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Home My WebLink AboutContract 45533 (2)rn rn rn eits CITY SECRETARY45:51, � CONTRACT NO. Developer and Project Information Cover Sheet: Developer Company Name: Crimson Building Company, LLC Address, State, Zip Code: 1903 Central Drive, Suite 404 1 Bedford, TX 76021 Phone, E-Mail: (817) 684-3444, eric@crimsonbuilders.com Authorized Signatory/Title: Eric Little, Managing Member/President Project Name and Brief Description: Water and Sanitary Sewer Improvements to serve Vickery Apartment Building Project Location: 801 W. Vickery Boulevard, Fort Worth TX Plat Case No.: FS-13-183 Plat Name: Jennings South Addition Council District: 9 City Project No: 02271 CFA: 2014-013 DOE: 7217 To be completer by staff: . is Received by: Combined CFA Agreement — Revised January 2014 Date: 312-Cn OFFICIAL RECORD CITY SECRETARY Ft WORTH, TX COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS COUNTY OF TARRANT § § City Secretary Contract No. 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 Vickery Apartments Building ("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 Proj ect. 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 officially accepted the Improvements. Developer acknowledges that the said acceptance process requires the Developer's contractor(s) to submit an 2 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: Water (A) X 1 Sewer (A-1) X , Paving (B) N/A Storm Drain (B-1) _N/A , Street Lights & Signs (C) N/A 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 Combined CFA Agreement — Revised January 2014 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 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 Depth fluent. 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. 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, Combined CFA Agreement — Revised January 2014 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. 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. 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) Combined CFA Agreement — Revised January 2014 Cost Summary Sheet Project Name. Vickery Apartment Building CFA No.: 2014-013 DOE No.: 7217 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 $ 17,438.00 2. Sewer Construction $ 18,777.00 Water and Sewer Construction Total $ 36,215.00 B. TPW Construction 1. Street $ 2. Storm Drain $ 3. Street Lights Installed by Developer $ TPW Construction Cost Total $ Total Construction Cost (excluding the fees): $ 36,215.00 Construction Fees: C. Water/Sewer Inspection Fee (2%) $ 724.30 D. Water/Sewer Material Testing Fee (2%) $ 724.30 Sub -Total for Water Construction Fees $ 1,448.60 E TPW Inspection Fee (4%) $ F. TPW Material Testing (2%) $ G. Street Light lnspsection Cost $ H. Street Signs Installation Cost $ - Sub -Total for TPW Construction Fees $ - Total Construction Fees: $ 1,448.60 Choice Financial Guarantee Options, choose one Amount (ck one) 'Bond = 100% $ 36,215.00 X 'Completion Agreement = 100% / Holds Plat $ 36,215.00 Cash Escrow Water/Sanitary Sewer= 125% $ 45,268.75 Cash Escrow Paving/Storm Drain = 125% $ Letter of Credit = 125% w/2yr expiration period $ 45,268.75 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 peveloper has execut d this instrument in quadruplicate, at Fort Worth, Texas this O day of( 20)l� CITY OF FORT WORTH - Recommended by: Water Department Wendy Chi- Developmen't Engineering Manager abulal, EMBA, P.E. Approved as to Form & Legality: Douglas W. Black Assistant City Attorney M&C No. WA Date: ATTEST: Mary Jr Ka City Secretary ATTEST: 1 Signature (Print) Name: get 441 elµ�rDSes. Combined CFA Agreement - Revised January 2014 Transportation & Public Works Department Douglas W. Wiersig, P.E. Director Approved by City Manager 's Office Fernando Costa Assistant City Manager DEVELOPER: Crimson : uilding Company, LLC Signature Print Name: 'c--,-"rla Title: ` r/097"ft i OFFICIAL RECORDI CITY SECRETARY FT. WORTh, TX 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 n Street Lights and Signs Estimate ra ►1 ►1 ►s ►1 n (Remainder of Page Intentionally Left Blank) 00 41 00 BID FORM Page 1 of 14 SECTION 00 41 00 BID FORM TO: The City Manager c/o The Purchasing Department 1000 Throckmorton Street City of Fort Worth, Texas 76102 FOR: Vickery Apartment Building SEC Vickery Blvd. and Lipsomb St. City Project No: DOE #7217 City # 02271 Units/Sections: Utility Paving Drainage Electrical 1. 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 deal;n9 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 Bid Document.xls 00 41 00 BID FORM Page 2 of 14 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 Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequallfied contractors and subcontractors: a. Utiliy b. Paving c. Drainage d Electrical 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 'ddjrs ° days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 oVthe 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 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form, Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 e. MWBE Forms (optional at time of bid) f. Prequalification Statement, Section 00 45 12 g. Conflict of Interest Affidavit, Section 00 35 13 *If necessary, CIQ or CIS forms are to be provided directly to City Secretary h. