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HomeMy WebLinkAboutContract 42981 (2)COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § COUNTY OF TARRANT City Secretary Contract No. gags f WHEREAS, the undersigned "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, a home -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 Information: Developer Company Name: Great Dane Holding, LLC Authorized Signatory: Dusty Renfro Title: Project Name: Hulen St. at Diaz Ave. Traffic Signal Improvements Project Location: Intersection of Hulen St. at Diaz Ave. Additional Streets: N/A Plat Case No.: FS-010-123 Plat Name: Chamberlin Arlington Heights Mapsco: 75 CFA: 2012-003 DOE: 6785 To be completed by to Received by:t..2e Council District: 9 City Project No: 01845 Date: NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: For and in consideration of the covenants and conditions contained herein, the City and the 1 03-09-1 2 A 1 O .2,_ OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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 the contractor 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) Sewer (A-1) , Paving (B) , Storm Drain (B-1) , Traffic Signals (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 administered in conformance with paragraph 8, Section II, of the Policy. Combined CFA final Sept 12, 2008 2 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. 3 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 maths 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 adjustiuent of the required utilities to serve the development or to construct the improvements required 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. 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 Combined CFA final Sept 12, 2008 4 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 negligence of the City of ,Fort Worth. its officers. servafzts. 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 icem servrints. 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 and delivered to the City an indemnity agreement from such contractors on a form to be promulgated by the City. N. Upon completion of all work associated with the 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. 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 5 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. The City's obligation to participate (exclusive of front foot charges) in the cost of the community facilities shall terminate if the facilities are not completed within two (2) years; provided, however, if construction of the community facilities has started within the two year period, the developer may request that the CFA be extended for one year. If the community facilities 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 fmancial guarantee submitted for this Agreement to cause the completion of the construction of the community facilities if at the end of two (2) years from the date of this Agreement the community facilities 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 community facilities 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 Combined CFA final Sept 12, 2008 6 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. Cost Summary Sheet Project Name: Hulen St. at Diaz Ave. Traffic Signal Improvements CFA No.: 2012-003 DOE No.: 6785 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. toms Wale and Uwe t In cI r It. Waioi CiardittiasOrs 2. &i Gtistitin Waive OW See ttin k;tit-4: TPW Construtittr I. Sflort 2. 