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HomeMy WebLinkAboutContract 45411 CITY CONTRACT N09 Ll 5,L� k M9005MOM Developer and Project Information Cover Sheet; Developer Company Nees- Westover Development Ltd. Address, State,Zip Code: 301 Commerce Street, :fort Wort.TX, 76102 Phone, E-Mail: 1 335-7245, sbrousCwe toyer rP.com Authorized Signatory/Title: Sam Bross, President Project Name and Brief Description: Utility Improvernents to serve Lots 5RIA and 5 1: , Cartier Industrial Park Project Location: NEC of 1-3:5W and Ever an Pkwy. Plat Case No. FS 13-167 Plat Name.- CarterIndustrial Park Mapsco-, 105K Council District: 8 City Project Noy.- 2244 CFA: 2014-007 D w 7196 To: e complel."d by stqff: (q did ;(x µ fit : M C7 OFFICIAL RECORD, LIF F I C Tj CITY SECRETARY F'T T. WORTH,TX Combined CFA Agreement --Revised January 2014 COMMUNITY FACILITIES AGREEMENT THE Sr rATE' 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, Carter Industrial Park Lots 5RlA and 5RIB _("Pr 0'ect") 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 av'ailab�ility 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 Coi-nmunity Facilities Agreement ("CFA" or"Agreement" in cormection with the Improvements and the Project. NOW,THEREFORE,For and in consideration of the covenant,s,and conditions co�ntained herein, the City and the Developer do hereby agree as follo�ws,: 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 perfon-nance 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 11, 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 he Improvements. Developer acknowledges that cce ' i t the said acceptance process requires the ►eveloper'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 1 Street(A-1) _.X 1 N/ rm in (B- ) N/A , Paving (B), Ito Dra Li is Signs (C) NYA .. E. The Developer shall award all contracts for, the construction of the Improvements in accordance with Section 11, paragraph 7 of the Policy and the contracts shall be administered in confon-nance with paragraph 8, Section 11, of the Policy. F. For all Improvements included in this Agreement for which the Developer awards construction, contract(s), Developer agrees to the following: 1. 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 pre qualified, insured, licensed and bonded to do work in public streets and/or to perform water/waste water construction as the case may be. 1 1, yrnent and perfon-n 11 To require its contractor to furn'sh to the City a pa ance bond in the names of the City and the Developer for one hundred percent (1001%) 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 fumished before work is commenced and to meet the requirements of' Combined CFA Agreement­Revised January 2 014 Chapter 2253, Texas Government Code. iii. To require the contractor s) it hires to perfonn 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 d eveloper-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 insurance provider and bound in the construction contract book. iv. To require its contractor to give at least 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 1.0 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 red utilities, to serve the development or to construct the Improvements contemplated herein. 1. 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 4 community facilities to be Installed hereunder. J. Developer hereby releases and agrees to 'Indemnify, defend and hold the 0 0 6 City harmless for any inadequacies in the prelim-inary plans, s,pecl*fi*cat* ions and cost estimates supplied by the Developer for thi's 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 covenant's 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 in njuries or damages sustained by any persons, (I*ncludm* g death) or to any 06 J,10 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 n such injuries, death or damages are cause whole or in part, by the allgled n en ce the g o Fort Worth offlcer& servants t or eMpIoEees. 