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Home My WebLink AboutContract 48888��U� CiRi $ECi�/�� CONTRACT N0, Developer and Project Information Cover Sheet: Developer Company Name: Fort Worth Human Seivices, Inc., a Texas Corporation Address, State, Zip Code: 2513 S. Edgwood Terrace, Fort Woi•th, TX 76105 Phone & Email: 817-412-7155, chiefdrt@@aol.com Authoi•ized Signatoiy, Title: Di•. Theron L Bowinan., Pr�esident Project Name and Brief Family Dollar Beriy Sh�eet Addition Description: Project Location: NE Corner of E Berry St and Mount Castle Dr. Plat Case Number: 100047 Plat Name: Family Dollar - Berry Street Addition Mapsco: 79S COL111C1I D1SiP1Ct: 9 City Project Number: 100047 CFA Number: 2016-096 DOE Number: None To be complete�l by nff Received by: l' Date: � � / � ,� RECEIV�� t,11',! ; 7 ! �.� �; i C1N ��5� ��pR� Cl'i`( City of Fort Worth, Texas Standard Community Facilities Agreement CFA Official Release Date: 10.07.2015 Page 1 of 11 OFFI ��AL �6�Q�D �17'V �E,��RY �'1' 6��`y��►1►'X � STANDARD COMIVIUIVITY FACILITIES AGREEMENT THE STATE OF TEXAS COUNTY OF TARRANT City Secretary ContractNo. f�� WHEREAS, Fort Worth Human Services, Inc., a Texas Corporation, ("Developer"), desires to inalce certain specific improvements as described below and on the e�ibits attached hereto ("Improvements") related to a project generally described as Family Dollar Berry Street Addition ("Project") within the City or the extraterritorial jurisdiction of Foi�t Worth, Texas ("City"); and WHEREAS, the City has no obligation to participate in the cost of the Improvements or Project; and WHEREAS, any fiiture 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 ainendment to this Agr•eeinent; and WHEREAS, the Developer and the City desire to enter into this Community Facilities Agreement ("CFA" or "Agreement") in connection with the collective Improvements for 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 II, of the Policy and recognizes that there shall be no reduction in the collateral until the Project has been coinpleted and the City has officially accepted the Improvements. Developer City of Fort Worth, Texas Standard Community Facilities Agreement CFA Official Release Date: 10.07.2015 Page 2 of 11 further acknowledges that said acceptance process requires the Developer's contractor(s) to submit a signed affidavit of bilis paid and consent of Surety signed by its surety to ensure the contractor has paid any sub-contractor(s) and suppliers in full. Additionally, the contractor wili provide in writing that the contractor has been paid in full by Developer 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 worlcmanlilce mamier and in accordance with all City standards and the City-approved construction plans, specifications and cost estimates provided for the Project and the e�iibits attached hereto. D. The following checked exhibits describe the Improvements and are incorporated herein: Water (A) ��, Sewer (A 1) ��, Paving (B) '1��, 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. Developer shaii ensure its contractor(s) pays the then-current City-established wage rates. 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 ways and/or prequalified to perform water/wastewater 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 from the date of final acceptance insuring the maintenance and repair of the constructed infrastructure during the term of the City of Fort Worth, Texas Standard Carnmunity Facilities Agreement CFA Official Release Date: 10.07.2015 Page 3 of 11 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 worlc 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 boolc. iv. To require its contractor to give 48 hours advance notice of intent to commence constiuction 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 worlcing 