HomeMy WebLinkAboutContract 49185-SI1 FORT WORTH
10:53 am CSC No.49185-SI1
TO: City Secretary's Office
FROM: Janie Morales Interim Assistant Director >a,�-sC�,uor�
7 Ja kScarlea Morales(Se012,2020 10.1050T)
CC: Rich McCracken, Sr. Assistant City Attorney
DATE: September 22, 2020
SUBJECT: Community Facilities Agreement for Urban Air Project—CSC 49185
On 6/3/2017, the City and 8747 Harmon, LLC ("Developer") executed a community
facilities agreement ("CFA") for the Urban Air Project, City Secretary Contract Number 49185.
The CFA was executed based upon an engineer's estimate of probably construction costs, which
included construction of water, sanitary sewer, paving and storm drain improvements. After
execution of the CFA,the Developer decided to have the water and sanitary sewer improvements
constructed through the City's miscellaneous projects process. Additionally, the bids by the
contractors for the paving and storm drain work differed significantly from the estimates in the
CFA. A copy of the contract between the Developer and the contractor and the unit bid prices is
attached to this memorandum.
An amendment to the CFA was never executed to reflect the removal of the water and
sanitary sewer work and the actual cost of the paving and storm drain work. No change orders
were necessary to the contracts between the developer and their contractors as those contracts were
in the actual amount of the bids. This project is completed and the paving and storm drain work
has been accepted by the City. A copy of this memorandum should be filed with the contract in
the City Secretary's Office to reflect why the amounts in the CFA differ from the final green sheet
for the Project.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
00 52 43-1
Developer Awarded Project Agreement
Page 1 of 4
1 SECTION 00 52 43
2 AGREEMENT
3
4 THIS AGREEMENT, authorized on 23rd day of January, 2018 is made by and between the
5 Developer, 8747 Harmon, LLC authorized to do business in Texas ("Developer"), and
6 Rockwood Alliances, Inc., authorized to do business in Texas, acting by and through its duly
7 authorized representative,("Contractor").
8 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as
9 follows:
10 Article 1.WORK
11 Contractor shall complete all Work as specified or indicated in the Contract Documents for
12 the Project identified herein.
13 Article 2.PROJECT
14 The project for which the Work under the Contract Documents may be the whole or only a part
15 is generally described as follows:
16 URBAN AIR
17 City Project No. 100959
18 Water Project No. N/A
19 Sewer Project No. N/A
20 Article 3.CONTRACT TIME
21 3.1 Time is of the essence.
22 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract
23 Documents are of the essence to this Contract.
24 3.2 Final Acceptance.
25 The Work will be complete for Final Acceptance within 180 calendar days after the date
26 when the Contract Time commences to run as provided in Paragraph 12.04 of the
27 Standard City Conditions of the Construction Contract for Developer Awarded Projects.
28
29 3.3 Liquidated damages
30 Contractor recognizes that time is of the essence of this Agreement and that Developer
31 will suffer financial loss if the Work is not completed within the times specified in
32 Paragraph 3.2 above,plus any extension thereof allowed in accordance with Article 10 of
33 the Standard City Conditions of the Construction Contract for Developer Awarded
34 Projects. The Contractor also recognizes the delays, expense and difficulties involved in
35 proving in a legal proceeding the actual loss suffered by the Developer if the Work is not
36 completed on time. Accordingly, instead of requiring any such proof, Contractor agrees
37 that as liquidated damages for delay (but not as a penalty), Contractor shall
38 pay Developer per separate agreement between Developer and Contractor Dollars ($)
39 for each day that expires after the time specified in Paragraph 3.2 for Final Acceptance
40 until the City issues the Final Letter of Acceptance.
CITY OF FORT WORTH URBAN AIR
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 100959
Revised June 16,2016
00 52 43-2
Developer Awarded Project Agreement
Page 2 of 4
41 Article 4.CONTRACT PRICE
42 Developer agrees to pay Contractor for performance of the Work in accordance with the
43 Contract Documents an amount in current funds of Two Hundred Eighty Two
44 Thousand Two Hundred Two Dollars Three Cents($282,202.03).
45 Article 5.CONTRACT DOCUMENTS
46 5.1 CONTENTS:
47 A. The Contract Documents which comprise the entire agreement between Developer and
48 Contractor concerning the Work consist of the following:
49 1. This Agreement.
