HomeMy WebLinkAboutContract 42712 (2)COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No. 1421 14 •
WHEREAS, the undersigned "Developer" desires to make certain improvements to an
addition to the CiTy of Fort Worth, Texas; and
WHEREAS, the CiTy of Fort Worth, ahome-rule municipal corporation situated in Tarrant,
Denton, Parker, and Wise Counties, Texas (the "CiTy"), has approved and desires to participate in
Developer's CFA project described herein (the "Project") in accordance with this Agreement as
presented by the Cost Summary Table and Exhibits hereto and authorized by City Council via M&C
!3: on No V Ef 2011 of, and
WHEREAS, the CiTy has requested the undersigned "Developer" to cause, and the Developer
desires to cause, the design, permitting and construction of the Project for which the City will
reimburse the Developer for the City's portion of the work after City's final acceptance of the public
bid project in accordance with the Policy for the Installation of Community Facilities, Section H, as
amended.
Developer:
Name: Stanley E. Davis, Vice President
Company: Cook Children's Medical Center
Project Name:
/ Avenue from West Terrell Avenue to West Rosedale Street, Cook Children's Medical Center
Mapsco: 76L
CFA:
DOE: 6533
OFFICIAL RECORD
CITY SENR�TARY
FT, WORTH, TX
1
Council District: 9
City Project No. 01598
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 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, except as otherwise limited by or provided in this
Agreement.
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 as described on the Exhibits attached hereto 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_; Sanitary Sewer
(A-1) _X ; Paving (B) _X_; Storm Drain (B4) _X ; Street Lights and Signs (C)
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 prequalied to perform water/waste water constructi
fon
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 (1000/n) 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 contactor 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 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. Unless necessitated by the City's participation in this Agreement, City shall not be
responsibIe for payment of 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. However, City will be responsible for the costs of utility relocation
necessitated by the City's participation in this Agreement.
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.
0
M. The 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 anon -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 and further apportioned in the
Cost Summary Table below
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.
5
iv. Developer shall pay in cash the total cost of street signs necessary for Developer's
portion of the Project.
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, as evidenced by M&C 62 94 , approved
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 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 TABLE
Developer Cost
City Cost
Total Cost
Construction Costs
1. Water
$
-
$
90,272.00
$
901272.00
2. Sewer
$
16,503641
$
86,023,95
$
102,527036
Contingency 15%
$
-
$
26,444.39
$
26,444,39
Total Water and Sewer Construction
$
167503.41
$
202,740.34
$
219,243.75
Water & Sewer Inspection Fee 2%
$
330.07
$
41054,81
$
41384.88
Water & Sewer Material Testing Fee
2%
$
330.07
$
49054.81
$
41384,88
Total Water and Sewer Project Cost
$
17,163.55
$
210,849.96
$
228,013.51
3. Storm Drain
$
91710,27
$
186,580.37
$
196,290.64
Contingency 25%
$
-
$
46,645009
$
461645,09
Total Storm Drain Construction
$
91710627
$
233,225,46
$
242,935073
Storm Drain Inspection Fee 4%
$
388.41
$
91329602
$
91717643
Storm Drain Material Testing Fee 2%
$
194.21
$
4,664.51
$
41858,72
Total Storm Drain Project Cost
$
%29189
$
247,218.99
$
2571511.88
Total Project Cost
$
271456A4
$
458,068.95
$
4855525.39
Water Cost Share: City Pays for 100% of the Cost
Item
#
Description
Qty
Unit
City Unit Price
Total
1
12" Water Line
804
LF
$ 38.00
$ 30,552.00
2
10" Water Line
20
LF
$ 35.00
$ 700.00
3
8" Water Line
4
$ 30.00
$ 120.00
4
6" Water Line
5
$ 28.00
$ 140.00
5
12" Gate Valve
12
EA
$ 1,587.00
$ 19,044.00
6
10" Gate Valve
1
EA
$ 1,306.00
$ 11306.00
7
Fire Hydrant
1
EA
$ 2,360.00
$ 21360.00
8
Fittings
2.1
TN
$ 3,600.00
$ 71560.00
9
2" Water Service Temp.
