HomeMy WebLinkAboutContract 43863 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No
WHEREAS, the undersigned Developer ("Developer") desires to make certain
improvements ("Improvements") related to a project as described below ("Project"), an
addition to the City of Fort Worth, Texas ("City"); and
WHEREAS, the Developer and the City desire to enter into this "Agreement" in
connection With the Improvements.
Developer Information:
.Developer Company Name: 4850 N.E. Loop 820, LLC
Address, State, Zip Cade: P.O. Box 12844 1 Arlington,TX 75012
Phone, E--Mail: (817)277-8441
Authorized Signatory/Title: Bill Watt,Manager
Project Name: Unclaimed Freight Company
Project Location: Willow Springs Rd. &NW HWY 287
Plat Case No.: FP-012-035 Plat Name: Olivia Addition
Mapsco: 19 B, C Council District: City Project No: 01935
CFA: 2012-054 DOE: 6868
To be complet d b to f:
Received by: Date:
..................P
FFICIAL RECORD
CITY SECRETARY
0 7-12 p o 5- 3 r-T,WORTH,TX
NOW,THEREFORE, KNOW ALL BY THESE PRESENTS:
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 and
subsequently amended from time to time via a Mayor and Council
Communication adopted by the City Council of the City of Fort Worth, is
hereby incorporated into this Community Facilities Agreement ("CFA") 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 paragraph 6,
Section II, of the Policy and recognizes that there shall be no reduction in the
collateral until the Project has been completed and the City has officially
accepted the infrastructure. Developer further acknowledges that said
process requires the contractor to submit an Affidavit of Bills paid signed by
its contractor and Consent of Surety signed by its surety to ensure the
contractor has paid the sub-contractor and suppliers in full. Additionally,
the contractor will provide in writing that the contractor has been paid in
full 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 are made a part hereof: water (A) X
Sewer (A-1) Paving (B) Storm Drain (B-1) , Street Lights &
Signs (C) ,,..�.
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E. The Developer shall award all contracts for the construction of community
facilities in accordance with Section 11, paragraph 7 of the Policy and the
contracts for the construction of the public infrastructure shall be administered
in conformance with paragraph 8, Section II, of the Policy.
F. For all infrastructure included in this Agreement for which the Developer
awards construction contracts), 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 insured, licensed and
bonded to do work in public streets and/or prequalified to perform
water/waste water 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 insuring the maintenance
and repair of the constructed infrastructure during the term of the
maintenance 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 ACORD Certificate of
Insurance supplied by the contractor's insurance provider and bound in the
construction contract book.
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iv. To require its contractor to give 48 hours notice to the City's Construction
Services Division of intent to commence construction so that City
inspection personnel will be available; and to require the contractor to allow
the construction to be subject to inspection at any and all times by City
inspection forces, and not to 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 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 until said sewer and water mains and
service lines have been completed to the satisfaction of the water
Department.
G. Developer agrees to provide, at its expense, all engineering drawings and
documents necessary to construct the improvements required by 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.
1. City shall not be responsible for 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.
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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, his 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, his contractors, sub-contractors,
officers, agents or employees, whether or not such injuries, ,death or
dams es are caused in whole or in part, bv the alle ed ne li ence of
the City of Fort Worth, its offlcers, servants or em loyees.
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 damazes are caused, in whole or in-part hv the
alleged ne li ence of the City of Fart Worth its of
rcers servants ar
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
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defects, in conformance with the Policy, and in accordance with all p lans and
specifications and shall- cause to be executed and delivered to the Cit y an
indemnity agreement from such contractors on a form to be promulgated b y the
City
N. Upon completion of all work associated with the construction of the
infrastructure and 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. The City's obligation to participate (exclusive of front foot charges) in the
cost of the community facilities shall terminate if the facilities are not
completed within two (2) years; provided, however, if construction of the
community facilities has started within the two year period, the developer
may request that the CFA be extended for one year. If the community
facilities are not completed within such extension period, there will be no
5
further obligation of the City to participate. City participation in a CFA
shall be subject to the availability of City funds and approval by the Fort
Worth City Council.
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 agrecmcnts.
iii. The City may utilize the Developer's financial guarantee submitted for this
Agreement to cause the completion of the construction of the community
facilities if at the end of two (2) years from the date of this Agreement the
community facilities 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 community facilities or to cause the
payment of costs for 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.
(REMAINDER.OF PAGE INTENTIONALLY LEFT BLANK)
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Cost Summary Sheet
Project Name: Unclaimed Freight Company
CFA No.: 2012-054 DOE No.: 6868
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 $ 61,459.00
2.Sewer Construction $ _
Wafer and Sewer Construction Total $ 61,459.00
B. TPW Construction
1.Street $
2.Storm Drain $
3.Street Lights Installed by Developer $ ..