50 2. Attachments to this Agreement:
51 a. Bid Form(As provided by Developer)
52 1) Proposal Form(DAP Version)
53 2) Prequalification Statement
54 3) State and Federal documents (project specific)
55 b. Insurance ACORD Form(s)
56 c. Payment Bond(DAP Version)
57 d. Performance Bond(DAP Version)
58 e. Maintenance Bond(DAP Version)
59 f. Power of Attorney for the Bonds
60 g. Worker's Compensation Affidavit
61 h. MBE and/or SBE Commitment Form(If required)
62 3. Standard City General Conditions of the Construction Contract for Developer
63 Awarded Projects.
64 4. Supplementary Conditions.
65 5. Specifications specifically made a part of the Contract Documents by attachment
66 or, if not attached, as incorporated by reference and described in the Table of
67 Contents of the Project's Contract Documents.
68 6. Drawings.
69 7. Addenda.
70 8. Documentation submitted by Contractor prior to Notice of Award.
71 9. The following which may be delivered or issued after the Effective Date of the
72 Agreement and,if issued,become an incorporated part of the Contract Documents:
73 a. Notice to Proceed.
74 b. Field Orders.
75 c. Change Orders.
76 d. Letter of Final Acceptance.
77
78
CITY OF FORT WORTH URBAN AIR
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS CITY PROJECT NO.100959
Revised June 16,2016
00 52 43-3
Developer Awarded Project Agreement
Page 3 of 4
79 Article 6.INDEMNIFICATION
80 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own
81 expense, the city, its officers, servants and employees, from and against any and all
82 claims arising out of, or alleged to arise out of, the work and services to be performed
83 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees
84 under this contract. This indemnification provision is specifically intended to operate
85 and be effective even if it is alleged or proven that all or some of the damages being
86 sought were caused, in whole or in part, by any act, omission or negligence of the city.
87 This indemnity provision is intended to include, without limitation, indemnity for
88 costs, expenses and legal fees incurred by the city in defending against such claims and
89 causes of actions.
90
91 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense,
92 the city,its officers,servants and employees,from and against any and all loss,damage
93 or destruction of property of the city, arising out of,or alleged to arise out of,the work
94 and services to be performed by the contractor, its officers, agents, employees,
95 subcontractors, licensees or invitees under this contract. This indemnification
96 provision is specifically intended to operate and be effective even if it is alleged or
97 proven that all or some of the damages being sought were caused, in whole or in part,
98 by any act, omission or negligence of the city.
99
100 Article 7.MISCELLANEOUS
101 7.1 Terms.
102 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of
103 the Construction Contract for Developer Awarded Projects.
104 7.2 Assignment of Contract.
105 This Agreement, including all of the Contract Documents may not be assigned by the
106 Contractor without the advanced express written consent of the Developer.
107 7.3 Successors and Assigns.
108 Developer and Contractor each binds itself, its partners, successors, assigns and legal
109 representatives to the other party hereto, in respect to all covenants, agreements and
110 obligations contained in the Contract Documents.
111 7.4 Severability.
112 Any provision or part of the Contract Documents held to be unconstitutional, void or
113 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all
114 remaining provisions shall continue to be valid and binding upon DEVELOPER and
115 CONTRACTOR.
116 7.5 Governing Law and Venue.
117 This Agreement, including all of the Contract Documents is performable in the State of
118 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the
119 Northern District of Texas,Fort Worth Division.
CITY OF FORT WORTH URBAN AIR
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS CITY PROJECT NO.100959
Revised June 16,2016
00 52 43-4
Developer Awarded Project Agreement
Page 4 of 4
120
121 7.6 Authority to Sign.
122 Contractor shall attach evidence of authority to sign Agreement, if other than duly
123 authorized signatory of the Contractor.
