HomeMy WebLinkAboutContract 43811 (2)COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract Na L� >>)( )
WHEREAS, the undersigned Developer ("Developer") desires to make certain
improvements ("Improvements") related to a project as described below ("Project"), an
addition to the City of Fort Worth, Texas ("City"); and
WHEREAS, the Developer and the City desire to enter into this "Agreement" in
connection with the Improvements.
Developer Information:
Developer Company Name: Cook Children's Medical Center
Address, State, Zip Code: 750 Eighth Avenue, 6th Floor
Phone, E-Mail: (682) 885-1614 I george.montague@cookchildrens.org
Authorized Signatory/Title: George Montague, Vice President of Real Estate
Project Name: W. Rosedale St. Traffic Signal at 7th Ave (Rosedale Office Building)
Project Location: West Rosedale St. at Seventh Avenue
Plat Case No.: FS-011-151 Plat Name: Rosedale Office Building, Eighth Ave. to Seventh Ave.
Mapsco: 76L Council District: 9 City Project No: 01900
CFA: 2012-036 DOE: 6832
To be completed by staff
Received by:
OFFICIAL RECORD
CITY SECRE
FT; woaTh, TX
•
Date: KV in ) I 3,
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
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 perfo.uiiance 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) ___ i Paving (B) , Storm Drain (B-1) , Street Lights & Signs (C,
CA)_, Traffic Signals (C-2) 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.
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 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.
H. Developer shall cause the installation or adjustment 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 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. 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 negligence 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 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
developer's share of the total construction cost as stated in the construction
contract.
ii. Developer shall pay in cash paving and stolid 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 financial 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 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
supphes 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)
Cost Summary Sheet
Project Name: W. Rosedale St. Traffic Signal at 7th Ave (Rosedale Office Building)
CFA No.: 2012-036 DOE No.: 6832
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 $
2. Storm Drain $
3. Traffic Signals $
TPW Construction Cost Total $
Total Construction Cost (excluding the fees):
94,000.00
94,000.00
$ 94,000.00
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%) $
F. TPW Material Testing (2%) $
G. Traffic Signal Inspsection (4%) $ 3,760.00
H. Street Signs Installation Cost $
Sub -Total for TPW Construction Fees $ 3,760.00
Total Construction Fees: $ 3,760.00
Choice
Financial Guarantee Options, choose one Amount (ck one)
Bond = 100% $ 94,000.00
Completion Agreement = 100% / Holds Plat $ 94,000.00
Cash Escrow Water/Sanitary Sewer= 125% $ -
Cash Escrow Paving/Storm Drain = 125% $ 117,500.00 X
Letter of Credit = 125% w/2yr expiration period $ 117,500.00
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 o
20 I
CITY OF FORT WORTH - Recommended by:
Water Department
Ng pi -
Wendy Chi-Babulal, EMBA, P.E.
Development Engineering Manager
Approved as t• Form & Legality:
•
Douglas W. Black
Assistant City Attorney
M&C No. AdAr_
Date: /
ATTEST:
Mary J. Kays
City Secretat
ATTEST:
Transportation & Public Works Department
D,LJ
Douglas . Wiersig, P.E.
Director
Approved by City Manager's Office
Fernando Costa
Assistant City Manager
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(Print) Name: �Aerh weep/ 3 g/1qoeW
Cook Childrens Medical Center
Print Name:
Title:
OFFICIAL RECORD
CITY SECRETARY
Ft WORTHS TX
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Signature
George Montague
Vice President of Real Estate
Check items associated with the project being undertaken; checked items must be included
as Attachments to this Agreement
Included
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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
Exhibit C-2: Traffic Signal Improvements
Traffic Signal Estimate
(Remainder of Page Intentionally Left Blank)
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LOCATION MAP
NOT TO SCALE
ROSEDALE OFFICE BUILDING
DOE# 6832
FILE# K-2219
DUNAWAy
550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107
Tel: 817,335.1121 • Fax: 817.335.7437
(TX REG. F-1114)
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SDUNAWAY
550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107
Tel: 817.335.1121 • Fax: 817.335.7437
(1X REG. F-1114)
NEW A00/flON
BLOCK 6
E 63, PA( 29
P.R.T.GT.
COOK a*WRENS HEALTH
RE SYSTEM
COUNTY CR/C�S' DOCUMENT
NO. D210138274
D.R.T.C:T.
