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HomeMy WebLinkAboutContract 45794 (2)CITYSECRETAnII CONTRACT No. _5'I I K .F .. r. . SHORT FORM COMMUNITY FACILITIES AGREEMENT •• I • , .. a • • Legal Description or Address Approx. 2301 Heritage Trace Pkwy. Project Name: Heritage Trace Pkwy. Median Improvements a, Carrier Dr. WHEREAS, this Agreement is by and between the City of Fort Worth, a Texas municipal corporation ("City"), RJ Ft. Worth, LLC, an Idaho limited liability company, authorized to do business in Texas ("Developer"), and Hill & Wilkinson, Inc. 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 Heritage Trace Parkway and Carrier Drive as shown on Attachment "A" incorporated herein; and WHEREAS, Developer desires to make improvements to the property consisting generally of installing a median break and turn lane in Heritage Trace Parkway at Carrier Drive 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 installing a median break and turn lane in Heritage Trace Parkway at Carrier Drive 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 indi C. ;OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX The construction and installation of the Improvements shall be per -ormed-accord 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 Short Form CFA (Issued 2.07.2013) Page 1 RECEIVED JUL 2 8 2014 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 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 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 Agreements 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 Street Lights and Signs Estimate IV. A. It is agreed by and between the parties that a Maintenance Bond, in the form as provided by City in the amount of One Hundred Percent (100%) of the Improvements shall be furnished by Contractor in favor of City for a period of two (2) years from the date of acceptance of the Improvements. Short Form CFA (Issued 2.07.2013) Page 3 B. In the event the amount of this contract is in excess of the sum of Twenty -Five Thousand Dollars ($25 000.00), a Perfoinuance Bond, in the foiiin 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 Rhin 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/XWgOvi VII. This contract shall bind the parties, their heirs, successors, assigns and representatives for the full and faithful performance of the teni's hereof, jointly and severally. VIII. It is understood and agreed that all installations of Improvements made under the terms of this Agreement shall, upon acceptance of same by the City, immediately become the property of the City, as provided for by separate instrument, or this Agreement. IX. A. The Developer covenants and agrees to, and by these presents does hereby, fully indemnify, hold harmless and defend the City, its officers, agents and employees from all suits, actions or claims of any character, whether real or asserted, brought for or on account of any injuries or damages sustained by any persons (including death) or to any property, resulting from or in connection with the construction, design, performance or completion of any work to be performed by said Developer, his contractors, subcontractors, officers, agents or employees, or in consequence of any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of said DEVELOPER, his contractors, sub -contractors, officers, agents or employees, except to the extent 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 teiin 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 LIABILITY INSURANCE Statutory Limit $100,000 Each Accident $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 Short Form CFA (Issued 2.07.2013) Page 5 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 Font! 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 ternms, 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 tenus, sections subsections, sentences, clauses, phrases, provisions, covenants, or conditions of this contract shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. XII. This Agreement is performable in the State of Texas and shall be governed by Texas Law. Venue shall be in the county in which the work under this Agreement is performed. XIII. This Agreement may be executed in multiple counterparts which, when taken together, shall be a part of one document. STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Fernando Costa, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of City of Fort Worth, and that he executed the same as the act of City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ..2,4 day of jAitie , 2014 ni 6.. PIA ceN erg, Notary Public in and for the State of Texas a �-•'� Y eU"''•• LINDA M. HIRRLINGER �: 4 • • sse i . g MY COMMISSION EXPIRES •t,Q; t February 2, 2018 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 