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, if any, 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, unless otherwise agreed to by City, 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 required herein. City of Fort Worth, Texas Standard Community Facilities Agreement CFA Official Release Date: 10.07.2015 Page 4 of 11 I. City shall not be responsible for payment of any costs that may be incuned 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, specifcations 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, its 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, its contractors, sub-contractors, officers, agents or employees, wlzetheY or not such inlicries, deatJi or d�cma�es aYe cause�l, in wliole or in p�rt, by tlie �clle�ed ne�li,�ence of'tlae Citv ofFort Wortla, its offcers, serva�zts, o� emploVees. 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, ivhetlier or not sucla injur�ies, �leath or drema�es are causetl, in lvliole or in pr�rt, by the tille�ed ne�liQence of the CitV of Fort Wortlz, its of�cers, servtcnts, ot� emplovees. 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 City of Fort Warth, Texas Standard Community Facilities Agreeinent CFA Official Release Date: 10.07.2015 Page 5 of 11 construct the improvements in a good and workmanlike manner, free from defects, in conformance with the Policy, and in accordance with all plans and speci�cations. N. Upon completion of all worlc 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 oi• 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 consti-uction 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. iii. The City may utilize the Developer's iinancial guarantee submitted for this Agreeinent to cause the completion of the construction of the Improvements if at City of Foi�t Worth, Texas Standard Community Facilities Agreement CFA Official Release Date: 10.07.2015 Page 6 of 11 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 conshuction, the contractors andlor suppliers may put a lien upon the property which is the subject of the Completion Agreement. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) City of Fort Worth, Texas Standard Community Facilities Agreement CFA Official Release Date: 10.07.2015 Page 7 of 11 Cost Summary Sheet Project Name: Family Dollar Berry Street Addition CFA No.: 2016-096 CP No.: 100047 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 A. Water and Sewer Construction 1. Water Construction 2. Sewer Construction Water and Sewer Construction Total B. TPW Construction 1. Street 2. Storm Drain 3. Street Lights Installed by Developer 4. Signals TPW Construcfion Cost Total Total Construction Cost (excluding the fees): Construction Fees: C. Water/Sewer Inspection Fee (2°/o) D. Water/Sewer Material Testing Fee (2%) Sub-Total for Water Construction Fees E. TPW Inspection Fee (4°/a) F. TPW Material Testing (2%) G. Street Light Inspsection Cost H. Signals Inspection Cost H. Street Signs Installation Cost Sub-Total fo� TPW Consiruction Fees Total Construction Fees: Financial Guarantee Options, choose one Bond = 100°/a Completion Agreement = 100% / Holds Plat Cash Escrow Agreement Water/Sanitary Sewer= 125% Cash Escrow Agreement Paving/Storm Drain = 125% Cash Escrow = 125% City of Fort Worth, Texas Standard Community Facilities Agreement CFA Official Release Date: 10.07.2015 Page 8 of 11 Developer's Cost $ 83,317.36 $ - $ 83,317.36 $ 90,303.58 $ - $ - $ - $ 90,303.58 $ 173,620.94 $ 1,666.35 $ 1,666.35 $ 3,332.69 $ 3,612.14 $ 1,806.07 $ - $ - $ - $ 5,418.21 $ 8,750.91 Amount 173,620.94 173,620.94 83, 317.36 90, 303.56 43,405.23 Choice ACCORDINGLY, the City of Fort Worth and Developer have each caused this instrument to be executed in quadruplicate in each entity's respective name by its duly authorized signatories effective as of the date executed by the City's City Manager