TPW Construction Cost Total $
Total Construction Cost(excluding the fees): $ 61,453.00
Construction Fees:
C. Water/Sewer Inspection Fee(2%) $ 1,229.18
D. Water/Sewer Material Testing Fee(2%) $ 1,229.18
Sub-Total for Water Construction Fees $ 2,458.36
E. TPW Inspection Fee(4%) $ -
F. TPW Material Testing(2%) $
G. Street Light Inspsection Cost $
H. Street Signs Installation Cost $ -
Sub-Total for TPW Construction Fees $ -
Total Construction Fees: $ 2,458.36
Choice
Financial Guarantee Options,choose one Amount ck one
Bond =100% $ 61,459.00
Completion Agreement=100%1 Holds Plat $ 61,459.00
Cash Escrow Water/Sanitary Sewer= 125% $ 76,823.75
Cash Escrow Paving/Storm Drain= 125% $ -
Letter of Credit= 125%w/2 r expiration period I $ 76,823.75
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IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be executed
in quadruplicate in its name and on its behalf by its Assistant City Manager, attested by its City
Secretary, with the corporate seal of the City affixed, and said Developer has executed this
instrument in uadruplicate, at Fort Worth,Texas this�_ =� --' !day of Ad,</
r-
120
CITY of FORT WORTH-Recommended by:
Water Department Transportation& Public Works Department
e
Wend Ch' Babulal, EMBA, P.E. Dougl W. Wiersig,P.E.
Y
Developm t Engineering Manager Director
Approved to.Form &Legality: Approved by City 1llanager's Off ice
Dou ack Fernando Costa
Assistant City Attorney Assistant City Manager
f
M&C Igo.
Date:
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City Sec ,It
ATTEST: 4850 N.E.Loop 820,LLC
Signature
Sig afore Signa `
Name: _ C Print Name:
(Print) 07— J
Title:
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OFFICIAL RECORD
CITY SECRETARY
FTa WORTH, TX
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D.O.E. No: sass
LOCATION MAP WATER N0: P265-607150193583
CITY PROJECT N0. 01935
"OLIVIA ADDITION" X-21907
WELCH ENGINEERING, INC.
CONSUL TING ENG INEERS
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2" COPPER
SERVICE W/METER
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1 1/2 tv COPPER
SERVICE W/METES �
BOX (IRRIGATION
y PROP 12"W
100 DEVELOPER'S COST
.♦� 12" WATER LINES, FIRE HYDRANTS,
GATE VALVES AND ASSOCIATED
APPURTENANCES
SCALE: 1"=200'
EXHIBIT "A" D.O.E. N0: 6868
WATER IMPROVEMENTS WATER N0: P265-607150193583
CITY PROJECT N0. 01935
"OLI VIA ADDITION" x-21907
WELCH ENGINEERING, INC.
CONSUL TING ENGINEERS
PART B — PROPOSAL
DEVELOPER AWARDED CONTRACTS
This proposal must not be removed from this book of Contract Documents.
TO: 4856 N.E.LOOP 826, L LC
PROPOSAL FOR: PROJECT NAME: UNCLAIMED FREIGHT COMPANY
WATER PROJECT NO. P265-6071 501 93583
SEWER PROJECT NO. NIA
FILE NO. NIA
X NO. 21907
CITY PROJECT NO. 61935
IncludeLs the furnishing of all materials, except materials specified to be furnished by the City,
equipment and labor for the installation of WATER LINE INSTALLATION and all necessary
appurtenances and incidental work to provide a complete and serviceable project designated as:
UNCLAIMED FREIGHT COMPANY
Pursuant to the foregoing 'Notice to Bidders', the undersigned Bidder, having thoroughly
examined the Contract Documents, including plans, special contract documents, the General
Contract Documents and General Specifications for Water Department Projects, the General
Contract Documents and General specifications for Transportation and Public works Projects, the
site of the project and understanding the amount of work to be done, and the prevailing
conditions, hereby proposes to do all the work, furnish all labor, equipment and material except
as specified to be furnished by the City, which is necessary to fully complete the work as
provided in the Plans and Contract Documents and subject to the inspection and approval of the
Director of the Department of Transportation & Public Works of the City of Fort Worth, Texas;
and binds himself upon acceptance of this Proposal to execute a contract and furnish an approved
Performance Bond, Payment Bond, Maintenance Bond, and such other bonds, if any, as may be
required by the Contract Documents for the performing and completing of the said work.