SOUTHLAND SUBDIVISION'',
BLOCK 10 OF FIFTHS KELCY
ADOIRCN
VOLUME 310, PAGE 5
P.R.T.CT.
LOT 37R, BLOC( 10
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3SEDALE STREET ° r
BLOCK1500 h
(SPEED 35 MPH)
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SUBDIVISION
BLOC( 1, LOT 14
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50' ROW
/ 110' 115' . 15'
1C'1
EXHIBIT "C2"
SIGNAL EXHIBIT
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PEDES7RAN SIGNALS (TYP.)
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0,-1 01 0 ct_
I 1 ROSEDALE STREET
-5 LBLCCK 1400
(SPEED 35 MPH)
EF. SE10ELLS
SUBOIWSON
BLOCK 1, LOT 1R1
& 4R
ROSEDALE OFFICE BUILDING
STEEL POLE & MAST ARM
SIGNAL HEAD& No.
NEMA CONTROLLER CABINET
GROUND BOX
LUMINAIRE
FIBER OPTIC CABLE
TELEPHONE CABLE
WATER UNE
9.
17 G-I
:I
I LEGEND I
FIRE HYDRANT
VEHICLE DETECTION LOOP
PEDESTRIAN SIGNAL & NO.
SIDEWALK RAMP
EXISTING CONDUIT RUN
EXISTING VIDEO DET. CAMERA
O= 0 — STEEL POLE & MAST ARM
1 - —I SIGNAL HEAD & No.
® 170 CONTROLLER CABINET
® GROUND BOX
LUMINAIRE
SIDEWAU( RAMP
( ) RADAR DETECTION AREA
PROPOSED
02
I
EX.
PHASE NUMBER
OPITCOM (2 DETECTORS)
VEHICLE DETECTION ZONE
17 ,}.J PEDESTRIAN SIGNAL & No.
RIGHT OF WAY
PROPOSED CONDUIT RUN
® LARGE GROUND BOX
�1 RADAR DETECTOR
3
ITEM
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
WORK
PERFORMED-,_
- =BY-
CONTRACTOR
CONTRACTOR
CONTRACTOR
CONTRACTOR
CONTRACTOR
CONTRACTOR
CONTRACTOR
CONTRACTOR
CONTRACTOR
CONTRACTOR
CONTRACTOR
CONTRACTOR
CONTRACTOR
CONTRACTOR
CONTRACTOR
CONTRACTOR
CONTRACTOR
CONTRACTOR
CONTRACTOR
CONTRACTOR
CONTRACTOR
CONTRACTOR
CONTRACTOR
CONTRACTOR
CONTRACTOR
CONTRACTOR
CONTRACTOR
CONTRACTOR
CONTRACTOR
CONTRACTOR
CONTRACTOR
CONTRACTOR
CONTRACTOR
CONTRACTOR
CONTRACTOR
CONTRACTOR
CONTRACTOR
CONTRACTOR
CONTRACTOR
CONTRACTOR
41 CONTRACTOR
42 CONTRACTOR
43 CONTRACTOR
44 CONTRACTOR
TOTAL •
ITEM PROVIDED_
BY
CONTRACTOR
CONTRACTOR
CONTRACTOR
CITY
CONTRACTOR
CONTRACTOR
CONTRACTOR
CONTRACTOR
CONTRACTOR
CONTRACTOR
CONTRACTOR
CONTRACTOR
CONTRACTOR
CONTRACTOR
CONTRACTOR
CONTRACTOR
CONTRACTOR
CONTRACTOR
CONTRACTOR
CONTRACTOR
CONTRACTOR
CITY
CITY
CONTRACTOR
CONTRACTOR
CONTRACTOR
CONTRACTOR
CONTRACTOR
CITY
CITY
CITY
CITY
CITY
CITY
CONTRACTOR
CONTRACTOR
CITY
CITY
CONTRACTOR
CONTRACTOR
CONTRACTOR
CONTRACTOR
CONTRACTOR
CONTRACTOR
ENGINEER'S PRELIMINARY OPINION OF PROBABLE CONSTRUCTION COST
TRAFFIC SIGNAL IMPROVEMENTS
