HomeMy WebLinkAboutContract 45503 (2)MTV SECRETARY cc- an n
CONTRACT NO. ,
SHORT FORM COMMUNITY FACILITIES AGREEMENT
Legal Description or Address: 801 W. Vickery Blvd.
Project Name: Vickery Apartment Building
WHEREAS, this Agreement is by and between the City of Fort Worth, a Texas municipal
corporation ("City"), MPC Vickery, LLC, authorized to do business in Texas ("Developer"), and
Crimson Building Company, LLC , 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 801 W. Vickery Blvd. (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 Paving, Storm Drain and Street Lights (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 Paving, Storm Drain and Street Lights (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
amended from time to time, and any applicable Special Provisions as may be required for the
Short Form CFA (Issued 2.07.2013) Page 1 of 9
RECEIVED /4PR 15 2014
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, pnor 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 Agreement:
Included Attachment
X Location Map
Exhibit A: Water Improvements
Water Estimate
Exhibit A-1: Sewer Improvements
Sewer Estimate
X Exhibit B: Paving Improvements
X Paving Estimate
X Exhibit B-1: Storm Drain Improvements
X Storm Drain Estimate
X Exhibit C: Street Lights and Signs Improvements
X 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.
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
Short Form CFA (Issued 2.07.2013) Page 3 of 9
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 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/XWaOvi
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
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.
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 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
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
Commercial Auto Liability Policy $500,000 Combined Single Limit
(Including coverage for owned, hired, and non -owned autos)
Short Form CFA (Issued 2.07.2013) Page 5 of 9
UMBRELLA LIABILITY $1,000,000 Each Occurrence
(Following Form 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 Liability 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 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.
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
4/44.46•43
Fernando Costa,
Assistant City Manager
Date: 4 A441
i
Recommended By:
DouglaJW. Wiersig
Director, TPW Department
Approved As To Form And Legality:
glas W. Black
Assistant City Attorney
x•Wit
Wary J. Kayser
City Secretary
U
•
DEVELOPER:
MPC Vickery, LLC
By: MPC Vickery M ger, LLC
By: Javialle.
NAME � et;rnionht
TITLE Mcat.jjz.r
Date: 3/Iti( i 4-
CONTRAC
Crimson
By:
NAM
TITLE
Date:
M&C:
Date:
uilding Copany, LLC
nfic `tvfr)&
p if k
3/to
Short Form CFA (Issued 2.07.2013)
Page7of9
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 I y day of
, 2014
flack_ _ `4,-q it%
Notary Public in and for the State of Texas
�`��II111I/��I'
��� '1 sib os LINDA M. HIRRLINGER
*�.*= MY COMMISSION EXPIRES
--04 •;" Februarys 2, 2018
STATE OF TEXAS
COUNTY OF TARRANT
• for the State of Texas, on this
a NotaryPublic in and
the undersigned authority, person whose
BEFORE ME, known to me to be the p
7( RA1_,�
personally appeared ;ANDY to me that the same was the
day p y ment and acknowledged
isbscribed to the foregoing instrument, name su the same as the act of
,.,� - . Way Lc , and that he executedthe
�l � �- � � �therein expressed and in
act of Developer purposes and consideration p
R' S LEGAL NAME for the
DEVELOPS
capacity therein stated.
�' - l ` `
GIVEN DER MY HAND AND SEAL OF OFFICE
this Mil'
day 4-P76-7/7 , 2014
Notary Public ' r and for the State of Texas
es
RHONDA LITTLE
Notary Public, State of Texas
My Commission Expires
April 29, 2014
Short Form CFA (Issued 2.
