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HomeMy WebLinkAboutContract 45701 CITYSEMAW , CONTRACT City Project Number# INFORMAL DEVELOPER AGREEMENT TO BE EXECUTED BY DEVELOPERS WISHING TO LET THEIR OWN CONTRACTS FOR CONSTRUCTION OF WATER AND/OR WASTEWATER FACILITIES FOR (Project Name and Legal 0 Description). ('0 I self�Mth t�el C�i 0 rhe undersign DEVELOIER�h�as�fami iard ed he City of F Q Worth's "Policy for the Installation of Community Facilities" governing water and/or wastewater facility installations and fully understands all the provisions, terms and conditions of that policy, and wishes to exercise the option contained in that policy permitting a DEVELOPER to let his own contracts for construction of such water or wastewater facilities. In addition to all other requirements of the City®s Policy for the Installation of Community Facilities, the DEVELOPER specifically agrees to follow the procedures set forth below, 1. To employ a construction contractor who is approved by the Director of the Water Department. The requirements for such approval shall includiB, but not be limited to: a. The Contractor proposed to perform the work hereunder shall be prequalified as a bidder in the same manner that the City Water Department prequalifies bidders for C4 let contracts. The prequalification requirements for City let Water and Wastewater contracts are as follows- A current financial statement, and acceptable experience record, and an acceptable equipment schedule must be filed with the Director of the Water department at least two weeks prior to the hour for opening bids. The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate state licensing agency, and shall have been so prepared as to reflect the current financial status. This statement must be current and not more than one(1)year old. In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. Proposals submitted by a prospective bidder who has not fulfilled the above requirements shall be returned unopened, Liquid Assets in the amount of ten (10%) percent of the estimated project cost will be required. For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualifications P'n work of both the same nature and magnitude as that of the project for which bids are to be received, and such experience must have been on projects completed not more than five (6) years prior to the date on which bids are to be received. The Director of the Water Department shall be the sole judge as to the acceptability of experience for qualification to bid on any Fort Worth Water Department projects. The prospective bidder shall schedule the equipment he has available for the project ands to that he will rent such additional equipment as may be required to complete the project on which he submits a bid. b. The Contractor shall meet the City's requirements for being licensed and bonded to do or in public streets. 2. To require the Contractor to furnish the Water Department performance bond and payment bond in the name of the City and the Developer, and a maintenance bond in the name of the City on forms provided by the City, for 100% of the contract price of the facility, said performance, payment, and maintenance bonds to be furnished to the City before work is commenced, 3. To deposit with the Water Department an amount equal to 10% of the contract price for all facilities to be constructed by the Contractor employed by the DEVELOPER, prior to commencing of any construction work. Said amount shall be for the engineering services to be performed by the DOE Department In.-house Design Section, if the Water Department has approved the plans and specifications for the work to be done. In this regard, if the DEVELOPER wishes to ernploy his own engineers to prepare plans and specifications, he may do so, subject to Revised: Aprff 1 ,2009 if ............................... the requirements of City's Policy for the Installation of Community Facilities (including waiver of all engineering charges)and to the further requirement that: a. Written approval by the Director of the Water Department of the plans and specifications so prepared shall be obtained prior to the employment of any contractor to perform the work contemplated. b. Approved plans and specifications shall be furnished to the Engineering Division of the Water Department prior to a Confirmation of Award of ContTact being issued by the Department of Engineering Plan Review Division. 4. To require the Contractor to attend a Pre-Construction Meeting set up by the DOE Head Inspector prior to commencing construction of the facility or facilities so that inspection personnel will be available. 