HomeMy WebLinkAboutContract 45167 (2)Received by:
COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract Na L)CJ) LV1
WHEREAS, the undersigned Developer ("Developer") desires to make certain
improvements ("Improvements") related to a project as described below ("Project") within the City
of Fort Worth, Texas ("City"); and
WHEREAS, the Developer and the City desire to enter into this Community Facilities
Agreement ("CFA" or "Agreement") in connection with the Improvements.
Developer and Project Information:
Developer Company Name: Cook Children's Medical Center
Address, State, Zip Code: 801 7t11 Ave. I Fort Worth, TX 76104
Phone, E-Mail: (682) 885-4000, stan.davis@cookchildrens.org
Authorized Signatory/Title: Stanley E. Davis, Vice President
Project Name and Brief Description: Water, Sewer, Paving & Drainage Improvements to serve 7t11
Avenue & West Terrell Avenue
Project Location: From Cooper Street to Pulaski Street & From 7th Avenue to 6th Avenue
Plat Case No.: N/A Plat Name: N/A
Council District: 9
To be completed by staffs
Lift
City Project No: 02170 CFA: 2013-080 DOE: 7112
1
Date:
i
OFFICIAL RECORD
CITY SECRETARY
c�v�YORTH,LX
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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 completed and the City has officially accepted the
Improvements. 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) _X_, Sewer (A-1)
_X, Paving (B) X. Storm Drain (B-1) X ,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.
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 insured, licensed and bonded to do
work in public streets and/or prequalified to perform water/waste water
construction as the case may be.
11. 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 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 iniuries. 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
iniuries, death or damages are caused. in whole or in part. by the alleged
negligence of the City of Fort Worth. its officers. servants, or enwlovees. 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 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 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. If applicable, the City's obligation to participate (exclusive of front foot charges) in
the cost of the Improvements shall terminate if the Improvements are not
completed 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 year. If the Improvements 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 Improvements if at
the end of two (2) years from the date of this Agreement 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.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
Cost Summary Sheet
Project Name: 7t1i Avenue & West Terrell Avenue
CFA No.: 2013-080
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 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 Options, choose one
Bond = 100%
Completion Agreement = 100% / Holds Plat
Cash Escrow Water/Sanitary Sewer= 125%
Cash Escrow Paving/Storm Drain = 125%
Letter of Credit = 125% w/2yr expiration period
DOENo.: 7112
Developer's Cost
$
105,664.00
176,788.00
$
282,452.00
$
97,714.00
5,000.00
$
$
$
$
102,714.00
385,166.00
5,649.04
5,649.04
11,298.08
4,108.56
2,054.28
ORM
MEI
6,162.84
17,460.92
Choice
Amount (ck one)
385,166.00
385,166.00
353,065.00
128,392.50
481,457.50
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 sa. Developer has execut- • this
instrument in quad uplicate, at Fort Worth, Texas this F CA day of _
,20
CITY OF FORT WORTH - Recommended by:
Water Department
2
1
Wendy Chi-B'abulal, EMBA, P.E.
Development Engineering Manager
Approved as to Form & Legality:
Doug as W. Black
Assistant City Attorney
M&C No. dits-
Date:
ATTEST:
Miry I. Kays
City Secretary
ATTEST:
Signature
(Print) Name: 3,,,, /V5It/tmrte
Title:Cosf tvuct»r ;led %g' "a it
Transportation & Public Works Department
W. 1,3
DouglasWiersig, P.E.
Director
Approved by City Manager's Office
Fernando Costa
Assistant City Manager
DEVELOPER:
Signature
(Print) Name: s--7,0 a U(
Title: Vee Pr953enl
OFFICIAL. YIECORDI
CITY SECRETARY
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: Street Lights and Signs Improvements
Street Lights and Signs Estimate
S.
A.
S.
/4
rs
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(Remainder of Page Intentionally Left Blank)
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VICINITY MAP
NOT TO SCALE
7TH AVENUE AND WEST TERRELL AVENUE
WATER, SEWER, PAVING, AND DRAINAGE IMPROVEMENTS
DOE # 7112
FILE # X-22457
CITY PROJECT # 02170
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550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107
Tel: 817.335.1121 • Fax: 817.335.7437
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DUNAWAy
550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107
Tel:817.335.1121 • Fat 817.335.7437
VX REG. F-11141
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DUNAWAy
550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107
Tel: 817 X15.1121 • Fax 817.335.7437
(TX REG F-11141
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Tel: 817.335.1121 • Fax: 817.335.7437
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PROPERTY BOUNDARY
EXISTING MAJOR CONTOUR
EXISTING MINOR CONTOUR
PROPOSED WATER LINE
PROPOSED SANITARY SEWER LINE
PROPOSED SANITARY SEWER
MANHOLE
PROPOSED SANITARY SEWER
CLEANOUT
PROPOSED GATE VALVE
PROPOSED REDUCER
PROPOSED STORM DRAIN
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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EXHIBIT 'Br
STORM DRAIN EXHIBIT
1 OF 1
7TH AVENUE AND WEST TERRELL 0 60 120
AVENUE WATER SEWER PAVING,
& DRAINAGE IMPROVEMENTS
SCALE: 1"= 60 ft.
