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HomeMy WebLinkAboutContract 45340 (2)COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § COUNTY OF TARRANT § City Secretary Contract No. 1453 WHEREAS, the undersigned Developer ("Developer") desires to make certain improvements ("Improvements") related to a project as described below ("Project") within the City of Fort Worth, Texas ("City"); and WHEREAS, the Developer and the City desire to enter into this Community Facilities Agreement ("CFA" or "Agreement") in connection with the Improvements. Developer and Project Information: Developer Company Name: Texas Midstream Gas Services, LLC by Access Midstream Partners, Its sole member Address, State, Zip Code: P.O. Box 18496, Oklahoma City, OK 73154 Phone, E-Mail: (405) 727-1408, johnhatton@accessmidstream.com Authorized Signatory/Title: John Hatton, General Manager Project Name and Brief Description: Cold Springs Road Sanitary Sewer Improvement Project Location: Cold Springs Road — Delga Street to Windmill Street Plat Case No.: N/A Plat Name: N/A Council District: 8 City Project No: 02008 CFA: 2013-069 To be completed by staff Received by: Date: RECEIVED FEB 0 4 2014 DOE: 6935 • prilloh-AL n-hir b 1 tl©U k!1),;� 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 herem 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 m the collateral until the Project has been completed and the City has officially accepted the Improvements. 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) N/A , 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 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 fiirnish 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 for a period of two (2) years insuring the maintenance and repair of the constructed infrastructure during the teen 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 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. 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 iniurles, 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. N. Upon completion of all work associated with the construction of the infrastructure and hnprovements, 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 If applicable, the City's obligation to participate (exclusive of front foot charges) in the cost of the Improvements shall terminate if the Improvements are not completed 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 year If the Improvements 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 Improvements if at the end of two (2) years from the date of this Agreement 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) Cost Summary Sheet Project Name: Cold Springs Road CFA No.: 2013-069 DOE No.: 6935 Items Developer's Cost A. Water and Sewer Construction 1. Water Construction $ - 2. Sewer Construction $ 511,636,00 Water and Sewer Construction Total $ 511,636.00 B. TPW Construction 1. Street $ 2. Storm Drain $ 3. Street Lights Installed by Developer $ TPW Construction Cost Total $ Total Construction Cost (excluding the fees): $ 511,636.00 Construction Fees: C. Water/Sewer Inspection Fee (2%) $ 10,232.72 D. Water/Sewer Material Testing Fee (2%) $ 10,232.72 Sub -Total for Water Construction Fees $ 20,465,44 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: $ 20,465.44 Choice Financial Guarantee Options, choose one Amount (ck one) Bond = 100% $ 511,636.00 sse Completion Agreement = 100% / Holds Plat $ 511,636.00 Cash Escrow Water/Sanitary Sewer= 125% $ 639,545.00 Cash Escrow Paving/Storm Drain = 125% $ - Letter of Credit = 125% w/2yr expiration period $ 639,545.00 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 exec ed tl is instrument in qu druplicate, at Fort Worth, Texas this day o 20/` CITY OF FORT WORTH - Recommended by: Water Department Transportation & Public Works Department VC � � �� Nip Wendy Chi-B bulal, EMBA, P.E. Douglas W. Wiersig, P.E. Development ngineering Manager Director Approved as to Form & Legality: Approved by City Manager's Office Douglas W. Black Assistant City Attorney M&C No. Date: ATTEST: ATTEST: taii0Accs-tefidtaitak.� Signature (Print) Name: Dva Bo haiar, Title: 4ssoc. l3os. Ana(ys4- )7444aondo Fernando Costa Assistant City Manager DEVELOPER: Texas Midstream Gas Services, LLC By: Access Midstream Partners Its sole member 8 Signature (Pr ntame: John Hatton Title. General Manager OFFICIAL RECORD CITY SECRETARY lc n WORM TX Check items associated with the project being undertaken; checked items must be included as Attachments to this Agreement Included /1 El /1 ■ • DI 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 (Remainder of Page Intentionally Left Blank) 9 LL D 0 O co M T C W 0 O 2 II Z (O c9 Q) 421O •O C.)o J D FIGURE 1 CITY OF FORT WORTH COLD SPRINGS ROAD SANITARY SEWER IMPROVEMENTS DOENO-. 6935 CITY PROJ NO. 0200$ LEGEND Existing Manhole 0 Proposed Manhole O Wastewater Access Manhole Proposed Sewer Lines Sewer Lines to be abandoned Existing Sewer Lines 500 t-eet e Lincoln Park r--� NW 28th St '— — *183 wW_2-Sth St NORTH SIDE l Golf BELMONT e - TERRACE Rockwood- Park Cemetery White :Settlement:. Rd Shamrock Ave_ Oakwood Cemetery LrNWOOD / VICINITY MAP CITY OF FORT WORTH COLD SPRINGS ROAD SANITARY SEWER IMPROVEMENTS DOE NO. 6935 CITY PROJ NO. 02008 Legend 1-1.