5. To make this agreement, as well as the General Specifications of the Fort Worth Water Department (except as they are modified by the plans and specifications approved by the Director of the Water Department to govern construction of the work) an integral part of any contract with a contractor to construct any or all of the facilities involved. & To require the Contractor to allow the construction to be subject to inspection at any and all times by Department of Engineering Construction Inspection forces and not to install any Wastewater or water facility unless an inspector designated by the Director of the DOE is present and gives his consent to proceed. T To require the Contractor to pay for such laboratory tests made as the City may require.. a. To secure approval by the Director of the Water Department of any final payments, or if there is City Participation, all partial payments to the Contractor, such approval to pertain only to satisfactory completion of the work for which payment is made and not to constitute approval of the quantities on which payment is based. 9. To delay connection of any buildings to service lines of wastewater and water mains until such wastewater,water mains, and services have been completed to the satisfaction of the Water Department. 10. To furnish simultaneously with the execution of the construction contract let by the Developer, performance and payment(developer) bond in the name of the City of one hundred percent(100%)of the estimated contract cost of the related water and/or wastewater construction, a s s tated in the construction contract, to guarantee timely payments to the Contractor for completed work and/or to guarantee satisfactory performance of this agreement and substantial completion of the water and sewer facilities to be installed. If the deposit is in the form of cash,the deposit shall be for one hundred twenty five percent(125%) of the estimated developer's share of the cost of the Water and Wastewater facilities. In addition, developer shall pay to the City in cash for the construction inspection fee equal to two percent(2%)and a lab testing fee of two percent(2%for those started after December 14, 2005) of the developer's share of the construction cost of related water and/or wastewater facilities as stated in the construction contract. 110 Work hereunder shall be completed within two(2)years from date hereof, and it is understood that any obligation an the part of the City to make any refunds with respect to water and/or wastewater facilities shall cease upon the expiration of two (2) years from date hereof, except for refunds due from "front foot charges" on water and wastewater mains,which refunds may continue to be made for a period of ten (10)years commencing on the date that approach mains are accepted by the Director. If less than 70%of the eligible collections due to the developer have been collected, the Developer may request in writing an extension of up to an additional 10 years for collection of front charges. 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 1 b the a of the City of Fort Worth,its officers lo ees. ,servants. or 2mo—y- It is expressly understood and agreed by the parties hereto that execution of this agreement does not bind the City of Fort Worth to participate in or contribute to the cost of any of the improvements described herein; nor shall the Revised: April 14,2008 ...................... City of Fort Worth be responsible or liable for any portion of the costs incurred by the developer, its officers, agents, employees, contractors or sub-contractors for the design and construction of the improvements described herein, unless and until the parties hereto execute a Formal Community Facilities Agreement, duly authorized by the City Council at a regular meeting, signed by the City Manager, and providing for the Chys participation in the costs of said improvements. This agreement pertains to water and/or wastewater facilities required to serve the following described property and project, ................. ...... ............ .......... -------- ACCEPTED FOR FORT WORTH DEVELOPER, WATER DEPARTMENT" (print developer entity) By. DATE". ... . . ... 