HomeMy WebLinkAboutContract 45896 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No. "l fg1p
WHEREAS, the undersigned Developer ("Developer") desires to make certain
improvements ("Improvements") related to a project as described below ("Project") within the City
of Fort Worth, Texas("City");and
WHEREAS, the Developer and the City desire to enter into this Community Facilities
Agreement("CFA"or"Agreement") in connection with the Improvements.
Developer and Project Information:
Developer Company Name: Caspian Management Group,Inc.
Address, State,Zip Code: 13200 Highway 287, Suite A I Haslet, TX 76052
Phone,E-Mail: (817)228-0342, haghili @aol.com
Authorized Signatory/Title: Hady Aghili, President
Project Name and Brief Description: Water and Sewer Improvements to serve Haslet Heights Addition
Project Location:North of Highway 287 and East of Avondale-Haslet Road
Plat Case No.: FS-012-163 Plat Name: Haslet Heights 1I
Council District: 7 City Project No: 02116 CFA: 2013-093 DOE: 7054
To be completed by staff.
Received by: ]_ a` N--�` Date: I (�
OFFICIAL RECORD
CITY SECRETARY
RECEIVED AUG 2 6 2014 FT. WORTH, TX
NOW,THEREFORE, 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, 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 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
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 the
Improvements. Developer further acknowledges that said process requires the
contractor to submit an Affidavit of Bills paid signed by its contractor and Consent
a.t
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 fill 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) _N/A Storm Drain (B-1) _N/A Street Lights & Signs
(C) N/A .
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 conformance 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:
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.
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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 Improvements, and a maintenance bond in the name of the
City for one hundred percent (100%) of the contract price of the improvements 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.
1. City shall not be responsible for any costs that may be incurred by Developer in the
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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
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 iniuries, death or damages are caused, in whole or in
Part, by the alleged nedheence of the City of Fort Worth, its officers, servants,
or employees.
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, 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.
N. Upon completion of all work associated with the construction of the infrastructure and
4
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 constriction
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. If applicable, the City's obligation to participate (exclusive of front foot charges) in
the cost of the Improvements shall terminate if the Improvements are not
completed 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 year. if the Improvements 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 Improvements if at
the end of two (2) years from the date of this Agreement the Improvements have
not been completed and accepted.
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iv. The City may utilize the Developer's financial guarantee to cause 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 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)
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Cost Summary Sheet
Project Name: Haslet Heights Lift Station
CFA No.: 2013-093 DOE No.:7054
Items Developer's Cost
A. Water and Sewer Construction
1. Water Construction $ 83,519.50
2.Sewer Construction $ 203,685.96
Water and Sewer Construction Total $ 287,205.46
B. TPW Construction
1.Street $
2.Storm Drain $
3.Street Lights Installed by Developer $
TPW Construction Cost Total $ _
Total Construction Cost(excluding the fees): $ 287,205.46
Construction Fees:
C. Water/Sewer Inspection Fee(2%) $ 5,744.11
D. Water/Sewer Material Testing Fee(2%) $ 5,744.11
Sub-Total for Water Construction Fees $ 11,488.22
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: $ 11,488.22
Choice
Financial Guarantee Options,choose one Amount (ck one)
Bond= 100% $ 287,205.46
Completion Agreement= 100%/Holds Plat $ 287,205.46
Cash Escrow Water/Sanitary Sewer=125% $ 359,006.83
Cash Escrow Paving/Storm Drain= 125% $ -
Letter of Credit= 125%w/2 r expiration period $ 359,006.83
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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, ands ' Dev per has execut d this
instrument in quadruplic ate, at Fort Worth, Texas this day of
20 .
CITY OF FORT WORTH-Recommended by:
Water Department Transportation&Public Works Department
Wendy Chi-Ba ulal, EMBA, P.E. Douglas W. Wiersig,P.E.
Development Engineering Manager Director
Approved as to Form&Legality: Approved by City Manager's Office
. gaLw=
Douglas . Black Fernando Costa
Assistant City Attorney Assistant City Manager
M&C No.
