HomeMy WebLinkAboutContract 46768 Developer and Project Information Cover Sheet:
Developer Company Name:
Address, State, Zip Code:
Phone& Email:
Authorized Signatory, Title:
Project Name and Brief
Description:
Project Location:
Plat Case Number: Plat Name:
Mapsco: _ Council District: 1 City Project Number: _
CFA Number: - DOE Number:
To be completed by staff
Received by: Date:
OFFICIAL RECORD
City of Fort Worth,Texas
CITY SECRETARY
Community Facilities Tri-Party Agreement IT. WORTH,TX
CFA Official Release Date: 05.01.2015
Page 1 of 9
CITY SECRETAW L4 rM
CONTRACT NO.
COMMUNITY FACILITIES TRI-PARTY AGREEMENT
Legal Description or Address:
Project Name:
WHEREAS, this A-r-�:,: ,i icnI is by and between the City of Fort Worth, a Texas municipal
corporation ("Cite") Dev osYenf Two L. authorized to do business in Texas
("Developer"), and 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
(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 (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 (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.
m
C11 II.
_m
C
m The construction and installation of the Improvements shall be performed according to
v
the City's current Standard Specifications for Public Improvements including the Standard City
c
I-- City of Fort Worth,Texas
co Community Facilities Tri-Party Agreement OFFICIAL RECORD
C= CFA Official Release Date: 05.01.2015
CA Page 2 of 9 CITY SECRETARY
FT.WORTH, TX
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
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.
City of Fort Worth,Texas
Community Facilities Tri-Party Agreement
CFA Official Release Date: 05.01.2015
Page 3 of 9
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.
1. Contractor must be prequalified to perfonn 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
Location Map
11 Exhibit A: Water Improvements
�E7 Water Estimate
Exhibit A-1: Sewer Improvements
�j 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
IV.
City of Fort Worth,Texas
Community Facilities Tri-Party Agreement
CFA Official Release Date: 05.01.2015
Page 4 of 9
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
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/XWg0 *
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
City of Fort Worth,Texas
Community Facilities Tri-Party Agreement
CFA Official Release Date: 05.01.2015
Page 5 of 9
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
City of Fort Worth,Texas
Community Facilities Tri-Party Agreement
CFA Official Release Date: 05.01.2015
Page 6 of 9
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)
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.
City of Fort Worth,Texas
Community Facilities Tri-Party Agreement
CFA Official Release Date: 05.01.2015
Page 7 of 9
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 if
Assistant City Attorney
M&C No. NO M&C REQUIRED
By: »yte:
Fernando Costa NAME
Assistant City Manager TITLE
Date: //'7 Date:
Recommended by: CONTRACTOR:
60,1p 7WC-COk'Sf n o c,X00J
By: ZLIIJIII�- -
Wendy Chi-Babulal, EMBA, P.E. NAME, P k-
Development Engineering Manager TITLE V.P.
Water Department
Date:
af/-, zi CJ
Douglas W. Wiersig, P.E. ts
Director
Transportation & Public Works Department
Approved as to Form &Legality:
�✓o.. OFFICIAL RECORD
City of F66Wo7h,Texas CITY SECRETARY
Community Facilities Tri-Party Agreement
CFA Official Release Date: 05.01.2015 FT. WORTH,TX
Page 8 of 9
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00 42 43
DAP-BID PROPOSAL
Page 3 of 7
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidders Proposal
Bidlist Item Specification Unit of Bid
No. Description Section No. Measure Quantity Unit Price Bid Value
UNIT 111:DRAINAGE IMPROVEMENTS
1 31 10.0101 Site Clearing 31 1000 LS 1 $2,500.00 $2,500.00
2 3123.0101 Unclassified Excavation by Plan 31 23 16 CY 63 $100.00 $6,300.00
3 3292.0400 Seeding,Hydromulch 3292 13 SY 475 $6.00 $2,850.00
4 3305.0109 Trench Safety 3305 10 LF 92 $20.00 $1,840.00
5 3305.0202 Imported Embedment/Backfill,CSS 3305 10 CY 20 $150.00 $3,000.00
9999.0001 5x2 Box Culvert 33 41 10
6 LF
81 $255.00 $20,655.00
7 9999.0002 Storm Drain Inlet Box w/Safety End Treatments 33 49 10,3349 EA 1 $19,500.00 $19,500.00
TOTAL UNIT III:DRAINAGE IMPROVEMENTS $56,645.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PRO)ECTS
Form Vemior.April 2,2014 Copy ofOO 42 43Bid Proposal DAP
r 00 42 43
DAP-BID PROPOSAL
Page 7 or7
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Specification Unit of Bid
No. Description Section No. Measure Quantity Unit Price Bid Value
Bid Summary
UNIT I:WATER IMPROVEMENTS
UNIT II:SANITARY SEWER IMPROVEMENTS
UNIT III:DRAINAGE IMPROVEMENTS $56,645.00
UNIT IV:PAVING IMPROVEMENTS
UNIT V:STREET LIGHTING IMPROVEMENTS
UNIT VI:TRAFFIC SIGNAL IMPROVEMENTS
Total Construction Bid $56,645.00
so
Contractor agrees to complete WORK for FINAL ACCEPTANCE within #r4
s calendar days after the date when the
CONTRACT commences to run as provided in the General Conditions.
