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HomeMy WebLinkAboutContract 50372 Received Date: 3/13/2018 Received Time: 8:59 am Developer and Project Information Cover Sheet: Developer Company Name: Walton Development&Management,TX,LLC Address, State,Zip Code: 5420 LBJ Freeway,Ste 790,Dallas,TX 75240 Phone&Email: 214-838-2101,mrobinson@walton.com Authorized Signatory,Title: John Vick,President Project Name: Rock Creek Ranch/Tarleton State University Lift Station&Force Main Brief Description: Sewer Project Location: Brewer Rd West of Chisholm Trial Pkwy Plat Case Number: None Plat Name: None Mapsco: 116B Council District: 6 CFA Number: 2017-177 City Project Number: 101301 City of Fort Worth,Texas Standard Community Facilities Agreement-Rock Creek Ranch/Tarleton State University Lift Station&Force Main CFA Official Release Date:02.20.2017 Page 1 of 11 STANDARD COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. 50372 WHEREAS, Walton Development & Management, TX, LLC, ("Developer"), desires to make certain specific improvements as described below and on the exhibits attached hereto ("Improvements") related to a project generally described as Rock Creek Ranch / Tarleton State University Lift Station&Force Main ("Project")within the City or the extraterritorial jurisdiction of Fort Worth, Texas ("City"); and WHEREAS, the City has no obligation to participate in the cost of the Improvements or Project; and WHEREAS,any future City participation in this CFA is subject to the availability of City funds and approval by the Fort Worth City Council and shall be memorialized as an amendment to this Agreement; and WHEREAS, the Developer and the City desire to enter into this Community Facilities Agreement ("CFA" or "Agreement") in connection with the collective Improvements for the Project. NOW,THEREFORE,for and in consideration of the covenants and conditions contained herein, the City and the Developer do hereby agree as follows: General Requirements A. The Policy for the Installation of Community Facilities ("Policy") dated March 2001, approved by the City Council of the City of Fort Worth, as amended, is hereby incorporated into this Agreement as if copied herein verbatim. Developer agrees to comply with all provisions of said Policy in the performance of its duties and obligations hereunder and to cause all contractors hired by Developer to comply with the Policy in connection with the work performed by said contractors. B. Developer shall provide financial security in conformance with the Policy in the form of a cash deposit,which consists of the PID Bond proceeds held by the City's trustee and payable to Developer in accordance with the PID Reimbursement Agreement between the City and City of Fort Worth,Texas Standard Community Facilities Agreement-Rock Creek Ranch/Tarleton State University Lift Station&Force Main CFA Official Release Date:02.20.2017 Page 2 of 11 Developer. Developer further acknowledges that the City's acceptance process for the Improvements requires the Developer's contractor(s) to submit a signed affidavit of bills paid and consent of Surety signed by its surety to ensure the contractor has paid any sub- contractor(s) and suppliers in full. Additionally, the contractor will provide in writing that the contractor has been paid in full by Developer for all the services provided under this contract. C. 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 the City-approved construction plans, specifications and cost estimates provided for the Project and the exhibits attached hereto. D. The following checked exhibits describe the Improvements and are incorporated herein: Water(A) L, Sewer(A-1),E;,Paving(B) U. Storm Drain(B-1) ❑, Street Lights & Signs (C) . E. The Developer shall award all contracts for the construction of the Improvements in accordance with Section 11,paragraph 7 of the Policy and the contracts shall be administered in conformance with paragraph 8, Section II, of the Policy. Developer shall ensure its contractor(s)pays the then-current City-established wage rates. F. For all Improvements included in this Agreement for which the Developer awards construction contract(s), Developer agrees to the following: i. To employ a construction contractor who is approved by the director