Date:
ATTEST: �y Q F �C®
O 8 °°o°
S
M ry J. Ka e r
jo�
City Secret ry,
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ATTEST: DEVELOPER:
Caspian Management Group, Inc.
Signature Signature
(Print)Name:LIV^04400101, 4005Ol (Print)Name: N,-if{ ILA
Title: ,/ss,�•�TE —p��i,�a.r1'.Iis r.�.T� Title: P�%Ip
OFFIC IAL RECORD
CITY SECRETARY
s FT. WORTH, TX
Check items associated with the project being undertaken; checked items must be included as
Attachments to this Agreement
Included 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)
9
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0041 00
BID FORM
Page 1 of 9
SECTION 00 4100
BID FORM
TO: Dunaway Associates, L.P.
c/o:Jeff Davis, P.E.
550 Bailey Avenue-Suite 400
City of Fort Worth,Texas 76107
FOR: HASLET HEIGHTS
LOT 22, BLOCK 6
City Project No.: 2116
Units/Sections: UNIT I-WATER&SANITARY SEWER IMPROVEMENTS
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
1
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.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20120327 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12L_00 35 1 3_Bid Proposal Workbook 2013-1203.x1s
0041 00
BID FORM
Page 2 of 9
3. Prequalification
The Bidder acknowledges that the following work types must be performed only by prequalified contractors and
subcontractors:
a. Public Water Improvements
b. Public Sewer Improvements
4. Time of Completion
4.1. The Work will be complete for Final Acceptance within 30 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. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph
5.01 of the General Conditions.
c. Proposal Form, Section 00 42 43
d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37
e. MWBE Forms (optional at time of bid)
f. Prequalification Statement, Section 00 45 12
g. Conflict of Interest Affidavit, Section 00 35 13
*If necessary, CIQ or CIS forms are to be provided directly to City Secretary
h. Any additional documents that may be required by Section 12 of the Instructions to Bidders
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.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20120327 00 41 0000 43 1300 42 43_00 43 37 00 45 1 Z_00 35 13—Bid Proposal Workbook_2013-1203.xls
0041 00
BID FORM
Page 3 of 3
` Total Bid: $
7. Bid Submittal
f This Bid is submitted on by the entity named below.
Respectfully submitted, Receipt is acknowledged of the
following Addenda: Initial
I
By: ����ii� � G Addendum No. 1:
(Signature) Addendum No. 2:
I Addendum No. 3:
c M C G Addendum No. 4:
(Printed Name)
iTitle: . r (1,e0
Company: �rp WJ,k5 00-Y,05�YLA-J S O V13 �M�YAVJ Yorporate Seal:
Address:
�1 ,I
State of Incorporation:
Email: ( +CL�cc��COIt)Ev-'3V-%Q-0Y'Z'L-x' :�OrJ. CIO f"
Phone: U� f'r ^ Do 60
END OF SECTION
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CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20120327 00 410000 43 13_00 42 43_00 43 37_00 45 12_00 35 13_81d Proposal Workbook.xis
s
WATER
BID PROPOSAL
Page S 0f 9
SECTION 00 42 43
PROPOSALFORM
UNIT I - WATER IMPROVEMENTS Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Description Specification Section No. Unit of Bid Unit Price Bid Value