1...... ACCEPTED AS TO FORM FORT WORTH LEGAL DEPT. te5t, V41`114411' (print name and title) FERNANDO COST&ASSISTANT CITY MANAGER alp DATE—�,;-Jr/as Water Project#p W6'- (�10,3 Contract Amount for Water Improvement .................... (See Attached Exhibit"A"for Water Layout and Cost Estimate) Sewer Project# Contract Amount for Sewer Improvement, $ (See Attached Exhibit"A-1 for Sewer Layout and Cost Estimate) City Project Number DOE Related Plat Case# 4WR Related Building Permit# ... ......... (if Applicable) (if Applicable) ([deed 3 copies with original signature on each.) Mail W Ms.Stephanie Francis,EJ.T. City of Fort Worth Water Engineering and Planning 1000 Thrackmorton Fort Worth,Texas 76102 Revised: April 14,2008 07/21/2008 03:34 9724632 o A&M PAGE 02/02 M 09 Construction till i Inc. Proposal To: 7/21/2008 Fax' Addendums: IkYktlr >tll„� til &�Id(�� ; '�tJsrtla„ Acknowledged Attn: We Propose to furnish all labor,materials,and equipment necessary to construct,as an independent contractor,the following described work; Location: .. br. :::,.,....._....._........_.,.8.r.�'.,.::{••::,:-�I - ,... ._......... - ,I,i,�,l!Jla,l.ill! riii_i_::::i:.r:.r... 11 1,.1 1. (•,• i_....... -- 't .i:.t.�:1::hhdi st., ,(., ,Iif SS 1,1 t n 4,1 „lti'w,nd .......__.......__......__...•,..l..f.,, h i r .._ .. ...........:�.,...,,....,rt,:.,.1;fn,�ia�'lei.l.,.}L.•,sj,ni�11 V1�ldll��ill,$Sl,.,„ y...,,.,.,.�._....._.........._,......,...4,G`'l.,?I,fi i�:,..,.,,..,... ..li l: IJ f`P1,4 't,5''h;t ,........_..........-,. ,, I({.„. � II6Uilti.itl iii.Ei.,iP�llli�tfiil�.,.11t.,,l,,..,.�, � �z€.._.... „- Water: 1 Water Line 28 LF $74.00 32,072.00 2 2”Water Pipe 28 LF $80.00 $2,240.00 3 16 x S TSV 1 EA $2,800.00 $2,800.00 4 8”Gate Valve 1 EA $900.00 $000.00 Tota I: $8,012.06 Sewer 1 6"Sewer Line 235 LF $25.06 $5,888.00 24"Manhole 1 EA $2,100.00 $2,100.00 3 Paving Repairs 100 SF $20.00 $2,000.00 Total: $9,988.00 Grand Total: $18,000.00 'Please discuss any inclusions or exclusions or price adjustments with Jesse Banda at 972-835-2031 Ito { ciVti irf ±dtllrlpt a Add: Pricing is subject to change after 30 days. Excludes: includes: Engineering Sales Tax on Non-incorporated Material Only Inspection Fees,Impact Fees,Third Party Contract Fees Lay-Out Geotechnical Testing Storm Water Poliution Prevention Plan Construction Material Testing Payment,Performance&Maintenance Bonds Storm Drain N Testing Landscaping/Irrigation Naz-Mat Abatement Outlet Structures Payments shall be made on measured quantities of work completed,Work completed will be billed on the 25th of each month with payment due by the 10th of the following month.Partial payments shall be made monthly for 90%of the work completed during the Preceding month,Final payment shall be made in cash upon completion or partial completion,with interest at maximum allowed by law charged thirty days the reafter.Stoppage of work for the convenience of the customer shall be considered as partial completion and full payment shall be due for all work done. AA c,epted' Jesus Banda-Vice President A& M Construction & Utilities Inc. ,r 4950 Gri6ham Dr. Rowlett, Tx. 75088 By: / " ' ' c � 'w" 972-835-2031 Fax:872-463-0736 [gate: N W SAN. ER L E LOCATI CALMONT AVE. z 0� � w ASHVILL 0 U) NEW WATER LINE LOCATI DN ui N VICINITY COUNCIL DISTRICT . F. W. Noakes Engineedng Company, I Bus' (8171- kiigxh(*81-Tem- T LOCATION MAP '#99320 Z" W.WATER & SAN. SEWER IMPROVEMENTS t LOT 1 FQ, BLOCK 1, LOFFLAND ADDN. E SEAL APMAIRING ON THIS 73QQ BLOCK CAL f�N AVE. Ar WAS AM, RE 9 2 BY OAlAS S GRAHAM, P.E. 9932 PROJECT QUMTMES: 28 L.F.8m PVC WATER PIPE 20 L.F.2'PVC WATER PIPE WATER METERS W/BOXES 1-1 'X ir TAPPING SLEEVE 2-8m X 20 TAPPING SLEEVES 1-8°GATE VALVE or) 28 LF.PIPE EMBEDMENT r I 7 28 LF.11ACKFILL 100 SQ.FT®PAVING REPAIR r- C) CD N, STUB OUT NEW Ir LINE z-, AND INSTALL METERS C'I ................ r s 8 8( 015 Gwa Pff:1E _3A5ir--,5f ARING) A FLAG I ('dU 11 7C 5 I 6EX. 6"." J \A( AL aq IN X-905 ..... ................ .................... ............. .................. REN(NfMARK C�1� BRASS MOM.AMEN T NO. 91180 ELEVA"r�ON �S 708.604'� CONNECT NEW 8' WATER TO EN STING 16" MAIN ,f78013 ex m Noakes Engineedng Company, Inc. Buskim:(817)201-79M Fax(BM 276-2154 EXHIBIT A S. THOMAS GRAHAM WATER IMPROVEMENTS LOT 1 F;Q, BLOCK 1, LOFFLAND ADDN. 114E SEAL APPEARING ON THIS ICUUMT WAS AUTHORIZEI) BY 7300 BLOCK CALMONT AVE. OMAS & GRAHAM, P.E. 99320 Z--jfi=Q8 PROJECT U ITI 235 LA " S.S. PIPE 'DIA MANHOLE L.F. PIPE EMBEDMENT L.F. RACKFILL G SANITARY NEW SANITARY SEWER MANHOLE MANHOLE EDGE 01' lyb �ry xw r ��',G..a"Grp ti xoP �a.� �,° ✓,✓`'"y,r,T`" �'�"'^`` ,•`"• C fs� " a cJ POST.. "'`. .,^.....,. "',.,_ '"a"'ry•,�^, ��„ ," �rPILR 75D' �^' ,,,,„. "`% _ ➢I 5P> #? k'ts *3' I'll Pe ` May M4 253 LF. OF PUBLIC B' "" _...._ ° r' PVC SAN. UN * k ...r.. V ° iP,/p Fl..CNYKAH9 •mow µ� ,4 . p PRIVATE SAN, SEWER SERVICE UNE BY OTWERS Noakes Engineedng Company, Inc. ` (817)2M-MO Fa x(817)27&2154 EXHIBIT A-1 AS S. C aw •99320�.. . SANITARY SEWER IMPROVEMENTS LOT 1 R2, BLOCK I, LOFFLAND ADDN. E SEAT_ APPEARING ON THIS 7300 BLACK CAL NT AV . AS & GRAHAM.AM. P.E. 9 20 BIAS s GRAFiAaN. P.E. 993a