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Home My WebLink AboutContract 52073 Received Date Received Time Developer and Project Information Cover Sheet: Governmental Entity/ISD Name: Tarrant County Address, State,Zip Code: 100 E. Weatherford St. ,Fort Worth,TX 76196 Phone&Email: 817-884-1441, wg hitley&tarrantcoun. .com Authorized Signatory,Title: B. Glen Whitley,County Judge Project Name and Brief Tarrant County Parking Lot Description: Paving, Street Lights Project Location: 401 E. Weatherford Plat Case Number: None Plat Name: None Mapsco: <Mapsco> Council District: 9 City Project Number: 101677 CFA Number: 2018-093 DOE Number: VA City of Fort Worth,Texas OFFICIAL RECOPY Governmental Entity/ISD Community Facilities Agreement CITY SECRETARY CFA Official Release Date:09.22.2016 Page 1 of 11 F7° WORTH,�`� GOVERNMENTAL ENTITY/ISD COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. 59L013 WHEREAS, the undersigned Governmental Entity ("Developer") desires to make certain specific improvements as described below and on the exhibits attached hereto ("Improvements") related to a project generally described as Tarrant County Parking Lot ("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 II, of the Policy or by providing written certification from the Developer's Chief Financial Officer(or equivalent position regardless of title)that the Developer(governmental entity) has appropriated sufficient funds to pay its contractor for all work to be performed under this Agreement. Developer recognizes that there shall be no reduction in the any financial security held by the City until the Project has been City of Fort Worth,Texas Governmental Entity/ISD Community Facilities Agreement CFA Official Release Date:09.22.2016 CITY�k, Page 2 of 11 FT 1J16O�; completed and the City has officially accepted the Improvements. Developer further acknowledges that the said acceptance process requires the Developer's contractor(s) to submit an 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 describe the Improvements and are incorporated herein: Water (A) ❑, Sewer (A-1) ❑, Paving (B) ®, Storm Drain(B-1) ❑, Street Lights & Signs(C)x E. If there is City financial participation in the Project, the Developer shall award all contracts for the construction of the Improvements in accordance with Section II, paragraph 7 of the Policy, subject to any limitations in Texas Local Government Code Chapter 212, Subchapter, or under statutes governing Developer's award of public works contracts. The contracts for the construction of the public infrastructure shall be administered in conformance with paragraph 8, Section Il, 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 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 City of Fort Worth,Texas Governmental Entity/ISD Community Facilities Agreement CFA Official Release Date: 09.22.2016 Page 3 of 11 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 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. J. [Intentionally omitted] City of Fort Worth,Texas Governmental Entity/ISD Community Facilities Agreement CFA Official Release Date: 09.22.2016 Page 4 of 11 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. [Intentionally omitted] 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 iniuries, death or damages are caused, in whole or in part, by the alleged ne,alikence 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 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. City of Fort Worth,Texas Governmental Entity/ISD Community Facilities Agreement CFA Official Release Date: 09.22.2016 Page 5 of 11 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 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. Q. Developer acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not boycott Israel; and(2) will not boycott Israel during the term of the contract. City of Fort Worth,Texas Governmental Entity/ISD Community Facilities Agreement CFA Official Release Date: 09.22.2016 Page 6of11 R. IMMIGRATION AND NATIONALITY ACT Developer shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Developer shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Developer shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Developer employee who is not legally eligible to perform such services. City, upon written notice to Developer, shall have the right to immediately terminate this Agreement for violations of this provision by Developer. City of Fort Worth,Texas Governmental Entity/ISD Community Facilities Agreement CFA Official Release Date: 09.22.2016 Page 7 of 11 Cost Summary Sheet Project Name: Tarrant County Parking Lot CFA No.: 2018-093 CP No.: 101677 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 $ 2.Sewer Construction $ Water and Sewer Construction Total $ - B. TPW Construction 1.Street $ 115,660.00 2.Storm Drain $ - 3.Street Lights Installed by Developer $ 151,199.00 TPW Construction Cost Total $ 266,859.00 Total Construction Cost(excluding the fees): $ 266,859.00 