3 y.ctm Grant 3. Try: Sisal TPW Cesraireuetioo C.at Sub -Toby Total Construction Cast (exctuatrtta It* Seo* Devo+op er- Cott .vs trues Feet; - C- ViiiiatiStrorsi Itisp ctfors Foo12%) 3 f9 Wstir'Sffiaw PJ. rn l Tooling Fos (2%) $ e#r-704.t or War ( nstnitttn Ft E TRW b sii pnttiort Fete (4%) F. Tri'r' M.Ilnt:at Timing pigri 1. IMar: 4,itr t.rns.jl fn - - $ f,weis :te' 11 s trMt Signs installation Cott Sub- Tola, fctw TPW Consteuctstin Foes S 7.025 32 175,643 00 175.633.00 • MP Tn z$ Condrtiction Fit*: $ 7,025 12 Che tce t• t oA.►tc I.i, Ch A►r#n IWO C4tI`O 17 t. •: 1 na ye on* A Kati rrt IV* e H - t t $ t 75.633.00 1 CarOallon Aurooment ^ f o%.1 Holds PIM S 175. .4?0 Cash Escrow WatoriSaritart S.cw4ra 12S% S - Cah+ Escro w Par lntoi3tcv'i Nal!, 11 129% $ 211.541.25 bitter el Ctiodti .. 125% wily Oxisraiiliton niesod $ 210,541.25 Combined CFA final Sept 12, 2008 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 Developer has executed this instrument in quadruplicate, at Fort Worth, Texas this` day of et_c � . 20 \tom-- . CITY OF FORT WORTH - Recommended by: Water Department Tysansportation & Public Works Department Wendy Chi-Babulal, EMBA, P.E. Approved as to Form & Legality: O�c Douglas W. Black Assistant City Attorn M&C No. Air/LC, f Date: ATTEStr: jet\ tnatilt- Mary 1. Kayser City Secretary ATTEST: Signature (Print) Name: Manager • Dougl 0 W. Wier ig, Approved by City Manager 's Fernando Costa Assistant City Manager Arc OfitiCiko 0,010°°"°00 4'tz °;00000°° °OP 0 IS a o n� Al ktatiatict Great Dane Holdings, LLC 9 Signature Print Name: Dusty Renfro Title: Pret-,2t den - OFFICIAL RECORD 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 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: Traffic Signal Improvements Traffic Signal Estimate (Remainder of Page Intentionally Left Blank) Combined CFA final Sept 12, 2008 10 Kimley-Horn and Associates, Inc. Client: Great Dane Holdings, LLC Project: Hulen Street at Diaz Avenue Traffic Signal KHA No.: 061275801 _ `Title: Hulen Street at Diaz Avenue Traffic Signal Item No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Bid Item No. 0241.0100 0241.0300 2605.0111 2605.3011 2605.3012 2605.3014 2605.3021 2605.3022 3213.0302 3213.0512 3217.0002 3217.0301 3217.0501 3217.4307 3441.1001 3441.1011 3441.1021 3441.1202 3441.1207 3441.1311 3441.1314 3441.1315 3441.1403 3441.1408 3441.1409 3441.1414 3441.1502 3441.1503 3441.1611 3441.1612 3441.1613 3441.1614 3441.1623 3441.1624 3441.1703 3441.1704 3441.1711 3441.1722 3441.4001 3441.4003 3471.0001 N/A Item Description Remove Sidewalk Remove ADA Ramp ELEC SERV PED 2" CONDT PVC SCH 40 (T) 2" CONDT PVC SCH 40 (B) 2" CONDT RM (Riser) 3" CONDT PVC SCH 40 (T) 3" CONDT PVC SCH 40 (B) 