124
125 IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple
126 counterparts.
127
128 This Agreement is effective as of the last date signed by the Parties ("Effective Date").
129
Contractor: Developer:
Rockwood Alliance,Inc. 8747 Harmon,LLC
(S 6-f- ature) (Signature)
Saleem Fernandez Michael Browning
(Printed Name) (Printed Name)
Title: Owner Title: Manager
Company Name: Company name:
Address: 1141 W. 24th St., Suite B Address: 317 S. Jenkins, Suite C
City/State/Zip: Houston, TX 77008 City/State/Zip: Grapevine,TX 76051
1/23/2018 01/23/2018
Date Date
130
CITY OF FORT WORTH URBAN AIR
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS CITY PROJECT NO.100959
Revised June 16,2016
00 42 43
DAP-BII)PROPOSAL
Page 3 of 7
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Specification Unit of Bid
No. Description Section No. Measure Quantity Unit Price Bid Value
UNIT III:DRAINAGE IMPROVEMENTS
1 0241.0800 Remove Rip Rap 0241 13 SF 258 $2.10 $541.80
2 0241.4401 Remove Headwall/SET 0241 14 EA 2 $941.89 $1 883.78
3 3349.0005 8'Storm Junction Box 33 49 10 EA 1 $8 500.00 $8 500.00
4 3341.1201 5x3 Box Culvert 3341 10 LF 598 $407.00 $243 386.00
5 3137.0104 Medium Stone Riprap,dry 31 3700 SY 45 $61.44 $2 764.80
6 3341.0201 21"RCP,Class III 3341 10 LF 30 $64.00 $1 920.00
7 3341.0205 24"RCP,Class III 3341 10 LF 28 $75.00 $2 100.00
8 3349.1000 Headwall,Box Culvert 33 49 40 CY 5.42 $548.53 $2 973.03
9 3349.1002 21"Flared Headwall,1 pipe 33 49 40 EA 2 $1 533.26 $3 066.52
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26
27
28
29
30
31
32
33
34 _
35 _
36
37
38
39
40
41
42
43
44
45
TOTAL UNIT III:DRAINAGE IMPROVEMENTS $267,135.93
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Vasion Sept=ba 1,2015 00 42 43 Bid Proposal_DAP.xIs
00 42 43
DAP-BII)PROPOSAL
Page 4 of 7
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Specification Unit of Bid
No. Description Section No. Measure Quantity Unit Price Bid Value
UNIT IV:PAVING IMPROVEMENTS
1 3213.0301 4"Conc Sidewalk 32 13 20 SF 1763 $3.94 $6,946.22
2 3213.0101 6"Cone Pvmt 32 13 13 SY 197 $32.58 $6,418.26
3 3211.0501 6"Lime Treatment 3211 29 SY 233 $3.25 $757.25
4 0241.1300 Remove Cone Curb&Gutter 0241 15 LF 55 $4.28 $235.40
5 0241.1100 Remove Asphalt Pvmt 0241 15 SY 15 $7.15 $107.25
6 13211.0400 Hydrated Lime 3211 29 TN 4 $150.43 $601.72
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26
27
28
29
30
31
32
33
34 _
35 _
36
37
38
39
40
41
42
43
44
45
TOTAL UNIT IV:PAVING IMPROVEMENTS $15,066.10
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Vasion Sept=ba 1,2015 00 42 43 Bid Proposal_DAP.xIs
00 42 43
DAP-BID PROPOSAL
Page 7 of 7
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Specification Unit of Bid
No. Description Section No. Measure Quantity Unit Price Bid Value
Bid Summary
UNIT III:DRAINAGE IMPROVEMENTS $267,135.93
UNIT IV:PAVING IMPROVEMENTS $15,066.10
Total Construction Bid $282,202.03
Contractor agrees to complete WORK for FINAL ACCEPTANCE within 180 calendar days after the date when the
CONTRACT commences to run as provided in the General Conditions.
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Vasion Sept=ba 1,2015 00 42 43_Bid Proposal_DAP.xIs