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HomeMy WebLinkAboutContract 47069 (2)CITY SECRETARY J1 �O/„ l CONTRACT NO. 'I �Y..L. Developer and Project Information Cover Sheet: Developer Company Name: Hillwood Alliance Services, LLC Address, State, Zip Code: 13600 Heritage Pkwy Suite 200 Fort Worth TX 76177 Phone & Email: 817-224-6000 ussell.laughlin@hillwood.com Authorized Signatory, Title: L. Russell Laughlin, Senior Vice President, Properties Division Project Name and Brief GTB Business Park- Water & Sewer Improvements Description: Project Location: Plat Case Number: FP-14-095 Mapsco: NE Corner of Golden Triangle Blvd and Future Park Vlsta Dr Plat Name: GTB Business Park Council District: CFA Number: 2015-055 To be completed by staff: City of Fort Worth, Texas Community Facilities Tri-Party Agreement CFA Official Release Date: 05.01.2015 Page 1 of 9 City Project Number: 02584 DOE Number: Date: • w RECEIVED SEP 3 0 2015 cm( ViSni �$k RETARY • 7464 • f; �U SECRETARY CONTRACT 1M COMMUNITY FACILITIES TRI-PARTY AGREEMENT Legal Description or Address: GTB Business Park Block 1 Lot 1 Project Name: GTB WHEREAS, this Agreement is by and between the City of Fort Worth, a Texas municipal corporation ("City"), Hillwood Alliance Services LLC authorized to do business in Texas ("Developer"), and Conatser Construction TX, L.P., 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 GTB Business Park Block 1 Lot 1 (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 Impoovements (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 Improvements (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. 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 City of Fort Worth, Texas Community Facilities Tri-Party Agreement CFA Official Release Date: 05.01.2015 Page 2 of 9 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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. 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 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 Seivices 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 x • ■ 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 City of Fort Worth, Texas Community Facilities Tri-Party Agreement CFA Official Release Date: 05 01 2015 Page 4 of 9 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 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 Contactor 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/XWgOvi 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 City of Fort Worth, Texas Community Facilities Tri-Party Agreement CFA Official Release Date: 05 01 2015 Page 5 of 9 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 iniuries, 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 iniuries, 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 Employers Liability City of Fort Worth, Texas Community Facilities Tri-Party Agreement CFA Official Release Date: 05.01.2015 Page 6 of 9 Statutory Limit $100,000 Each Accident. LIABILITY INSURANCE $500,000 Disease Policy Limit Commercial General Liability $1,000,000 Per Occurrence $2,000,000 Aggregate (No standard coverages are to be excluded by endorsement) AUTOMOBILE LIABILITY INSURANCE Commeicial 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 Forni 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 Liabihty 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 By: Jesus J. Chapa Assistant City Manager Date: Q40 --1;� Recommended by: ft Wendy Chi-B bulal, E A, P.E. Development Engineering Manager Water Department a/Q. Douglas W. Wiersig, P.E. Director Transportation & Public Works Department City of Fort Worth, Texas Community Facilities Tri-Party Agreement CFA Official Release Date: 05.01.2015 Page 8 of 9 Approved as to Form & Legality: Douglas W. Black Assistant City Attorney M&C No. A%/ia Date: • OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX HILLWOOD ALLIANCE SERVICES, L.P., a Texas limited partnership 1 Name: . Russ- l . uhlin Title: Senior Vice 'resident, Properties Division Date: ul. kk901 CONATSER CONSTRUCTION TX, L.P. Name: Brock Huggi i0 Title: Vice President Date: 8" 3 1-' ir ATTEST: (lam l �' X/ ,�°� ._\ Mary J. yoWl City Sectary City of Fort Worth, Texas Community Facilities Tri-Party Agreement CFA Official Release Date: 05.01.2015 Page 9 of 9 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX • i N I� I� r ILO WO W Z -W Cep 0O zv FUTURE PARK VISTA DR SITE .GOLDEN TRIANGLE BLVD 