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HomeMy WebLinkAboutContract 45799 (2)On( n( mar (Anew la Developer and Project Information Cover Sheet: Developer Company Name: Sphinx Development Corporation Address, State, Zip Code: 3030 LBJ Freeway, Suite 1350 I Dallas, TX 75234 Phone, E-Mail: (214) 342-1405, joseph@sdcus.com Authorized Signatory/Title: Joseph Agumadu, Chief Operating Officer Project Name and Brief Description: Paving, Drainage and Street Light Improvements for Harmon Road Project Location: 9300 Harmon Road, Fort Worth TX 76177 Plat Case No.: FP-012-054 Plat Name: Presidio Village South Council District: 7 City Project No: 02211 CFA: 2013-079 DOE: 7168 To be completekb taff f . Received by: c Date: Lc) I 1 F G ©GfL r__ CNN. kJjj [3 t ?. O C G 111(1�i j \ Li FE ECEIVED JIJL 1 r 2U7! Combined CFA Agreement — Revised January 2014 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § 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 Harmon Road ("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") m 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 fmancial 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) , Sewer (A-1) ,, Paving (B) X, Storm. Drain (B-1) X , Street Lights & Signs (C) X . 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. hi 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 msurance 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 Department. 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 fmancial 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: Harmon Road CFA No.: 2013-079 DOE No.: 7168 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 2. Sewer Construction - Water and Sewer Construction Total $ - B. TPW Construction 1. Street 2. Storm Drain 3. Street Lights Installed by Developer TPW Construction Cost 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 Water 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 Options, choose one I Bond = 100% 'Completion Agreement = 100% / Holds Plat 'Cash Escrow Water/Sanitary Sewer= 125% (Cash Escrow Paving/Storm Drain = 125% 'Letter of Credit = 125% w/2vr expiration period 696,153.00 37,052.00 89,762.00 822,967.00 822,967.00 29,328.20 14,664.10 3,590.48 47,582.78 47,582.78 Amount 822,967.00 822,967.00 1,028,708.75 1,028,708.75 I Choice (ck one) ' III 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 execute I this instrument in at Fort Worth, Texas this ` ' day of quadruplicate, - .°_f L .-_ 20 CITY OF FORT WORTH A Recommended by: Water Department Wendy Chi-Babulal, EMBA, P.E. Development Engineering Manager Approved as to Form & Legality.' Douglas W. Black Assistant City Attorney M&C No. AM - Date: ATTEST: ((�� NE©FIA A. NORTEY My Commission Expires February 26, 2016 Transportation & Public Works Department Douglas WiWiersig, P.E. Director Approved by City Manager's Office so...4 cool Fernando Costa Assistant City Manager DEVELOPER: Sphinx Development Corporation Print Name: Title: Signa C/l-t Gt-% ©V 1 tl C U 1 ,1 L t,-aCc T [[ Combined CFA Agreement — Revised January 2014 Uu N/Olf;\ U J'_LIy LM Check items associated with the project being undertaken; checked items must be included as Attachments to this Agreement Included Attachment rs rs ►1 rs r 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 (Remainder of Page Intentionally Left Blank) IIMI AZL_ 5 \ \ I I , , .