Loading...
HomeMy WebLinkAboutContract 40607GOVERNMENTAL ENTITY COMMUNITY FACII.ITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. GO WHEREAS, the undersigned Governmental Entity, "Developer" desires to make certain improvements (refer to the name of the project at the bottom of the page) an addition to the City of Fort Worth, Texas; and WHEREAS, the said Developer has requested the City of Fort Worth, ahome-rule municipal corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas, hereinafter called "City", to do certain work in connection with said improvements. Developer: Name: James M. Oliver Title: General Manager Company: Tarrant Regional Water District Project Name: Rogers Road Pavilion — Riverfront Addition Project Location: Streets: South East Corner of Rogers Road &Riverfront Drive Mapsco: 76N Council 1 Ol-27-1 0 Pil�:'0 I i� CFA: 2009-061 DOE: 6407 NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: City Project No.: 014 /0 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 and subsequently amended from time to time via a Mayor and Council Communication adopted by the City Council of the City of Fort Worth, is hereby incorporated into this Community Facilities Agreement ("CFA") 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 completed and the City has officially accepted the infrastructure. Developer further acknowledges that said process requires it 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 the sub -contractor and suppliers in full. Additionally, the contractor will provide in writing that the contractor has been paid in full 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)X; Storm Drain (B-1)X; Street Lights &Signs (C)X E. The Developer shall award all contracts for the construction of community facilities in accordance with Section II, paragraph 7 of the Policy and the contracts for the construction of the public infrastructure shall be 2 administered in conformance with paragraph 8, Section II, of the Policy. F. For all infrastructure 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. 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 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 3 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. I -I. City is requiring the widening and/or straightening of the City road(s) contemplated herein. City shall not be responsible for any costs that may be incurred for the relocation of any utilities that are or may be in conflict with any of the community facilities to be installed hereunder. I. Developer agrees that the City shall not be responsible for any inadequacies in the preliminary plans, specifications and cost estimates supplied by the Developer for this Agreement and hereby releases the City from same. J. 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. K. Developer will 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 damazes are caused, in whole or in part, by the alleged neErlieence of the ON 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 and shall cause to be executed 4 and delivered to the City an indemnity agreement from such contractors on a form to be promulgated by the City. L. Upon completion of all work associated with Lite construction of the infrastructure and 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. M. 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. 