of the department having jurisdiction over the infrastructure to be constructed, said contractor to meet City's requirements for being prequalified, insured, licensed and bonded to do work in public ways and/or prequalified to perform water/wastewater construction as the case may be. ii. To require its contractor to furnish to the City a payment and performance bond in the names of the City and the Developer for one hundred percent (100%) of the contract price of the infrastructure, and a maintenance bond in the name of the City for one hundred percent (100%) of the contract price of the infrastructure for a period of two (2) years from the date of final acceptance insuring the maintenance and repair of the constructed infrastructure during the term of the maintenance City of Fort Worth,Texas Standard Community Facilities Agreement-Rock Creek Ranch/Tarleton State University Lift Station&Force Main CFA Official Release Date:02.20.2017 Page 3 of 11 bond. All bonds to be furnished before work is commenced and to meet the requirements of Chapter 2253,Texas Government Code. iii. To require the contractor(s)it hires to perform the construction work contemplated herein to provide 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 shall be named as additional insured on all insurance required by said documents and same will be evidenced on the Certificate of Insurance (ACORD or other state-approved form) supplied by the contractor's insurance provider and bound in the construction contract book. iv. To require its contractor to give 48 hours advance notice of intent to commence construction to the City's Construction Services Division so that City inspection personnel will be available;to require the contractor to allow the construction to be subject to inspection at any and all times by City inspection forces,to not install or relocate any sanitary sewer, storm drain, or water pipe unless a responsible City inspector is present and gives his consent to proceed, and to make such laboratory tests of materials being used as may be required by the City. V. To require its contractor to have fully executed contract documents submitted to the City in order to schedule a Pre-Construction Meeting. The submittal should occur no less than 10 working days prior to the desired date of the meeting. No construction will commence without a City-issued Notice to Proceed to the Developer's contractor. vi. To delay connections of buildings to service lines of sewer and water mains constructed under this Agreement, if any, until said sewer and water mains and service lines have been completed to the satisfaction of the Water Department. G. Developer shall provide at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to construct the improvements under this Agreement. H. Developer shall cause the installation or adjustment of the required utilities to serve the development or to construct the Improvements required herein. I. City shall not be responsible for payment of any costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with any of the community facilities to be installed hereunder. City of Fort Worth,Texas Standard Community Facilities Agreement-Rock Creek Ranch/Tarleton State University Lift Station&Force Main CFA Official Release Date:02.20.2017 Page 4 of 11 J. Developer hereby releases and agrees to indemnify, defend and hold the City harmless for any inadequacies in the preliminary plans,specifications and cost estimates supplied by the Developer for this Agreement. K. Developer agrees to provide, at its expense, all necessary rights of way and easements across property owned by Developer and required for the construction of the current and future improvements provided for by this Agreement. L. The Developer further 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, 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. M. Developer will further require its contractors to indemnify, defend and hold harmless the City, its officers, agents and employees from and against any and all claims, suits or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or damages to persons or property, including death, resulting from,or in any way connected with,the construction of the infrastructure 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,and