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HomeMy WebLinkAboutContract 46269 a Developer and Project Information Cover Sheet: Developer Company Name: CASSCO DEVELOPMENT COMPANY Address, State,Zip Code:4200 SOUTH HULEN ST., STE. 614 FORT WORTH,TX 76109 Phone,E-Mail: 817.731.7396,PAXTON@CASSCOLAND.COM Authorized Signatory/Title: PAXTON MOTHERAL/VICE PRESIDENT r Project Name and Brief Description: EDWARDS RANCH CLEARFORK SW BLK 2& 8 WATER, SEWER&RECORDED EASEMENT DEDICATION DOCUMENT TO SERVE EDWARDS RANCH CLEARFORK Project Location: SW intersection of Edwards Ranch Road&Clearfork Main Street Plat Case No.:FP-014-056 Plat Name: EDWARDS RANCH CLEARKFORK Mapsco: 75X Council District: 3 City Project No: 02407 CFA: 2014-074 DOE: 7357 To be completed by staff.• Received by: Date: Ftft CORD TARY t ut RROVM, COMMUNITY FACILITIES AGREEMENT THE STATE 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 EDWARDS RANCH CLEARFORK ("Project")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 availability 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 Community Facilities Agreement ("CFA" or "Agreement") in connection with the Improvements and the Project. 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 acknowledges that the said acceptance process requires the Developer'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) X, Sewer (A-1) X, Paving (B)_, Storm Drain (B-1) _, Street Lights & Signs (C)_ E. The Developer shall award all contracts for the construction of the Improvements in accordance with Section II, paragraph 7 of the Policy and the contracts shall be administered in conformance with paragraph 8, Section II, 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 prequalified, insured, licensed and bonded to do work in public streets and/or 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 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 fiom 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 furnished before work is commenced and to meet the requirements of Chapter 2253, Texas Government Code. 3 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 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 48 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 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 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 utilities to serve the development or to construct the Improvements contemplated 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. 4 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 injuries, death or damages are caused, in whole or in Part, by the alleged neWizence 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 newliQence 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 5 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 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. 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. 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. 6 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 period) the Improvements 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 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) 7 Cost Sunimaty Sheet Project Name: EDWARDS RANCH CLEARFORK CFA No.: 2014-074 DOE No.: 7357 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 $51,844.27 2.Sewer Construction $55,466.00 Water and Sewer Construction Total $ 107,310.27 B. TPW Construction 1.Street $ - 2.Storm Drain $ - 3.Street Lights Installed by Developer $ TPW Construction Cost Total $ - Total Construction Cost(excluding the fees): $ 107,310.27 Construction Fees: C. Water/Sewer Inspection Fee(2%) $ 2,146.21 D. Water/Sewer Material Testing Fee(2%) $ 2,146.21 Sub-Total for Water Construction Fees $ 4,292.42 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: $ 4,292.42 Financial Guarantee Options Choose one Amount Mark choice Bond=100% $ 107,310.27 X Completion Agreement=100%/Holds Plat $ 107,310.27 Cash Escrow Water/Sanitary Sewer=125% $ 134,137.84 Cash Escrow Paving/Storm Drain=125% $ Letter of Credit=125%w/2yr expiration period $ 134,137.84 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 said Dev toper has executy4 this instrument in quadruplicate, at Fort Worth,Texas this day of 20 CITY OF FORT WORTH-Recommended by: Water Department Transportation &Public Works Department Wendy Chi-Bab