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. Cost Summary Sheet Project Name: Rogers Road Pavilion — Riverfront Addition CFA No.: 2009-061 DOE No.: 6407 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 TPW Construction Cost Sub -Total Total Construction Cost (excluding the fees): 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%) F. TPW Material Testing (2%) G. Street Light Inspsection Cost H. Street Signs Installation Cost Sub -Total for TPW Construction Fees Total Construction Fees: Financial Guarantee Ootions. choose one Developer's Cost $ 13,971.00 $ 91262,00 $ 23,223.00 $ 28,932.50 $ 241073,00 $ 3%435.00 $ 92,440.50 $ 115,663.50 $ 464.46 $ 464.46 $ 928,92 $ 2,120.22 $ 1,060.11 $ 10577.40 $ 4,757.73 $ 5,686.65 Choice Amount (ck one) Bond = 100% $ 115,663.50 Com letion A reement = 100% /Holds Plat $ 115,663.50 Cash Escrow Water/Sanitary Sewer- 125% $ 29,028.75 Cash Escrow Paving/Storm Drain r= 125% $ 115,550,63 Letter of Credit = 125% w/2 r expiration period $ 144,579,38 J The Checked Must be Included as Attachments to this Agreement Included Attachment ® Location Map ® Exhibit A: Water Improvements ® Water Estimate ® Exhibit Awl: 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) 7 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 rraa�ffxed, and said Developer has executed this instrument in fii quadruplicate, at Fort Worth, Texas this of Dom~ day of , 2010. CITY OF FORT WORTH Fernando Costa Assistant City Manager Recommended by: Transportation &Public Works Department William A. V rkest, P. . Director Water Department ��jf U� Wendy Chi- �a ulal, EMBA, P.E. Water Development Engineering Manager Approved as to Form &Legality: n Amy J. Ramsey Assistant City Attorney ATTEST: City Secretary DEVELOPER Manager District OFFICIAL RECORD CITY SECRETARY FT WORTH, TX I 0 r Q •ua uisC3n11vn s Loa ui Q �a � w l.i..! o % CD co oV) 0 g N �r dvm Snow W Q p 50 oopz m W Z i �o ui 'NO AIISUMNn 'S j l i: r z QD Xx W ZS�S AAA N t 11 ;.f. a AAANAA CL U Z r ® �W w N '� Q.. t` ;p W 0 n' g co 12 A DD A (,$L x3 C N rLLJ We O w V 44 • O w , . A-. a o3 o av m N �. iL14 A AVIV *A MWI Its U �� kip Y N Q 04 a N Z m ° z C7 a w 04 J ^ � M 04 a� � Q O CL ow fi Q Q2; ^ �® W aa� w :•.., . W� C�Mo g� a CL p' E /L v H OVW SN30O 1 4* c 8 M W fi¢ U 1 cr A y I LLI 0 0 x kM r v W / ~a _—_ zM ~ =T -coif = pa Lu ply z z V) 8� _r F�1 i� • Qt10� S� Opinion of Probable Cost DATE: 5/13/2010 1 JOB NO.: 2009.132.001 OWNER: TARRANT REGIONAL WATER DISTRICT PROJECT: RIVERFRONT ADDITION: COST SUMMARY ITEM NO. DESCRIPTION TOTAL OTY. UNIT UNIT PRICE COST DEVELOPER COST 1 Water Lines (Exhibit A) $13,971000 2 Sanitary Sewer (Exhibit A1) $9,252.00 3 Streets (Exhibit B) $28,932.50 4 Storm Drain (Exhibit B1) $24,073900 5 Street Lights and Street Signs (Exhibit C) $39,435000 TOTAL DEVELOPER COST $115,663*50 CITY COST 1 Water Lines $0.00 2 Sanitary Sewer $0.00 3 Streets (Exhibit B) $0.00 4 Storm Drain $0.00 5 Street Lights and Street Signs (Exhibit C) $0.00 TOTAL CITY COST $0.00 PROJECT TOTAL $115,663*50 PREPARED: TS CHECKED BY: SHEET NO.: 1 Opinion of Probable Cost DATE: 5/13/201 O 1JOB No.: 2009.132.001 OWNER: TARRANT REGIONAL WATER DISTRICT PROJECT: RIVERFRONT ADDITION: EXHIBIT A - WATER ITEM NO. DESCRIPTION TOTAL QTY. UNIT UNIT PRICE COST DEVELOPER COST 1 Saw -cut, remove, & replace asphalt pavement 490 SF 10.00 $4,900600 2 Traffic control measures 1 LS 750.00 $750.00 3 Erosion control measures 1 LS 750.00 $750.00 4 Trench safety 102 LF 1.00 $102.00 5 1" Irrigation Service Line 12 LF 12.00 $144.00 6 2" Domestic Service Line 54 LF 15.00 $810.00 7 8" PVC fire line 45 LF 25.00 $1,125.00 8 6' Gate valve w/box & lid 1 EA 750.00 $750.00 9 8" Gate Valve w/box & lid 1 EA 800.00 $800.00 10 Water Service tap 2 EA 500.00 $1,000800 