Contractor proposes to do the work within the time stated and for the following sums:
Updated:813012010
PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT 'TO'T'AL
ITEM QUANTITY PRICES WRITTEN IN WORDS VALUE 'VALUE
WATER
t. 640 LF 12-inch PVC water pipe,DR-14 Class 204,
complete and in-piace
Forty Two Dollars&
and_ none - Cents per LF $ 42.00 $ 26,$$0.00
2. l LF 18-inch PVC water pipe,DR-l4 Class 200,
complete and in-place
Twenty Eight Dollars&
and none - Cents per LF $ 28.00 $ 280.00
3. 10 LF 2-inch Water Service, complete and in-place
Sixty Dollars&
and none Cents per LF $ 60.00 $ 600.00
4. 1 EA 2--inch Tap,complete and in-place
Fight Hundred Twenty Fib81lars&
and none _ Cents per EA $ 825.00 $ 825-00
5. 1 EA Class"'B"' Meter Box,complete and in-place
Two Hundred F f��� ��Dollars&
and none Cents per EA $ 250.00 250.00
6. 1 EA 12-inch resilient seat gate valve,wlbox,
extension stern(Figure 3,Part R of General
Specs),complete and in-place
Two Thousand One Hundred
Ninety Dollars&
I
and none Cents per EA $ 25190.00 $ 2,190.00
7. 14 LF 1-112 inch Water Service, complete any}in-place
Fifty Dollars&.
and none Cents per L.F $ 50.00 $ 500.00
$. I .EA I-1/2-inch Tap,complete and in--place
Seven Hundred Sevent
Y Dollars&.
and none Cents Per FA $ 770.00 $ 770.00
9, l £A Class"B" Meter Box,complete and in-place
Two Hundred Fif ty Dollars&
and none Cents per EA j$ 250-00 $ 250.00
PAY APPROXIMATE: DESCRIPTION OF ITEMS WITH BID UNIT TOTAL
ITEM QIJANJTY PRICES WRITTEN IN WORDS VALUE VALUE
10. 1 .EA 8-inch resilient seat gate valve,wfbox,extension
stem(Figure 3,Part E of General Specs),
cornplcte and in-place
One Thousand Two Hundred
Ninety Dollars&
and none Cents per EA s 1,290.00 1,290.00
11_ 1 EA 36"x 12"Tapping Sleeve and valve Connection
to existing water line,complete and in-place
Nine Thousand One Hundred
Eighty Seven Dollars&
and atone Cents per EA 9y187.00 $ 9,187.00
12, 1 EA. 12-inch Plug, complete and in-place
Three Hundred Forty Five
Dollars&
and none Cents per EA 345.00 s 345.00
13. 1 EA 8-inch Plug; complete and in-place
Three Hundred Twenty Five
Dollars&
and none cents per EA 325.00 325.00
14. 1 EA .Dire Hydrant Assembly,included hydrant,with
(3'-6"bury), 6"lead pipe,fine valve and box,
fittings,and blocking, complete and in-place.
Four Thousand Three Hundred
Fifty
Dollars&
and none ,.-._... Cent per EA $ 4,350.00 $ 42350-00
15, l LS Cast Iron Finings and blocking,furnish and
installed and complete and ire-place
Three Thousand Four Hundred
Seventy Dollars&
and none Cents per LS s 3,4 70.00 $ 31470.00
16, 2 CY Crushed limestene for miscellaneous placement
as directed by Engineer/City inspector
Thirty Sim. Dollars&
wd none Cents per CY $ 36.00 $ 72.00
17, 2 CY Ballast Stone miscellaneous placement as
directed by Engineer/City Inspector
Forty Five Dollars&
and none Cents per CY $ 45.00 $ 90100
18. 654 LF Trench safety systern
Two Dollars&
and none Cents per LF $ 2.00 $ 13300.00---Ji
PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT TOTAL
ITEM QUANTITY PRICES WRITTEN IN WORDS VALUE VALUE
19. 1 LS Chlorinate and PreSSUTe Test
Fight Hundred Ninety Dollars&
and - rione Cents per LS S 890.00 8 9 0.0 0
20. 1 SAC Sodding within the disturbed area within
Easement area
Twelve Dollars&
and .twenty-f iye._�. Cents per I'S S 12.25 S 12.25
21. 1 LS Storm Water Management per City of Et.Worth
crit�ar�a
Four Thousand Thirty Five
Dollars&
and none Cents por LS $ 4,(135.00 S 4,035.00
WATER TOTAL S .57,t911-25
NOTE THAT THIS SCHEDULE OF VALUES MUST EQUAL AMOUNT BID.
PART B - PROPOSAL (Cont.)
After acceptance of this Proposal, the undersigned will execute the formal contract and will
deliver an approved Surety Bond and such other bonds as required by the Contract Documents,
for the faithful performance of the Contract. The attached bid security, if required is to become
the property of the Developer.
