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HomeMy WebLinkAboutContract 45503 Jlo CITY SECROARY CONTRACT HOD SHORT FORM COMMUNITY FACILITIES AGREEMENT Legal Description or address: 801 W. Vi ery:blvd. Project Name: Vickery Apartment uildin HEREAS, this Agreement is by and between the City of Port worth, a Texas municipal corporation ("City"), MP "Vickery, LLC authorized to do business 'n Texas ("Developer"), and Crimson Building Company, LI C , authorized to do business 'n Texas, ("Contractor"). The parties named herein may collectively be referred to as a"Party" or the "Parties"; and WHEREAS, the Developer is the owner and/or developer of that certain property located within the City of Fort Worth's city limits at 801 W. Vickery:blvd. (provide general description,. street address, legal description') as shown on Attachment "A" incorporated herein; and WHEREAS, Developer desires to male improvements to the property consisting ,generally of Paving, Storer. Drain and Street Li is (general description) as shown on Attachment"B" "Site Plan") incorporated herein; and WHEREAS, pursuant to City of Pert Worth planning policies, Developer is to install. certain community facilities consisting of Pallying, Storm Drain and Street Li is (general. description) and valued at no more than $20,01,0 00.010 including construction costs) ("Improvements"), as wCl on Attachment "'C" (""Engineers, Est*mate of Costs") incorpor+.te herein; and WHEREAS,, Developer has engaged Contractor under, a private contract ("Developer Contract" to perform the work described herein and as depicted on the attachments hereto; and WHEREAS Developer is not seekin g City's financial participation, nor i s City ty requesting Developer to oversize the Improvements and City is not providing any funding toward the! Improvements. NOW, THEREFORE, +pity, Developer and Contractor:hereby agree as follows: AGREEMENT T 1 Contractor hereby agrees to furnish all labor, materials, tools and the necessary rn equipment for the construction and installation of the Improvements as indicated in Attachment J C. 1 1 The construction and installation of the Improvements shall a be performed according to the City's current Standard Specifications for .Public Improvements including the Standard City Conditions of the Construction Contract for Developer Awarded Projects, as each may be amended from time to time, and any applicable Special Provisions as may be required for the 1 J Short Fo n CFA(Issued 2.07.2013) Page of 4 RECEIVED APR 1' 1 3 Project. where any discrepancies occur between the Special Provisions and the Standard Specifications, the Special Provisions shall govern. Such construction and installation and the location thereof shall be approved by the City's Director of the Transportation and Public works Department, or his or her designee, prior to beginning work. III. A. It is agreed by and between the parties that the City has an interest in the proper performance of the installation of the Improvements. Developer and Contractor hereby grant to the City a non-exclusive right to enforce the Developer Contract for the installation of the Improvements, along with an assignment of all warranties given by 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. B. The Policy for the Installation of Community Facilities dated March 2001, approved by the City Council of the City of Fort worth and as subsequently amended (the "Policy"), is hereby incorporated by reference as part of this Agreement for all purposes. Unless otherwise specifically stated herein, Developer agrees to comply with all provisions of the Policy applicable to a "Developer" in the performance of its duties and obligations hereunder and Contractor agrees to comply with all provisions of the Policy applicable to a Developer's contractor as described by the Policy. C. Developer shall not be required to provide a developer's financial security. D. Contractor agrees to cause the construction of the Improvements 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 Improvements and the exhibits attached hereto. E. Developer shall pay to the City, in cash, fees for the construction inspection (4%) and material testing(2%)based on the construction cost of the Improvements. F. Prior to acceptance of the Improvements by the City, Developer and Contractor must provide in writing a statement that Contractor has been paid in full by Developer for all services related to the Improvements. Additionally, Contractor will submit an Affidavit of Bills Paid and Consent of Surety signed