11 Install water meter box 2 EA 250.00 $500.00 12 1" Irrigation Meter w/Class A meter box/lid 1 EA 850.00 $850wOO 13 1-1 /2" Dom. Meter w/Class B meter box/lid 1 EA 1/000000 $1,000000 14 Install crushed limestone base 490 SF 1.00 $490000 TOTAL DEVELOPER COST $13,971.00 PREPARED: TS CHECKED BY: SHEET NO.: 2 6300 Ridglea Place, Ste 700 Fort Worth, Texas 76116 Tel: 817-338-1277 Fax: 817-338-9245 E-Mail: mail@bhbinc.com Opinion of Probable Cost DATE: 5/13/2010 1JOB NO.: 2009.132.001 OWNER: TARRANT REGIONAL WATER DISTRICT PROJECT: RIVERFRONT ADDITION: EXHIBIT Al -SEWER ITEM NO. DESCRIPTION TOTAL QTY, UNIT UNIT PRICE COST DEVELOPER COST 1 Saw -cut, remove, & replace asphalt pavement 225 SF 10.00 $2,250000 2 Traffic control measures 1 LS 750.00 $750.00 3 Erosion control measures 1 LS 250.00 $250900 4 Trench safety 10 LY 3.00 $30.00 5 6' DIP SS line service w/Protecto 401 81 LF 37.00 $2,997.00 6 Connect to (core) ex. N dia. SSMH 1 LS 2,500.00 $2,500.00 7 Construct SS Clean -out 1 EA 250.00 $250.00 8 Install cruched limestone base 225 SF 1.00 $225.00 TOTAL DEVELOPER COST $91252.00 PREPARED: TS CHECKED BY: SHEET NO.: 3 6300 Ridglea Place, Ste 700 Fort Worth, Texas 76116 Tel: 817-338-1277 Fax: 817-338-9245 E-Mail: mail@bhbinc.com Opinion of Probable Cost DATE: 5/13/2010 1JOB NO.: 2009.132.001 OWNER: TARRANT REGIONAL WATER DISTRICT PROJECT: RIVERFRONT ADDITION: EXHIBIT B - STREETS ITEM NO. DESCRIPTION TOTAL QTY, UNIT UNIT PRICE COST DEVELOPER COST 1 saw -cut and remove ex. curb & gutter 385 LF 2.50 $962.50 2 Traffic control measures 1 LS 500.00 $500.00 3 Erosion control measures 1 LS 250.00 $250.00 4 Unclassified excavation 200 CY 6.00 $1,200.00 5 lime or cement subgrade stabilization 595 SY 3.00 $1,785.00 6 Lime or cement for stabilization 10 TON 110.00 $1,100800 7 4' Concrete Sidewalk 290 LF 15.00 $4,350.00 8 7" reinforced concrete drive 40 SY 27.00 $1,080400 9 7" reinforced concrete head -in parking 565 SY 27.00 $15,255.00 10 7" attached concrete curb 700 LF 2.00 $11400.00 11 Sidewalk ramp 3 EA 350.00 $1,050.00 TOTAL DEVELOPER COST $28,932.50 PREPARED: TS CHECKED BY: SHEET NO.: 4 6300 Ridglea Place, Ste 700 Fort Worth, Texas 76116 Tel: 817-338-1277 Fax: 817-338-9245 E-Mail: mail@bhbinc.com Opinion of Probable Cost DATE: 5/13/2010 1JOB NO.: 2009*132.001 OWNER: TARRANT REGIONAL WATER DISTRICT PROJECT: RIVERFRONT ADDITION. EXHIBIT B1 - STORM DRAIN ITEM NO. DESCRIPTION TOTAL QTY. UNIT UNIT PRICE COST DEVELOPER COST 1 Erosion control measures 1 LS 250.00 $250.00 2 Trench safety 185 LY 3.00 $555.00 3 Remove ex. 36" RCP SD 131 LF 8.00 $1,048.00 4 Trench excavation and backfill for SD 250 CY 3.00 $750.00 5 4' Square SDMH 2 EA 2,500.00 $5,000900 6 36" RCP 182 LF 85.00 $15,470.00 7 Connect to ex. 36" RCP SD 2 EA 500.00 $1,000600 TOTAL DEVELOPER COST $24,073.00 PREPARED: TS CHECKED BY: SHEET NO.: 5 6300 Ridglea Place, Ste 700 Fort Worth, Texas 76116 Tel: 817-338-1277 Fax: 817-338-9245 E-Mail: mail@bhbinc.com Opinion of Probable Cost DATE: 5/13/2010 1JOB No.: 2009.132.001 OWNER: TARRANT REGIONAL WATER DISTRICT PROJECT: RIVERFRONT ADDITION: EXHIBIT C - STREET LIGHTS ITEM NO. DESCRIPTION TOTAL QTY. UNIT UNIT PRICE COST DEVELOPER COST 1 Light Pole 4 Ea. 3,500.00 $14,000.00 2 pole foundation 4 Ea. 1/000000 $4,000600 3 2" schedule 40 PVC 705 LF 27.00 $191035.00 4 hand hole/utility box 2 Ea. 500.00 $1,000800 10% CONTINGENCY FOR LIGHTS $1,400600 SUBTOTAL DEVELOPER COST $39,435000 PREPARED: TS CHECKED BY: SHEET NO.: 6 6300 Ridglea Place, Ste 700 Fort Worth, Texas 76116 Tel: 817-338-1277 Fax: 817-338-9245 E-Mail: mail@bhbinc.com