DEVELOPER: 4774411441441 ‘4/ Fernando Costa, Assistant City Manager Date: Recorn ended By: 10 Li Douglas Wiersig Director, TPW Department Approved As To Form And Legality: " 64: Douglas W. Black Assistant City Attorney ATTES tt ary J. Kaysrer,%� City Secretary �� By: Mark A. Bullock Manager Date: Ce CONTRACTOR: By: NAME: TITLE Date: M&C: kla4 Date: yma ©1Ftn©0 N Rncngssms art Ysigun �, O t Short Form CFA (Issued 2.07.2013) Page 7 STATE OF Rfp-ii COUNTY OF scuk Lick, BEFORE ME, the undersigned authority, a NotaryPublic in and for the State of Lt1Tth , on g Y� this day personally appeared Mark A. Bullock, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of Developer RJ Ft. Worth I, LLC, an Idaho limited liability company, and that he executed the same as the act of DEVELOPER'S LEGAL NAME for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFI t r son • gas Notary Public RICHARD LIMB Commission #681823 My Commission Expires December 17, 2016 State of Utah J IS M OM V Notary Public in and for the State of kat,i7 Short Form CFA (Issued 2.07.2013) Page 9 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 DEVELOPER: Fernando Costa, Assistant City Manager Date: Recommended By: Douglas W. Wiersig Director, TPW Department Approved As To Form And Legality: Douglas W. Black Assistant City Attorney ATTEST: Mary J. Kayser City Secretary By: Mark A. Bullock Manager Date: C By. AME: Paul Driscoll TITLE: Chief Executive Officer Date: June 30, 2014 M&C: Date: Short Form CFA (Issued 2.07.2013) STATE OF Texas COUNTY OF Collin s BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas , on this day personally appeared Paul Driscoll o Chief Executive Officer , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of Contractor Hill & Wilkinson Construction Group, Ltd. , and that he executed the same as the act of CONTRACTOR'S LEGAL NAME for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE t'7is 30th ,2014 3 at oNA Re HANKINS Notary Public State of Texas -onus). Expires 06/09/2017 day of June l Notary Public in and for the State of Texas Tina Hankins 113 7. LOT 1, BLOCK 1 TEXAS, ADDITION ,�' D2140607 0 UOPRTCTI ATTACHMENT A AND B I HERITAGE TRACE PARKWAY .....asizzz7 58X 53 54 55 56 57 PRESIDIO V1 LACE CAB. „I SLIDE 10902 OPRTCT LEGEND DATE: PROTECT it DRAWN BY CHECKED Br SHEET NO: 58 10' CONCRETE PAVEMENT 04423,14 2719-00-04 S. BELL K. NILSON 2 OF 4 1 100 I 1 REMAINDER CALLED 575.484 BAPTIST FOUNDATION OF TEXAS VOL, 9858, PG. 1517 CRTCT /7777/.7.722W- 2 Pi 3 4 5 ESIDIO VILLA 7E B. A, S. IDE 11459 OPTi1TCT 0 50 1 100 1 inch = 100 ft. HERITAGE TRACE PARKWAY MEDIAN IMPROVEMENTS AT CARRIER DRIVE m m 6 7 a 200 1 mycosk a+I mcirmis -associates aw.nlatr. cro rxs.Ww rrdlna..*Hrrn.s vt..+c ty,a mptsbates, number: f — 2759 200 east sl carom ariingt.n, takes 76010 817-486-1671 fax: 817-271-8707 .v. m mateaas.cam • Short Form CFA (Issued 2.07.2013) ATTACHMENT C SECTION 00 42 43 PROPOSAL FORM Heritage Trace Pkwy Median Improvements at Carrier Drive UNIT PRICE BID Bidiist Item No 1-01 2-01 3-01 Project Item Information Dt cripIion UNIT I: WATER UNIT II: SANITARY SEWER UNIT III: DRAINAGE IMPROVEMENTS 3305.0114 Manhole Adjust, Major w/Cover UNIT IV: PAVING IMPROVEMENTS 4-01 0241.1300 Remove Curb & Gutter 4-02 3213.0105 10" Conc Pvmt 4-03 9999.0001 8" Compacted Subgrade 4-04 9999.0002 Unclassified Excavation 4-05 3217.1002 Lane Legend Arrow 4-06 3217.1003 Lane Legend Obi Arrow 4-07 3217.1004 Lane Legend Only 4-08 3217.0201 8" SLD Pvmt Marking HAS (W) 4-09 3217.0401 18" SLD Pvmt Marking HAE (VY) 4-10 3217.2102 REFL Marker Type 1-C 4-11 3292.0100 Block Sod Placement 4-12 3471.0001 Traffic Control UNIT V: STREET LIGHTING IMPROVEMENTS 5-01 2605.3015 2" - SCH 80 PVC Conduit (T) 5-02 3441.1502 Ground Box wl Apron 5-03 3441.3404 2-2-2-4 Quadplex Alum Elec Conductor 5-04 3441.3502 Relocate Street Light Pole Specification Section No 33 05 14 02 41 15 32 13 13 32 17 23 32 17 23 32 17 23 32 17 23 32 17 23 32 17 23 32 92 13 34 71 13 26 05 33 34 41 10 34 41 20 34 41 20 SUMMARY END OE SECTION Unit ofMcasur LF SY SY CY EA EA EA LF LF EA SY MO LF EA LF EA Bidder's Application Bidders Proposal Bid Quantity Unit Pnce UNIT I TOTAL:I UNIT II TOTAL:I 1 $2,000.00 UNIT III TOTAL: 822 1258 1336 590 1 1 1 380 23 21 2324 1 30 2 200 1 $5.00 $56.12 $2.00 $10.00 $115.00 $230.00 $125.00 $2.00 $4.50 $4.00 $3.55 $2,476.00 UNIT IV TOTAL:I $15.00 $550.00 $3.00 $2,950.00 UNIT V TOTAL:I UNIT I TOTAL. UNIT 11 TOTAL: UNIT III TOTAL: UNIT IV TOTAL: UNIT V TOTAL TOTAL BID Bid Value $0,00 $0.00 $0.00 $0.00 $2,000.00 $2,000.00 $4,110.00 $701598.96 $21672.00 $51900.00 $115.00 $230.00 $125.00 $760.00 $103.50 $84.00 $81256.00 $2,476.00 $95,430.461 $450.00 $11100.00 $600.00 $2,950.00 $5,100.001 $0 00 $0.00 $21000.00 $951430 46 $5,100.00 $102,530.46