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version Apn1 2.2014 Copy oroo 42 41_Bid Proposal-DAP
f
005243-1
Developer Awarded Project Agreement
Page 1 of 4
1 SECTION 00 52 43
2 AGREEMENT
3 THIS AGREEMENT, authorized on &N-1115 is made by and between the Developer,
4 BH Development Two, L.P., authorized to do business in Texas ("Developer") , and
5 CONATSER CONSTRUCTION TX, L.P., authorized to do business in Texas, acting by and
6 through its duly authorized representative, ("Contractor").
7 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as
8 follows:
9 Article 1.WORK
10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the
1 1 Project identified herein.
12 Article 2. PROJECT
13 The project for which the Work under the Contract Documents may be the whole or only a part is
14 generally described as follows:
15 Drainage Improvements to Serve High Point Hill
16 City Project No. 02542
17 Article 3. CONTRACT TIME
18 3.1 Time is of the essence.
19 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract
20 Documents are of the essence to this Contract.
21 3.2 Final Acceptance.
22 The Work will be complete for Final Acceptance within (3-0-1 calendar days after the
23 date when the Contract Time commences to run as provided in Paragraph 2.04 of the
24 Standard City Conditions of the Construction Contract for Developer Awarded Projects.
25 3.3 Liquidated damages
26 Contractor recognizes that time is of the essence of this Agreement and that Developer
27 will suffer financial loss if the Work is not completed within the times specified in
28 Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of
29 the Standard City Conditions of the Construction Contract for Developer Awarded
30 Projects. The Contractor also recognizes the delays, expense and difficulties involved in
31 proving in a legal proceeding the actual loss suffered by the Developer if the Work is not
32 completed on time. Accordingly, instead of requiring any such proof, Contractor agrees
33 that as liquidated damages for delay (but not as a penalty), Contractor shall pay
34 Developer One Hundred Sixty Dollars ($160.00) for each day that expires after the time
35 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of
36 Acceptance.
CITY OF FORT WORTH Drainage Improvements to Serve High Point Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project No.02542
Revised April 2,2014
005243-2
Developer Awarded Project Agreement
Page 2 of 4
37 Article 4. CONTRACT PRICE
38 Developer agrees to pay Contractor for performance of the Work in accordance with the Contract
39 Documents an amount in current funds of Fifty Six Thousand Six Hundred Forty Five _
40 Dollars($56,645.00).
41 Article 5. CONTRACT DOCUMENTS
42 5.1 CONTENTS:
43 A. The Contract Documents which comprise the entire agreement between Developer and
44 Contractor concerning the Work consist of the following:
45 1. This Agreement.
46 2. Attachments to this Agreement:
47 a. Bid Form (As provided by Developer)
48 1) Proposal Form (DAP Version)
49 2) Prequalification Statement
50 3) State and Federal documents(project specific)
51 b. Insurance ACORD Form(s)
52 c. Payment Bond (DAP Version)
53 d. Performance Bond(DAP Version)
54 e. Maintenance Bond(DAP Version)
55 f. Power of Attorney for the Bonds
56 g. Worker's Compensation Affidavit
57 h. MBE and/or SBE Commitment Form (If required)
58 3. Standard City General Conditions of the Construction Contract for Developer
59 Awarded Projects.
60 4. Supplementary Conditions.