hold harmless the City for any losses, damages, costs or expenses suffered by the City or caused as a result of said contractor's failure to complete the work and construct the improvements in a good and workmanlike manner, free from defects, in conformance with the Policy, and in accordance with all plans and specifications. City of Fort Worth,Texas Standard Community Facilities Agreement-Rock Creek Ranch/Tarleton State University Lift Station&Force Main CFA Official Release Date:02.20.2017 Page 5 of 11 N. Upon completion of all work associated with the construction of the Improvements, Developer will assign to the City a non-exclusive right to enforce the contracts entered into by the 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. O. Inspection and material testing fees are required as follows: i. Developer shall pay in cash water and wastewater inspection fees and material testing fees equal to two percent (2%) for a total of 4% of the developer's share of the total construction cost as stated in the construction contract. ii. Developer shall pay in cash paving and storm drain inspection fees equal to four percent (4%) and material testing fees equal to two percent (2%) for a total of 6% of the developer's share of the total construction cost as stated in the construction contract. iii. Developer shall pay in cash the total cost of streetlights or if the city is not installing the streetlights, inspection fees equal to four percent (4%) of the developer's share of the streetlight construction cost as stated in the construction contract. iv. Developer shall pay in cash the total cost of street signs. P. COMPLETION WITHIN 2 YEARS i. Developer shall complete the hmprovements within two (2) years, provided, however, if construction of the Improvements has started within the two year period,the developer may request that the CFA be extended for one additional year. ii. Nothing contained herein is intended to limit the Developer's obligations under the Policy, this Agreement, its financial guarantee, its agreement with its contractor or other related agreements. iii. The City may utilize the Developer's financial guarantee submitted for this Agreement to cause the completion of the construction of the Improvements if at the end of two(2)years from the date of this Agreement(and any extension period) the Improvements have not been completed and accepted. iv. The City may utilize the Developer's financial guarantee to cause the completion of the construction of the Improvements or to cause the payment of costs for City of Fort Worth,Texas Standard Community Facilities Agreement-Rock Creek Ranch/Tarleton State University Lift Station&Force Main CFA Official Release Date:02.20.2017 Page 6 of 11 construction of same before the expiration of two (2) years if the Developer breaches this Agreement, becomes insolvent or fails to pay costs of construction and the financial guarantee is not a Completion Agreement. If the financial guarantee is a Completion Agreement and the Developer's contractors and/or suppliers are not paid for the costs of supplies and/or construction, the contractors and/or suppliers may put a lien upon the property which is the subject of the Completion Agreement. Q. Developer acknowledges that in accordance with Chapter 2270 of the Texas Government Code,the City is prohibited from entering into a contract with a company 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" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, 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 the contract. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) City of Fort Worth,Texas Standard Community Facilities Agreement-Rock Creek Ranch/Tarleton State University Lift Station&Force Main CFA Official Release Date:02.20.2017 Page 7 of 11 Cost Summary Sheet Project Name: Rock Creek Ranch/Tarleton State University Lift Station&Force Main CFA No.: 2017-177 City Project No.: 101301 An Engineer's Estimate of Probable Cost is acceptable. However, the construction contract price will ultimately determine the amount of CFA fees and financial guarantee. The bid price and any additional CFA payments will be required prior to scheduling a pre-construction meeting. An itemized estimate corresponding to