07.2013) Page 9 of 9
F—
CO
11)
HENDERSON
TEXAS
3 TH
°
SITE
JARVIS
DAGGETT
OADWAY
( /1 PENINISYL\MIA
QJ
0
u-)
a_
1 /-
LA
CASTER
' • UP RR
•,,
HEWPH|LL
(.1)
0
z
z
LLJ
SL VICKERY
DAGGETT
BROADWAY
0
LI
VICINITY MAP
MAPSCO #76H
GRAPHIC SCALE
soo 0 250 500
Immo Immo norn000t
1 Inch 1000ft.
1000
9a3-
ENGINEERING
1105 CHEEK SPARGER RD, SUITE #1
COLLEYVILLE, TX 76034
PHONE: 817.281.0572
VVWW,CLAYMOOREENG.COM
VICKERY APARTMENTS IMPROVEMENTS CFA EXHIBITS
a
at
1,
\ \
VICKERY BLVD.
JARVIS ST.
(PUBLIC)
30
LEGEND
ADA RAMP
SOLID WHITE PAVEMENT
STRIPING
'";: ,I.I" ":-C:-•
ASPHALT PAVEMENT REPAIR
EXHIBIT B
PAVING
GRAPHIC SCALE
9 15 30
NMI Mil
6" CONCRETE PAVEMENT
PROPOSED SIDEWALK
1 Inch 60 R.
ENGINEERING
60
I 1105 CHEEK SPARGER RD. SUITE #1
I COLLEYVILLE, TX 76034
PHONE: 817.281.0572
VININV.CLAYMOOREENG.COM
VICKERY APARTMENTS IMPROVEMENTS CFA EXHIBITS
0
12" PRIVATE
STORM DRAIN
LEGEND
SO
EXISTING 7'
ARCH PIPE
100.00
SO
JARVIS ROAD
EX. 10' CURB INLET
h
PROPOSED STORM LINE (PRIVATE)
EXISTING STORM LINE
EXISTING SANITARY SEWER
;LI - EXISTING WATER LINE
LIPSCOMB ST.
CUT TOP OF EXISTING CURB INLET
OFF AND REBUILD. CONTRACTOR
SHALL INSTALL A NEW TOP AND
THROAT OF INLET. CONTRACTOR
SHALL NOT DISTURB EXISTING
STORM LINE.
EX. 10' CURB INLET
/ 48" STORM PIPE
VD
EX. 10' CURB INLET
10
IN•
EXHIBIT B1
STORM DRAIN
GRAPHIC SCALE
0 5 10
imedi
1 Inch • 20 0.
20
VICKERY APARTMENTS IMPROVEMENTS CFA EXHIBITS
• -^
NGINEERING
1105 CHEEK SPARGER RD. SUITE #1'
COLLEYVILLE, TX 76034
PHONE: 617.261.0572
WVVW.CLAYMOOREENG.COM
LIGHT POLE FOUNDATION & ,
ASSEMBLY /
LIGHT POLE FOUNDATION &
ASSEMBLY
GROUND BOX B --1
GROUND BOX A
LIGHT POLE FOUNDATION & -
I ASSEMBLY
LIGHT POLE FOUNDATION &
ASSEMBLY
LEGEND
VICKERY BLVD.
PROPOSED STREET LIGHT CONDUIT
PROPOSED LIGHT POLE FOUNDATION & ASSEMBLY
EXISTING POWER POLE
GROUND BOX A & B
CONNECT GROUND BOX VIA POLE RISER
TO POLE MOUNTED TRANSFORMER
EXHIBIT C
STREET LIGHTS
GRAPHIC SCALE
30
I Me MIA
10
3°
80
1 Inch 60 0.
ENGINEERIN't
1105 CHEEK SPARGER RD. SUITE #1
COLLEYVILLE, TX 76034
PHONE: 817.281.0572
WWVV.CLAYMOOREENG.COM
VICKERY APARTMENTS IMPROVEMENTS CFA EXHIBITS
PROPOSAL FORM
UNIT PRICE BID PAVING IMPROVEMENTS
VICKERY APARTMENTS
Bidlist Item
No.