by the general contractor's surety (if any) to ensure that all subcontractors and suppliers for the Improvements have been paid in full. G. Developer shall award and oversee all contracts for the construction of the Improvements. H. Except as otherwise stated in this Agreement, Section II, Paragraph 8, Administration of the Construction Contract, Subsections B., C. 1, C. 3, C. 4, C. 6, F. and G. of the Policy do not apply. r. s I, Contractor must be prequalified to perform work by the director of the department having jurisdiction over the infrastructure to be constructed, said contractor to also meet City's requirements for being insured, licensed and bonded to do work in public streets. J. Contractor shall give 48 hours' notice to the City's Construction Services Division of intent to commence construction so that City inspection personnel will be available; Contractor shall allow the construction to be subject to inspection at any and all times by City inspection forces, and shall 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 Contractor shall make such laboratory tests of materials being used as may be required by the City. K. Developer and Contractor shall have fully executed contract documents submitted to the City prior to scheduling 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 Contractor. L. Developer agrees to provide, at its expense, all engineering drawings and documents necessary to construct the improvements required by this Agreement. M. The City shall not be responsible for any costs for the relocation of any utilities that are or may be in conflict with any of the community facilities to be installed hereunder. The following checked items are associated with the project being undertaken; checked items must be included as Attachments to this Agreement: Included Attachment X Location Map Exhibit A: water Improvements Water Estimate Exhibit A-1: Sewer Improvements Sewer Estimate X Exhibit B: Paving Improvements .X Paving Estimate X Exhibit B-1: Storm Drain Improvements X Storm Drain Estimate X Exhibit C: Street Lights and Signs Improvements X Street Lights and Signs Estimate Iv, A. It is agreed by and between the parties that a Maintenance Bond, in the form as provided by City, in the amount of One Hundred Percent (100%) of the Improvements shall be furnished by Contractor in favor of City for a period of two (2) years from the date of acceptance of the Improvements. B. In the event the amount of this contract is in excess of the sum of Twenty-Five Thousand Dollars ($25,000.00), a Performance Bond, in the form as provided by City, in the Short Form CFA(Issued 2.07.2013) Page 3 of 9 4 F k amount of One Hundred Percent(104%) of the Improvements shall be furnished by Contractor in favor of Developer and City. C. In the event the amount of this contract is in excess of the sum of Twenty-Five Thousand Dollars ($25,000.00), a Payment Bond, in the form as provided by City, in the amount of One Hundred Percent (100%) of the work shall be furnished by Contractor in favor of City and Developer and is intended for the benefit of all persons, firms and corporations who may furnish materials for or perform labor under this Agreement and the Developer Contract. V. Developer hereby agrees to pay Contractor for the work performed hereunder pursuant to the Developer Contract. VI. A copy of the Standard Specifications for Public Works Construction can be obtained by the Contractor the City of Fort Worth's Buzzsaw site at http://bit..Iy/XWgOyj VII. This contract shall bind the parties, their heirs, successors, assigns and representatives for the full and faithful performance of the terms hereof,jointly and severally. VIII. It is understood and agreed that all installations of Improvements made under the terms of this Agreement shall, upon acceptance of same by the City, immediately become the property of the City, as provided for by separate instrument, or this Agreement. IX. A. The Developer 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 3 employees, whether or not such injuries, death or dam a es are caused in whole or in "r t art by the alleged n e li en ce of the CLq o 1�'ort Worth its o rcers servants or ent l o ees. B. Contractor covenants and agrees to, and by these presents does hereby, fully 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 damg es are caused in whole or in part, by the alle ed ne li ence of the Citp of Fort Worth-,--its officers, servants, or employees., Further, Contractor indemnifies, and holds 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. X11 