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, a 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 0 0 herein, whether or not such iniuries, death or dumages are caused' in 11 -- L whole or in part by the allued negli* ,gen ce o,L tyre ►L Fort 'art officers servants, or em Eees- Further Developer will require its contractors to indenmify, and hold harmless the City for any losses, Combined CFA Agreement—Revised January 0 14 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 lm in a good and workmanlike manner, free from defects, in conformance with the Policy, and'I in accordance with all plans and specifications. N. Upon completion of all work associated with the con-struction 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 assigment 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. 0. 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 stun-n drain inspection fees equal to four percent (4%) and material testing fees equal to two percent (2%) for a total, of 6% of the developler's share of the total construction cost as stated in the construction contract. iii. Developer shall pay in cash the total cost of streettights or if the city is not installing the streetlio,,Yts, 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. 0 1 40 0 intended the Developer's 11 Nothing contained herein is intended to linu obligations under the Policy, this Agreement, its fmancial guarantee, its 6 agreement wl*th 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 pen*od) the Improvements have not been completed and accepted. iv. The City may uttlize the Developer's fi nancial guarantee to clause 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 falls 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 AgTeement. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) Combined CFA Agreement—Revised January 20114 Cost Su m,mary Sheet P'roj ect Narne.- Carter Ind us,trial Park Lots 5R I A,and 5 R I B CFA No.: 2014-007 DOE No�.-1 7196 An Engineer 11 s, Estimate of Probabine Cost is tab lie., Howeverl the corls,t,ru�ctioln contract price will ultimately determine the amount of CFA fees and financial guarantee. The bid price and' any additional CFA payments,w1�11 be required prior to scheduling a pre-construction meeting. An itemized estimate corresponding to,each project-speci lc exhibit is req�uiire,d to support the following information. Items Developer's Cost A. at, r and Sewer Construction 1. Water Construction $ 1,2010-010 2.Sewer Construction $ 88,030.80 Water and Sewer Construction Total $ 89,230.80 B., TPW Construction 1.Street 2.Storm Drain $ 3.Street Lights Installed by Developer $ TPW Construction Cost Total Total Construction Cost(excluding the fees): $ 89,230.80! Construction Fees, C. Water/Sewer Inspection Fee(2,%) $ 1,784-62 D. Water/Sewer Material Testin I Fee(2%) S 1,784.62 Sub-Total for Water construction Fees $ 3,569.23 E.. TPW Inspection Fee F. TPW Material Testing(2%,) $ G. Street Light Inspsect,ilon Cost $ H. Street Signs Installation Cost $ Brea-Total for TPW Construction Fees $ Total Construction Fees: $ 3,569.23 Choice Financial Guarante tions,choose one Amount (cue onp), Bondi=100% $ 89,230.80 Co Pleti2a.A 89 2301M, M greement=100%/Ho�l�ds Plat $ :1 Cash Escrow Water/Sanitary Sewer=126% $ 111,538.50 Cash Escrow Pavinq/Storm Drain=125% $ - Letter of Credit=125 r expiration period $ 111,538-50 X 8 IN TESTIMONlY W!"IEREOF, the City of of Worth has caused this instrument to be executed in quadruplicate in its name and ozi its belialf by its Assistant City Manager, attested by its City Secretary, with the corporate seal of the City affixed, and said Developer has exec this instrument in,quadruplicate, at Fort, Worth, Texas this 01 day of 120 CIT Y OF FORT WORTH-Recommended ity, Water Department Transportation&Public Works Dep arty ient LOO Wendy Chi-Babulat, EMBA, P.E. Douglas W. Wiersig, "P.E. Development Engineering Manager Director Approved as to Form &Legali�y: Approved b Cif Manager'S fice 0or w- ................ aD ou)"Y glas,W.kBlack Fernando Costa Assistant City Attorney Assistant City Manager 0 R M&C No. 0000 N Date-. '0 ATTEST', 9 % 100.0000,000 X1A'I J. K City Secre NO M&C REQUIRED ATTEST.: DEVELOPER-. Westover Development, Ltd, a Texas limited partnersl�lpi By.