HomeMy WebLinkAboutContract 45795 l� r.
CITY SEC T
CONTRACT NO. �U � .....
SHORT FORM COMMUNITY FACILITIES AGREEMENT
Legal Description or Address 3474 Lovell Avenue Fort Worth 76107
Project Name Park Hill Medical Office Building
WHEREAS, this Agreement is by and between the City of Fort Worth, a Texas
municipal corporation ("City"), Park Hill Landplan, LP.., authorized to do business in
Texas ("Developer"), and Reliable Paving, Inc., 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 3474 Lovell Ave., Fort Worth TX 76107(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 Y
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.
II.
The construction and installation of the Improvements shall be performed according to
the City's current Standard Specifications for Public Improvements including the Standard City
r;
Conditions of the Constiuction c,o?Ltt .LfoL„„may loper Awarded Projects, as each may be
OFFICIA1. RECORD
ii
Short Form CFA(Issued 2.07.2013 ^ "^"" E0 "
RECEIVED JUL 2 8 2014
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/XWgOyi
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 Party
hereto, as set forth below:
CITY OF FORT WORTH DEVELOPER:
Park Hill Landplan, LP..
a y
By:
Fernando Costa, NAME:
Assistant City Manager TIT'E. �
Date: 7Lz4. Date: 7'/5//1/
Recommended By: CONTRACTOR:
Reliable Paving, nc.
� �..
- C By:
Douglas Wiersig NAME:
Director, W Department TITLE.
Date:
Approved As To Form And Legality:
� wMw
Douglas W. Black M&C:
Assistant City Attorney Date:
o
ATT T
Ma J. Ka 's
City Secret 0000`" ,
OFFICIAL RECORD
Short Form CFA(Issued 2.07.2013) Page 7 of 9 l"J '' ,15" .- RE.-T IRY
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 w , 2014
Notary Public in and for the State of Texas
A:'"`RNs LINDA M.WIRRLINGER
°* '= MY COMMISSION EXPIRES
y `V February 2,tole
. r
STATE OF TEXAS §
COU,110
COUNTY OF ANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this
day personally appeared 1 ,known to me to be the person whose
name is subscribed to the f regoing instrument, and acknowledged to me that the same was the
act of Developer Tft#JA 4" 1 tX , 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-3...0 day of "1 , 2014
AA
JERRI LYNN PICKEii otary Public in and for the State of Texas
o,�PYPUO���I
Notary Public.State of Texas
My Commission Expires
October 06, 2015
Short Form CFA(Issued 2.07.2013) Page 9 of 9
00 42 43
BID PROPOSAL
Page t of I
SECTION 00 42 43
PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Specification Unit of
No. Description Section No. Measure Bid Quantity Unit Price Bid Value
UNIT 1 -PAVING IMPROVEMENTS
3212.0301 4"Conc Sidewalk 32 13 20 SF 4800 $3.70 $17,760.00
3213.0401 6"Concrete Driveway _ _ 32 13 20 SF 1645 $3.85 $6,333.25
3213.0506 Barrier Free Ramp,Type P-1 _ 32 13 20 EA 6 $750.00 $4,500.00
3216.0102 7"Conc Curb and Gutter 32 16 13 LF 1640 $2.00 $3,280.00
3213.0101 6"Conc Pvmt 32 13 13 SY 1922 $36.00 $69,192.00
3212.0501 4"Asphalt Base Type B _ _ 32 12 16 SY 546 $2930 $15,997.80
3212.0302 2"Asphalt Pvmt Type D 32 12 16 SY 546 $14.70 $8,026.20
3211.0501 6"Lime Treatment 3211 29 SY 2468 $3.05 _ $7,527.40
3211.0401 Commercial Lime Slurry 32 11 29 TN 35 $177.00 $6,195.00
3441.4006 Install Alum Sign Ground Mount 3441 30 EA 1 $350.00 _ $350.00
3441.4007 Install Alum Sign Ex Pole Mount 34 41 30 EA 2 $250.00 $500.00
3123.0101 Unclassified Excavation by Plan 31 23 16 CY 2785 $18.00 $50,130.00
3217.0009 4"SLD Pvmt Marking Paint(W) _ 32 17 23 LF 1100 $1.00 $1,100.00
Sub-Total Unit 1 $190,891.65
UNIT 2-STREET LIGHTING
2605.3011 2"CONDT PVC SCH 40(T) 26 05 33 LF 75 $9.00 $675.00
2605.3012 2"CONDT PVC SCH 40(B) 26 05 33 LF 65 _ $16.00 $1,040.00
3441.1403 NO 6 Triplex OH insulated Elec Condr 3441 10 LF 130 $2.00 $260.00
3441.1408 NO 6 Insulated Elec Condr 3441 10 LF 420 $1.50 $630.00
3441.3002 Rdwy Ilium Assmbly TY 8,11,D-25,and D-30_ 34 41 20 EA 2 _ $1,500.00 $3,000.00
3441.3101 10OW HPS PC Lighting Fixture 34 41 20 EA 2 $250.00 $500.00
3441.3321 Furnish/Install 40'Wood Light Pole 3441 20 EA 1 $1,500.00 $1,500.00
3441.3301 Rdwy Ilium Foundation TY 1,2,and 4 _ 3441 20 _ EA 2 $750.00 $1,500.00
Sub-Total Unit 2 $9,105.00
Total $199,996
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Fam Revised 20120120 00 410000 43 13_00 42 43_00 43 37_Bid Proposal Workbook.As
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006213-1
PERFORMANCE BOND
Pagel of 2
1 SECTION 00 62 13
2 PERFORMANCE BOND
3
4 THE STATE OF TEXAS §
5 § KNOW ALL BY THESE PRESENTS:
6 COUNTY OF TARRANT §
7 That we,Reliable Commercial Construction Inc.,known as"Principal"herein and
8 SoiLr` ec- TO1 ;JRmici (,6pAff1ts a corporate surety(sureties,if more than one) duly
9 authorized to do business in the State of Texas,known as"Surety"herein(whether one or more),
10 are held and firmly bound unto the Developer,Park Hill Landplan,LP., authorized to do 11
business in Texas("Developer")and the City of Fort Worth,a Texas municipal corporation
12 ("City"),in the penal sum of,One Hundred Ninety-Nine Thousand Nine Hundred Ninety-Six
13 Dollars and Fifty Cents($199,996.50), lawful money of the United States,to be paid in Fort
14 Worth,Tarrant County,Texas for the payment of which sum well and truly to be made jointly
15 unto the Developer and the City as dual obligees,we bind ourselves,our heirs, executors,
16 administrators, successors and assigns,jointly and severally,firmly by these presents.