1 Remove Sidewalk
2 Remove Asphalt Pvmt
3 Remove Conc Curb & Gutter
4 Site Clearing
5 10' Wide Asphalt Pvmt Repair, Industrial
6 6" Lime Treatment
7 HMAC Transition
8 6" Conc Pvmt
9 4" Conc Sidewalk
10 6" Concrete Driveway
11 Barrier Free Ramp. Type R-1
12 Barrier Free Ramp, Type P-1
13 6" Conc Curb and Gutter
14 4" SLD Pvmt Marking HAS (W)
15 Topsoil
16 Block Sod Placement
Description
CITY OF FORT NORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Fomi Revised 20120120
Specification Section
No.
0241.0100
0241.1100
0241.1300
3110.0101
3201.0137
3211.0501
3212.0401
3213.0101
3213.0301
3213.0401
3213.0501
3213.0506
3216.0101
3217.0001
3291.0100
3292.0100
Alternate Bid
Deductive Alternate Bid
1
Additive Alternate Bid
Unit of
Measure
SF
SY.
.LF •-
LS•
LF
SY
TN
SY-
SF
SF
EA
EA
LF
LF
CY
SY
00 42 43
BID PROPOSAL
Page 3 of 6
Bidder's Application
• •Bid
Quantity
3400
202
•-38
• 1
175
•-327
292'.
2205
1195
1
2
211
520
20
122
Bidder's Proposal
Unit Price
$2.00
$2.00
$2.00
$100.00
$49.00
$45.00
$50.00
$45.00
$4.00
$7.00
$350.00
$350.00
$8.00
2.00
15.00
10.00
Total Base Bid
Total Alternate Bid
Total Deductive Alternate Bid
- Total Additive Alternate Bid
Total' Bid Paving Section!
Bid Value.
$6,800.00
$404.00
$76.00
$100.00
$8,575.00
$14,715.00
$150.00
$13,140.00
$8,820.00
$8,365.00
$350.00
$700.00
$1,688.00
$1,040.00
$300.00
$1,220.00
$66,443.00
t
$66,443.001
CFA Copy of Bid Docwnentxls
00 42 43
BID PROPOSAL
Page4 of6
PROPOSAL FORM
UNIT PRICE BID STORM IMPROVEMENTS Bidder's Application
Bidlist hen
No.
1
VICKERY APARTMENTS Bidder's Proposal
Description
Remove/Replace Storm Junction Structure
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20120120
Specification Section Unit of Bid
No. Measure Quantity
0241.3501 LS 1
Alternate Bid
Deductive Alternate Bid
1
Additive Alternate Bid
•
Unit Price
$1,000.00
Total Base Bid
Total Alternate Bid
Total Deductive Alternate Bid
1
Total Additive Alternate Bid)
. Total Bid Storm Section'
Bid Value
$1,000.00
$1,000:00
Mimm
$1,000.00I
1
•
1
CFA Copy of Bid Dawnept.xls
PROPOSAL FORM
UNIT PRICE BID STREET LIGHT IMPROVEMENTS
Bidlist Item
No.
I
2
3
4
VICKERY APARTMENTS
Description
Conduit Box
2" CONDT RM (Riser)
2" CONDT PVC SCH 80 (T)
100W MR PC LIGHTING FIXTURE
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20120120
Specification Section
No.
2605 2101
2605.3014
2605.3015
3441.3103
Alternate Bid
1
Deductive Alternate Bid
Additive Alternate Bid
00 42 43
BID PROPOSAL
Page 5 of 6
Bidder's Application
Utiit'of Bid
Measure Quantity
EA 2
LF ' 24
LF '463
EA 6
Bidder's Proposal
Unit Price
$355.00
$5.00
$6.00
$2,500.00
Total Base Bid
Total Alternate Bid)
Total Deduc ice Alternate Bid)
1- 1
Total Additive Alternate Bid
Total Bid Lighting Section'
Bid Value
$710.00
$120.00
$2,778.00
$15,000.00
$18,6084001
f
4
$18,608.001
CFA Copy of Bid Doctunent.xls