TO SERVE ROSEDALE OFFICE BUILDING
TRAFFIC SIGNAL IMPROVEMENTS
.DESCRIPTION
REMOVE SIDEWALK
REMOVE ADA RAMP
REMOVE CONC CURB & GUTTER
ELEC SERV PED
2" CONDT PVC SCH 40 (T)
2" CONDT RM (RISER)
3" CONDT PVC SCH 40 (T)
3" CONDT PVC SCH 40 (B)
5" CONC SIDEWALK
4' BARRIER FREE RAMP, TYPE B
6" CONC CURB AND GUTTER
12" SLD PVMT MARKING HAE (W)
18" SLD PVMT MARKING HAE (W)
RAISED MARKER TY Y
REMOVE 12" PVMT MARKING
REMOVE 18" PVMT MARKING
BLOCK SOD PLACEMENT
3-SECT SIGNAL HEAD ASSMBLY
4-SECT SIGNAL HEAD ASSMBLY
PED SIGNAL HEAD ASSMBLY
ACCESSIBLE PED SIGNAL
INSTALL RADAR PRESENCE DETECT SYSTEM
INSTALL EMERGENCY VEHICLE PREEMPTION SYSTEM
20/C 14 AWG MULTI -CONDUCTOR CABLE
NO 6 INSULATED ELEC CONDR
NO 8 INSULATED ELEC CONDR
NO 8 BARE ELEC CONDR
GROUND BOX, LARGE, W/ LID APRON
INSTALL TYPE 41 SIGNAL POLE
INSTALL TYPE 42 SIGNAL POLE
INSTALL TYPE 45 SIGNAL POLE
INSTALL TYPE 46 SIGNAL POLE
INSTALL MAST ARM 16' - 36'
INSTALL MAST ARM 52' - 60'
TY 3 SIGNAL FOUNDATION
TY 5 SIGNAL FOUNDATION
INSTALL CONTROLLER & CABINET, GROUND MNT
INSTALL ALUM SIGN MAST ARM MOUNT (METRO ONLY)
INSTALL ALUM SIGN MAST ARM MOUNT
INSTALL ALUM SIGN (NO PARKING) SIGN POST AND
FOUNDATION
TRAFFIC CONTROL
REMOVE SIGNS
REMOVE SIGN WALL MOUNT ASSMBLY
REMOVE SIGN POST AND FOUNDATION
QTY-- UNIT
494 SF
2 EA
671 LF
11 EA
1251 LF
201 LF
110 LF
350 LF
341 SF
6 EA
40 LF
472 LF
97 LF
76 EA
70 LF
14 LF
990 SF
8 EA
2 EA
8 EA
8 EA
4 EA
1 LS
510 LF
260 LF
540 LF
435 LF
4 EA
1 EA
1 EA
1 EA
1 EA
2 EA
2 EA
2 EA
2 EA
1 EA
4 EA
4 EA
2
1
2
1
1
EA
LS
EA
EA
EA
RRICE
$ 9.00
$ 500.00
$ 9.00
$2,200.00
$ 8.00
$ 20.00
$ 10.00
$ 19.00
$ 15.00
$1,500.00
$ 50.00
$ 7.00
$ 10.00
$ 6.00
$ 2.00
$ 3.00
$ 2.00
$ 950.00
$1,200.00
$ 550.00
$1,000.00
$ 250.00
$ 500.00
$ 3.00
$ 1.00
$ 1.00
$ 1.00
$ 700.00
$ 500.00
$ 500.00
$ 500.00
$ 500.00
$ 500.00
$ 500.00
$2,450.00
$2,650.00
$4,650.00
$ 150.00
$ 200.00
$ 700.00
$2,054.00
$ 100.00
$ 100.00
$ 125.00
AMOUNT
$ 4,446.00
$ 1,000.00
$ 603.00
$ 2,200.00
$ 1,000.00
$ 400.00
$ 1,100.00
$ 6,650.00
$ 5,115.00
$ 9,000.00
$ 2,000.00
$ 3,304.00
$ 970.00
$ 456.00
$ 140.00
$ 42.00
$ 1,980.00
$ 7,600.00
$ 2,400.00
$ 4,400.00
$ 8,000.00
$ 1,000.00
$ 500.00
$ 1,530.00
$ 260.00
$ 540.00
$ 435.00
$ 2,800.00
$ 500.00
$ 500.00
$ 500.00
$ 500.00
$ 1,000.00
$ 1,000.00
$ 4,900.00
$ 5,300.00
$ 4,650.00
$ 600.00
$ 800.00
$ 1,400.00
$ 2,054.00
$ 200.00
$ 100.00
$ 125.00
$ 94,000.00