Contractor shall, at its own expense, purchase, maintain and keep in force during the term of this Agreement such insurance as set forth below. Contractor shall not commence work under this contract until it has obtained all the insurance required under the Agreement and such insurance has been reviewed by the City; nor shall the Contractor allow any subcontractor to commence work on his subcontract until all similar insurance of the subcontractor has been obtained. All insurance policies provided under this contract shall be written on an "occurrence" basis. WORKERS' COMPENSATION INSURANCE Workers' Compensation Statutory Limit Employers Liability $100,000 Each Accident. $500,000 Disease Policy Limit LIABILITY INSURANCE Commercial General Liability $1,000,000 Per occurrence $2,000,000 Aggregate (No standard coverages are to be excluded by endorsement) AUTOMOBILE LIABILITY INSURANCE Commercial Auto Liability Policy $500,000 Combined Single Limit (Including coverage for owned,hired, and non-owned autos) Short Form CFA(Issued 2.07.2013) Page 5 of 9 UMBRELLA LIABILITY $1,000,000 Each occurrence (Following Form and Drop Down provisions included) It is agreed by all parties to this contract that the insurance required under this contract shall: (A) Be written with the CITY OF FORT WORTH as an additional insured on General, Automobile and Umbrella Liability Insurance policies. (B) Provide for thirty (30) days written notice to the CITY OF FORT WORTH, before any insurance is cancelled, non-renewed or material changed, or any other cause. (C) Be written through companies duly authorized to transact that class of insurance in the State of Texas. Companies shall have a minimum A.M. Best rating of A VII. (D) Waive subrogation rights for loss of damage so that insurers have no right of recovery or subrogation against the CITY OF FORT WORTH, it being the intention that all required insurance policies shall protect all parties to the contract and be primary coverage for all losses covered by the policies. (E) Provide Certificates of Insurance evidencing the required coverage. Each original copy of the Agreement shall have a copy of the valid certificate of insurance attached. XI. If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, or conditions of this contract are held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, or conditions of this contract shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. XII. This Agreement is performable in the State of Texas and shall be governed by Texas Law. Venue shall be in the county in which the work under this Agreement is performed. XIII. This Agreement may be executed in multiple counterparts which, when taken together, shall be a part of one document. EXECUTED by the parties in multiples, effective as of the later date subscribed by a Party hereto, as set forth below: uITY OF FORT WORTH DEVELOPER: MP Vickery, LLC By: MPC Vickery MM, , ger, LLC o�" 000 jj� By*-- oA.40 Fernando Costa, NAME R.A�A iorlbmrolc Assistant City Manager TITLE ioAA Date: Dat e: 114114 .recommended By: CO,NTRAC C, Crimson uilding Co parry, LLC By: Dougla Wiersig v NAM II'Mle Director, T Department TITLE 4) Date: Approved As To Form And Legality: Masi 6 cYu as I'll W. Black M&C: Assistant City Attorney Date-. Ik ST* of arIy J. Kayser IF -0 City Secretary 00 0 0 000 40� Short Fonn CFA(Issued 2.07.20,13) Page 7 of 9 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authon*ty, a Notary Public in and for the State of Texas, on this day personally appeared Fernando Costa, known to me to be the person whose name is, subscribed to the foregoing instrument, and acknowledged to me that the same was the act of City of Fort Worth, and that he executed the same as the act of City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2014 7AIZ4 Notary Public in and for the State of Texas LINDA M.HIRRLINGER MY COMMISSION EXPIRES Febmary 2,2018 tl 'T A ..,-.TE OF TEYAS § COUNTY OF TAR RANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared o Y pg"' Pjo known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of Developer )I C and that he executed the same as,the act of DEVELOPER'S LEGAL NAME for the purposes and consideration therein expressed and in the capacity therein stated. y 4- #' 2014 GIVEN UNDER MY HAND AND SEAL OF OFFICE this da av� Notary Public and for the State of Texas R!Hotfl' y b I i" C April 29, 2014 ........... ........... Short Form CF'A(Issued 2.017.2013) Page 9 of 9 5 LCCAWN: Z:`PROJEC7S\2013--071 PRIMROSE VICKERY\CADD\EXH S17\CFA E*iIB17S1VIC MAP.D G 8TH u m m I SU M ....... ....... rn E DERSON ST ; .......... � CD C.