•
7TH AVENUE AND WEST TERRELL AVENUE WATER, SEWER, PAVING, & DRAINAGE IMPROVEMENTS - CITY PROJECT NO. 02170, DOE 7112
CFA QUANTITY MATRIX
ITEM NO.
WATER
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
BID ITEM
0241.1012 Remove 6" Water Line
0241.1013 Remove 8" Water Line
0241.1015 Remove 12" Water Line
0241.1202 6" Water Abandonment Plug
0241,1203 8" Water Abandonment Plug
0241.1305 Remove 12" Water Valve
0241.1514 Salvage 2" Water Meter
I �
0241.1517 Salvage 6" Water Meter
0241.1602 Remove Concrete Water Vault
3305.0109 Trench Safety
3305.1002 16" Casing By Open Cut
3305.1003 20" Casing By Open Cut
3311.0001 Ductile Iron Water 'fittings w/ Restraint
3311.0041 4" Water Pipe
3311.0141 6" Water Pipe
3311.0241 8" Water Pipe
3311.0251 8" DIP Water
3311.0441 12" Water Pipe
3311.0451 12" DIP Water
3312.2203 2" Water Service
3312.2802 4" Water Meter and Vault
3312.2803 6" Water Meter and Vault
3312,3001 4" Gate Valve
SHEET NO.
UNIT 4 6 7 8 12 13 14 19 26 30
L.F. 201
L.F. 20
L.F. 20
EA. 1
EA. 2
EA. 3
EA. 1
EA. 1
EA
L.F. 243 40 110
L.F. 20
L.F. 20
TON 0.7 0.1 0.2
L.E. 30
L.F. 27 39
L.F. 74 30
L.F. 20
L.F. 142
L.F. 20
L.F. 11
EA. 1
EA. 1
EA. 1
ITEM TOTAL UNIT PRICE ITEM TOTAL COST
201 $22.00 $4,422.00
20 $24.00 $480.00
20 $26.00 $520.00
1 $800.00 $800.00
2 $1,000.00 $2,000.00
3 $800.00 $2,400.00
1 $300.00 $300.00
1 $1,000.00 $1,000.00
1 $1,500.00 $1,500.00
393 $4.00 $1,572.00
20 $120.00 $2,400.00
20 $150.00 $3,000.00
1 $5,000.00 $5,000.00
30 $45.00 $1,350.00
66 $50.00 $3,300.00
104 $60.00 $6,240.00
20 $85.00 $1,700.00
142 $70.00 $9,940.00
20 $100.00 $2,000.00
11 $30.00 $330.00
1 $15,500.00 $15,500.00
1 $17,500.00 $17,500.00
1 $850.00 $850.00
7TH AVENUE AND WEST TERRELL AVENUE WATER, SEWER, PAVING, & DRAINAGE IMPROVEMENTS - CITY PROJECT NO. 02170, DOE 7112
CFA QUANTITY MATRIX
ITEM NO.
1
24 3312.3002 6' Gate Valve
I
25 3312.3003 8" Gate Valve
I
26 3312.3005 12" Gate Valve
27 9999.0001 Remove 2" Water Line
BID ITEM
SHEET NO ITEM TOTAL UNIT PRICE ITEM TOTAL COST
UNIT 4 6 7 8 12 13 14 19 26 30
EA. 1 1 2 $950.00 $1,900.00
EA. 2 2 3 7 $1,050.00 $7,350.00
EA. 4 2 6 $2,000.00 $12,000.00
L.F. 31 31 $10.00 $310.00
WATER TOTAL $105,664.00
7TH AVENUE AND WEST TERRELL AVENUE WATER, SEWER, PAVING, & DRAINAGE IMPROVEMENTS - CITY PROJECT NO. 02170, DOE 7112
CFA QUANTITY MATRIX
ITEM NO.