-mel Proposed Sewer Lines X X Sewer Lines to be Abandoned r1M FREESE e A 4 1 1 2 G. -' NE.28th St Trail Drivers Park ev- Irion Ave firennar' vN T ad r�� �k , PLAZA \-\ — —UP V11 54.1 :ET 447 a' a _•00: 183 548 I. 54A Mt NORTHER \ Delga 1 og, Park �.3REENWAY ' ROCK ISLLNb '52E . c-4, ��, '52a'; P ER= EST= SIDE- •=_ '�o,. E, J, Branch �.__W Lancaster -:Ave [, 4 1 DO''NTOWN::-='_"-..`713s 15A► I i I i 1, it clici , . , - - - - - ............._... 1,000 2,000 4,000 reet TO: SECTION 00 41 00 BID FORM Meosha Paige, Facilities Engineer Access Midstream Partners, L.P. 301 Commerce St., Suite 12024 Fort Worth, Texas 76102 FOR: City Project No: Units/Sections: 1 Enter Into Agreement Cold Springs Road Sanitary Sewer Improvements Windmill Street to Delga Avenue 02008 Unit I - Sewer Line Improvements 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 dealing 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. d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property tc influence their participation in the bidding process or affect the execution of the Contract. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 00 41 00 BID FORM Page 1 of 3 CITY PROJECT NO. 02008, DOE NO. 6935 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. Sewer Improvements b. Road Repair c. d. 4. Time of Completion 4.1. The Work will be complete for Final Acceptance the Contract Time commences to run as provided in Paragraph 2.03 of t ithi 70 days after the e eneral Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages i {and/or achievement of Milestones} within the times specified in the Agree 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 6. Total Bid Amount the event of failure ent. •: e when the complete the Work 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. Any additional documents that may be required by Section 12 of the Instructions to Bidders 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 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. 7. Bid Submittal This Bid is submitted on Respectfully submitted By: (Signature) (Prinfed Name) CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120:377 by the entity named below. Receipt is acknowledged of the following Addenda: Addendum No. 1: Addendum No. 2: Addendum No. 3: Addendum No. 4: Initial 00 41 00 BID FORM Page 2of3 CITY PROJECT NO. 02008, DOE NO. 6935 Email: Phone: Title: Company: Address: State of Incorporation: � ✓ (G(visla) P,&-hyn tbJC);2 (0qt4 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 1 Corporate Seal: 4( 00 41 00 BID FORM Page 3 of 3 CITY PROJECT NO. 02008, DOE NO. 6935 UNIT PRICE BID Bidlist Item No. 0241.2001 0241.2012 0241.2013 0241.2014 0241.2103 0241.2114 0241.2201 0241.2203 3110.0101 3125.0101 3201.0203 3201.0611 3216.0101 3291.0100 3292.0400 3301.0001 3301.0002 3301.0101 3303.0001 3305.0103 3305.0105 3305.0109 3305.0110 3305.0112 3305.0113 3331.3202 3331.3209 3331.4115 3331.4201 3339.0003 3339.1001 3339.1003 3471.0001 SECTION 00 42 43 PROPOSAL FORM Project Item Infonnation Description Sanitary Sewer Line Grouting Remove 6" Sewer Line Remove 8" Sewer Line Remove 10" Sewer Line 8" Sewer Abandonment Plug 39" Sewer Abandonment Plug Remove 4' Sewer Manhole Remove 6' Sewer Manhole Site Clearing SWPPP >_ 1 acre Asphalt Pvmt Repair Beyond Defined Width, Industrial 6" Conc Pvmt Repair 6" Conc Curb and Gutter Topsoil Seeding, Hydromulch Pre -CCTV Inspection Post -CCTV Inspection Manhole Vacuum Testing Bypass Pumping Exploratory Excavation of Existing Utilities Manhole Adjustment, Major Trench Safety Utility Markers Concrete Collar Clay Dams 6" Sewer Service 6" DIP Sewer Service, Private Relocation 8" Sewer Pipe 10" Sewer Pipe Wastewater Access Chamber 4' Manhole 4' Extra Depth Manhole Traffic Control CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 Specification Section No. 02 41 14 02 41 14 0241 14 02 41 14 02 41 14 02 41 14 02 41 14 02 41 14 31 10 00 31 25 00 3201 17 32 01 29 32 16 13 3291 19 32 92 13 3301 31 33 01 31 33 03 10 33 03 10 33 05 30 33 05 14 33 05 10 33 05 26 33 05 17 33 05 15 33 31 50 33 31 50 33 31 20 33 31 20 33 39 40 33 39 20 33 39 20 34 71 13 Bid Summary Base Bid 1 Atklno Broom P.O. BOX 990 Midlothian, TX 76065.40990 Unit of Measure CY LF LF LF EA EA EA EA LS LS SY SY LF CY SY LF LF EA LS EA EA LF LS EA EA EA LF LF LF EA EA VF MO 00 42 43 BID PROPOSAL Page l of 1 Bidder's Application Bidder's Proposal Bid Quantity Unit Price 389 25 427 912 2 2 7 9 1 1 2876 178 780 556 1111 3046 1473 6 1 11 1 1473 1 6 3 1 25 25 1423 1 6 9.5 5 o0 z asi tSbc 5 ®c Soo Z6O2 cot L{b 50 cC 0 w0 a a 400 Cs q SOa 1 ©100 a t50 oo cab el° 1 k » Sac 1 Co 2 00 Total Base Bid Bid Value n&2 5 ToO KG" tio 02 0 0 tD0 Op° ccOoO I irS"_vt./ _ of Off 31 00 /AO _ d9A-- Az zil, 0O 06 jcto0 tI& / S ') lqoo COO 2 CO 301Q ra, con CITY PROJECT NO. 02008. DOE NO. 6935 !`f5,7a3