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HomeMy WebLinkAboutContract 44710 (2)COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS COUNTY OF TARRANT City Secretary Contract No. WHEREAS, the undersigned Developer ("Developer") desires to make certain improvements ("Improvements") related to a project as described below ("Project"), an addition to the City of Fort Worth, Texas ("City"); and WHEREAS, the Developer and the City desire to enter into this "Agreement" in connection with the Improvements. Developer Information: Developer Company Name: Keystone Equity Partners, LLC Address, State, Zip Code: 777 Main Street, Suite 3100 I Fort Worth, TX 76102 Phone, E-Mail: (817) 820-7049 I tomb@kx-kp.com Authorized Signatory/Title: Thomas B. Blanton, President Project Name: Big City Crushed Concrete Project Location: SE of NW Loop 820 & Old Decatur Road Intersection Plat Case No.: N/A Plat Name: N/A Mapsco: 47Q Council District: 2 City Project No: 02099 CFA: 2013-041 DOE: 7028 To be completed b , staff.• Received by: C, , r 1 Date: 1 13 OFFICIAL RECORD CITY SE r F`Y'. WORTn, TX NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: 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 and subsequently amended from time to time via a Mayor and Council Communication adopted by the City Council of the City of Fort Worth, is hereby incorporated into this Community Facilities Agreement ("CFA") 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 financial 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 infrastructure. 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) X, Sewer (A-1) X, Paving (B) , Storm Drain (B-1) , Street Lights & Signs (C)® 2 E. The Developer shall award all contracts for the construction of community facilities in accordance with Section II, paragraph 7 of the Policy and the contracts for the construction of the public infrastructure shall be administered in conformance with paragraph 8, Section II, of the Policy. F. For all infrastructure 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 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 infrastructure, and a maintenance bond in the name of the City for one hundred percent (100%) of the contract price of the infrastructure for a period of two (2) years 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 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 perfoiiiied 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 hairiness 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, 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 and shall cause to be executed and delivered to the City an indemnity agreement from such contractors on a form to be promulgated by the City N. Upon completion of all work associated with the construction of the infrastructure and 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. The City's obligation to participate (exclusive of front foot charges) in the cost of the community facilities shall terminate if the facilities are not completed within two (2) years; provided, however, if construction of the community facilities has started within the two year period, the developer may request that the CFA be extended for one year. If the community facilities 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 community facilities if at the end of two (2) years from the date of this Agreement the community facilities 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 community facilities 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: Big City Crushed Concrete CFA No.: 2013-041 DOE No.: 7028 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 $ 109,674.25 2. Sewer Construction $ 34,220.00 Water and Sewer Construction Total $ 143,894.25 B. TPW Construction 1. Street $ 2. Storm Drain $ 