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CONTRACT NO. ,% ..
SHORT FORM COMMUNITY FACILITIES AGREEMENT
Legal Description or Address: Lot 43, Block 12 of the Vista West West Subdivision
Project Name:Vista West West
WHEREAS, this Agreement is by and between the City of Fort Worth, a Texas municipal
corporation ("City"), FW Vista West II, L.P., authorized to do business in Texas ("Developer"),
and Conatser Construction TX L.P. authorized to do business in 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 Lot 43, Block 12 of the Vista West West
subdivision (provide general description, street address, legal description) as shown on
Attachment"A" incorporated herein; and
WHEREAS, Developer desires to make improvements to the property consisting
generally of Paving and Street Lights (general description) as shown on Attachment "B" ("Site
Plan"), incorporated herein; and
WHEREAS, pursuant to City of Fort Worth planning policies, Developer is to install
certain community facilities consisting of Paving and Street Lights (general description) and
valued at no more than $200,000.00 (including construction costs) ("Improvements"), as shown
on Attachment"C" ("Engineers Estimate of Costs"), incorporated 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 seeking City's financial participation, nor is City
requesting Developer to oversize the Improvements and City is not providing any funding
toward the Improvements.
NOW, THEREFORE, City, Developer and Contractor hereby agree as follows:
AGREEMENT
I.
Contractor hereby agrees to furnish all labor, materials, tools and the necessary
equipment for the construction and installation of the Improvements as indicated in Attachment
C.
IL
The construction and installation of the Improvements shall be performed according to t
the City's current Standard Specifications for Public Improvements including the Standard City
Conditions of the Construction Contract for Developer Awarded rroject&,,-,,a&„•,-each be
�n FFICIA L RE [ j�I
Short Form CFA(Issued 2.07.2013) Page 1 of 9 CITY SECRE
I rsr.vinr rrm YX
RECEIVED JUN
amended from time to time, and any applicable Special Provisions as may be required for the
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.
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
Exhibit B-1: Storm Drain Improvements
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.
Short Form CFA(Issued 2.07.2013) Page 3 of 9
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
amount of One Hundred Percent(100%) 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.ly/XWgV
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
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.
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 damages are
caused, in whole or in part, by the alleged negligence of the City 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.
X.
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
Short Form CFA(Issued 2.07.2013) Page 5 of 9
Commercial Auto Liability Policy $500,000 Combined Single Limit
(Including coverage for owned, hired, and non-owned autos)
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 Parry
hereto, as set forth below:
CITY OF FORT WORTH DEVELOPER:
FW Vista West II, L.P.
By: FW VW II Corporation
its general partner
Fernando Costa, NAM
Assistant City Manager TITLE:
Date: t* Date: iQ1;24
Recommended By.- CONTRACTOR:
Conatser Construction TX, L.P.
-J, 'J
By:
Douglas, . Wiersig NAME: Brock Huggins,Vice President of
Director, TPW Department TITLE: Conatser Mgmt Group,Inc,G.P.
Date:
Approved As To Form And Legality:
Douglas W. ack M&C:
Assistant City Attorney Date:
UUUUUOppUUU
aU UUm
A
Mary I. T'e ! �_°a City Sec y ��
CWFICIAL RECORD
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Short Form CFA(Issued 2.07.2013) Page 7 of 9 C1,, ,y SECRETARY
iu 6 1111;`111°Fi°l Tx
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, 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
Notary Public in and for the State of Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this
day personally appeared ,t -u ( ey-c , 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 F W w e,5+ , ° 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 36'y- day of 1VLaq , 2014
st .. P) A10-
�t Any Notary Public and for the State of Texas
JENNIFER NICOLE BARNES
My Commission Expires
February 14, 2018
s f Of IEf�y
Short Form CFA(Issued 2.07.2013) Page 9 of 9
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0041 00-1
BID FORM
Page 1 of 3
SECTION 00 4100
BID FORM
This proposal must not be removed from this book of Contract Documents.
TO: FW Vista West II, L.P.
