HomeMy WebLinkAboutContract 44302 (2)CONTRACTsE�No� Ll�I�D&
SHORT FORM COMMUNITY FACILITIES AGREEMENT
Legal Description or Address 717 West Berry Street, Fort Worth, Texas 76110
Project Name Wal-Mart Market #3135-00
WHEREAS, this Agreement is by and between the City of Fort Worth, a Texas municipal
corporation ("City"), Wal-Mart Real Estate Business Trust, authorized to do business in Texas
("Developer"), and Journeyman Construction, 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 717 West Berry Street. Fort Worth, Texas 76110
(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 Streetlight Improvements to serve Wal-Mart Market No. 3135-00 (717 W. Berry
Street) (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 Nine (91 pedestrian lights (6-12' and 3-201 around the
perimeter of Wal-Mart Market No. 3135-00 (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 Improve - � ' _� Iudin � the Standard City
Short Form CFA (Issued 2.07.2013) Page 1 of 9
RECEIVED MAR 262013
OFFICIAL RECORD
CITY SECRETARY
FtWORTh,TX
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
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 in
regard to the installation of the Improvements.
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
X
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
X
X
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
Short Form CFA (Issued 2.07.2013) Page 3 of 9
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 Dollais ($25,000 00), a Performance 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 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 httn://bit.ly/XWgOvi
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.
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 either: i) self -insure, subject to City review and
approval; or ii) 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
Short Form CFA (Issued 2.07.2013) Page 5 of 9
(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)
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 terms, 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.
SIGNATURE PAGES TO FOLLOW
� later date written by a Party
effective as of the l at
parties in multiples,
EXECUTED by the
hereto, as Set forth below:
CITY OF FORT WORTH
By:
Fernando Costa,
Assistant City Manager
Date: 34///3
APPROVED AS TO FORM AND LEGALITY:
•
By:
Assistant City Attorney
ATTEST:
Mary J. Ka
City Secretary
DEVELOPER.:
oval -eat Estate Business Trust
NA
kti OsivAeA ik-W•)%-a0
TITLE Di r -e t-k-br flA- Oesi3h
Date: teddVun,v�
,C,(anTpie\-c1110r' i
Olp\-K.) \30(t,
Dougla
Director
44°4 font, ,4, Date:
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013 Page 7 of 9
Shor
t Form CFA (Issued 2.07.2 }
Wiersig, P.E.
•
� OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
EXECUTED by the parties in multiples, effective as of the later date written by a Party
hereto, as set forth below:
CITY OF FORT WORTH DEVELOPER:
Wal-Mart Real Estate Business Trust
By: By:
Fernando Costa,
Assistant City Manager
NAME
TITLE
Date: Date:
APPROVED AS TO FORM AND LEGALITY: CONTRACTOR:
Journeyman Construction, Inc.
By:
Assistant City Attorney
By:
NAME:n,c3Actee_\ \A1VC\Tt
TITLE C.- 1C.2.C..LA`VQ___ c.e..,r-0(esidLea
ATTEST: Date:
By:
Mary J. Kayser,
City Secretary
Short Form CFA (Issued 2.07.2013) Page 7 of 9
M&C:
Date:
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 day of , 2013
Notary Public in and for the State of Texas
STATE OF ARKANSAS §
COUNTY OF BENTON
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Arkansas, on
this day personally appeared MMtL&\ A M\p,n , 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 Wal-Mart Real Estate Business Trust, and that he executed the same as the act of Wal-
Mart Real Estate Business Trust for the purposes and consideration therein expressed and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
OFFICIAL SEAL
SHERI FIEL
WASHINGTON COUNTY
NOTARY PUBLIC �
�COMMISSION 1=;�P.� ��5�45
MY
AY 27
COttel lI55IONO 12377216, 2020
day of Y-Y2013
Notary Public in and for t i-e Late of Arkansas
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Short Form CFA (Issued 2.07.2013) Page 9 of 9
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Tel:817.335.1121 • Far 817.3357437
(TXFEG. F-1114)
Bidtist Rem
No.
SECTION 00 42 43
PROPOSAL FORM
Project Item Information
Description
2605.3011 2" CONDT PVC SCH 40 (T)
2 3441.1562 Ground Eox, Small, wfLid Apron
3 3441.3011 RdwyiI1Jum Assmbiy SPECIAL
4 3441.3301 Rdwy Ilium Foundation TY I, 2 and 4
344I.3303 Rdwy Ilhun Foundation TY 7
6 3441.3404 2-2-2-4 Quadplex Alum Elec Conductor
•
MEME
CITY OF FORT WORTH
- STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Farris Revised 20120327
Specification
Section No.
226 05 33
3441 10
34 41 20
34 41 20
34 41 20
34 41 20
Bid Summary
Base Bid
Unit of
Measure
LF
EA
EA
EA
EA
LF
00 42 43
BID FORM
Page 1 of
Bidder's Application
Bid Quantity
Bidder's Proposal
Unit Price
75! $ 11.98
I $ 5,000.00
9 $ 3.444.44
3 $ 1,000.00
6 $ 1,000.00
751 $ 19.97
Bid Value
$ 9,000.00
$ 5,000.00
$ 31,000.00
$ 3,000.00
$ 6,000.00
$ 15,000.00
$ 69,000.00
Total Bidj $ 69,000.00!
•
Waltman Market No. 3133 (717 W. awry Street)
Streetlight Improvements
City Project No. 02066
7. Bld Submittal
This Bid Is
Respectfully submitted,
By:
submitted
on' `?
;Feb 01, 2013
(Signature)
, :iMichael White f'!
(Printed Name)
Title: Executive Vice President
company:Journeyman Construction, Inc. (;;w
Addrese:7701 N. Lamar
Suite 100
Austin, Texas 75243
State of Incorporation: Texas
Emall:ajWaterman Q�ijourneymanco,com CL ,
Phone:214.264,6832
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20120327
;,I by the entity named below.
'Receipt Is acknowledged of
the following Addenda:
'Addendum No. 1:
'Addendum No. 2:
'Addendum No. 3:
(Addendum No. 4:
Corporate Seal:
00 4100
BID FORM
page 0oi0
Initial
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