61 5. Specifications specifically made a part of the Contract Documents by attachment
62 or, if not attached, as incorporated by reference and described in the Table of
63 Contents of the Project's Contract Documents.
64 6. Drawings.
65 7. Addenda.
66 8. Documentation submitted by Contractor prior to Notice of Award.
67 9. The following which may be delivered or issued after the Effective Date of the
68 Agreement and, if issued, become an incorporated part of the Contract Documents:
69 a. Notice to Proceed.
70 b. Field Orders.
71 c. Change Orders.
72 d. Letter of Final Acceptance.
73
74
CITY OF FORT WORTH Drainage Improvements to Serve High Point Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project No.02542
Revised April 2,2014
r
z 005243-3
Developer Awarded Project Agreement
Page 3 of 4
75 Article 6. INDEMNIFICATION
76 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own
77 expense, the city, its officers, servants and employees, from and against any and all
78 claims arising out of, or alleged to arise out of, the work and services to be performed
79 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees
80 under this contract. This indemnification provision is specifically intended to operate
81 and be effective even if it is alleged or proven that all or some of the damages being
82 sought were caused, in whole or in part, by any act, omission or negligence of the city.
83 This indemnity provision is intended to include, without limitation, indemnity for
84 costs, expenses and legal fees incurred by the city in defending against such claims and
85 causes of actions.
86
87 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense,
88 the city, its officers,servants and employees,from and against any and all loss,damage
89 or destruction of property of the city,arising out of,or alleged to arise out of,the work
90 and services to be performed by the contractor, its officers, agents, employees,
91 subcontractors, licensees or invitees under this contract. This indemnification
92 provision is specifically intended to operate and be effective even if it is alleged or
93 proven that all or some of the damages being sought were caused, in whole or in part,
94 by any act,omission or negligence of the city.
95
96 Article 7. MISCELLANEOUS
97 7.1 Terms.
98 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of
99 the Construction Contract for Developer Awarded Projects.
100 7.2 Assignment of Contract.
101 This Agreement, including all of the Contract Documents may not be assigned by the
102 Contractor without the advanced express written consent of the Developer.
103 7.3 Successors and Assigns.
104 Developer and Contractor each binds itself, its partners, successors, assigns and legal
105 representatives to the other party hereto, in respect to all covenants, agreements and
106 obligations contained in the Contract Documents.
107 7.4 Severability.
108 Any provision or part of the Contract Documents held to be unconstitutional, void or
109 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all
110 remaining provisions shall continue to be valid and binding upon DEVELOPER and
111 CONTRACTOR.
112 7.5 Governing Law and Venue.
113 This Agreement, including all of the Contract Documents is performable in the State of
114 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the
115 Northern District of Texas, Fort Worth Division.
CITY OF FORT WORTH Drainage Improvements to Serve High Point Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project No.02542
Revised April 2,2014
005243-4
Developer Awarded Project Agreement
Page 4 of 4
116
117 7.6 Authority to Sign.
118 Contractor shall attach evidence of authority to sign Agreement, if other than duly
119 authorized signatory of the Contractor.
120
121 IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple
122 counterparts.
123
124 This Agreement is effective as of the last date signed by the Parties("Effective Date").
125
Contractor: Developer:
Conatser Construction TX,L.P. BH Development Two,L.P.
IIy, FM a Me^41 «c�Geno�IP
�y QQr� MIT l rCiQ�t, G41 CGL'r►
B $' :
(Sig re) . nature)
Brock Huggins Robert Barham
(Printed Name) (Printed Name)
JTitle: Vice President Title: res: tvuf-
Company Name: Conatser Construction Company name: fS c. -A a o, ^T a r`ca 1`s
Address: Address:
5327 Wichita St. 600 Summit Avenue
City/State/Zip: Fort Worth,TX 76119 City/State/Zip: Fort Worth,TX 76102
Date Date
126
CITY OF FORT WORTH Drainage Improvements to Serve High Point Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project No.02542
Revised April 2,2014