560
LF
$ 6.00
$ 3/360000
10
Traffic Control
833
LF
$ 15.00
$ 12,495000
11
Temp. Pavmnt Repair
833
LF
$ 10.00
$ 81330.00
12
Trench Safety
833
LF
$ 1.00
$ 833.00
13
Mobilization
$ 86,800.00
%
4%
$ 31472.00
Total
$ 90,272.00
7
Sewer Cost Share: City pays for 8-inch pipe, developer pays for 8"/12" pipe
Item #
Description
Qty
Unit
City Unit Price
Total
1
8" Sewer Line
743
LF
$ 45.00
$ 33,435.00
2
6" Sewer Line
33
LF
$ 35.00
$ 1,155.00
3
4' Standard Manhole
3
EA
$ 2/340600
$ 7/020400
4
4' Standard Drop Manhole
3
EA
$ 3,020.00
$ 9/060500
5
Additional Depth Standard MH
12
VF
$ 148.00
$ 1,776.00
6
Additional Depth Drop MH
12
VF
$ 257.00
$ 3,084.00
7
Interior Protective Coating Drop MH
30
VF
$ 180.00
$ 5,400.00
8
Temp. Pavement Repair (12" Pipe)
361
LF
$ 10.00
$ 2/406067
9
Temp, Pavement Repair (8" Pipe)
415
LF
$ 10.00
$ 4,150.00
10
Manhole Concrete Collar
6
EA
$ 39.00
$ 234.00
11
Manhole Vacuum Testing
6
EA
$ 104.00
$ 624.00
12
Post Construction TV Inspection
776
LF
$ 2.00
$ 1,552.00
13
Pre Construction TV Inspection
776
LF
$ 3.00
$ 2,328.00
14
Traffic Control (12" Pipe)
361
LF
$ 15.00
$ 3,610.00
15
Traffic Control (8" Pipe)
415
LF
$ 15.00
$ 6,225.00
16
Trench Safety (12" Pipe)
361
LF
$ 1.00
$ 240.67
17
Trench Safety (8" Pipe)
415
LF
$ 1.00
$ 415.00
18
Mobilization
$ 82,715034
%
4%
$ 3,308.61
Total
$ 86,023095
Note: Temporary pavement repair, traffic control and trench safety are calculated as a percentage 8/12=67% on the
12-inch portion of the pipe.
Storm Drain Cost Share:
Item #
Description
Qty
Unit
City Unit Price
Total
1
Curb & Gutter
50
LF
$ 19.00
$ 950.00
2
Mobilization
1
LS
$ 38.00
$ 38.00
3
Traffic Control
$ 950.00
%
2%
$ 19.00
4
5' x 3' RCB
292
CY
$ 500.00
$ 1461000.0O
5
30" RCP
21
LF
$ 65.00
$ 1/365000
6
24" RCP
57
LF
$ 55.00
$ 3,135.00
7
21" RCP
28
LF
$ 45.00
$ 1,260.00
8
8' x 4' Junction Box
8
CY
$ 500.00
$ 4,000.00
9
10' Std. Curb Inlet
4
EA
$ 2,200.00
$ 8,800.00
10
Pavement Repair-2 Inch Min HMAC
Temporary
840
LF
$ 10.00
$ 8,400.00
11
Trench Safety
840
LF
$ 1.00
$ 840.00
12
Unclassified Trench Excavation &
Backfill
577
CY
$ 10.00
$ 5/770400
13
Mobilization
1
LS
$ 1,514.12
$ 1/514412
14
Traffic Control
$ 179,570.00
%
2%
$ 3/591040
15
SWPPP
1
LS
$ 897.85
$ 897.85
Total
$186,580.37
The Checked Must be Included as Attachments to this Agreement
Included Attachment
X Location Map
X Exhibit A: Water Improvements
X Water Improvements Cost Estimate
X Exhibit Al: Sewer Improvements
X Sewer Improvements Cost Estimate
X Exhibit B: Paving Improvements
X Paving Improvements Cost Estimate
X Exhibit B 1: Storm Drain Improvements
X Storm Drain Cost Estimate
(Remainder of the page intentionally left blank)
10
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 ZU- V� day
CITY OF FORT WORTH:
Fernando Costa
Assistant City Manager
Recommended by:
Transportation &Public Works Department
Water Department
Wendy Chi-B ulal, EMBA, P.E.
Water Develo ment Engineering Manager
Approved as to Form &Legality:
Assistant City Attorney
ATTEST:
,City Secretary
Authorization:
I
� I I
of 7 e�eMbe r , 2011.
DEVELOPER:
Cook Children's Medical Center
anlev E. DavislVice President
Water Department
ry��
S. Frank Crumb, P.E.
Director
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000000 AY
OFFICIAL RECORD
CITY SECRETARY
11 FT. WORTH, TX
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LOCATION MAP
NOT TO SCALE
SEVENTH AVENUE IMPROVEMENTS
FROM W. TERRELL AVE. TO W. ROSEDALE ST.
