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HomeMy WebLinkAboutContract 46188 Crnr SECRETARY C CONTRACT NO. b Developer and Project Information Cover Sheet: Developer Company Name: EMERGING PROPERTIES,LTD. Address, State,Zip Code: 1301 MUNICIPAL WAY, STE. 250 GRAPEVINE, TX 76051 Phone,E-Mail: 817.683.1485, GREG @HARTNETTGROUP.COM Authorized Signatory/Title: GREG MINNICHNICE PRESIDENT Project Name and Brief Description: CARRINGTON ADDITION REPLAT WATER& SEWER TO SERVE THE CARRINGTON ADDITION REPLAT Project Location: 6750 FOSSIL BLUFF DRIVE Plat Case No.: FS-14-119 Plat Name: CARRINGTON ADDITION REPLAT Mapsco: 35U Council District: City Project No: 2362 CFA: 2014-073 DOE: 7302 To be completed by staff Received by: Date: rR n R' rr. C 2 O OFFICIAL RECORD CITY SECRETARY N FT. WORTH, TX i COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary f /}� COUNTY OF TARRANT § Contract No. 4 Y V WHEREAS, the undersigned Developer ("Developer") desires to make certain specific improvements as described below and on the exhibits attached hereto ("Improvements") related to a project generally described as CARRINGTON ADDITION REPLAT ("Project") within the City of Fort Worth, Texas ("City"); and WHEREAS, the City has no obligation to participate in the cost of the Improvements or Project; and WHEREAS, any future City participation in this CFA is subject to the availability of City funds and approval by the Fort Worth City Council and shall be memorialized as an amendment to this Agreement; and WHEREAS, the Developer and the City desire to enter into this Community Facilities Agreement ("CFA" or "Agreement") in connection with the Improvements and the Project. NOW,THEREFORE, 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, as amended, is hereby incorporated into this Agreement 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 officiali accepted the Improvements. Developer acknowledges t a �AiAECORD acceptance process requires the Developer's contractor(s) t 01FMCBETARY 2 FT.WORTH,TX affidavit of bills paid signed by its contractor and consent of surety signed by its surety to ensure the contractor has paid any sub-contractors and suppliers in full. Additionally, the contractor must also provide in writing that the contractor has been paid in full by Developer for all the services provided under their 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: W (A) &9ew,'er (A-1) X Paving (B)_, Storm Drain (B-1) _, Street Lights & Signs (C) _ E. The Developer shall award all contracts for the construction of the Improvements in accordance with Section II, paragraph 7 of the Policy and the contracts shall be administered in conformance with paragraph 8, Section II, of the Policy. F. For all Improvements included in this Agreement for which the Developer awards construction contract(s), 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 prequalified, insured, licensed and bonded to do work in public streets and/or 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 Improvements, and a maintenance bond in the name of the City for one hundred percent (100%) of the contract price of the Improvements valid for a period of two (2) years from the date of final acceptance 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. 3 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 Certificate of Insurance (ACORD or other state-approved form) supplied by the contractor's insurance provider and bound in the construction contract book. iv. To require its contractor to give at least 48 hours' advance notice of intent to commence construction to the City's Construction Services Division so that City inspection personnel will be available; to require the contractor to allow the construction to be subject to inspection at any and all times by City inspection forces, to 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 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 in order 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 shall provide, at its expense, all engineering drawings and documents necessary to construct the improvements under this Agreement. H. Developer shall cause the installation or adjustment of the required utilities to serve the development or to construct the Improvements contemplated herein. I. 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. 4 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 damages are caused, in whole or in part, by the alleged negligence of the City of Fort Worth, its officers, servants, or employees. 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 damages are caused, in whole or in part, by the alleged negligence of the City of Fort Worth, its officers, servants, or 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 5 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. N. Upon completion of all work associated with the construction of the 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. Developer shall complete the Improvements within two (2) years, provided, however, if construction of the Improvements has started within the two year period, the developer may request that the CFA be extended for one additional year. 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 agreements. 