2929 W. 5" St. Suite A
Fort Worth, TX 76107
PROPOSAL FOR: Paving and Street Li lag_t�mgrovements to serve
Vista West West, Lot 43,Block 12
City Project No. 02259,
DOE No. 7210,
K No. K-2303
Includes the furnishing of all materials, except materials specified to be furnished by the City,
equipment and labor for the installation of all facilities and all necessary appurtenances and
incidental work to provide a complete and serviceable project designated as:
PAVING AND STREET LIGHT IMPROVEMENTS TO SERVE
VISTA WEST WEST LOT 43 BLOCK 12
Construction staking for this project shall be performed by the Owner.
The Bidder acknowledges that all work types must be performed only by prequalified contractors
and subcontractors.
Pursuant to the foregoing 'Invitation to Bidders', the undersigned Bidder, having thoroughly
examined the Contract Documents, including plans, 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 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 sum listed in the Proposal Form, Section 00 42 43.
VISTA WEST WEST,LOT 43,BLOCK 12
CITY PROJECT NO.02259
00 42 43
BID PROPOSAL
Page I of I
SECTION 00 42 43
PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Z-IkF
Project Item Information Bidder's Proposal
Bidlist Description Specification Unit of Bid Quantity Unit Price Bid Value
Item No. Section No. Measure
Unit 1:Paving Improvements
1-01 3213.0101'6-"Gom;Pvmt 32 13 13 SY 163 $64.00 $10,432.00
1-02 3211.0501 6"Lime Treatment 321129 SY 736 $6.00 $4,416.00
1-03 3211.0400 Hydrated Lime 32 11 29 TN 11 $165.00 $1,815.00
1-04 3212.0501 4"Asphalt Base Type B 32 12 16 SY 562 $20.00 $11,240.00
1-05 3212.0302 2"Asphalt Pvmt Type D 321216 SY 562 $14.00 $7,868.00
1-06 3305.0107 Manhole Adjustment,Minor 33 05 14 EA 1 $800.00 $800.00
1-07 0241.0500 Remove Fence 0241 13 LF 82 $4.00 $328.00
1-08 3231.0211 Barbed Wire Fence,Metal Posts 32 31 26 LF 160 $15.00 $2,400.00
1-09 9999.9999 Remove Barricade 0241 13 EA 1 $300.00 $300.00
Subtotal $39,599.00
Unit 11:Street Light Improvements
II-01 3441.3002 Rdwy Ilium Assembly TY D-25 34 41 20 EA 1 $2,800.00 $2,800.00
11-02 3441.3301 Rdwy Ilium Foundation TY 4 3441 20 EA 1 $1,000.00 $1,000.00
11-03 3441.1602 Ground Box,Small,w/Lid Apron 3441 10 EA 1 $500.00 $500.00
11-04 3441,1410 NO 10 Insulated Elec:Condr 3441 10 LF 370 $3.00 $1,110.00
IW5 3441.1415 NO 10 Bare Elec Condr 34 41 10 LF 185 $3.00- $555.00
11-06 2605.3015 2"CONDT PVC SCH 80(T) 26 05 33 LF 5 $20.00 $100.00
11-07 2605.3016 2"CONDT PVC SCH 80(B) 26 05 33 LF 180 $30.00 $5,400.00
Subtotal $11,465.00
Bid Summary I
Total Bid $51,064,001
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20120120 Copy of 00 42 43 Proposal Forth
004100-2
BID FORM
Page 2 of 3
After acceptance of this Proposal, the undersigned will execute the formal contract and will
deliver approved bonds as required by the Contract Documents, for the faithful performance of
the Contract.
The Bidder agrees to begin construction within 10 calendar days after issue of the work order,
and to complete the contract within 30 calendar days after beginning construction as set forth in
the written work order to be furnished by the Owner,
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. 1 (Initials) Addendum No. 3 (Initials)
Addendum No. 2 (Initials) Addendum No. 4 (Initials)
VISTA WEST WEST,LOT 43,BLOCK 12
CITY PROJECT NO.02259
004100-3
BID FORM
Page 3 of 3
Respectfully submitted,
By(Signature)
04exik, 61v&erov 5
By (Please Print or Type)
Title
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Contractor
Business Address
9011m$54
Telephone Number FAX Number
Indicate whether—,,Jnd"ivA'L-',
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,—Partnersho 1'0'i
ATTEST:
VISTA WEST WEST,LOT 43,BLOCK 12
CITYPROJECT NO.02259