The undersigned bidder certified that he has obtained at least one set of the General Contract
Documents and General Specifications for Water Department Projects dated January 1, 1978,
and that he has read and thoroughly understands all the requirements and conditions of those
General Documents and the specific Contract Documents and appurtenant plans.
The successful bidder shall be required to perform the work in accord with the following
publications, both of which are incorporated herein and made a part hereof for all
purposes:
1. The General Contract Documents and General Specifications for Water
Department Projects dated January 1, 1978, which may be purchased from the
Water Department.
2. The Standard Specifications for Street and Storm Drain Construction which
may be purchased from the Department of Transportation & Public Works.
The undersigned assures that its employees and applicants for employment and those of any labor
organization, subcontractors, or employment agency in either furnishing or referring employee
applicants to the undersigned are not discriminated against as prohibited by the terms of City
Ordinance No. 7278 as amended by City Ordinance No. 7400.
The Bidder agrees to begin construction within Ten ( 10 } calendar days after issue of the
work order, and to complete the contract within Thirty 30 ) calendar days after
beginning construction as set forth in the written work order to be furnished by the Owner.
(Complete A or B below, as applicable:)
E:] A. The principal place of business of our company is in the State of
Nonresident bidders in the State of , our principal
place of business, are required to be percent lower than resident bidders
by state law. A copy of the statute is attached.
Non resident bidders in the State of , our principal
place of business, are not required to underbid resident bidders.
® B. The principal place of business of our company or our parent company or
majority owner is in the State of Texas.
Updated:813 012010
I(we) acknowledge receipt of the following addenda to the plans and specifications, all of the
provisions and requirements of which have been taken into consideration on preparation of the
foregoing bid:
Addendum No. l (Initials) Addendum No. 3 (Initials)
Addendum No. 2 (Initials) Addendum No. 4 (Initials)
Respectfully submitted,
Conn & sons Construction, Inc.
By:
6CA'_ � 1- -) t_L
ray W. are
Title
President
Address
4 715 Turner Warne l l Rd.
Arlington, TX 76101-2942
Telephone:
817-572-0753
Fax: 817-572- 1705
Updated:8/30/2010
STANDARD FORM OF AGREEMENT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
THIS AGREEMENT, made and entered into this 8t11 day of October
A.D. 2012 by and between 4850 N.E. Loop 820 LLC of the County of
Tarrant and State of Texas, acting through
61 w n� thereunto duly authorized so to do, Party of the First Part,
hereinafter termed D VELOPER, and Conn & Sons Construction of the City of
Arlington , County of Tarrant and State of
Texas , Party of the Second Part,hereinafter termed CONTRACTOR.
WITNES SETH: That for and in consideration of the payments and agreements hereinafter
mentioned, to be made and performed by the Party of the First Part (DEVELOPER),and under the
conditions expressed in the bonds bearing even date herewith, the said Party of the Second Part
(CONTRACTOR),hereby agrees with the said Party of the First Part(DEVELOPER)to commence
and complete the construction of certain improvements described as follows:
UNCLAIMED FREIGHT COMPANY
and all extra work in connection therewith,under the terms as stated in the General Conditions of the
Agreement and at his (or their) own proper cost and expense to furnish all the materials, supplies,
machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services
necessary to complete the said construction, in accordance with the conditions and prices stated in
the Proposal attached hereto,and in accordance with the Notice to Contractors,General and Special
Conditions of Agreement, Plans and other drawings and printed or written explanatory matter
thereof, and the Specifications and addenda therefor, as prepared by
WELCH ENGINEERING INC.
1305 Norwood Drive Suite 200
Bedford Texas 75022
herein entitled the DEVELOPER'S ENGINEER, each of which has been identified by the
CONTRACTOR and the DEVELOPER'S ENGINEER,together with the CONTRACTOR'S written
Proposal,the General Conditions of the Agreement,and the Performance and Payment Bonds hereto
attached: all of which are made a part hereof and collectively evidence and constitute the entire
contract.
The CONTRACTOR hereby agrees to commence work within (10)
calendar days after the date written notice and to substantially complete the same within (30)
calendar days after the date of the written notice to commence work, subject to such extensions of
time as are provided by the General and Special Conditions.
Updated:8/30/2010 Page 1 of 2 of Standard Form of Agreement
The DEVELOPER agrees to pay the CONTRACTOR in current funds the price or prices
shown in the proposal, which forms a part of this contract, such payments to be subject to the
General and Special Conditions of the contract.
IN WITNESS WHEREOF,the parties to these presents have executed this Agreement in the
year and day first above written.
4850 N.E. Loop 827 LLC Conn & Sons Construction, Inc.
Party of the First Part Party of the Second Part
(DEVELOPER) (CONTRACTOR)
By:Y5' �7
By:
006 1 ATT T: AT
Updated:8/30/2010 Page 2 of 2 of Standard Form of Agreement