6 iii. The City may utilize the Developer's financial guarantee submitted for this Agreement to cause the completion of the construction of the Improvements if at the end of two (2) years from the date of this Agreement (and any extension period) the Improvements 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 Improvements 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) 7 Cost Summary Sheet Project Name: CARRINGTON ADDITION REPLAT CFA No.: 2014-073 DOE No.: 7302 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 $61,849 2.Sewer Construction ;34,351.00 Water and Sewer Construction Total $ 96,200.00 B. TPW Construction 1.Street $ 2.Storm Drain $ - 3.Street Lights Installed by Developer ;$ TPW Construction Cost Total $ - Total Construction Cost(excluding the fees): $ 96,200.00 Construction Fees: C. Water/Sewer Inspection Fee(2%) $ 1,924.00 D. Water/Sewer Material Testing Fee(2%) $ 1,924.00 Sub-Total for Water Construction Fees $ 3,848.00 E. TPW Inspection Fee(4%) $ - F. TPW Material Testing(2%) $ G. Street Light Inspsection Cost 5 H. Street Signs Installation Cost S Sub-Total for TPW Construction Fees $ - Total Construction Fees: $ 3,848.00 Financial Guarantee Options Choose one Amount Mark choice Bond=100% $ 96,200.00 Completion Agreement=100%/Holds Plat $ 96,200.00 Cash Escrow Water/Sanitary Sewer=125% $ 120,250.00 Cash Escrow Paving/Storm Drain=125% $ Letter of Credit=125%w/2yr expiration period $ 120,250.00 8 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 quadruplicate, at Fort Worth,Texas this day of 20L�f_. CITY OF FORT WORTH-Recommended by: Water Department Transportation&Public Works Department Wendy Chi-Ba ulal, EMB , P.E. Douglas y. Wiersig, P.E. Development Engineering Manager Director Approved as to Form&Legality: Approved by City Manager's Office Qa2(L ei ' Douglas W. Black Fernando Costa Assistant City Attorney Assistant City Manager M&C No. Date: ATTEST: Q� F 06; O Mary J.Ka .�$ y City SecretaB.Z` �xAS ATTEST: DEVELOPER: Signature Signature (Print)Name: Jta�i2'gp�.o�gr�n Print Name:GREG MINNICH Title:VICE PRESIDENT OFFICIAL RECORD CITY SECRETARY 9 FT.WORTH,YX Check items associated with the project being undertaken; checked items must be included as Attachments to this Agreement Included Attachment ® Location Map ® Exhibit A: Water Improvements ® Water Estimate ® Exhibit A-1: Sewer Improvements ® Sewer Estimate ❑ Exhibit B: Paving Improvements ❑ Paving Estimate ❑ Exhibit B-1: Storm Drain Improvements ❑ Storm Drain Estimate ❑ Exhibit C: Street Lights and Signs Improvements ❑ Street Lights and Signs Estimate (Remainder of Page Intentionally Left Blank) 10 c,I N ►-rq NCTCO q Ij 3 ya ; 3M NTI �MTW Y"N a t - r •3i 4. a�x d rx' Jy rr. a - w y::m4 area mS >7 `*a ' '3 t rv..w x "x �,.,,+ 3•�w"t ta.k��"FL r a . � � x I _• � ^�s t c i° z�.-- x '�,:z` ,�. r x t `x i t�k' i{w x�i .:.. � r ¢ M XF ffff ¢ }.. i W.. 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Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated In this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS,including without limitation those dealing with the.disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association,organization,or corporation. 2:4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt,fraudulent,collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice"means the offering, giving,receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process, b. "fraudulent practice"means an intentional misrepresentation of facts made(a)to influence the bidding process to the detriment of City(b)to establish Bid prices at artificial non-competitive levels,or(c)to deprive City of the benefits of free and open competition. c.,"collusive practice"means a scheme or arrangement between two or more Bidders,with or without the knowledge of City,a purpose of which is to establish Bid prices at artificial, non- competitive levels. d. "coercive practice"means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the C#TY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 00 41 0()—Bid Form(2).xis 604100 BID FORM PA98 2 of 3 Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified,contractors and subcontractors: a. Water Line Improvements. b. Sanitary Sewer Line Improvements. 4. Time of Completion 4:1. The Work will be complete. for Final. Acceptance within 46 days after the date when the ..the Contract Time commences to ruff as provided in.Paragraph 2:03 of the General Conditions. 4.2; Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work(and/or achievement of Milestones)within the times specified in the Agreement. 6.•Attached to this Bid. The following documents.are attached to and.made"'a part of this Bid; P, This Bid Form,Section 00 41 U0 b..Required Bid Bond,Section 00 43 1.3.Issued by a surety meeting the requirements of Paragraph . 5.01 of the General Conditions. c. proposal Form, Section 00 42 43 i d, Vendo.'rCompliance to State Law Non.Resident Bidder,Section 00 43 37 e. it WbE Forms.(optional at time of bid) f. Prequalification Statement, Section 0.0 45 12 g. Conflict of interest Affidavit, Section 00 3513 1f necessary,CIQ or CIS forms are to be provided directly to City Secretary h. Any additional documents that may be required by Section:1.2 of the Instructions to Bidders 6. Total Bid Amount 6.1. Bidder will complete the:Work in accordance with the Contract Docurnents for the following bid amount. in the space.provided below, please enter the total bid amount.for this. project'. Only this figure will be read publicly by the City at the bid opening. 6.2.. It is understood and agreed by the Bidder"In signing this proposal that the total bid amount entered below is subject to verification and/or modification.by multiplying the unit bid prices for each pay item by the respective estimated quantities shown,In this proposal and then totaling all of the extended amounts, 7. Bid Submittal. This Bid is . submitted on October 27,.20 14 by the entity named below. MW oFFORT WORTH STANDARD CONSTRUCTION SPECIFICATION 06CLJMF-NTS Form Revised 20120527 00 41 00_6141 Form(2)jds OD 4100 BID FORM Page 3 of 3 Respectfully submitted, Receipt is acknowledged of the Initial following Addenda: By: Addendum No..V (Signatur Addendum No. 2 Addendum.No. 3: Brian.K. Holdgate Addendum No.4: (Printed Name) Title: Member of General Partner Company: Bear Creek Site Utilities&Construction, Ltd. Corporate Seal: Address`. 4950 Hansom Drive Irving,Texas 75038 State of Incorporation: NIA(Texas Limited Partnership) Email:estimatinaebccutilities.com Phone: 912.957,1700 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 00 41.00_Bid Form(2).x1s.