- THM ffic., its general partner .101 Signior Signature (Print)Name.- (000Yfi- &),oe7 Print Name: fteV-"4m os Title: Title: )h6�,dew 1, OFFICIAL RECORD FOFFICIA O'ID C11TY SECRETAR I Combined CFA Agreement-Revised January 2014 Y FT. FX WORTH, TX Check' s ass ocl*ated with the project bem' g undertaken, checked items must be meluded 1$ as Attachments,to thi,s Agreement Included Attachment z Location Map z I Exh,ib,it A.- Water Iniprovements, z 'Water Estimate z Exhibit A,-I: Sewer Improvements z Sewer Estimate Exhibit B: Paving Iniprove men ts Paving Estimate Exhibit B-I.- Storm Drain Improvements Stone Drain Estimate Exhibit C.- S,treet Lights and Signs Improlvernents, Street Lights and Signs, Estimate (Remainder of Page Intentionally Left Blank) 10 WATER SERVICE METER., 12 LF OF 1-1/2$0 WATER SERVICE AND CONNECTION TO EXISTING 160 WATER LINE CONTRACTOR TO PROVIDE SERVICE LINE UP TO BOUNDARY LINE AND CAP. REMAINDER 100� OF LINE SHALL BE BY SEPARATE PRIVATE CONTRACT EXISTING DRIVEWAY' 00 0 cc w a: CONTRACTOR TO PROVIDE SADDLE TAP AND VALVE OVER EXISTING 16" WATER MAIN FOR DOMESTIC WATER SERVICE ROPIOSED PYLON SIGN 10 0 to so 30 mrw''w,iii im Immmm GRAmc WAIS-pm /AKTEFEx:) I TIL PARK Cu" MMUNITY FA(DILITIEZ405% AGREEMENT - EXHIBIT A, WATER IMPROVEMENTS CHARLES CROOK CONSULTING, 11MC. FIRM REGISTRATION NO,F-10812 AdF1506 W.PIONEER PKWY.,SUME 207 ARUNIGMY,TEXAS 76013 8117-274-771111 OFFICE 8 17-2 74-3285 FAX www.CCro,okCorisulting.com ........... M y .�.���,,,.r�..a••..�....��.�..�...a,�....w�.�.:«.m.,,�....m..•..�..m.W...�����.....�,. ...����...�.,.�..w. ....i�,,.--.. ,,,,.�.,,.. � -.. 'M ...,.,.. ..,��......�.w„..._..im+,w�.,,w�....ww......e......a.......����...,.......,�r:m -�.�;.a�wM.-.« tl ,,, ..ta�.,, W MATuo"H LINE 7 LF OF 8" PVC SANITARY SEWED" LINE � DIAMETER SANITARY . SEWER � - r 100 ate'"' OF 0' P vc SANITARY SEWER VNE „ 7 � LF OF 6* PVC SANITARY ' SEWER SERVlCE BEGIN CONVEN77ONAL � n q FYM P wf BORE METF,R SANITARY' 105 LF OF 8` PVC SANITARY SEWER LINE BY B'ORE WITH 16" 1 5" SANITARY SEKER NNA 5TEEL CARRIER PIPE EASEMENT EVFJO" PARKWAY f . ,'w, —1600, r, " � � c w C I ME7ER SANITARY I � NIT R SEWER L INE SE KER MA NH 0 t PA VEM REPAIR = r r � 6 t .I w 12"WC iOM2 M-2958 11 ri�T a « � dlW A.=_-_ E � d t G"mc s )nm "ARTER" lNm' lUwo" U4w`TFp-"\%I A L C"**0 M M U N' I TY F'A C"I L I T I E S"' A G'mrm"'E E a r 7 �a MENTV, ,, W A Atow"'iJEWPATER IMPRONVEME, &NOTS' '�o r CHARLES CROOK. CONSULTINGs INC. FIRM REGISTRATION Nub,F-108 06 W'II a R PK W�'Y.„'UITE 207 ARLI VOMN,TEXAS 7601,3 X117.274-7788 OFFICE 817. 74�3 135 FAX A 42 43 BID PROPC)�AL SECTION O�O 42 43 PROPOSALFORM UNIT ICE BID Bidder's Application Project It ern Information Bidder's Proposal ion Unit of Bid Unit Plc e Bid Vaiue N1 0, Measure Quantity Bidtist Item Descripi' Speccation Section 31 IG.0101 Site C� 31 1000 LS 1 $3,,736.00 $3,736.00 �3213,0101 6"Conc.-.Pvmt 32 13 13 S- 48 - -- -- $226.00 $10,848.00 3301, st-CCTV Inspection 33 01 31 L� 4 $2.00 $804.00 3301.0101' Manhole Vacuum Test!ng 33 01 30 EA 3 $19 5.00 $5851.00 3304,0001 Joint Bonding and Electrical Isolation 33 04 10 LS $511�4.,00 $ 4. 3304'0002 Cathodic Protection 3304 12 LS $1,523-00 $11,523.001 333 1 1.2 Concrete Collar....... 33 05 17 EA 3 $100.00 $30 .00 33015-0113 Trench Water Stops 33 05 15 EA 1 $584.00 $584.00, 33015.1102 by Olther Than Open Cut 33 05 2) LF 105 $2,74.00 $28,77'0.00 3312.2104 1 1/2"P6ate Water Service 33 12 10 $2,653.0101, $2,653.00 3331,41018 6"Sewer Pipen, 33; 11 10,3331 12, LF 8 33 3120 $34.,00 $272.00 3331 A115 8"Sewer Pipe 33 11 10,33 31 12, LF 382 --- —- 33 3120 $36.00 $13,752.00 kfi 1 3331.4116 8"Sewer Pipe,CSS,Bac �l 33 11, 1 O� 33 31 121, LF 20, 33 31 20 $245.00 $4,9010.00 3339.0001 Epoxy Manhole Liner 33 3960 VF 33.2 $49.00, $,1,626.80 33391001 �4'Manhole 3 3'319 10 3 3 39 20 E,A 3 $4,5550.00 $13,650.00 333...3'10-03- :i"'39 10,31 `9 20 VF 147 $1001,00 $1,470-00 TOTAL BID: $89,230M CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120 120 00 42 43-Bid Proposal workbDok(2)