

Article 1. WORK 9

Contractor shall complete all Work as specified or indicated in the Contract Documents for the 10

Project identified herein. 11

Article 2. PROJECT 12

The project for which the Work under the Contract Documents may be the whole or only a part is 13 generally described as follows: 14

ALPHA RANCH PARKWAY & COMANCHERIA OFFSITE WATER LINE 15

CITY PROJECT NO. 106400 16

Article 3. CONTRACT PRICE 17

Developer agrees to pay Contractor for performance of the Work in accordance with the Contract 18

Documents an amount in current funds of __________________________________Dollars 19

($___________________). 20

Article 4. CONTRACT TIME 21

4.1 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

4.2 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 4.1 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 35 that expires after the time specified in Paragraph 4.1 for Final Acceptance until the City 36 issues the Final Letter of Acceptance. 37

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DEVELOPER AWARDED PROJECTS City Project No. 106400 Revised September 1,2025

Article 5. CONTRACT DOCUMENTS 38

5.1 CONTENTS: 39

A. The Contract Documents which comprise the entire agreement between Developer and 40

Contractor concerning the Work consist of the following: 41

1. This Agreement. 42

2. Attachments to this Agreement: 43

a. Bid Form (DAP Version ) 44

1) Proposal Form (DAP Version) 45

2) Vendor Compliance to State Law Non-Resident Bidder 46

3) Prequalification Statement 47

4) State and Federal documents (project specific) 48

b. Current Prevailing Wage Rate Table 49

c. Insurance Certification Form (ACORD) 50

d. Payment Bond (DAP Version) 51

e. Performance Bond (DAP Version) 52

f. Maintenance Bond (DAP Version) 53

g. Power of Attorney for the Bonds 54

h. Worker’s Compensation Affidavit 55

i. SBE Small Business Utilization Form 56

3. Standard City Conditions of the Construction Contract for Developer Awarded 57

Projects. 58

4. Supplementary Conditions. 59

5. Specifications specifically made a part of the Contract Documents by attachment 60 or, if not attached, as incorporated by reference and described in the Table of 61

Contents of the Project’s Contract Documents. 62

6. Drawings. 63

7. Addenda. 64

8. Documentation submitted by Contractor prior to Notice of Award. 65

9. The following which may be delivered or issued after the Effective Date of the 66

Agreement and, if issued, become an incorporated part of the Contract Documents: 67

a. Notice to Proceed. 68

b. Field Orders. 69

c. Change Orders. 70

d. Letter of Final Acceptance. 71

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DEVELOPER AWARDED PROJECTS City Project No. 106400 Revised September 1,2025

Article 6. INDEMNIFICATION 74

6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 75 expense, the city, its officers, servants and employees, from and against any and all 76 claims arising out of, or alleged to arise out of, the work and services to be performed 77 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 78 under this contract. This indemnification provision is specifically intended to operate 79 and be effective even if it is alleged or proven that all or some of the damages being 80 sought were caused, in whole or in part, by any act, omission or negligence of the city. 81

This indemnity provision is intended to include, without limitation, indemnity for 82 costs, expenses and legal fees incurred by the city in defending against such claims and 83 causes of actions. 84

6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 86 the city, its officers, servants and employees, from and against any and all loss, damage 87 or destruction of property of the city, arising out of, or alleged to arise out of, the work 88 and services to be performed by the contractor, its officers, agents, employees, 89 subcontractors, licensees or invitees under this contract. This indemnification 90 provision is specifically intended to operate and be effective even if it is alleged or 91 proven that all or some of the damages being sought were caused, in whole or in part, 92 by any act, omission or negligence of the city. 93

Article 7. MISCELLANEOUS 95

7.1 Terms. 96

Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of 97 the Construction Contract for Developer Awarded Projects. 98

7.2 Assignment of Contract. 99

This Agreement, including all of the Contract Documents may not be assigned by the 100

Contractor without the advanced express written consent of the Developer. 101

7.3 Successors and Assigns. 102

Developer and Contractor each binds itself, its partners, successors, assigns and legal 103 representatives to the other party hereto, in respect to all covenants, agreements and 104 obligations contained in the Contract Documents. 105

7.4 Severability. 106

Any provision or part of the Contract Documents held to be unconstitutional, void or 107 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 108 remaining provisions shall continue to be valid and binding upon DEVELOPER and 109

CONTRACTOR. 110

7.5 Governing Law and Venue. 111

This Agreement, including all of the Contract Documents is performable in the State of 112

Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 113

Northern District of Texas, Fort Worth Division. 114

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DEVELOPER AWARDED PROJECTS City Project No. 106400 Revised September 1,2025

7.6 Authority to Sign. 116

Contractor shall attach evidence of authority to sign Agreement, if other than duly 117 authorized signatory of the Contractor. 118

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:

By: By:

(Signature) (Signature)

(Printed Name) (Printed Name)

Title: Title:

Company Name: Company name:

Address: Address:

City/State/Zip: City/State/Zip:

Date Date