5" Conc Sidewalk 5' Barrier Free Ramp, Type B 4" SLD Pvmt Marking HAS (Y) 12" SLD Pvmt Marking HAE (W) 24" SLD Pvmt Marking HAE (W) Remove Raised Marker 3-Sect Signal Head Assmbly Ped Signal Head Assmbly 2" Ped Push BTN Station W/ Sign (SIG Pole) Furnish/Install Radar Advance Detect System Furnish/Install Emergency Vehicle Preemption System 5/C 14 AWG Multi -Conductor Cable 10/C 14 AWG Multi -Conductor Cable 20/C 14 AWG Multi -Conductor Cable NO 6 Triplex OH insulated Elec Condr NO 6 Insulated Elec Condr NO 8 Insulated Elec Condr NO 8 Bare Elec Condr Ground Box, Small, w/ Lid Apron Ground Box, Large, w/ Lid Apron Furnish/Install Type 41 Signal Pole Furnish/Install Type 42 Signal Pole Furnish/Install Type 43 Signal Pole Furnish/Install Type 44 Signal Pole Furnish/Install Mast Arm 16' - 36' Furnish/Install Mast Arm 40' - 48' TY 3 Signal Foundation TY 4 Signal Foundation Signal Cabinet Foundation Furnish/Install Controller & Cabinet, Ground MNT Furnish/Install Alum Sign Mast Arm Mount Furnish/Install Alum Sign Ground Mount City Std. Traffic Control Install Flashing Beacon Mast Arm Assembly Basis for Cost Projection: No Design Completed Preliminary Design Final Design This total does not reflect engineering or technical services. Opinion of Probable Construction Cost Total Quantity 30 40 1 75 555 20 105 295 30 8 100 420 107 67 10 8 8 1 1 515 0 435 240 675 230 295 2 5 1 2 1 1 3 2 4 2 1 1 10 2 3 1 Total: Unit SY SY EA LF LF LF LF LF SY EA LF LF LF EA EA EA EA EA LS LF LF LF LF LF LF LF EA EA EA EA EA EA EA EA EA EA EA EA EA EA MO EA Material Price 25,369.58 4,032.16 3,057.19 2,920.16 3,531 25 3,289.97 953.78 1,511.70 11,477.91 517.50 230.00 1 -I 3,873.92 1 Date: 1/23/2012 Prepared By: MEC Checked By: SRA Sheet 1 of 1 0 Unit Price Item Cost $7.85 $40.35 $4,500.00I $4.75 $13.501 $16.35 $8.20 $21.501 $46.801 $1,150.00l $0.40 $2.651 $5.45 $0.80 $725.00I $600.001 $250.00 $1,000.00 $1,000.001 $1.30 $2.25 $3.501 $2.00 $1.501 $1.25 $1.00 $550.0011 $650.001) $750.0011 $750.001 $750.001I $750.0011 $500.001 $500.00 $2,500.00 $2,750.001 $1,500.00 $1,000.00 $400.001 $455.001 $2,500.00j $2,150.00I $235.50 $1,614.00 $4,500.00 $356.25 $7,492.50 $327.00 $861.00 $6,342.50 $1,404.00 $9,200.00 $40.00 $1,113.00 $580.43 $53.60 $7,250.00. $4,800.00I $2,000.00 $261369.58 $5,032.16 $669.50 $0.00 $1,522.50 $480.00 $1,012.50 $287.50 $295.00 $1,120.00 $3,250.00 $3,807.19 $7,340,31 $4,281.25 $4,039.97 $4,361.34 $4,023.40 $10,000.00 $5,500.00 $1,500.00 $12,477.91 $9,175.00 $1,370.00 $7,500.00 $6,023.92 $175,633) The Engineer has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions. Opinions of probable costs provided herein are based on the information known to Engineer at this time and represent only the Engineer's judgment as a design professional familiar with the construction industry. The Engineer cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable costs. I3RUCE LOCKE 0) 0 CURZON 17 w J 0_ GEDDES Lake Como Park w _J --w z w w w J z w c 3J� z J D m w z z PROJECT < LOCATION DIAZ >- w HOUGHTON z w VI/ELESLEy FLETCHER BONNELL IPS ILPATRICK Collet w J Q O N.T.S. I PER: BIRC 4 2 CALI 1/ /T tr w 0 1- -W CL 0 Z w V) w z w -J 3 o z z 0 0 w cC Q � z 0 w cC 1 CALMONt HILLCREST `Y o LOCKE z LOVEI L Q CURZON DONNELLEY Z ,�' GEDDES nz w VICINITY MAP EXHIBIT HULEN STREET AT DIAZ AVENUE i \.0/1 ""J. u u 0 ( Itoraticarm weihricuoi 2f1N2AV Zdla lb' 1.23HIS N91f1H 1`dld aSa2J0032:1 1VNId ,44v0100 'JNIA7Ab05 081:0011/V tlT :ram, i ,'�zir: ,_ .....