1 co w U W o] HERITAGE TRACE P NORTH TARRANT PARKWAY N BEACH ST BASESNOOD BLVD RAY WHITE ROAD i #110 NORTH NOT TO SCALE GTB BUSINESS PARK PHASE 1 DATE: JULY 2015 OWNER / DEVELOPER. HILLWOOD ALLIANCE SERVICES, LLC 13600 HER TAGE PARKWAY, SUITE 200 FORT WORTH, TEXAS 76177 PHONE: (817) 224 - 6000 ENGINEER: li!!I P E LOTO N NI LAND SOLUTIONS 5751 KROGER DRIVE SUITE 185 KELLER, TX 76244 PHONE: 817-562-3350 d i gl�liu{w,vlwpu ii'u{I lyulyuywipwpuullYkWliliwYpii�Vv1wY'u4wV4iYl lOsuii+WsDISI III0 p laiopugml l414AIASIAIL AIIIIY,141411 IIpmy'h'11u11vILISSO. upw41 pugoly y W ipu uaa wY11' ". i'4w Ww bi a powikLu liaoli 1y'wlpoiWopap W Iodilarywlyui44411yllpw 1411WW444 any,w,alywro,'ullw14wywywpw4plp 1p1 THE ENCLAVE ON GOLDEN TRIANGLE CABINET A SLIDE 10632 P.R.T.C.T. LP. VOLUA E 13588. PAGE 188 M j EX16"WTfj„_ LEGEND PROPOSED WATER LINE EXIST WATER LINE GATE VALVE NOTE: ALL PROPOSED WATER LINES ARE 8" UNLESS OTHERWISE NOTED EXHIBIT A - WATER 8" GV 18" GV V AIL NVESTMENTS LP. VOLUME 13588, PAGE 1E18 C.R.T.C.T. � "59. 1 5 55 50. I I 0 NORTH 200' GTB BUSINESS PARK PHASE 1 GRAPHIC SCALE DATE: JULY 2015 OWNER / DEVELOPER• HILLWOOD ALLIANCE SERVICES, LLC 13600 HERITAGE PARKWAY, SUITE 200 FORT WORTH, TEXAS 76177 PHONE: (817) 224 - 6000 li!II PELOTON 111 I LAND SOLUTIONS 5751 KROGER DRIVE SUITE 185 KELLER, TX 76244 PHONE: 817-562-3350 N UAANDAALDoIWOWn4104311.414.6 m41 Y e4LWn4.14531Iw.41W 1103 343.01 41404N'3.11314W4NWY4 Y4Y��y'wuwoiyoYwwn4uyolw4wWnJ y 4 wdWioWaY�YIuW�WIJYw4uY''W IIlAwufl NNANY1635DNIANDALINIIANNYNIE"'Iuyn"'LLWYI14uiW'NDAADDAupigisndiuWwuwwiWvtW+m.'WuuDADDANILDuw'WD44,01.. THE ENCLAVE ON GOLDEN TRIANGLE CABINET A SLIDE 10632 P.R.T.C.T. Ises LEGEND AIL INVESTMENTS L.P. VOLUME 13588. PAGE 188 CR.T.C.T. EX 27" SS 8" SS MANHOLE PROPOSED SEWER LINES EXIST SEWER LINES MANHOLE NOTE: ALL PROPOSED SANITARY SEWER LINES ARE 8' UNLESS OTHERWISE NOTED EXHIBIT Al - WASTEWATER <c NC y73 7311 m73 AIL INVESTMENTS L.P. VOLUME 13588, PAGE 188 C.R.T.C.T. 1 --6" SS MANHOLE 8' SS .010 Irsdf- MANHOLE 41910 0 NORTH 200' GTB BUSINESS PARK PHASE 1 GRAPHIC SCALE DATE: JULY 2015 OWNER / DEVELOPER* HILLWOOD ALLIANCE SERVICES, LLC 13600 HER TAGE PARKWAY, SUITE 200 FORT WORTH, TEXAS 76177 PHONE: (817) 224 — 6000 hill PE LOTO N 1.1 LAND SOLUTIONS 5751 KROGER DRIVE SUITE 185 KELLER, TX 76244 PHONE: 817-562-3350 301 P E LOTO N LAND SOLUTIONS 5751 KROGER OR. STE, 185 ! KELLER, TX 757ta ; 817.552.3350 ITEM NO. 3311.0261 3311.0161 3312.3002 3312.3003 0241.1118 0241.1118 3312.2003 3312.2103 3312.0105 3311.0001 9999.0000 3305.0109 3125.0101 3331.3301 3331.4115 3331.3201 3331.3202 3331.3302 3339.1002 3339.1102 3339.1103 3339.1003 3339.0001 0241.1000 3201.0616 3305.0109 3471.0001 3301.0002 3301.0101 BID ITEM 8" PVC Water Pine 6" PVC Water Pipe 6" Gate Valve 8" Gate Valve 6" PRESSURE PLUG 8" PRESSURE PLUG 1" Water Service 1 1/2" Water Service Connect to Ex 12" Water Main Ductile Iron Water Fittings Concrete Blocking, Type B Trench Safety SWPPP z 1 Acre 8" Sewer Service 8" Sewer Pipe 6" Sewer Service 6" 2-way Cleanout 8" 2-way Cleanout 4' Drop Manhole 5' Drop Manhole 5' Extra Depth Manhole 4' Extra Depth Manhole Epoxy Manhole Liner Remove Conc Pvmt Conc Pvmt Repair, Arterial/Industrial Trench Safety Traffic Control Post Construction CCTV Manhole Vacuum Testing CFA Quantity Take Off GTB Business Park - Phase 1 Water & Sanitary Sewer Improvements Project Number: HWA14035 Prepared For: Hillwood Alliance Services, L.P. Date: June 17, 2015 File Name: CFA PROJECT QUANTITY MATRIX SHEET NO. ITEM TOTAL UNIT PRICE ITEM TOTAL COST UNIT 6 8 14 LF 551 551 $50.00 $27,550.00 LF 7.5 7.5 $42.00 $315.00 EA 1 1 $1,000.00 $1,000.00 EA 3 3 $1,250.00 $3,750.00 EA 1 I $750.00 $750.00 EA 3 3 $950.00 $2,850,00 EA 1 1 $1,000.00 $1,000.00 EA 1 1 $2,500.00 $2,500.00 EA 1 1 $1,000.00 81,000.00_ TON 0.56 1 $4,500.00 $2,520.00 CY 0.2 0 $200.00 $40.00 LF 558.5 559 $2.00 $1,117.00 LS 1 1 $1,500.00 $1,500.00 Total Water Improvements $45,892.00 EA 1 1 $1,500.00 $1,500.00 LF 46 46 $65.00 $2,990.00 EA 1 1 $1,200.00 $1200.00 EA 1 1 $500.00 $500.00 EA 1 1 $650.00 $650.00 EA 1 1 $5,200.00 $5,200.00 EA 2 2 $7,500.00 $15,000.00 VF 23 23 $250.00 $5,750.00 VF 7 7 $225.00 $1,575.00 VF 48 48 $195.00 $9,360.00 SY 95 95 $30.00 $2,850.00 SY 95 95 $90.00 $8,550.00 LF 46 46 $6.00 $276.00 MO 1 I $3,500.00 $3,500.00 1,F 46 46 $10.00 $460.00 EA 3 3 $100.00 $300.00 Total Sanitary Sewer Improvements $59,661.00 Total Improvements $105,553.00