• , - --\AGINAWI _g e , V, \, - - -- '-• N - M - B LOLIEUN D LAKE WORTwR /Gift H is\ FR JIVF I 1 NO CARSWELL AIR FORCE BASE SPHINX P.OJECT LOCATION EAGLE MOUNTAIN LAKE LAKESIDE LAKE WORTH P WH Er SETT EMENT 1 _1 MEACHAM w I ° \ SAN-ISOM -- i'ARK •2' \ • — - I OAKS BENBROOK --; ;7, BENBROOK RESERVOIR fl WESTWORTH , tri, 'VILLAGE .2-----rif r<I\ 'WESTOVER „- --1- 1"--t- HILLS1 irri- I I : L-2- il -17 I !: .,, __± _ ,,/,,,{ I i I u. r I = 2, 1 . 0 HARMON go ALTA VISTA AIRPORT , PIALT04;1 4_ NORTHEAST GOODE ' AIRPORT ! KELLER ..• ,• NiiRIC:CLRLIHTsLAH / I ) I r WATAULGA POP no I 2EDGECLIFF - VILLAGE (--- ----- CROWLEY COLLE LLE BEDFIORD __ 1.,_ i ! - g FORT , i.,,,, CO I _ \-t --WO RiTH __ ... , . _ ._.,,, i ii. . , .. _ / ; ' EAST • . . ARLING 0N--r „I LAKE - --1LHr1_ ARLJNCTON ' 1 /DALWORTHINdT6N GARDE' J FOREST HILL I KENNIDALE \ tt.c__IERM N j H6CST LOOP MANSFIE,L.D BURLE ON _ FORT WOAIRRTFHORTSPINKS . .7.3Baird, Hampton (Sc 3rown, nc. Engineering & Surveying 6300 Ridg‘ee Place Suite 700 Ft. Worth, TX 76116 Tel:(1317)338-1277 Fax:(617)338-9245 E—Maii:mail@bhbinc.com Certificate of Authorization # F-000044 ji 1'mad. w EXHIBIT 1A - LOCATION MAP BHB PROJECT NO. 2012.177.001 DATE 06-03-2014 EXISTING ASPHALT PAVING ' TEMPORARY 2" SURFACE COARSE, 6" FLEX BASE, ASPHALT TRANSITION SPHINX — HARMON EXISTING STRIPING (TYP.) NEW STRIPING (TYP.) NEW 7" CONCRETE PAVING Baird, Hampton & Brown, Inc. ) Engineering ac Surveying 6300 Ridgleo Place, Suite 700 Ft. Worth, TX 76116 Tel:(817)338-1277 Fax:(817)338-9245 E—Maihmail@bhbinc.com Certificate of Authorization F-000044 EXISTING ASPHALT PAVING NEW 4" CONCRETE SIDEWALK BHB PROJECT NO. HARMON E4747B--L __. TEMPORARY 2" SURFACE COARSE, 6" FLEX BASE, ASPHALT TRANSITION 15075' 0 300 / GRAPHIC SCALE FEET EXHIBIT B - PAVING DATE 2012.177.001 06-03-2014 CFA Schedule of Values 2014-06-26.xls ITEM Description 1 0170.0102 Work Order Mobilization (Misc Only) 2 0241.1100 Remove Asphalt Pvmt 3 0241.0500 Remove Fence 4 0241.0550 Remove Guardrail 5 3110.0102 6"-12" Tree Removal 6 3110.0103 12"-18" Tree Removal 7 3123.0101 Unclassified Excavation by Plan 8 3125.0101 SWPPP >_ 1 acre 9 3137.0102 Large Stone Riprap, dry 10 3211.0401 Commercial Lime Slurry 11 3211.0501 6" Lime Treatment 12 3212.0302 2" Asphalt Pvmt Type D 13 3212.0501 4" Asphalt Base Type B 14 3213.0102 7" Conc Pvmt 15 3213.0301 4" Conc Sidewalk 16 3213.0506 Barrier Free Ramp, Type P-1 17 3216.0102 7" Conc Curb and Gutter 18 3217.0010 4" SLD Pvmt Marking Paint (Y) 19 3217.0205 8" SLD Pvmt Marking Paint (W) 20 3217.1002 Lane Legend Arrow 21 3217.1004 Lane Legend Only 22 3291.0100 Topsoil 23 3292.0200 Seeding, Broadcast Baird, Hampton Brown, Inc. 6300 Ridglea Place, Ste 700, Fort Worth, Tx 76116 Tel 338-1277, Fax 338-9245 Schedule of Values Public Paving Improvements Harmon Road Fort Worth, Texas Specification Section No. 01 70 00 02 41 15 02 41 13 02 41 13 31 10 00 31 10 00 31 23 16 31 25 00 31 37 00 32 11 29 32 11 29 32 12 16 32 12 16 32 13 13 32 13 20 32 13 20 32 16 13 32 17 23 32 17 23 32 17 23 32 17 23 32 91 19 32 92 13 3 of 5 Unit of Measure EA SY LF LF EA EA CY LS SY TN SY SY SY SY SF EA LF LF LF EA EA CY SY Bid Quantity 1 40 1900 150 13 2 7675 1 257 120 6790 1300 1300 4730 6863 4 2750 3800 350 4 4 1390 4175 Unit Price $25,000.00 $10.00 $3.01 $7.50 $250.00 $550.00 $20.00 $5,800.00 $70.00 $450.00 $3.25 $13.00 $25.00 $41.20 $4.50 $1,200.00 $2.00 $1.00 $1.00 $200.00 $200.00 $25.00 $1.00 6/26/2014 Total $25,000.00 $400.00 $5,719.00 $1,125.00 $3,250.00 $1,100.00 $153,500.00 $5,800.00 $17, 990.00 $54,000.00 $22,067.50 $16,900.00 $32,500.00 $194,876.00 $30,883.50 $4,800.00 $5,500.00 $3,800.00 $350.00 $800.00 $800.00 $34,750.00 $4,175.00 CFA Schedule of Values 