HomeMy WebLinkAboutContract 46690 CITY SECRsTAW
CONTRACT NO.
SHORT FORM COMMUNITY FACILITIES AGREEMENT
Legal Description or Address 1300 Meacham Boulevard
Project Name Water, Sewer and Street LiPhts to Serve HSC
WHEREAS, this Agreement is by and between the City of Fort Worth, a Texas municipal
corporation ("City"), Handling Systems and Conveyors , authorized to do business in Texas
("Developer"), and Tridal Utilities, Ltd. , 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 1300 Meacham Blvd (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 Water, Sewer 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 Water, Sewer 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
M Contract")to perform the work described herein and as depicted on the attachments hereto; and
C-)
WHEREAS, Developer is not seeking City's financial participation, nor is City
M requesting Developer to oversize the Improvements and City is not providing any funding
3
toward the Improvements.
a
NOW, THEREFORE, City, Developer and Contractor hereby agree as follows:
N
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
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
OFFICIAL RECORD
Short Form CFA(Issued 2.07.2013) Page 1 of 7 CITY SECRETARY
FT. WORTH, TX
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 11, 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.
Short Form CFA(Issued 2.07.2013) Page 2 of 7
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
X Exhibit A: Water Improvements
X Water Estimate
X Exhibit A-1: Sewer Improvements
X Sewer Estimate
Exhibit B: Paving Improvements
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.
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 7
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/X)MgOyi
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 damazes are caused, in whole or in
Short Form CFA(Issued 2.07.2013) Page 4 of 7
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
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 7
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.
Short Form CFA(Issued 2.07.2013) Page 6 of 7
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:
By: y:
Fernando Costa, ME: A.
Assistant City Manager TITLE:;'!,
Date: s/2�ir Date:
APPROVED AS TO FORM AND LEGALITY: CONTRACTOR:
By: Q24� By:
'�.�-*1 ---- -
Assistant City Attorney NA 1111
TITLE: NriCe President Operations
M&C: N/A
Date:�� ' 1�• l
ATTEST:
Qo �
By:
M J. ayser,
City Secretary %60000000000
T�)Cl�►S
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
Short Form CFA(Issued 2.07.2013) Page 7 of 7
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FSC tiDUSTRIAL BU",DU(',-VID`!20?.:SA.L
F«oc l d4
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder`s Appllc €ori
Project Item Irsotma6on Bidder's Proposal
Bidiis tic 1 Spec;i5cation Unit of Bid
N0. 1?R scripti l l SRxCon No. Mea ure Quanti y Unit Price Did Value I
i
UNIT 1:WATER.IMPROVEMENTS
3311.OM1 Dmale Lmn Water Fftbngs uith Ratrxint 33 1111 ~TnN 1.2 4000-00
3311.0463 12"PVC Water Pipe 33 11 12 1,F. 819 5 4 DO 13
331I,0163 6"Fim Lite _ 33 11 12 LF. 54
3312.3005 12'Crate Valu 3312 20 _ EA 2 jJ I
3312,0117 Comi-em to Ezisrio-12"Water 33 1225 EA 1 L`
3372.0001 Firc Ilydrani Assembly 33 1240 EA 1 3,000,00 3,0&3.00
33122003 1"Der.-wruo Winer Service Stub with M=ta 33 12 10 ----- EA -_ 1
3312.2003 1"]tri don Service Stub xith Mrtr r 33 12 10 FA l a
3312,3007. 6"Gate Vz[vc _33 12 20 EA 1 QO_
9999,Wl R&R Pavan � 0000011 SF 1240 1 P-0,001 V1
9999,00C.2 13arxicadt Ptah 00 00 00 EA 1 I
TOTAL UNIT 1:WATER IMPROVEMENTS (I
ID
CITY OF FORT WORTH
STANDARD CONST UMON SPECIi7CATION DOCUWLNTS-DEVELOPER AWARDED PROJECM
Fain Ve .ApmE 7,2014 MSC NDUSIRIAL BUR,DLWG DOE NO.7376
00 42 43
PSC AIOLISTRIAL BUR.CLVG BID Pilo?OSA:,
Pug 2 o(4
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
i'roiect 1%-n kformation Biddets Proposal
Bridiis:It -Specification I Ur it of Bid
No. Description Section No, I Meas
Measure Quantity Unit Price Bid V ue i
UNIT 11:SANITARY SEU`s1ER IMPf<L?1fcNWNTS
33301.0002 Past-CCTV Lrm echos 133 01 31 LF. 717 (}i
3301.0101 1;1m ole Varvcm Tcsdng 33 01 n EA 5
3331.1It3 B"PYCSsni',ySe»rF 33 11 10 3331 12 LF. 717 8_2A_37P
3331.3301 18,PVCsEm,tuysewrStrvice 333150 EA ^I �`...�-�.Z 8 1
3339.100I 4' 13339 10,33 39 20 Ek 5 !�
TOTAL UNIT 13:SANITARY SEV ER I'M PROVEN!ENTS
CRY OF FORT WORTH
571ANDARD CONSTRRCTSON SPECMCAT1ON DO-'U)&NTS_DEVELOPER AWARDED PROJECTS
Fe Ve im Apro 2,2014 HSC INDUSTRIAL BUn DING DOE N0,7376
00424--
HK
D4243HSC LvWSTRIAL ELUDING BID PROPOSAL
Fw3C4
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project her-.hdormation Bidd&s Pr op.—
i
�idust i em specification Unit o—t f Bid
No. Bes rp inn ScepOa No. Measure Q fantity Unit Price Bid Vatue
UNIT III.STREET UGHTING IMPROVEMENTS
2605.3015 2"SCH 80 PVC Coacui; 26 05 33 LF.v 645
3441.1411 11MG 3441 10 L.F. 645 100I
9999.0003 11 Alu iamn 22 2224 96 00 00 DO LF. 645 Cl
3441.1501 Pc11 Box 3141 20 EA I E (l
9999.CONa install I'd b',ctcd C=.to,with Meter 00 00 00 EA 1
34413003 New s+sr1 ti?:t.T e 18 witfi 33A srreS. -,441 10 EA 31-3r) —I
TOTAL U14IT Ili:STrcI ET LIGHTING IMPRs304- 40.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECUMATION DOCUMEIh7S-DEVELOPER AFrARDED PROJECTS
Form Vat(-Ap.9 2,20)4 HSC P)DUSTRIAi.BUILDL`0 DOE NO.7376
0 42 cg
HSC NDUSTAIA?BUIIJ_IING BID PROPOSi.L
Pag_4 d-i
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project:tem Information Bidder's Proposal I
Bidlis Item 3pc�ificztion Llnit of Bid
No llescrip:ion Sect an No. ?�5easu-e Quantity Unit Price Bid Value
_ Bid Surnulary
UNIT 1:WATER IMPROVEMENTS !
UNIT II:SANITARY SEWER IMPROVEMENTS 8 57,989.00
UNIT III:STREET LIGHTING IMPROVEMENTS i
Total Constructlon Bid 8 157-957,01)
Contractor agrees to complete WORK for FINAL ACCEPTANCE within 120 calendar days after the date when the
CONTRACT commences to,run as prodded in the General Conditions.
FM)OF SECTION
CITY OF PORT WORTH
STANDARD CONSTRUCTION SPECJFICATION DOCUblErTtS-DEVELOPER AWARDED PROJECTS
Fmm Vasim Ayml 2,2P14 HSC INDUSTRIAL BUDING DOE NO,7376