lal,EMBA,P.E. Douglas . Wiersig,P.E. Development gineering Manager Director Approved as to Form &Legality: Approved by City Manager's Office Q6� � 402__ Douglas W.Black Fernando Costa Assistant City Attorney Assistant City Manager M&C No. Al Date: ATTEST: CP o 000��ip� o '0 ,Mary J.Kay e poQ, City Secret '�N0,0C,0Qaooa • ATTEST: DEVELOPER: Signature Signature (Print)Name: Print Name: Title: I 9 OFFr9COAL RECORD GI'1 y SECRETARr ��q `WORTNt 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) 10 ---------------------- -----------------—- -------------------------------------- ----------- -------------------- Z > o 02 LL N r r- W O « �WF-� J o� C Y5 am JW YO _ ='0 d - ` - m Ce�naaij 5- IleMaai�5= w U0 w IInI�uWH 15 I'!4d waH m ~ 0 — (0 •O'/j8�V 1;a 3Atl ytR -- .- - r�cL A•E i any sawC( _ w \ d A i LU wyy J tr � ! cL Lu L) m to 0 (O(D o o O0-Z ~�M ro J Z^ch �lrsja�vu(t ~ tr.� ip isjaeyufl 5 .�r? 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JG AMPMM U-) � j J M z Q U t ualnH Inks OU L wo : 13388-Gi VB9 Hl ON �d tiv L. 15 awoH V - W Yd' 1 _ O n, G i pN ulnll IuPAJO 1 �� A / 1 00 in I N PH uM lue,4lt 3y �O CIO (n - PH umJltop Q C) o T T w m; W > z 3 0 -J z N E_ O Li (�q a�alry eIIV � � °o W wv m• ° a m � I n m , -----—------------------ — — - ----- ---------------- _ CL_EARFORK MAIN STREET r -- -- -- ---- — -- Q=== ♦ CONNECT TO EXISTING WATER LINE PROPOSED 15'WATER EASEMENT BY SEPERATE INSTRUMENT I PROPOSED VARIABLE WIDTH / D PUBLIC ACCESS AND UTILITY X I I cn D I C) I I PROPOSED 15'WATER EASEMENT BY SEPERATE INSTRUMENT / O I I � I PROPOSED VARIABLE WIDTH PUBLIC ACCESS AND UTILITY EASEMENT 6"FIRE LINE 2"WATER SERVICE / / PROPOSED 15'WATER / EASEMENT BY SEPERATE / INSTRUMENT LEGEND —� PROPOSED GATE VALVE ♦♦ —NA—- EXIST GATE VALVE PRIVATE PROPOSED FIRE HYDRANT LINEER — —- EXIST FIRE HYDRANT NOTE:ALL PROPOSED WATER LINES ARE 8" UNLESS OTHERWISE NOTED EXHIBIT A - WATER DOE N0. 7357 CITY PROJECT NO. 02407 ------------------------------------ ---------------------...------ ...................... -------------------- --------------------- EDWARDS RANCH OWNER/ DEVELOPER: I;?II PELOTON 0 NORTH 100' CLEARFORK ADDITION CASSCO DEVELOPEMENT I k LAND SOLUTIONS COMPANY, INC. 5751 KROGER DRIVE BLOCK SW-2, LOT 1 & SW-8, LOT 1 4200 SOUTH HULEN,SUITE 614 SUITE 185 FORT WORTH,TEXAS 76109 KELLER,TX 76244 GRAPHIC SCALE DATE:NOVEMBER,2014 PHONE:817-731-7396 PHONE:817-562-3350 i ................................................ K MAIN STREET --- ♦ PRIVATE ♦ SEWER LINE CONNECT TO EXISTING MANHOLE PRIVATE SEWER LINE I PROPOSED 15'SANITARY SEWER I I EASEMENT BY SEPERATE INSTRUMENT m I� PROPOSED VARIABLE WIDTH PUBLIC ACCESS AND UTILITY EASEMENT h PRIVATE SEWER LINE + PROPOSED VARIABLE WIDTH i PUBLIC ACCESS AND UTILITY I EASEMENT i / PROPOSED 15'SANITARY / SEWER EASEMENT BY ♦SEPERATEINSTRUMENT ♦ LEGEND 0 PROPOSED SEWER LINES SEWERS --o-- EXIST SEWER LINES LINE NOTE:ALL PROPOSED SANITARY SEWER LINES ARE 8"UNLESS OTHERWISE NOTED EXHIBIT A1 — WASTEWATER DOE NO. 7357 CITY PROJECT NO. 02407 = ------------------------------ ------ ------- EDWARDS RANCH OWNER/ DEVELOPER: loll PELOTON o NoRTM 100' CLEARFORK ADDITION CASSCO DEVELOPEMENT I LAND 30 LU1 NS BLOCK SW-2, LOT 1 & SW-8, LOT 1 COMPANY, INC. 5751 SUIITEE 8DRIVE (( 4200 SOUTH HULEN,SUITE KELLER,TX 76244 FORT WORTH,TEXAS 76109 9 PHONE:817-562-3350 GRAPHIC SCALE DATE:NOVEMBER,2014 PHONE:817-731-7396 i SECTION 00 4100—PROPOSAL DEVELOPER AWARDED CONTRACTS This proposal must not be removed from this book of Contract Documents. TO: Cassco Development Company, Inc. PROPOSAL FOR: PUBLIC WATER& SANITARY SEWER AND PRIVATE PAVING & DRAINAGE IMPROVEMENTS PROJECT NAME: EDWARDS RANCH CLEARFORK ADDITION BLOCK SW-2, LOT 1 & SW-8,LOT 1 D.O.E.NO.7357 FILE NO.X-22916 CITY PROJECT NO.02407 WATER PROJECT NO.P265-6031502407 SEWER PROJECT NO.P275-7031302407 Includes the furnishing of all materials, equipment and labor for the installation water and sanitary sewer improvements and all necessary appurtenances and incidental work to provide a complete and serviceable project designated as: PUBLIC WATER& SANITARY SEWER AND PRIVATE PAVING & DRAINAGE IMPROVEMENTS TO SERVE CLEARFORK ADDITION BLOCK SW-2,LOT 1 & SW-8,LOT 1 Pursuant to the foregoing'Notice to Bidders',the undersigned Bidder,having thoroughly examined the Contract Documents, including plans, special