No, Measure Quantity
1 3312.2003 1"Water Service 331210 EA 1 $871.02 $871.02
2 3312.2203.2"Water Service 331210 EA 2_ $1,423.57 $2,847.14
3 3312.2004 1"Private Water Service 33 12 10 LF 36 $13.50 $486.00
4 3311.0141 6"Water Pie 33 11 10,3311 12 LF _ 51 $33.34 $1,700.34
5 3311.0241 8"Water Pie 33 11 10 33 11 12 LF 95, $33.94 $3,224.30
6 3311.0441 12"Water Pie 33 11 10 33 11 12 LF 236 $43.56, $10,280.16
7 3312.3002 6"Gate Valve 331220 EA 3 $696.55 $2,089.65
8 3312.3005 12"Gate Valve 33 12 20 EA 1 $1,886.971 $1,886.97
9 3312.0117 Connection to Existin 4"-12"Water Main 331225 EA 2 $698.181 $1,396.36
10 0241.1118 4"-12"Pressure Plug 33 12 25 EA 4 $432.46 $1,729.84
11 3312.0001 Fire Hydrant 33 12 25 EA 2 $2,181.76 $4,363.62
12 3311.0001 Ductile Iron Water Fittings wl Restraint 3311 11 _ TON 2.3 $3.760.591 $8,649.36
13 3305.0109 Trench Safety 33 05 10 LF 382 _ $3.721 $1,421.04
14 3291.0100 Topsoil 32 91 19 CY 654 $40.50, $26,487.00
15 3292.0400 Seeding,H dromulch 329213 SY 3706 $0.671' $2,483. 2
16 3211.0112 6"Flexible Base Type A GR-1 321123 SY 1162 $11.121 $12.921.44
17 3471.0001 Traffic Control 3471 13 MO 1 $682.341 $682.34
UNIT I-WATER IMPROVEMENTS $83,519.50
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20120120 00 410000 43 1300 42 4300 43 3700 45 1200 3513 Bid Proposal WCB:i)Oe1C 2013-1203sIL
SEWER
BID PROPOSAL
Page 6 of 9
SECTION 00 42 43
PROPOSALFORM
UNIT I SEWER IMPROVEMENT'S Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Description Specification Section No. Unit of Bid Unit Price Bid Value
No. Measure Quantity
1 3331.4101 4"Sewer Force Main 33 11 10,33 11 12,33 31 15 LF 1056_ $23.04 $24,330.24
2 _3331.4115 8"Sewer Pipe 33 11 10,33 31 12,33 3120 LF 554 $36.26 $20,088.04
3 3331.4116 8"Sewer Pipe CSS Backfill 33 11 10,33 31 12,33 31 20 LF 87 $41.99 $3,653.13
4 9999.0001 8"Bored Sewer Pipe(No Casing)__ 00 00 00 LF 55 ~ $173.21 $9,526.55
5 3201.0611 6"Conc Pvmt Repair 32 01 29 Sy 27 $149.85 $4,045.95
9999,0002 4"Bored Sewer Force Main(Alternate Bid to Item
6 #5(6"Conc.Pavement Repair) 00 00 00 LF 83 $168.71 $14,002.93
7 9999.0003 Tree Protection 00 00 00 LS 1 $450.00 $450.00
8 9999.0003 Lift Station(Complete in Place) 00 00 00 LS 1 $97,294.68 $97,294.68
9 3331.3401 Ductile Iron Sewer Fittings 3311 11 TON 0.5 $14,267.50 $7,133.75
10 0241.2103 8"Sewer Abandonment Plug 0241 14 EA 2 $222.03 $444.06
11 3339.1001 4'Manhole 33 39 10,33 39 20 EA 3_ $3,416.91 $10,250.73
12 3339.1001 4'Extra Depth Manhole 33 3910,33 39 20 VF 5.5 $90.00 $495.00
13 3339.0001 Epoxy Manhole Liner 33 39 60 VF 23 $18.00 $414.00
14 3305.0112 Concrete Collar 330517 EA 3 $225.00 $675.00
15 3301.0101 Manhole Vacuum Testing 3301 30 EA 3 $130.50 $391.50
16 3301.0002 Post-CCTV Inspection 3301 31 LF 1610 $3.69 $5,940.90
17 3305.0109 Trench Safety 330510 LF 1610 $0.45 $724.50
18 3125.0101 SWPPP>1 acre 1312500 LS 1 $3,825.00 $3,825.00
UNIT 1-SEWER IMPROVEMENTS $203,685.96
i
i
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Fo-Rcvised 20120120 004100_004313_004243_004337_004512_003513 Bid Proposa1%,kbook2013-1203.r.3s