2014-06-26.xls Baird, Hampton Brown, Inc. 6300 Ridglea Place, Ste 700, Fort Worth, Tx 76116 Tel 338-1277, Fax 338-9245 24 3441.4003 Furnish/Install Alum Sign Ground Mount City Std. 25 3471.0001 Traffic Control 26 9999.0001 Install Guardrail 27 9999.0002 Removal of Gravel Driveway 28 9999.0003 Misc Sign Removal (T-post) 29 9999.0004 Sawcut 30 9999.0006 Sign -Project Designation — Install Total Construction Cost 4% Inspection Fee 2% Testing Fee 8% Engineering Fee Total 34 41 30 34 71 13 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 EA MO LF SY EA LF EA Separate Check to City Separate Check to City 4 of 5 5 $450.00 5 $9,000.00 640 $37.00 245 $3.00 5 $50.00 536 $7.00 1 $400.00 6/26/2014 $2,250.00 $45,000.00 $23,680.00 $735.00 $250.001 $3,752.001 $400.001 $696,153.00 $27,846.12 $13,923.06 $55,692.24 $793,614.42 SPHIN X — HARMON HARMON ROAD PROPOSED 10' CUPA INLET PROPOSED 21" RCP STORM DRAIN Baird, Hampton & Brown, Inc. Engineering & Surveying 6300 Ridgleo Place, Suite 700 Ft. Worth, TX 76116 TeU(817)338-1277 Fax:(817)338-9245 E—Mail:mail@bhbinc.com Certificate of Authorization # F-000044 PROPOSED 36" RCP STORM DRAIN - ) 4 GRAP7, IN FE T / / / 16,,,. Z--------------,-' \ EXHIBIT B1 - STORM DRAINS BHB PROJECT NO. DATE 2012.177.001 06-03-2014 CFA Schedule of Values 2014-06-26.xls Baird, Hampton Brown, Inc. 6300 Ridglea Place, Ste 700, Fort Worth, Tx 76116 Tel 338-1277, Fax 338-9245 Schedule of Values Public Storm Drainage Improvements Harmon Road Fort Worth, Texas ITEM Description 1 0241.3017 Remove 30" Storm Line 2 3341.0201 21" RCP, Class III 3 3341.0309 36" RCP, Class III 4 3349.4109 36" SET, 1 pipe 3349.5001 10' Curb Inlet 5 Total Construction Cost 4% Inspection Fee 2% Testing Fee 8% Engineering Fee Total Specification Section No. 02 41 14 3341 10 33 41 10 33 49 40 33 49 20 Unit of Bid Measure Quantity LF 24 $ 21.00 LF 66 $ 84.00 LF 76 $ 229.00 EA 2 $ 4,800.00 EA 1 $4,000.00 Separate Check to City Separate Check to City 5 of 5 Unit Price Total $504.00 $5,544.00 $17,404.00 $9,600.00 $4,000.00 $37,052.00 $1,482.08 $741.04 $2,964.16 $42,239.28 6/26/2014 SPHINX — HARMON HARMON ROAD 3aird, -ampton & Brown, Inc. Engineering & Surveying 6300 Ridglea Place, Suite 700 Ft. Worth, TX 76116 Tel:(817)338-1277 Fax:(817)338-9245 E—Mail:mail@bhbinc.com Certificate of Authorization # F-000044 UTILITY BOX (TYP.) -STREET LIGHT (TYP.) - 150. 7 ' 0 ; GRAPHIC SCALE ' FEET 150' 300' EXHIBIT C - STREET LIGHTS BHB PROJECT NO. DATE 2012.177.001 06-03-2014 CFA Schedule of Values 2014-06-26.xls ITEM Description Baird, Hampton Brown, Inc. 6300 Ridglea Place, Ste 700, Fort Worth, Tx 76116 Tel 338-1277, Fax 338-9245 Schedule of Values Street Light Improvements Harmon Road Fort Worth, Texas 1 2605.3011 2" CONDT PVC SCH 40 (T) 2 3441.1503 Ground Box, Large, w/ Lid Apron 3 3441.3003 Rdwy Ilium AssmblyTY 18,18A,19, and D-40 4 3441.3102 200W HPS PC Lighting Fixture 5 3441.3302 Rdwy Ilium Foundation TY 3,5,6, and 8 6 3441.3312 Contact Enclosure, Pad Mount 7 3441.3404 2-2-2-4 Quadplex Alum Elec Conductor Total Construction Cost 4% Inspection Fee 2% Testing Fee 8% Engineering Fee Specification Section No. 26 05 33 3441 10 34 41 20 34 41 20 34 41 20 34 41 20 34 41 20 Unit of Measure LF EA EA EA EA EA LF Separate Check to City Separate Check to City 6/26/2014 Bid Quantity Unit Price Total 1490 $18.00 $26,820.00 4 $1,150.00 $4,600.00 8 $2,050.00 $16,400.00 8 $2,000.00 $16,000.00 8 $2,035.00 $16,280.00 1 $4,000.00 $4,000.00 1490 $3.80 $5,662.00 $89,762.00 $3,590.48 $1,795.24 $7,180.96 Total $102,328.68 2 of 5