DOE# 6533
FILE # W-2136
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550 Balley Avenue • Suite 400 • Fort Worth, Texas 76107
Tel: 817.335.1121 • Fox 817.33S.7437
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ENGINEER'S PRELIMINARY OPINION OF PROBABLE CONSTRUCTION COST
SEVENTH AVENUE PAVING IMPROVEMENTS
%� � � �< ��i}ESt�R(P�iCS,N
�
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PRIC00
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ITEM
-
Remove ExistingHMAC Pavement
0
15,210.00
1
35
SY
$
25,350.00
2
2" HMAC Overlay
Permanent Asphalt Pavement - Trench Repair Dtl. STR-028
Included
within
Storm, Water, sewer
Estimates
3
70
SY
$
27.00
$
1 890.00
4
7" Concrete Pavement
6" Lime Treated Subgrade or A roved E ual
Remove ExistingConcrete Pavement
77
61
60
SY
SY
SF
$
$
$
3.00
6.00ON
6.00
$
$
$
231.00
366.00
360.00
5
6
7
Sidewalk Ramp
50
LF
$
19.00
$
950.00
8
Curb & Gutter - 6" Curb w/ 18" Gutter
1
LS
4%
$
1 774.28
9
Mobilization
1
LS
2%
$
887.14
10
Traffic Control
$
47 018.42
TOTAL
M&C Review
Page 1 of 2
Official site of the City of Fort Worth, Texas
FORT'��'ORTI1
.�,,,-�-
CODE: C TYPE: CONSENT HEARING: NO
SUBJECT: Authorize Execution of a Community Facilities Agreement with Cook Children's Medical
Center with City Participation in an Amount Not to Exceed $458,068.95 for Construction of
Twelve -Inch and Ten -Inch Water Mains, Relocation of an Eight -Inch Sewer Pipe and
Construction of a Five Feet by Three Feet Storm Drain in Seventh Avenue to Serve Cook
Children's Medical Center and Surrounding Area (COUNCIL DISTRICT 9)
,.
RECOMMENDATION:
It is recommended that the City Council authorize execution of a Community Facilities Agreement with
Cook Children's Medical Center with City participation in an amount not to exceed $458,068.95 for the
installation of twelve -inch and ten -inch water mains, relocation of an eight -inch sewer pipe and construction
of a five -feet by three -feet storm drain in Seventh Avenue to serve Cook Children's Medical Center and the
surrounding area.
DISCUSSION:
Cook Children's Medical Center is a development located in Fort Worth (see attached map).
This project consists of 12-inch and 10-inch water mains in Seventh Avenue to establish a loop connection
to the existing water system. Additionally, the existing 8-inch sewer pipe is being increased to 12-inch and
being relocated to provide adequate room for the proposed 12-inch water main and the upsized five feet by
three feet storm drain pipe in Seventh Avenue.
Construction Costs:
1. Water
2. Sewer
Contingency 15 percent
Total Water and Sewer
Construction
Water &Sewer Inspection Fee (2
percent)
Water &Sewer Material Testing
Fee (2 percent)
Total Water and Sewer Project
Cost
Developer City Total
Cost Cost Cost
$ - $ 90,272.00 $ 90,272.00
$16,503.41 $ 86,023.95 $102,527.36
$ - $ 26,444.39 $ 26,444.39
$16,503.41 $202,740.34 $219,243.75
$ 330.07 $ 4,054.81 $ 4,384.88
$ 330.07 $ 4,054.81 $ 4,384.88
$17,163.55 $210,849.96 $228,013.51
http://apps.cfwnet.org/council�acket/mc review.asp?ID=16038&councildate=ll/15/2011 11/16/2011
M&C Review
Page 2 of 2
3. Storm Drain
Contingency 25 percent
Total Storm Drain
Construction
Storm Drain Inspection Fee (4
percent)
Storm Drain Material Testing Fee
(2 percent)
Total Storm Drain Project Cost
Total Project Cost
$ 9,710.27
$ 9,710.27
$186,580.37
$ 46,645.09
$233,225.46
$ 388.41 $ 9,329.02
$ 194.21 $ 4,664.51
$10,292.89
$27,456.44
$247,218.99
$458,068.95
$196,290.64
$ 46,645.09
$242,935.73
$ 9,717.43
$ 4,858.72
$257,511.88
$485,525.39
The cost stated is based on the engineer's estimates. The City's cost participation shall be in an amount
not to exceed $458,068.95 (Participation), but the reimbursement of the Participation (excluding inspection
and material testing fees) is not a lump sum amount and may be less than stated above depending upon
actual quantities from the Notice of Final Completion package and unit prices from the construction contract
document.
This development is located in COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital budget,
as appropriated, of the Water Capital Projects Fund, the Sewer Capital Projects Fund and the Storm Water
Capital Projects Bond Fund.
TO Fund/Account/Centers
Submitted for City Manager's Office bv:
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
P227 541200 209280159880 $247,218.99
P265
539140
609150159883
P265
531350
609150159885
P265
531200
609150159884
P275
539140
709130159883
P275
531350
709130159885
P275
531200
709130159884
Fernando Costa (6122)
Randle Harwood (6101)
Jana Knight (2025)
ATTACHMENTS
Cook Childrens Medical Center 7th Ave CFA Exhibit.pdf
$103,812.80
2 076.26
2 076.26
$98,927.54
1 978.55
1 978.55
http://apps. cfwnet.org/council�acicet/mc_review. asp?ID=1603 8&councildate=l l /15/2011 11 /16/2011