HomeMy WebLinkAboutContract 40219COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No.
WHEREAS, the undersigned "Developer" desires to make certain improvements (refer
to the name of the project at the bottom of the page) an addition to the City of Fort Worth,
Texas; and
WHEREAS, the said Developer has requested the City of Fort Worth, ahome-rule
municipal corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas, hereinafter
called "City", to do certain work in connection with said improvements.
Developer Information:
Developer Company Name: Global Sky Properties, L.P.
Authorized
Title: Director
Anwar A. Dossani
Project Name: Westpoint 7-11
Location: 9913 White Settlement Rd.
Additional Streets: N/A
Plat Case No.: N/A
Plat Name:
Addition
Mapsco: 58Y Council District: 7 City Project No: 01467
To be completed by st _,f'
CFA: 2010-024 DOE: 6376
OFFICiA�. RECORD
CITY SECRETi4RY
WORTH, TX
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
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 Faces ("Policy") dated
March 2001, approved by the City Council of the City of Fort Worth and
subsequently amended from time to time via a Mayor and Council
Communication adopted by the City Council of the City of Fort Worth, is
hereby incorporated into this Community Facilities Agreement ("CFA") 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
officially accepted the infrastructure. Developer further acknowledges
that said process requires the contractor to submit an Affidavit of Bills
paid signed by its contractor and Consent of Surety signed by its surety
to ensure the contractor has paid the sub -contractor and suppliers in full.
Additionally, the contractor will provide in writing that the contractor
has been paid in full for all the services provided under this 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: Water (A X
Sewer (A-1) X Paving (B) _ Storm Drain (B 1) X Street
Lights & Signs (C) _.
E. The Developer shall award all contracts for the construction of community
facilities in accordance with Section II, paragraph 7 of the Policy and the
contracts for the construction of the public infrastructure shall be
administered in conformance with paragraph 8, Section II, of the Policy.
Combined CFA final Sept 12, 2008 2
F. For all infrastructure 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
insured, licensed and bonded to do work in public streets and/or
prequalified 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 infrastructure, and a
maintenance bond in the name of the City for one hundred percent
(100%) of the contract price of the infrastructure for a period of two (2)
years 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.
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 ACORD
Certificate of Insurance supplied by the contractor's insurance provider
and bound in the construction contract book.
iv. To require its contractor to give 48 hours notice to the City's
Construction Services Division of intent to commence construction so
that City inspection personnel will be available; and to require the
contractor to allow the construction to be subject to inspection at any
and all times by City inspection forces, and not to 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 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 agrees to provide, at its expense, all engineering drawings and
documents necessary to construct the improvements required by this
Agreement.
H. Developer shall cause the installation or adjustment of the required utilities
to serve the development or to construct the improvements required 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.
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 datnages are
caused, in whole or in Hart, by the alleged ne;?lizence of the City of
Combined CFA final Sept 11, 2008 4
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 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 and shall cause to be executed and delivered to the City an
indemnity agreement from such contractors on a form to be promulgated
by the City.
N. Upon completion of all work associated with the construction of the
infrastructure and 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% %J 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.
5
in. 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. The City's obligation to participate (exclusive of front foot charges) in
the cost of the community facilities shall terminate if the facilities are
not completed within two (2) years; provided, however, if construction
of the community facilities has started within the two year period, the
developer may request that the CFA be extended for one year. If the
community facilities are not completed within such extension period,
there will be no further obligation of the City to participate. City
participation in a CFA shall be subject to the availability of City funds
and approval by the Fort Worth City Council.
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.
iii. The City may utilize the Developer's financial guarantee submitted for
this Agreement to cause the completion of the construction of the
community facilities if at the end of two (2) years from the date of this
Agreement the community facilities 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 community facilities 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.
Combined CFA final Sept 12, 2008 6
°
Project Name: Westpoint 7-11
CFA No.: 2010-024
Cost Summary Sheet
DOE No.: 6376
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
A. Water and Sewer Construction
a. Water Construction
2. Sewer Construction
a. Water and Sewer Construction Total
B. TPW Construction
1. Street
2. Storm Drain
TPW Construction Cost Sub -Total
Total Construction Cost (excluding the fees):
Construction Fees:
C.
Water/Sewer
Inspection Fee (2%)
D.
Water/Sewer
Material Testing
Fee
(2%)
Sub -Total for Wafer Construction Fees
E. TPW Inspection Fee
(4%)
F. TPW Material Testing (2%)
G.