3. Street Lights Installed by Developer $ TPW Construction Cost Total $ Total Construction Cost (excluding the fees): $ 143,894.25 Construction Fees: C. Water/Sewer Inspection Fee (2%) $ 2,877.89 D. Water/Sewer Material Testing Fee (2%) $ 2,877.89 Sub -Total for Water Construction Fees $ 5,755.77 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: $ 5,755.77 Choice Financial Guarantee Options, choose one Amount (ck one) Bond = 100% $ 143,894.25 Qom letion Agreement = 100% / Holds Plat $ 143,894.25 etai t sd, Water/Sanitary Sewer= 125% $ 179,867.81 ‘,/ Cash Escrow Paving/Storm Drain = 125% $ - Letter of Credit = 125% w/2yr expiration period $ 179,867.81 8 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 s 'd Dev per has execs d this instrument in qua c rlicate, at Fort Worth, Texas this / day off(/ 4 - ,20 CITY OF FORT WORTH - Recommended by: Water Department Wendy ChilBabulal, EMBA, P.E. Development Engineering Manager Approved as to Form & Legality: Douglas W. Black Assistant City Attorney M&C No. /VA - Date: ATTEST: ary J. Ka City Secreta ATTEST: Signature (Print) Name: M oseS ?Rc511k Transportation & Public Works Department Douglas W. Wiersig, P.E. Director Approved by City Manager's Office Fernando Costa Assistant City Manager Keystone Equity Partners, L.L.C. 9 Signature Print Name: Thomas B. Blanton Title: President OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Check items associated with the project being undertaken; checked items must be included as Attachments to this Agreement Included El n o o n o 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) 10 WESj COLLEG Tarrant County J Northwest C Mq DDR lleg O FORT WORTH MEACHAM (AIRPORT 36TH W S U VICINITY MAP N. T.S. J W a CIITY S ED CO C T Z J 0 O Z J LOCATED IIN C HTY OF FORT WORTH, ORTH9 TEXAS ° NIED/DEV]ELOPED BY: KEYSTONE EQUITY PARTNERS, LLC 777 MAIN STREET, MITE 3100 FORT WORTH, TX 76102 (817) 820-7049 CONTACT: LOUES BARRON Lou is.Farron @ kx-kp.com JUNE9 20 3 (I!1 rn PREPARED BY: G OODWI 1 MARS( ILL 8 CIVIL ENGINEERS — PLANNERS — SURVEYORS 2405 Mustang Drive, Grapevine, Texas 76051 Metro (817) 329-4373 E \10484\Plans\BCCC_CFA.pro Sat Jun 22 14:50:09 2013 f3lG CI[TY CRUSHED CONCRETE FORT WORTH[, TX WATER 1EX BT[T "A" PROPOSED 10 ' U. E. PROPOSED /5 ' W.E. - 12" W.L. _ EX. EX. 8" W.L. I —EX. 2" W.L. EX. 16" W.L. Da PROPOSED WATER LINE PROPOSED BORE AND CASING EXISTING WATER LINE PROPOSED FIRE HYDRANT ASSEMBLY PROPOSED GATE VALVE EXISTING FIRE HYDRANT ASSEMBLY EXISTING VALVE KEYSTONE EQUITY PARTNERS, L.L.C. TRACT B2 VOL. 1544/, PG. 37 12" W.L. COMMERCIAL METALS COMPANY DOC. NO. D2/21/2/61 D. R. T. C. T. DOC. NO. 02/2112/62 O.R. T.C. T. EXISTING PRIVATE RAII SPIIR PROPOSED 15 ' W.E. PROPOSED /0 ' U. E. SCALE: b" m 2009 EX. DOUBLE 48' RCP BROWN-LEWISVILLE RAILROAD FAMII Y FIRST LIMITED PARTNERSHIP D2/2293503 D.P. T.C. T. PREPARED is Y: CCU OODWIRNT /� 7� 1\ ARSHALL 1 CIVIL ENGINEERS — PLANNERS — SURVEYORS 2405 Mustang Drive, Grapevine, Texas 76051 Metro (817) 329-4373 OWNED/DEVELOPED I: Y: KEYSTONEjEQU fY PARTNERS, LLC 777 MAIN STREET, SUITE 31 FORT WO l TEII, TX 761102 (817) 820-7049 CONTACT: LO1HS BARRON Louis.IBanros@b x—i..p.cam I E: \10484\Plans\BCCC_CFA.pro Sat Jun 22 14: 51: 47 2013 3�CC� CITY CRUSHED CONCRETE E FORT WORTH, TX SCARY SEWER T>aX]HUD8ff av p o¶ vv APPROXIMA TE LOCATION OF EX /2" SANITARY SEWER 30' WIDE SANITARY SEWER EASEMENT VOLUME 7283, PAGE /84/ D.R. T.C. T. KEYSTONE EQUITY PARTNERS, L.L.C. TRACT B2 VOL. 1544/, PG. 37 D.R. T.C. T. EX PRIVATE — RAIL SPUR LEGEND S-_ v/A-:///I S EXISTING SANITARY SEWER MANHOLE PROPOSED SDR-26 SANITARY SEWER LINE AND MANHOLE PROPOSED BORE AND CASING EXISTING SANITARY SEWER LINE BROWN—LEWISVILLE RAILROAD FAMILY FIRST LIMITED PARTNERSHIP D2/2293503 D.R. T.C. T. BIG CI T Y CRUSHED CONCRETE — CLEANOUT 