each project-specific exhibit is required to support the following information. Items Developer's Cost A. Water and Sewer Construction 1. Water Construction $ - 2.Sewer Construction $ 2,902,719.90 Water and Sewer Construction Total $ 2,902,719.90 B. TPW Construction 1.Street $ - 2.Storm Drain $ - 3.Street Lights Installed by Developer $ - 4. Signals $ - TPW Construction Cost Total $ - Total Construction Cost(excluding the fees): $ 2,902,719.90 Construction Fees: C. Water/Sewer Inspection Fee(2%) $ 58,054.40 D. Water/Sewer Material Testing Fee(2%) $ 58,054.40 Sub-Total for Water Construction Fees $ 116,108.80 E. TPW Inspection Fee(4%) $ - F. TPW Material Testing(2%) $ - G. Street Light Inspsection Cost $ - H. Signals Inspection Cost $ - H. Street Signs Installation Cost $ - Sub-Total for TPW Construction Fees $ - Total Construction Fees: $ 116,108.80 Choice Financial Guarantee Options,choose one Amount 'ffark one Bond=100% $ 2,902,719.90 Completion Agreement=100%/Holds Plat $ 2,902,719.90 Cash Escrow-PID Bond Funds $ 3,628,399.88 x Cash Escrow Paving/Storm Drain=125% $ - Letter of Credit=125%w/2yr expiration period $ 3,628,399.88 City of Fort Worth,Texas Standard Community Facilities Agreement-Rock Creek Ranch/Tarleton State University Lift Station&Force Main CFA Official Release Date:02.20.2017 Page 8 of 11 ACCORDINGLY,the City of Fort Worth and Developer have each caused this instrument to be executed in quadruplicate in each entity's respective name by its duly authorized signatories effective as of the date executed by the City's City Manager or his/her designee. CITY OF FORT WORTH DEVELOPER Walton Development&Management,TX,LLC - JcsusJChapa(Mar9, 018) Jesus J. Chapa Assistant City Manager john Vink Date: Mar9,2018 John Vick(Mar9,2018) Name: John Vick Recommended by: Title: President Ily Date: Mar 9,2018 Evelyn Ro s(Mar 9,2018) Evelyn Roberts/Jennifer Ezernack Project Assistant Planning and Development Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and Approved as to Form &Legality: administration of this contract, including ensuring all performance and reporting �d A rvie m4ken requirements. Richard A.McCracken(Mar 9,2018) Richard A. McCracken (79/%� Xlat 1pf Assistant City Attorney Janie Scarlett Morales(Mar 9,2018) M&C No. G-19077&G-19079 Name: Janie Morales Date: 8/15/17 Title: Development Manager Form 1295: 2017-246398 ATTEST: fS MaryJ. yser(Mar9,2 8) Mary J. Kayser/Ronald Gonzales City Secretary/Assistant City Secretary City of Fort Worth,Texas Standard Community Facilities Agreement-Rock Creek Ranch/Tarleton State University Lift Station&Force Main CFA Official Release Date:02.20.2017 Page 9 of 11 Check items associated with the project being undertaken; checked items must be included as Attachments to this Agreement Included Attachment ® Attachment 1 -Changes to Standard Community Facilities Agreement ® Location Map Exhibit A: Water Improvements Water Cost Estimate Exhibit A-1: Sewer Improvements ® Sewer Cost Estimate ❑ Exhibit B: Paving Improvements ❑ Paving Cost Estimate Exhibit B-1: Storm Drain Improvements Storm Drain Cost Estimate ❑ Exhibit C: Street Lights and Signs Improvements El Street Lights and Signs Cost Estimate (Remainder of Page Intentionally Left Blank) City of Fort Worth,Texas Standard Community Facilities Agreement-Rock Creek Ranch/Tarleton State University Lift Station&Force Main CFA Official Release Date:02.20.2017 Page 10 of 11 ATTACHMENT"I" Changes to Standard Agreement Community Facilities Agreement City Project No. 101301 None City of Fort Worth,Texas Standard Community Facilities Agreement-Rock Creek Ranch/Tarleton State University Lift Station&Force Main CFA Official Release Date:02.20.2017 Page 11 of 11 PROPOSAL CONATSER CONSTRUCTION TX, L.P. 5327 Wichita Street Ft.Worth,TX 76119 Contact: Brock Huggins Phone: 817.534.1743 Fax: 817.534.4556 uote To: Walton Development Job Name: RCR Lift Station&Force Main Attn:Matt Robinson Date of Plans: Phone: Revision Date: Fax: This proposal is priced as a package bid only. Bid Date:February 16,2018 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 1010 12"SS FORCE MAIN 13,463.00 LF 52.00 700,076.00 1015 12"DIP SEWER 384.00 LF 100.00 38,400.00 1020 12"SS PIPE,CSS BKFL 158.00 LF 78.00 12,324.00 1030 12"GV&BOX 7.00 EA 2,800.00 19,600.00 