contract documents,the City of Fort Worth current Technical Specifications,the site of the project and understanding the amount of work to be done, and the prevailing conditions,hereby proposes to do all the work, furnish all labor, equipment and material except as specified to be furnished by the City, which is necessary to fully complete the work as provided in the Plans and Contract Documents and subject to the inspection and approval of the Director of the Department of Transportation&Public Works of the City of Fort Worth, Texas; and binds himself upon acceptance of this Proposal to execute a contract and furnish an approved Performance Bond, Payment Bond, Maintenance Bond, and such other bonds, if any, as may be required by the Contract Documents for the performing and completing of the said work. Contractor proposes to do the work within the time stated and for the following sums: Furnish and install, including all appurtenant work, complete in place,the items in the Proposal Form(Section 00 42 43). Page 1 of 4 _ = WATER IlVIPROVEMENTS- - _ _ - 3311.0261 8"PVC Water Line 33 11 12 LF 947.57 $34.00 $3,2217.38 3312.3003 8" Gate Valve 33 12 20 EA 5.00 $1050.00 $5,250.00 3312.0001 Fire Hydrant 33 1240 EA 1.00 $3600.00 $3,600.00 3311.0161 6"Water Pipe 33 1110 LF 40.00 $40.00 $1,600.00 3312.3002 6" Gate Valve 33 1220 EA 1.00 $950.00 $950.00 3312.2203 2"Water Service 33 1210 EA 1.00 $2250.00 $2,250.00 3311.0001 Ductile Iron Water Fittings w/ 33 11 11 TON 1.25 $4000.00 $5,000.00 Restraint 9999.0001 Concrete Blocking CY 3.00 $80.00 $240.00 3312.0117 Connection to Existing 4"-12" 33 1225 EA 1.00 $500.00 $500.00 Water Main 3305.0109 Trench Safety 33 05 10 LF 947.57 $0.25 $236.89 TOTAL WATER IlfROVEMENTS $51,844.27 SANITARY,SEWERIMPROVEMENTS`= - 3331.4115 8" Sewer Pipe 33 31 20 LF 618.00 $40.00 $24,720.00 3331.4116 8" Sewer Pipe,CSS Backfill 33 31 20 LF 126.00 $48.00 $6,048.00 3305.0113 Trench Water Stops 3305 15 EA 3.00 $300.00 $900.00 3339.1001 4'Manhole 33 39 20 EA 3.00 $3,000.00 $9,000.00 3339.1003 4' Extra Depth Manhole 33 39 20 VF 12.00 $162.50 $1,950.00 9999.0002 Connect to Existing Manhole EA 1.00 $1,200.00 $1,000.00 3305.0106 Manhole Adjustment,Major 3305 14 EA 1.00 $1,000.00 $2,500.00 9999.0003 Hydraulic Slide at Existing EA 1.00 $2500.00 $2,500.00 Manhole 3301.0101 Manhole Vacuum Test 33 01 30 EA 4.00 $300.00 $1,200.00 3331.3101 4" Sewer Service 33 31 50 EA 4.00 $900.00 $3,600.00 3305.0109 Trench Safety 3305 10 LF 744.00 $2.00 $1,488.00 3301.0002 Post-CCTV Inspection 33 01 31 LF 744.00 $2.50 $1,860.00 TOTAL SANITARY SEWER IWROVEMENTS $55,466.00 - BID SLf1VIMARY - Water Improvements $51,844.27 Sanitary Sewer Improvements $55,466.00 TOTAL BASE BID $107,310.27 Page 2 of 4 PART B - PROPOSAL (Cont.) After acceptance of this Proposal,the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid security, if required, is to become the property of the Developer. The undersigned bidder certified that he has examined the current City of Fort Worth Technical Specifications and that he has read and thoroughly understands all the requirements and conditions of those Specifications and the specific Contract Documents and appurtenant plans. The successful bidder shall be required to perform the work in accord the City of Fort Worth Technical Specifications, which are incorporated herein and made a part hereof for all purposes, and which may be accessed at: hops://projectpoint.buzzsaw.com/ bz rest/Web/Home/Index?folder=97563#/ bz rest/Web/Item/ Items?folder=180863&count=50&start=0&ownership=Home Page 3 of 4 r The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400. The Bidder agrees to begin construction within (_� calendar days after issue of the work order, and to complete the contract within calendar days after beginning construction as set forth in the written work order to be furnished by the Owner. I (we) acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration on preparation of the foregoing bid: Addendum No. 1 (Initials) Addendum No. 3 (Initials) Addendum No. 2 (Initials) Addendum No. 4 (Initials) Respectfully submitted, Conatser Construction Tx, L.P. By: Brock Huggins Title: Company Name: Conatser Construction Tx, L.P. Address: 5327 Wichita Street Fort Worth, Texas 76119 Email: brock@conatserconstruction.com Telephone: 817-562-3350 Page 4 of 4 3