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 Bid Docurhent.xls 00 41 00 BID FORM Page 3 of 3 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. 6.3. Total Bid 7. Bid Submittal This Bid is submitted on Respectfully su By: Title: Company: n clirtYk (Printed Name) V' 11.:3 r 2--t by the entity named below. Receipt is acknowledged of the following Addenda: Addendum No. 1: Addendum No. 2: Addendum No. 3: Addendum No. 4: Lv'arw G C v,+i N 111\1 t✓ L L Corporate Seal: Address: i eid y C 7��L p (p✓' tGr) 6 vvTf- `� d 4,---4)rei 0-1-� / (� 71 0 Lam' State of Incorporation: Email: Phone: j 14 Li END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 �C, Initial CFA Copy of Bid Document SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID WATER IMPROVEMENTS Bidlist Item No. 1 2 3 4 5 6 7 VICKERY APARTMENTS Description Trench Safety Utility Markers 6" Water Pipe Connection to Existing 4"-12" Water Main 2" Private Water Service 8" Cut -in Gate Valve 8" x 6" Tapping Sleeve & Valve CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Font Revised 20120120 Specification Section No. 3305.0109 3305.0110 3311.0141 3312.0117 3312.2204 3312.3103 3312.4004 Alternate Bid Deductive Alternate Bid Additive Alternate Bid 1 Unit of Measure LF LS LA EA LF EA EA 00 42 43 BID PROPOSAL Page 1 of 6 Bidder's Application Bid Quantity 10 1 46 2 4 1 1 Bidder's Proposal Unit Price $8.00 $500.00 $24.00 $1,200.00 $950.00 $1,600.00 $3,200.00 Total Base Bid I 1 I Total Alternate Bid I I --- -TotalDeduc ive Alternate Bid I ' - - Total Addi ive Alternate Bid Total Bid Water Line Section' Bid Value $80.00 $500.00 $1,104.00 $2,400.00 $3,800.00 $1,600.00 $3,200.00 Lari $12,684.001 $12,684.001 CFA Copy of Bid Docwaeatxls PROPOSAL FORM UNIT PRICE BID SEWER IMPROVEMENTS Bidlist Item No. 1 3 4 5 6 7 8 9 10 11 VICKERY APARTMENTS Description Remove 4" Sewer Line Asphalt Pvmt Repair, Sewer Service Utility Markers 6" 2-way Cleanout 6" Private Sewer Service 6" Sewer Service, Reconnection Concrete Encase Sewer Pipe Post -CCTV Inspection Manhole Vacuum Testing Bypass Pumping Trench Safety CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Fomr Revised 20120120 Specification Section No. 0241.2011 3201.0150 3305.0110 3331.3202 3331.3205 13331.3312 10330.0001 3301.0002 3301.0101 3303.0001 3305.0109 Alternate Bid Deductive Alternate Bid Additive Alternate Bid 1 A0 42 43 BID PROPOSAL Page 2 of 6 Bidder's Application Unit of Bid Measure Quantity LF 55 LF. 45 LS 1 EA 4 LF 84 EA CY 1.3 LF. 84 EA 1 LS 1 LF. 84 1 Bidder's Proposal Unit Price $20.00 $49.00 $500.00 $750.00 $24.00 $1,000.00 $500.00 $10.00 $1,500.00 $1,000.00 $8.00 Total Base Bid Total Alternate Bidl Total Deductive Alternate Bid 1 Total Additive Alternate Bid Total Bid Sewer Line Section) Bid Value $1,100.001 $2,205.001 $500:0D $3,000.001 $2,016.001 $1,000.00 $650.00 $840.00 $1,500.00 $1,000.00 $672.00 $14,483.00 $14,483.001 CFA Copy of Bid Doctunent.sls co 1-- cn I TEXAS m cpv) ' 3 TH --m— CC D W o cn n 1 BR I I SITE JARVIS DAGGETT ADWAY PENN SYLV NIA 0 W ST VICKERY DAiGGE BROADVvAY 0 Li J VICINITY MAP MAPSCO #76H GRAPHIC SCALE 500 0 250 500 1000 1105 CHEEK SPARGER RD. SUITE #1 . COLLEYVILLE, TX 76034 PHONE: 817281.0572 WWVV.CLAYMOOREENG.COM VICKERY APARTMENTS IMPROVEMENTS CFA EXIIIBITS NO MIN 1 inch. 1005. ENGINEERING' 0 5 § EXISTING 8" GATE VALVE TO BE ADJUSTED TO MATCH FINISHED GRADE PROPOSED: (1)DOMESTIC METER !!! N8911137't 100.07' LEGEND ss PRIVATE 2" WATER LINE - - PROP. PRIVATE DOUBLE DETECTOR CHECK WILL BE INSTALLED IN FIRE RISER ROOM PROPOSED WATER LINE EXISTING SANITARY SEWER EXISTING WATER LINE EXISTING WATER LINE VALVE PROPOSED 8" GATE VALVE EX. 8" WATER LINE EX. 21" SEWER LINE PRIVATE 6" FIRE 1,0 EXHIBIT A WATER GRAPHIC SCALE 0 5 10 1 Inch • 20 0. 20 (I) m ENGINEERING 1105 CHEEK SPARGER RD. SUITE #1 COLLEWILLE, TX 76034 7E' PHONE: 817.281.0572 8 VVWW.CLAYMOOREENG.COM 1 1 1, 1,1 " 1' .1.11 11 1'111,1, " 11, 1,1 11, 1 1 1 '1' 11y 1,1, 1, 11" '1, 1, 1, " " .11y y 1, " • 1, 1' I• I,' 11, " ,.11. 111. " " V,. 11, " • 11y 1, 111y y 1 VICKERY APARTMENTS IMPROVEMENTS CFA EXHIBITS PROPOSED 84 LF 6" SS REMOVE 48 LF OF EX. 4" SS LEGEND SS PROPOSED SEWER LINE EXISTING SANITARY SEWER ------- EXISTING WATER LINE EXISTING WATER LINE VALVE 2 0 o_ rr t - EX. 48" STORM LINE EX. 21" SEWER LINE CONNECT PROPOSED 6" SERVICE LINE TO EXISTING MANHOLE PROPOSED 8" WATER LINE (BY OTHERS) 1.0 EXHIBIT Al WASTEWATER GRAPHIC SCALE 0 s 10 hod: 6meav 1 Inch 20 ft. 2P CLAY RE ri ENGINEERING 1105 CHEEK SPARGER RD. SUITE #1 ; COLLEYVILLE,1X 76034 PHONE: 817.281.0572 VVWVV.CLAYMOOREENG.COM VICKERY APARTMENTS IMPROVEMENTS CFA EXHIBITS