1032 2"BLOW OFF VLV 2.00 EA 7,500.00 15,000.00 1035 4"COMB AIR VLV ASSY 5.00 EA 18,500.00 92,500.00 1037 30"CASING BY OPEN CUT 164.00 LF 240.00 39,360.00 1040 30"CASING BY OTOC 220.00 LF 560.00 123,200.00 1050 CONC ENCASE SS PIPE 40.00 LF 30.00 1,200.00 1060 TRENCH SAFETY 14,005.00 LF 1.00 14,005.00 1070 6"FLEXIBLE BASE,TYPE A,GR-1 10,925.00 SY 16.00 174,800.00 1080 REPL&REPAIR ASPHALT PVMT 54.00 SY 60.00 3,240.00 1085 SWPPP 1.00 LS 33,442.00 33,442.00 1090 12"ROCK RIP RAP 239.00 SY 75.00 17,925.00 1110 UTILITY MARKERS 1.00 LS 4,500.00 4,500.00 1120 DI WTR FTNGS w/RESTR 1.60 TON 9,500.00 15,200.00 1130 TRAFFIC CONTROL 1.00 LS 5,000.00 5,000.00 1140 PRESSURE TEST MAIN 14,005.00 LF 2.00 28,010.00 SUBTOTAL:FORCE MAIN $1,337,782.00 2010 EXCAVATION 1,362.00 CY 56.00 76,272.00 2020 STRUCTURAL BEDDING 24.00 CY 210.00 5,040.00 2030 STRUCTURAL BKFL(NATIVE) 580.00 CY 9.50 5,510.00 2045 PIPE BEDDING(CRUSHED ROCK) 15.00 CY 60.00 900.00 2050 PIPE BKFL 78.00 CY 65.00 5,070.00 2060 SITE CLEARING 0.45 AC 8,400.00 3,780.00 2070 GRAVEL 18,000.00 SF 0.80 14,400.00 2080 GRADE SMOOTH 19,600.00 SF 1 0.50 9,800.00 2090 DEWATERING 1 1.001 LS 1 21,000.001 21,000.00 Page 1 of 3 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 2100 6'CHAIN LINK FENCE(INCL DBL SWING 560.00 LF 28.00 15,680.00 GATES) 2110 6'X4'ACCESS HATCH W/FALL PROTECTION 1.00 EA 7,850.00 7,850.00 2120 4'X4'ACCESS HATCH W/FALL PROTECTION 1.00 EA 6,300.00 6,300.00 2130 STEEL GRATING 181.00 SF 45.00 8,145.00 2150 REINF CONC SLAB ON GRADE-SES 1.00 CY 1,890.00 1,890.00 21601 REINT CONC SLAB ON GRADE-ATS 1.00 CY 1,890.00 1,890.00 2170 REINF CONC SLAB ON GRADE-UTIL 2.00 CY 1,470.00 2,940.00 TRANSFORMER 2180 CAST IN PL CONC WETWELL 90.00 CY 1,630.00 146,700.00 2190 8'PRECAST JUNC MH(INCL LID,BASE,ETC) 1.00 EA 43,500.00 43,500.00 2200 PRECAST VLV VLT(INCL LID,BASE, 1.00 EA 68,200.00 68,200.00 LADDER,ETC) 2210 PRECAST MTR VLT(INCL LID,BASE, 1.00 EA 31,000.00 31,000.00 LADDER,ETC) 2220 ELEC BLDG(ROOF,CMU,DOORS,CONC FL, 200.00 SF 125.00 25,000.00 HVAC,ETC) 2230 ANCHOR,INSERTS&DOWELS 1.00 LS 4,725.00 4,725.00 2250 JOINT SEALANT 1.00 LS 7,350.00 7,350.00 2260 PAINTING 335.00 SF 9.50 3,182.50 2270 SPRAY ON RAVEN LINER 2,378.00 SF 10.30 24,493.40 2280 IDENTIFICATION/SIGNAGE 1.00 LS 2,100.00 2,100.00 2295 SUBMERSIBLE SS PUMPS, 100 HP, 1100GPM @ 2.00 EA 102,500.00 205,000.00 200'TDH 2310 SUMP PUMP 1.00 EA 2,625.00 2,625.00 2330 12"DIP PROTECTO 401(INCL BENDS,FTNGS, 80.00 LF 420.00 33,600.00 INSTL) 2340 24"DIP PROTECTO 401(INCL BENDS,FTNGS, 12.00 LF 1,800.00 21,600.00 INSTL) 2350 12"C-900 PVC FORCEMAIN(INCL BENDS, 118.00 LF 195.00 23,010.00 FTNGS,INSTL) 2360 2"PVC DRAIN LINE FROM SUMP PUMP 30.00 LF 37.50 1,125.00 2370 12"MAGNETIC FLOWMTR 1.00 EA 18,500.00 18,500.00 2380 WALL SLVS 3.00 EA 1,400.00 4,200.00 2390 LEVEL FLOATS 1.00 EA 1,350.00 1,350.00 2400 LEVEL INDICATOR/TRANSMITTER 1.00 EA 2,100.00 2,100.00 2420 PIPE SUPPORTS 5.00 EA 525.00 2,625.00 2430 ARV ASSY 2.00 EA 2,900.00 5,800.00 2440 HOSE BIBB&HOSE RACK 1.00 EA 1,050.00 1,050.00 2450 12"GV-HW OPERATOR 8.00 EA 3,950.00 31,600.00 2460 12"SWING CHECK VLV 2.00 EA 14,725.00 29,450.00 2490 PIPE TESTING 1.00 LS 5,775.00 5,775.00 2500 PUMP CNTRL PANEL&RADIO,ANTENNA& 1.00 LS 73,600.00 73,600.00 POLE 2510 SOFT START DRIVES 2.00 EA 30,500.00 61,000.00 2520 SITE ELEC EQUIPMENT(INCL SES,MCC,PWR 1.00 LS 212,000.00 212,000.00 PANELS,5 2530 SITE ELEC INSTL(INCL CONDUIT,WIRE, 1.00 LS 235,500.00 235,500.00 PULLBX,DISCO Page 2 of 3 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 2540 SYSTEM INTEGRATION 1.00 LS 5,800.00 5,800.00 2545 SELF-SUPPORTING TOWER 1.00 LS 8,505.00 8,505.00 2550 RESTRAINED COUPLING 9.00 EA 1,050.00 9,450.00 2560 4"CONC SDWLK BETWEEN PUMP STATION 400.00 SF 14.75 5,900.00 &VLV VLTS 2570 REINF CONC SLAB-TRUCK PAD 7.00 CY 1,365.00 9,555.00 25 801 GEOTEXTILE,RDWY AREA 1 500.001 SY 23.001 11,500.00 SUBTOTAL:LIFT STATION $1,564,937.90 GRAND TOTAL $2,902,719.90 NOTES: EXCLUSIONS: -Inspection Fees -Impact,Tap or Connection Fees -Engineering Control -Meter Fees and/or Deposits -Re-vegetation -Construction Material Testing -Geotech Testing -Adjustment Of Existing Utilities -Locate Of Private Utilities -Does not include wire or pumps Page 3 of 3 LAKE a FRANCIS YUAGE port '. 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