-: > > rn � rn LIF)SCOAB J. HENIPHI L 'T :i JENP41NGS x m cM Pod C, o � rn I� IN S VIEW ow tag o m � C2 Larch Iz mmo M-4 z� M Mom n v 66Lo-R#NOIIdMIJ3U SVi{31 Y, TEXAS REGISTRATION 414199 cm w G UJo w ~ W uj (9 uj Ix d W 0- he w w J�v W © x a! . W C]J t7 ❑a. a: 0 a. cry W LLJ ' p H U) cm W4 Ln ��Pc.. •_• v - S;.t, 1 1 0 fl C7 + r f 6 i 4 i ��• f J{ fl � r as SnnOSd l x p i - :.�e•-'max...]: -.�:,;S..: — -"LF?:'-..':.s_.-,.., `''" _ _ _ v.. y ..r :x r�r > I � D _ i.� i• ��'17 3 s s a�•f)NL&vd ❑—S\StISIMG VM\LI8I \GCIV3\,kMWl► 3SOMMUd UO--CtOZtiSI0 VA=7 :NOur301 TEXAS REGISTRAMN#14199 cm 5 0 z 0 Cq UJ uj W r,tu Z-C?<R 0 o r— co LLF C-4 2 W CD Lu 0©0 w 3: uj W Z F Z co U Z wf Ln-0 1 0 0 LU x F- 0 CL D W w z 0 o Z Lu If 0, z w Lu X w co.) U-W, LLJ 60 Liu 0 w CO 0 Ln 0 z z F- f a. F-LL W 0 f D LL 0 0 U)P(D u) w ........... 3dld NUOIS11917 f V1 f "IS GINOOSdil ........... rj - Wes. ..- 3. �-~ �� f u in w w W 0 z w m w Z W LLI U) z z LU w (L 0 Z 0- x ca < w U) CO wow:o W 0 Z Z Z 0 0 0 0- w z F- CP 0 P—p I saa*Nivm vmis 1-a\summ v4\v9i�a&J\AMM3R 3SoHVVWd Uo--C tOZ\SL03Mlfd\-Z "NOMV301 TEXAS REGISTRATION#94199 Elm Y- r Q 1 � f a. 0 zD f CO J L30 LU a0a Wrn U) r t n u Q 0 j C i E Co 0- z I ° { _j o € ( 0 m�-- f CLInD0 V LU <0Z r °0�° Z❑U J P D z 0 P-4 o W LU -- 0 °a.}� 5 P ° ° ii # F w 0 Z f [17 ❑d co U � z LL y Q 0 D z W R D 0 �— ca>- �.. ob 0� z m - i /rte d G] � �w�� w W co IL �. ❑ �Wf ❑ o U ❑ ❑ t. Ll. 0 z J LL D C7 i 0 ; w L (L a W LLIJI J ate\ V. 1L 1 Q0t0Z\Si0 -7 : LL , 004243 BID PROPOSAL Page 3 of 6 PROPOSAL FORM UNIT PRIDE BID PAVING IMPROVE MENTS Bidder's Application VICKERY APARTMENTS Bidders Proposal Bidlist Itetu Specification Section Unit of: Description Unit Price. Bid Valu�;� No. No. Mettsiiie p iitity I Remove Sidewalk 0241.0100 SF 3400 $2.00 $6,800:00 2 Remove Asphalt Pvmt 0241.1100 SY -.2013 $2.00 $404.00 3 Remove Conc Curb&Gutter 0241.1300 .LF 3g $2.00 $76.00 4 Site Clearing 3110.0101 LS 1 $ 00.00 $106 00 5 10'Wide Asphalt Pvnit Repair,Industrial 3201.0137 LF .175 $49.00 $8,575.00 6 6"Lime Treatment 3211.0501 5Y 327 $45.00 $14,715;00 7 HMAC Transition 3212.0401 TN r' ::3.... $50.00 $150.,;00 8 6"Colic Pvmt 3213.0101 SV. X92+, $45.00 $13,1401.00 9 4"Conc Sidewalk 3213.0301 SF 2 05 $4.00 $8,820.00 10 6"Concrete Driveway 3213.0401 SF 1195 $7.00 $8,365.00 I I Barrier Free Ramp,Type R-1 3213.0501 EA 1 $350.00 $350.00 12 Barrier Free Ramp,Tye e P-1 3213.0506 EA 2 $350.00 $700.00 13 6"Conc Curb and Gutter 3216.0101 LF 211 $8.00 $1,688.00 14 4"SLD Pvmt Markin HAS(NV) 3217.0001 LF 520 2.00 $1,040.00 15 Topsoil 3291.0100 CY 20 15.00 $300.00 16 Block Sod Placement 3292.0100 SY 122 10.00 $1,220.00 ,,. Total Base Biel $66,443:00 Alternate Bits Total Alternate Bid Ij Deductive Alternate Bid __ ITi.YcitaI veduetive alternate Bid Additive Alternate Bid _ tT_ b id Additive Alternate Bid ..., ,._Total Bld Pai iag Section $66,443001 r: MY OF FORT NVORTx STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Re%ised 20120120 : CFA Copy of Bid Doctunent.xls 004243 BID PROPOSAL Page,4 of 7 PROPOSAL FORM ; UNIT PRICE BID STORM �1PRC?VEMENT Bidder's A lication ll VICKERY APARTMENTS Bidders Proposal Bidiist Item Description Specification Section Unis'af ''Bic]} Unit Price Bid�L�alue NO. No. Measure t e Qt at }r I Remove/Replace Stonn function Structure 0241.3501 LS 1 $1,000.00 $1,000.00 Total Base Bid $'t,v4v 00 s ;.. Alternate Bid Tot ],Alternate Bid Deductive Alternate Bid Total Deductive Alternate Bid Additive Alternate Bid Total Additive Alternate Bid Total Bid Storm Sertin11 $11000.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - Forni Retised 20120120 CFA Copy of Hid ba&E tne�t-x s �:,.,.. . ! nJ'f°� ] 00 42 43 BID PROPOSAL Page 5 of 6 PROPOSAL FORM UNIT PRICE BID STREET LIGHT MPROVEMENTS 'Bidder's Application VIGIERY APARTMENTS Biddei's Proposal Bidlist Item Specification Section Uiiit'vf, Bid- T Description Unit Price Bid'Laiu No. No. Measure o antity 1 Conduit Box 2605.2101 EA -. 2 $355.00 $710.00 2 2"CUNDT RM(Riser) 2605.3014 LF 24 $5.00 $120:00 3 2"CDNDT PVC SCH 80(T) 2505.3015 LF 463 $0.00 $2,71$..00 ............. 4 I00NN'TNIH PC LIGHTING FATIRE 3441.3103 EA ,:,G : $2,500.00 $15,000:00 Total Base Bid $1$,60$#00 s Alternate Bid Total Alternate Bid Deductive Alternate Bid s, Taal Deductive Alternate Bid;- Additive Alternate Bid ..:' Total Additive Alternate Bid Total Bid Lighting Section $18,80$.00 CITY OF FORT NORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Farm Revised 20120120 CFA Copy of Bid Docttment.Xis f