-.....�i { 4. ..`.w. `,,,k ', 14444 hi .. nro..t l7.Cl .4444 `m .,i„ I / ,'p,,�'' M1 1174r34v t\ 1......«., 1 (:; ' 1 "iiir at* ii I ., ,.04. an.NB.fa atacta:, Pi HY M40) 101 • .s a.ac.Mcpw _ 1.44r+.1;a.1v, •Oi na 43•••••0149141 • -3-CI 10 -li-i1•� t10' f&s • a" Dona t - a tit Icri . • / C • o• 0 r.l • dvn n0av3O1 .4• °t:'C._:i • J BETSY PRICE MAYOR T.M. HIGGINS CITY MANAGER DOUGLAS W. WIERSIG, P.E. DIRECTOR, TRANSPORTATION AND PUBLIC WORKS DEPARTMENT S. FRANK CRUMB, P.E. DIRECTOR, WATER DEPARTMENT D.O.E. NO. CITY PROJECT NO. FILE NO, 6785 01845 K-2208 THE CITY OF FORT WORTH, TEXAS PLANS FOR THE CONSTRUCTION OF TRAFFIC SIGNAL IMPROVEMENTS TO SERVE DIAZ AVENUE AT HULEN STREET PROJECT INTERSECTION I I LOI;KE I1 0 CURZON t=w rT L J -4 0- w \ � GE4)DES \Z DIAZ X Z w J DONNELL III >- I3.1 HOUGHTON z WELLEsLEyY FLE-CHER BONNELL I VILPATRICK LOCATION MAP N.TS, MAPSCO NO.: 75 01 LOCK LOVEIL 5 4 CURZI)N COUNCIL DISTRICT: 9 - JOEL BURNS OWNED/DEVELOPED BY: GREAT DANE HOLDINGS, LLC 2600 SUZANNE TRAIL HUDSON OAKS, TEXAS 76087 PHONE NO.: 817-528-3564 ES n wl PREPARED BY: cc Tlir5 Da0V«TNT IS INc0MPLETE AND 5 RELEASED 1EMPOHARILY FOR OPTIMA RENEW ONLY IT 5 Not INTENDED FOR C0951Ruc10N, BIODNG, OR PLRYIT PURPOSES SCDTT R ARNOLO P E SAL NO 96782 DATE: JANUARY 2012 KIMLEY-HORN AND ASSOCIATES, INC. TEXAS BOARD OF PROFESSIONAL ENGINEERS REGISTRATION NO.928 801 CHERRY STREET, UNIT 11, SUITE 950 FORT WORTH, TEXAS 76102 PHONE NO.: 817335-6511 FAX NO.: 817-3355070 January; 2012 SHEET INDEX SHEET NO. DESCRIPTION 1 COVER SHEET 2 FINAL PUAT 3 ESTNMTE SUIMARY A GENERAL TRAFFIC SIGNAL NOTES - SHEET 1 OF 5 GENERAL TRAFFIC SIGNAL NOTES- SHEET 2OF2 6 EXISTING CONDITIONS AD REMOVALS LAYOUT 7 LRA FIC SIGNAL DESIGN LAYOUT 6 LRAFFIG SIGNAL DE SXN CHARTS 9 slf,Ns ANDAm:ANGs REMOVALS LAYOUT 10 91CNE ANOW.NN44 GAMUT 11 SIDEWALK AND RAMPLAYOUT 12 ELECTRICAL SERVICE DETALS 13 ELECTRICAL SERVIM DETALS PEDESTAL SERVICE 14 GROUND BOX AND DETECTOR DETALS 15 MSCELLAMEOLS TRAFFC SIGNAL DETALS 16 TRAFFIC SIGNAL POLE FOUMIATON DETALS 17 TYPE 170 PAINT" NSTALLATON DETALS b ARNGtont.C*ONS DETALS 19 TRAFFIC CONTROL PLAN OETAIS - SHEET 10F2 20 TRP$FC CONTROL PLAN OETNLS- SHEET 20F2 21 SIDEWAY RANP DETNS 22 TWKJL PAVEPENT MARKINGS -SHEET 1 DF 1 23 TYPICAL PAVEMENT MARKINGS • SHEET2 OF 3 24 TWICAL PAVELENT MARKINGS -SHEET 3OF3 DOUGLAS W. WIERSIG, P.E. DATE: DIRECTOR, TRANSPORTATION AND PUBLIC WORKS RECOMMENDED PROGRAM MANAGER REVIEWED: PROJECT MANAGER DATE: DATE: HOUGHTON AVE DETAIL A SW CORNER HULEN ST. POSTED SPEEO• IS MPH 3400 0. ROW ROW DETAIL A SE CORNER >It DETAIL A NW CORNER ROW ROW GRAPHIC SCALE IN FEET 0 50 100 200 HULEN ST. POSTED SPEED: 35 MPH 3100 SLR DETAIL A NE CORNER PROJECT SPECIFIC EXHIBIT HULEN STREET AT DIAZ AVENUE CJ:011 ardNeockike, W. 1