or his/her designee. CITY OF FORT WORTH � ,J ^ � � � Jesus J. Chapa Assistant City Manager Date: �" Jf %'� � Recommended by: Wendy Chi-Babulal, EMBA, P.E. Development Engineering Manager Water Department W, l� Dougl s W. Wiersig, P.E. Director Transportation & Public Works Department Approved as to For�m & Legality: Richard A. McCracken Assistant City Attorney M&C No. N �� Date: 3 I�� I'i �o�. �zs'i5 : N l�4,... City of Fort Worth, Texas Standard Community Facilities Agreement CFA Official Release Date: 10.07.2015 Page 9 of 11 DEVELOPER Fort Worth Human Services, Inc., a Texas Corporation Name: Dr. Theron Bowman, Sr. Title: President Date: � ATTEST: (Only if required by Developer) Signature Name: ATTEST: City J. r"- " ,. 1 � • �*�) i� i t � � .��, � �- � f� =I f �+.._ � OFFICIAi, RE��RD CITY ��;��TA,RY �r. w��r�, rx Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. � . j� � j, - G4'�, L( '(,�, ,)'� Date: '�� '� `� Janie S. Morales Development Manager 9FFICIAL RE�t�l�� Cli'Y ��,�`r;l,°fi•,>: ,�€�' !�`T� it�r".��':�z ��;� Check items associated with the project being undertaken; checked items must be included as Attachments to this Agreement Included i�'' �� '� �! � fli Attachment Attachment 1- Changes to Standard Community Facilities Agreement Location Map Exhibit A: Water Improvments Water Cost Estimate Exhibit A-1: Sewer Improvements Sewer Cost Estimate Exhibit B: Paving Improvements Paving Cost Estimate E�iibit B-1: Storm Drain Improvements Storm Drain Cost Estimate Exhibit C: Street Lights and Signs Improvements Street Lights and Signs Cost Estimate (Remainder of Page Intentionally Left Blank) City of Fort Worth, Texas Standard Community Facilities Agreement CFA Official Release Date: 10.07.2015 Page 10 of 11 ATTACHMENT "1" Changes to Standard Agreement Community Facilities Agreement City Project No. 100047 None City of Fort Worth, Texas Standard Community Facilities Agreement CFA Official Release Date: 10.07.2015 Page 11 of 11 0 VICINITY MAP I/lCllVl T Y MA P (NOT TO SCALE) � Pacheco Koch 6100 WESTERN PLACE, SUITE 1001 FORT WORTH, TX 76107 817.412.7155 TX REG. ENGINEERING FIRM F-14439 TX REG. SURVEYING FIRM LS-101938-24 ORA WN B Y CHECKED BY SCAL E DA TE ✓OB NUMBER HPB JCM NTS 09/02/2016 3622-14.364 FAMILY DOLLAR - BERRY STREET ADDITION WATER IMPROVEMENTS �OCATED IN THE CITY OF FORT WORTH, TEXAS TARRANT COUNTY. TX DWG FI�E: 3622-14.364CV.DWG N O N � �1 U � > EXHI:IT "A"- WATER _ �� v 0 50 100 200 GRAPHIC SCALE IN FEET LEGEND - PROPERTY �INE EASEMENT LINE 0 POINT FOR CORNER (UNLESS OTNERWISE NOTED) 6700 WESTERN PLACE, SUITE 1001 � Pacheco Koch FORT WORTH, TX 76107 817.412.7155 �� TX REG. ENGINEERING FIRM F-14439 TX REG. SURVEYING FIRM LS-1 01 9 38-24 ORA WN B Y CHECKED BY SCALE DA TE ✓OB NUMBER HPB JCM 1"=100' 09/02/2016 3622-14.364 FAMILY DOLLAR - BERRY STREET ADDITION WATER IMPROVEMENTS LOCATED IN THE CITY OF FORT WORTH, TEXAS TARRANT COUNTY, TX DWG FILE: 3622-14.364WTR.DWG � � 0 � � � � � M � I N O N � M U J i U (7 � � / � M � I N N � / � �'] � � � EXHI : IT ": "- PAVING �� v 0 50 100 200 GRAPHIC SCALE IN FEET ASPHALT TRENCH REPAIR , Pacheco Koch 6100 WESTERN PLACE, SUITE 1001 FORT WORTH, TX 76107 817.412.7155 TX REG. ENGINEERING FIRM F-14439 TX REG. SURVEYING FIRM LS-101938-24 ORAU/N BY CHECKED BY SCALE DATE ✓OB NUMBER HPB JCM 1"=100' 09/01 /2016 3622-14.364 FAMILY DOLLAR - BERRY STREET ADDITION WATER IMPROVEMENTS LOCATED IN THE CITY OF FORT WORTH, TEXAS DWG FILE: 3622-14.364WTR.DWG 11/U9/2U16 WED 1j:4fi FAX SECTION 00 42 43 PROPOSALFORM UNIT PR(CE B(D IQJ��L/UUiS ao �2 a; nnr -¢iu rxorosn� ��.,ez i on Bidder's Application Total Construction Bid $173,620.92 Ti\ll Of SGCttON C17Y OF fOR7'tYOR'17i Sl)\�DARD COn'S'112UCtl0\ SDGC.IIYG�'170K DOCU�iC\'7S - UIiVf;I.OPER A\Y.1 RI)[U Yft(»fiC I'S Fonn V.is�nn Sepicm6cr t, 2UI t 00 92 d_Oid P�oposal„DAP \1'iih i'ncr> I)•D9�2UI4