17 WHEREAS,Developer and City have entered into an Agreement for the construction of f
18 community facilities in the City of Fort Worth by and through a Community Facilities
19 Agreement, CFA Number 2013-086 ;and
1
20 WHEREAS,the Prin ipal has entered into a certain written contract with the Developer awarded
21 the "m day of ,20 ,which Contract is hereby referred to and made a 1
22 part hereof for all purpos s as if fully set forth herein,to furnish all materials, equipment labor
23 and other accessories defined by law,in the prosecution of the Work,including any Change
24 Orders,as provided for in said Contract designated as Paving and Street Lighting to Serve Park
25 Hill MOB/ASC.
26 NOW,THEREFORE,the condition of this obligation is such that if the said Principal
27 shall faithfully perform it obligations under the Contract and shall in all respects duly and
28 faithfully perform the Work,including Change Orders,under the Contract, according to the plans,
29 specifications,and contract documents therein referred to,and as well during any period of
30 extension of the Contract that may be granted on the part of the Developer and/or City,then this
31 obligation shall be and become null and void,otherwise to remain in full force and effect.
h
CITY OF FORT WORTH Park Hill MOB/ASC
STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS City Project Number-02127
Revised January 31,2012
i
006213-2
PERFORMANCE BOND
Page 2 of 2
1 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in
2 Tarrant County, Texas or the United States District Court for the Northern District of Texas,Fort
3 Worth Division.
4 This bond is made and executed in compliance with the provisions of Chapter 2253 of the
5 Texas Government Code, as amended, and all liabilities on this bond shall be determined in
6 accordance with the provisions of said statue.
7 IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEAL D
8 this instrument by duly authorized agents and officers on this the day of
9 ,2014
10 PRINCIPAL:
11 Reliable Commercial Construction,Inc.
i
f
12
13 BY:
14 Signature ° --
15 ATTEST:
16
18 (Principal)Secretary Name and Title
19
20 Address: 1903 North Peyco
21 .. Arlington, TX 76001
23
24 Witness as to Principal r
25 SURETY:
26 SURETEC INSURANCE COMPANY
27
28 ,
29 BY'
30 Signature'.....
31
32 V.DeLene Marshall,Attorney-In-Fact `
33 Name and Title
34
35 Address: 9737 Great Hills Trail, Suite 320
36 Austin,TX 78759
37
38 _
39 Witness as to Surety Telephone Number: 1-866-732-0099
40
41 *Note: If signed by an officer of the Surety Company,there must be on file a certified extract
42 from the by-laws showing that this person has authority to sign such obligation. If
43 Surety's physical address is different from its mailing address,both must be provided.
44
45 The date of the bond shall not be prior to the date the Contract is awarded.
CITY OF FORT WORTH Park Hill MOB/ASC
STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS City Project Number-10212 7
Revised January 31,2012
006214-1
ISSUED IN EIGHT(8) COUNTERPARTS PAYMENT Boren
Page I of 2
1 SECTION 00 62 14 Bond Number:4396558
2 PAYMENT BOND
3
4 THE STATE OF TEXAS §
5 § KNOW ALL BY THESE PRESENTS:
6 COUNTY OF TARRANT §
7 That we, Reliable Commercial Construction Inc., known as "Principal" herein, and
g SURETEC INSURANCE COMPANY a corporate surety ( or
9 sureties if more than one), duly authorized to do business in the State of Texas, known as
10 "Surety" herein (whether one or more), are held and firmly bound unto the Developer, Landplan
I1 Development Corp., authorized to do business in Texas "(Developer"), and the City of Fort
12 Worth, a Texas municipal corporation ("City"), in the penal sum of One Hundred Ninety-Nine
13 Thousand Nine Hundred Ninety-Six Dollars and Fifty Cents ($199,996.50), lawful money of the
14 United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum
15 well and truly be made jointly unto the Developer and the City as dual obligees, we bind
16 ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,
17 firmly by these presents:
18 WHEREAS,Developer and City have entered into an Agreement for the construction of
19 community facilities in the City of Fort Worth, by and through a Community Facilities
20 Agreement, CFA Number 2013-086; and
21 WHEREAS Principal has lentered into a certain written Contract with Developer,
22 awarded the day of , 2014 , which Contract is hereby
23 referred to and made a part hereof f all purposes as if fully set forth herein, to furnish all
24 materials, equipment, labor and other accessories as defined by law, in the prosecution of the
:
25 Work as provided for in said Contract and designated as Paving and Street Lighting r'
26 Improvements to Serve Park Hill MOB/ASC.
27 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if
f
28 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in
29 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under
30 the Contract, then this obligation shall be and become null and void; otherwise to remain in full
31 force and effect.
CITY OF FORT WORTH Park Hill MOB/ASC
STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS City Project Number-02127
Revised January 31,2012
II
f