Street Light Inspsection Cost
H. Street Signs Installation Cost
Sub -Total for TPW Construction Fees
Total Construction Fees:
Financial Guarantee Oofions. choose one
Developer's Cost
$ 34910.68
$ 34,110.00
$ 69,020.68
$ 7,679.32
$ 7,679.32
$ 76,700.00
$ 1,380.41
$ 138041
$
,.
2,760.83
307.17
$
$ 460.76
$ 3,221.59
Choice
Amount fck one)
76,700.00
X
Com letion A reement = 100% /Holds Plat
$ 76,700.00
Cash Escrow Water/Sanitary Sewer= 125%
$ 86,275,85
Cash Escrow Paving/Storm Drain r= 125%
$ 9,599.15
Letter of Credit = 125% w/2 r expiration period
$ 95,875,00
v
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 I !mS}% day
of , 20-LY-9
CITY OF FORT WORTH - Reconi�nended by:
Water Department
Wendy
EMBA, P.E.
Development Engineering Manager
Approved as to Form &
Ramsey
it City Attorney
ATTEST:
Marty Hendrix
City Secretary
ATTEST
Name:
ClHLL�fi<i�i�
Transportation &Public Works Department
Director
Approved by City Manager's Office
Fernando Costa
Assistant City Manager
L AA
N IRE
D
Global Sky Properties, L.P.
By its general partner
Global Sky Property Development, L.L.0
Signature
Print Name: Anwar A. Dossani
Title: Director
�F�ICIA� RECORD
CITY SECRETARY
T. WORTH, T%
Combined CFA final Sept 12, 2008 8
Check items associated with the project being undertaken; checked items must be
included asAttacllMeHLS to this Agreement
® Location Map
® Exhibit A: Water Improvements
® Water Estimate
® Exhibit A-1: Sewer Improvements
® Sewer Estimate
❑ Exhibit B: Paving Improvements
❑ Paving Estimate
® Exhibit 13-1: Storm Drain Improvements
® Storm Drain Estimate
❑ Exhibit C: Street Lights and Signs Improvements
❑ Street Lights and Signs Estimate
(Remainder of Page Intentionally Left Blank)
0
Page 1 of 1
Notes
CFA #2010-024, DOE #6376, CP#01467
Map of 9913 White Settlement Rd
Fort Worth, TX 76108-4115
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PART B — PROPOSAL
DEVELOPER AWARDED CONTRACTS
This proposal must not be removed from this book of Contract Documents.
TO: GLOBAL SKY PROPERTIES, L.P.
1 PROPOSAL, FOR; PROJECT NAME: Westpomt 741 -White Settlement and Academy
WATER PROJECT NO, P265-607150146783
SEWER PROJECT NO. P275-707130146753
is FHJL z NO. SD-0250
X NO.21211
-- CITY PROJECT NO. 01467
i � Includes the furnishing of all materials, except materials specified to be furnished by the City,
equipment and labor for the installation of (10 INCH WATER LINE, P INCH SANITARY SEWER LINE,
AND 30 INCH STORM DRAIN IMPROVEMENTS and all necessary appurtenances and incidental work
i to provide a complete and serviceable project designated as:
(WEST POINT
WHITE SETTLEMENT AMD ACAD
Pursuant to the foregoing Notice to Bidders', the undersigned Bidder, having thoroughly
d the Contract Documents, including plans, special contract documents, the General
examine
Contract Documents and General Specifications for Water Depar(ment Projects, the General
Contract Documents and General specifications for Transportation and Public works Projects, the
site of project and understanding the amount of • to be done, and the
conditions, - • proposes to •• all the work,• all labor,equipment and material except
as specified to be finnished by h_ which- to fully complete the work
UNIlI' Io WATER
(Furnish and Install, including all appurtenant work, complete in place, the following items)
(D�No. refers to related items in the Part D - Special Conditions)
Item Approx. Unit Item description written in words/ Unit Price Total
No. Quantity "D99 Item reference Amount (S)
Tie-in to existing 16-inch Water Line
with hlE x 10 Talping Sleeve &Valve
01 1 EA for THuni e 'Dollars and
NO Cents. 3900.00 3900.00
_ 104nch Diameter C900 (DR14) PVC
02 70 LF Water Line by Bore for
Forty -Two Dollars and
seven Cents. 42.07 2944.90
20-inch Diameter Steel Casing for
03 70 LF ogTx Vndred Dollars and
NO Cents. 160.00 11200.00
104nch Diameter C900 (DR14) PVC
04 33 LF Water Line by Open Cut for
Forty -Two Dollars and
Seven Cents. 42.07 1388.31
Standard Fly Assembly, including
64ncbRate Valv Fittings for
OS 1 EA Seventy��e'&liars and
sixt-threECents. 4077.63 4077.63
I4nch CU Water Service Assembly,
including Meter Box, fittings and
06 3 EA ! ffur Se lire fpr one Thousand On
Un re lne y
Five Do Fars and 1 1 95. 00 3585. 00
NO Cents.