Construction Fees: C. Water/Sewer Inspection Fee(2%) $ - D. Water/Sewer Material Testing Fee(2%) $ - Sub-Total for Water Construction Fees $ - E. TPW Inspection Fee(4%) $ 4,626.40 F. TPW Material Testing(2%) $ 2,313.20 G. Street Light Inspsection Cost $ 6,047.96 H. Street Signs Installation Cost $ - Sub-Total for TPW Construction Fees $ 12,987.56 Total Construction Fees: $ 12,987.56 Choice Financial Guarantee Options,choose one Amount Bond=100% $ 266,859.00 Completion Agreement=100%/Holds Plat $ 266,859.00 Cash Escrow Water/Sanitary Sewer=125% $ - Cash Escrow Paving/Storm Drain=125% $ 333,573.75 Letter of Credit=125%w/2yr expiration period $ 333,573.75 Statement of Appropriated Fundin For Governmental Entit ASDs ONLY) x City of Fort Worth,Texas Governmental Entity/ISD Community Facilities Agreement CFA Official Release Date: 09.22.2016 Page 8of11 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 DEVELOPER Tarrant County 164 Let Name: B.GlenS Whitley Assistant City Manager Title: County Judge Date: Date: ly�" Recommended by: Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and Evelyn Roberts/Jennifer Ezer:nace administration of this contract, including Project Assistantsurfing all performance and reporting Planning and Development re uirements. fnie M les tle: De elopment Manager Approved as to Form & Legality: Ric ar A. McCracken ®R Assistant City Attorney ATTEST: M&C No. PJIA- Date: Mary J. er/ onald Gonzales.,T�(P� City Secretary/Assistant City Secre Certification of Funds Available for the Amraom :Y' 2 W7.54 3 City of Fort Worth, Texas S.RENEE TIDWELL,CPA Governmental Entity/ISD Community Facilities Agreement COUNTY AUDITOR. OFFICIAL REC®RD CFA Official Release Date: 09.22.2016 Page 9 of 11 CITY SECRETARY FT. WORTH,TX Check items associated with the project being undertaken; checked items must be included as Attachments to this Agreement Included Attachment ® Attachment 1 -Changes to Standard Community Facilities Agreement ® Location Map ❑ Exhibit A: Water Improvements ❑ Water Cost Estimate ❑ Exhibit A-1: Sewer Improvements ❑ Sewer Cost Estimate ® Exhibit B: Paving Improvements ® Paving Cost Estimate ❑ Exhibit 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 Governmental Entity/ISD Community Facilities Agreement CFA Official Release Date:09.22.2016 Page 10 of 11 ATTACHMENT"1" Changes to Standard Agreement Governmental Entity/ISD Community Facilities Agreement City Project No. 101677 None City of Fort Worth,Texas Govemmental Entity/ISD Community Facilities Agreement CFA Official Release Date:09.22.2016 Page 11 of 11 Bid Prices 11-12-18 Baird,Hampton&Brown,Inc. 11/12/2018 6300 Ridglea Place,Ste 700, Fort Worth,Tx 76116 Tel 338-1277,Fax 338-9245 New Parking Lot for Tarrant County Block 15,Original Town of Fort Worth in the Fort Worth,Texas Paving Improvements No. Quantity Unit Item Description Unit Price Total Amount Reliable Paving,Inc. 1 6921 SF 0241.0100 Remove Sidewalk 2 6921 SF 3213.0301 4"Conc Sidewalk 3 320 LF 3216.0102 7"Conc Curb and Gutter 4 2 MO 3471.0001 Traffic Control 5 1 LS Erosion Control Paving Improvement Lump Sum Bid $115,660.00 Street Lighting Improvements No. Quantity Unit Item Description Unit Price Total Amount Bean Electrical,Inc. Division 26-Electrical 1 740 LF 2605.3015 2"CONDT PVC SCH 80(T) 2 55 LF 2605.3016 2"CONDT PVC SCH 80(B) Division 34-Transportation 3 2220 LF 3441.1410 NO 10 Insulated Elec Condr 4 16 EA 3441.3303 Rdwy Ilium Foundation TY 7 3441.3037 Furnish/Install 10'-14'Washington Standard 5 16 EA Light Pole&Fixture LED 3441.1771 Furnish/Install 120-240 Volt Single Phase 6 1 EA Metered Pedestal 7 6 EA 3441.1502 Ground Box Type B,w/Apron Street Lighting Improvement Lump Sum Bid $151,199.00 Project Total $266,859.00 1 of 1 � II old • ,� � � �� I��' � • �� 'tet INN iii■��, IS MOVIE Imm-'mmmmm��w�ehe®�,ieme�rra�sl��:,r..— -� '� �pll■� owndYr . \IIno m misimmu �•!♦moi.■■■W ■E■�y El MCI Imp .\ ` ��•�■Q ■ Ili �� „r �� I♦�♦ ♦�I ♦ �' '�► `�,��,;.-tri Ike . ♦ ♦ . , � o NEW SIDEWALK - -4hP�-c- GRAPH C i9u�—FT 541 _ — G 1 N 5-41' 9`€Y.Gti EL=51$. ' .4 — v F' — N EW SIDEWALK Z 0 EX. DRIVE APP. go T M tl NEW SIDEWALK { EX. DRIVE APP. L ' — NEW SIDEWALK ---- I EAST WEATHERFORD STREET --------------- t 9 9 I EXHIBIT NEW SIDEWALKS F o Baird, Hampton do Brown, Inc. TARRANT COUNTY PARKING LOT &W NOW PAM SbL 0 700 FIL EngTX ineering;gF9981r To-Surveying 4a rv�g BLOCK 15 ORIGINAL TOWN OF FORT WORTH FIRM REGISTRATION NO: F-000044/TWU FTW FIRM 10011300/TBPLS GV FIRM 10011302 APRIL,2018 i f R NEW STREET LIGHTS ------------------ NEW STREET LIGHTS 2 o . SEEMS*_* . _ -< T m 1 NEW STREET LIGHTS m S 4• °• f NEW STREET LIGHTS TBiA i NEW STREET LIGHTS EAST WEATHERFORD STREET I EXHIBIT NEW STREET LIGHTS o Q Baird, Hampton & Brown, Inc. TARRANT COUNTY PARKING LOT L a f� Engineering & Surveying &W Poagaa afar,Sh.700 R flat Tx 76116 rd{817)338-1277 Fm4e1MR—M45 Ecom BLOCK 15 ORIGINAL TOWN OF FORT WORTH FIRM REG6iRAilON NO: F-000044/TBPLS F1W FIRM 10011300/TBPLS GV FIRM 10011302 _.�,_�..._„,,.,_ .,,_�.�•� _ APRIL,2018