4 " S.S. SERVICE PROPOSED /5S.S.E. PREPARED I: Y: G GODWI MARSHA LdL CIVIL ENGINEERS — PLANNERS — SURVEYORS 2405 Mustang Drive, Grapevine, Texas 76051 Metro (617) 329-0373 SCALE: 1 °° e 1009 OWNEIID/1CDEVEELOPIEID SIf: KEYSTONE�\yjjj) EQUITY] PARTNERS, LLC 777 MAIN STREET, SUITE 31 FORT 'WORTH, Th 76102 (817) 820-7049 CONTACT: LOWS BARRON Louis.Ea¢crou@xx-1..1..comn 1't E:\10484\Plans\BCCC CFA.pro Sat Jun 22 14:51:03 2013 00 42 43 BID PROPOSAL Pagel of 1 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item No. 1 12" PVC Water Pipe 2 24" Casino By Other Than Open Cut 3 2" Water Service 4 Std. Fire Hydrant 5 6" Gate Valve & Box 6 Ductile Iron Water Fittings 7 Connect to Existing 12" W.L. Stub -Out 8 Water Line Testing & Chlorination 9 Trench Safety Description Water Facilities Subtotal Specification Unit of Section No. Measure 3311.0461 LF 3305.1104 LF 3312.2203 EA 3312.0001 EA 3312.3002 EA 3311.0001 TON 3312.0105 EA 9999.0001 EA 3305.0109 LF Bid Quantity Unit Price Bid Value 1.677 $40.00 $67.080.00 90 $330.00 $29.700.00 1 $1.100.00 $1.100.00 1 $2.600.00 $2.600.00 1 $775.00 $775.00 1.0 $6.000.00 $6.000.00 1 $1,000.00 $1.000.00 1 $1,000.00 $11000.00 1,677 $0.25' $419.25 $109,674.25 10 8" D.I.P. w/ 401 Protecto Wrap 3331.4119 LF 96 $78.50 $7,536.00 11 20" Casino By Other Than Open Cut 3305.1103 LF 65 $315.00 $20.475.00 12 Std. 4' Dia. S.S.M.H. 3339.1001 EA 1 $2,300.00 $2,300.00 13 Extra Depth for 4' Dia. Manhole 3339.1003 VF 4 $100.00 $400.00 14 Trench Safety 3305.0109 LF 96 $4.00 $384.00 15 TV Sanitary Sewer Line 3301.0001 LS 1 $550.00 $550.00 16 Manhole Vacuum Testing 3301.0101 EA 1 $100.00 $100.00 17 Connect to Exisiinq S.S.M.H. w/ Drop Connection 9999.0002 EA 1 $2.475.00 $2,475.00 18 Concrete Collar 3305.0112 EA 1 Sewer Facilities Subtotal $34,220.00 Payment/Performance/Maintenance Bonds $3,950.00 Water and Sewer Facilities Subtotal $143,894.25 Bid Summary Water and Sewer Facilities Subtotal Total Bid I $147,844.25 $147,844.25 CRY OF FORT WORTH STANDARD CONS1RUC 30N SPECIFICATION DOCUMENTS Form Raised 20120120 ISCCC-COF W STD 13ID PROI'OSAI. I .siss TO: Goodwin & Marshall, Inc. c/o: Keystone Equity Partners, LLC 777 Main Street, Suite 300 Fort Worth,Texas 76102 SECTION 00 41 00 BID FORM FOR: BIG CITY CRUSHED CONCRETE City Project No.: 02099 Units/Sections: D.O.E. #7028 "X" No. 22262 Water P265-6021502099-00 Sewer P275-7021302099-00 1. Enter Into Agreement 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 to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. Water and Sewer Facilities CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 00 41 00 BID FORM Page 1 of 2 BCCC-COFW STD BID PROPOSAL-1.xisx 4. Time of Completion 000403 4.1. The Work will be complete for Final Acceptance within 2d days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work (and/or achievement of Milestones) within the times specified in the Agreement. 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 b. Proposal Form, Section 00 42 43 c. Contractor Compliance with Workers Compensation Law, Section 00 45 26 d. Prequalification Statement, Section 00 45 12 6. Total Bid Amount 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. Total Bid 7. Bid Submittal This Bid is submitted on 3 /J /3 Respectfully submitted, By: Title: jj �/ Company: 4I`ccr U"f i {lj7LS2G• Corporate Seal: Address: / 2-1/etD4Pt'/i 1 / Ursa"; 7X 176053 by the entity named below. Receipt is acknowledged of Initial the foilowinp,Addenda: Addendum No. 1: Addendum No. 2: Addendum No. 3: Addendum No. 4: (Signature) r/ )' / ETA/lc/0i W `'+// c/ (Printed Name) 6rc err-Sj444 State of Incorporation: j s Email: G'i'`flAtl kg N/r+1 - elPhone: ¶ / 9 ._ Z g -23/ g END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 00 41 00 BID FORM Page 2 of 2 BCCC COFW STD BID PROPOSAL-1.xOx