Concrete Pavement Repair (8 inch Th.
3500 si w/ #4 Bar 18 inch OCEW) for
07 10 SY Niney Eiah�ollars and
NO Cents. 198.00 1980.00
Ductile lron F"ttin s forOne Thousa d
even Hun
08 1.0 TON Thirty -Nino ars and
sixty-fou2Cents. 1739.64 1739.64
10-inch Cate Valve with Box and Lid
09 2 EA for Fi f teen HuI and
NO Cents. F 1500900 3000. 00
Bermuda Grass Sodding for Parkway
10 400 SF for Two Dollars
ten Cents. 2.10 840.00
64nch Diameter C900 (DR14) PVC
11 10 LF Water Line by Open Cut for
Twenty -Five Dollars and
fifty-two Cents. 25.52 255.20
- WATER - TOTAL AMOUNT BID $ 3 4 910 ®6 8
i JLt! I " r r�
(Furnish and install, including all appurtenant work, complete in place, the following items)
(D-No. refers to related items in the Part D Special - Conditions)
Item
Noo
Approm.
Quantity
Unit
Item description written in words/
I'D" Item reference
Unit Price
Total
Amount (�)
01
1
EA
Tie-in to existing 6-inch SS, including
tandardte g fLdia. C credte W for Tw
ousan i un re
Thiry-Sege of ars and
fifty-threCents.
2537.53
2537.53
8-inch Diameter SDR 35 PVC Sanitary
02
661
LF
Sewer forrwenty-Two Dollars and
twent -nine Cents.
22 0 29
1 4733 e 69
8-inch Diameter SDR 26 PVC Sanitary
03
20
LF
Sewer with Cement Stabilized Backfill
for Nineteen Dollars and
Ninety -Six =. Cents.
19 0 96
399 e 20
Standard 4 ft dia. Concrete Manhole
04
4
EA
foTyjjiT Qusanf)ollars
and NO Cents.
2 0 3 0 v 0 0
8120900
Additional Depth Over 6 feet of
05
6
VF
Standard 4 ft Dia. Manhole for
One HundredDollars and
NO Cents,
1 00 00
600 e 00
Concrete Manhole Collar for
06
5
EA
Five Hundreffl)ollars and
NO Cents.
500000
2500 e 00
44nch Diameter SDR 35 PVC Sanitary
07
2
EA
Sewer Service, � fe Line
and Cleanout forNinety-FivcDollars
and NO Cents.
695 , 00
1 390 0 00
Vacuum Test for One Hundred
08
5
EA
Seventy-FivDollars and
NO Cents.
1 75 e 00
875.00
Trench Safety for
09
681
LF
One Dollars and
ten Cents.
1 0 1 0
7 4 9 e 1 0
Post Construction Cleaning and
10
681
LF
Televising of Sanitary Sewer for
One Dollars and
Cents.
1 0 08
735 , 48
Bermuda Grass Sod for
11
200
SF
Two Dollars and
ten Cents.
2. 10
420 e 00
Bermuda Grass Hydromulch for
12
175500
SF
NO Dollars and
six Cents.
a 06
10 5 0 0 0 0
- TOTAL AMOUNT BID
$ 3411 0
0 0 0
SANITARY
SEATER
T 1.e STORM DRAIN
(Furm'sh and install, including all appurtenant work, complete in place, the following iterns)
(D-No. refers to related items in the Part D Special - Conditions)
Item
No.
Approxe
Quantity
Unit
Item description written _in words/
I'D" Item reference
Remove and Dispose of Existing
Unit Price
Total
Amount (S)
01
01
EA
Concrete Headwall for Two Thousand
Dollars and NO tCOents. W
Ti Woo x0Usail eSri i e@c?r
for seventy Do ars an
2 0 0 0.0 0
2000000
02
01
EA
NO Cents.