SEWER
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
BID ITEM
0241.2013 Remove 8" Sewer Line
0241.2102 6" Sewer Abandonment Plug
0241.2103 8" Sewer Abandonment Plug
0241.2201 Remove 4' Sewer Manhole
3301.0002 Post -CCTV Inspection
3301.0101 Manhole Vacuum Testing
3305.0109 Trench Safety
3305.0202 Imported Embedment/Backfill, CSS
3331.3202 6" Sewer Service, 2 way Cleanout
3331.4108 6" Sewer Pipe
(
3331.4115 8" Sewer Pipe
3331.4116 8" Sewer Pipe, CSS Backfill
I I
3331.4209 12" Sewer Pipe, CSS Back-E11l
3339.0001 Epoxy Manhole Liner
I �
3339,0003 Wastewater Access Chamber
3339.1001 4' Manhole
3339.1002 4' Drop Manhole
3339.1003 4' Extra Depth Manhole
SHEET NO
UNIT 4 6 7 8. 12 13. 14. 19 26 30
L.F.
EA.
EA.
EA.
L.F.
EA.
L.F.
C.Y.
EA.
L.F.
L.F.
L.F.
L.F.
V.F.
EA.
EA.
EA.
EA.
550
3
ITEM TOTAL UNIT PRICE ITEM TOTAL COST
550 $12.00 $6,600.00
3 1 4 $1,000.00 $4,000.00
1 1 $1,000.00 $1,000.00
3 $1,200.00 $3,600.00
573 312 9 894 $3.00 $2,682.00
3 3 1 7 $100.00 $700.00
573 312 9 894 $4.00 $3,576.00
20 10 30 $20.00 $600.00
2 2 $750.00 $1,500.00
78 78 $55.00 $4,290.00
9 9 $80.00 $720.00
24 24 $85.00 $2,040.00
549 234 783 $105.00 $82,215.00
57 16 73 $205.00 $14,965.00
1 1 2 $2,400.00 $4,800.00
1 2 1 4 $4,000.00 $16,000.00
2 1 3 $5,500.00 $16,500.00
39 16 55 $200.00 $11,000.00
SEWER TOTAL $176,788.00
7TH AVENUE AND WEST TERRELL AVENUE WATER, SEWER, PAVING, & DRAINAGE IMPROVEMENTS - CITY PROJECT NO. 02170, DOE 7112
CFA QUANTITY MATRIX
ITEM NO.
PAVING
1
2
3
4
5
6
7
8
9
10
11
12
13
SHEET NO
BID ITEM UNIT 4 6 7 8 12 13 14 19 26 30
0241.0100 Remove Sidewalk
0241.0401 Remove Concrete Drive
0241.1000 Remove Conc Pvmt
0241.1300 Remove Conc Curb & Gutter
3201.0117 10' Wide Asphalt Pvmt Repair, Residential
3201.0201 Asphalt Pvmt Repai Beyond Defined Width, Residential
3213.0301 4" Conc Sidewalk
3216.0102 7" Conc Curb and Gutter
3217.0001 4" SLD Pvmt Marking HAS (W)
3292.0100 Block Sod Placement
3471.0001 Traffic Control
9999.0002 Remove Parking Meter & Pole
9999.0002 Install Parking Meter & Pole
S.F. 2330
S.F. 585
S.Y. 16
L.F. 357
L.F.
S.Y.
S.F.
L.F.
S.Y.
MO.
EA. 1
EA.
163 40 84 580 102 9
ITEM TOTAL UNIT PRICE ITEM TOTAL COST
2330 $2.00 $4,660.00
585 $2.00 $1,170.00
16 $2.00 $32.00
357 $1.00 $357.00
978 $40.00 $39,120.00
384 384 $40.00 $15,360.00
2255 2255 $5.00 $11,275.00
340 340 $28.00 $9,520.00
14 14 $10.00 $140.00
116 116 $5.00 $580.00
2 2 $7,500.00 $15,000.00
1 $250.00 $250.00
1 1 $250.00 $250.00
PAVING TOTAL $97,714.00
7TH AVENUE AND WEST TERRELL AVENUE WATER, SEWER, PAVING, & DRAINAGE IMPROVEMENTS - CITY PROJECT NO. 02170, DOE 7112
CFA QUANTITY MATRIX
SHEET NO
ITEM NO. BID ITEM UNIT 4 6 7 8 12 13 14 19 26 30
STORM
1 0241.4001 Remove 10' Curb Inlet EA. 1
2 3349,5001 10' Curb Inlet I EA. 1
ITEM TOTAL UNIT PRICE ITEM TOTAL COST
1 $1,500.00 $1,500.00
1 $3,500.00 $3,500.00
S-ORM TOTAL $5,000.00
PROJECT TOTAL $385,166.00