2170.00
2170.00
30-inch Diameter Class III RCP Storm
Sewer for Ninty Dollars and
NO Cents.
90.00
900.00
03
10
LF
Concrete Headwall, with all required
04
01
EA
rosi control�ac� rock r� fcr
`aNineousa o s an n e
Thirty-two Cents.
2609*32
2609.32
STORM DRAIN - TOTAL AMOUNT DID
$ 7679.32
BID SUMMARY
- WATER - TOTAL AMOUNT BID
SANITARY SEWER - TOTAL AMOUNT BID
STORM DRAIN - TOTAL, AMOUNT BID
GRAND TOTAL, AMOUNT BID
34910.68
$ 34110.00
7679.32
� 76700.00
After acceptance of this proposal, the undersigned will execute the formal contract and will
deliver an approved Surety Bond and such other bonds as required by the Contract Documents,
for the faithful performance of the Contract. The attached bid security, if required is to become
the property of the Developer.
The undersigned bidder certified that he has obtained at least one set of the General Contract
Documents and General Specifications for Water Department projects dated January 1, 1978,
and that he has read and thoroughly understands all the requirements and conditions of those
General Documents and the specific Contract Documents and appurtenant plans.
M successful Malleir SIMME� 61F l" i � 5 UT1
µ %I
publications, both of which are •. incorporated herein and made ;.{ part hereof for
1-
il`. t l fIi tf `
1. The General Contract Documents &utd Gene=1 SpecIlaIII uua f®u �" %oA
Department Projects dated January 1, 1978, which may he purchased from the
Water Department.
z ( U11. iiU`li •.I illO{ �`'"?N 17111 Its?:.il�0 � di(1!' '1� !+1?tli �ill�'�li
�� .•. '`5 f :d a! tl ;.l 2 tit `+ fIt ' �' ! 1 �";.t E r s
may be purchased rzu wn the e Department of Transportation & Public Works.
cur .
The undersigned assures that its employees and applicants for employment and those of any labor
either furnishing or referring employee
organization, subcontractors, or employment agency 'in ity
applicants • the undersigned are not discriminated r prohibited by - terms of
Ordinance o 7278 as amended by • • • - No. 7400.
1
forthorder, and to complete the contract
as set • the written work order to be - • by - ,•, •
A. The principal place of business of our company is in the State of
Nonresident bidders in the State of , our principal
place of business, are required to be percent lower than resident bidders
`- by state law. A copy of the statute is attached.
Non resident bidders in the State of ,our principal
place of business, are not required to underbid resident bidders.
® B. The principal place of business of our company or our parent company or
majority owner is in the State of Texas.
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:
a`tr
1�ddendum No. 4 (-uu al3)
lZespectfully submitted,
Venus Construction Company
Josh McAda,
Title
President
•. :• •1
Mansfield, Texas
76063
Telephone: 81 7- 4 7 7- 2 0 5 0
gam; 817-473-9366
T �y��..� J, �F -
TICS AGRE�INT, made and entered into this day of f0 A.I3. 20�, by and
beiween of the County of and State of Texas, acting through thereunto duly
authorized so to do, Party of the First Pars, hereinaf$er termed D�iTEL®PER, and of the City
oA Con of and state iJf P al'�i.�l Clf t hG S6i+oidd �su , hereuiui�er teiiiied
�� 'CT®�.
. .
• 1 • • r- r • •. r ._r - - - -
s -� r y- • ,•. t r- • • r.
and all extra work in connection therewith, under the terms as stated in the General Conditions ofthe
_ Agreement and at his (or their) own proper cost and expense to furnish all the materials, supplies,
machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services
necessary to complete the said construction, in accordance with the conditions and prices stated i�a t�'�e
�. Proposal attached hereto, and in accordance with the Notice to Contractors, General and Special
_ Conditions of Agreement, Plans and other drawings and printed or written explanatory metier
thereof, and the Specifications and addenda therefor, as prepared by
I-�u�nan Consulting �n�ineers
915-I� North Nolan River Road
Cleburne, TX 76033
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Up�at�: 10/7/2009
Agreement
� 5�i'� �� ���', the parties to these presents h��e e�ect�ted tb.�s ��eeznent in the
year and day first above vvritien.
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Updated: 10/7/2009
Parry of the Second Part
(C®N'pItACT®R)
�V�A�� __.�- �` Ven'.:s �'Onstriic�-�1i On C'.ompal�y
'"" � By. - - o �
Josh McAda, President
J d11Utd �1-vwil
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