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HomeMy WebLinkAboutContract 55362 Received Date: Mar 2,2021 Received Time: 1:16 pm Developer and Project Information Cover Sheet: Developer Company Name: Trinity Metro Address, State,Zip Code: 801 Cherry St., Suite 850,Fort Worth, TX 76102 Phone&Email: 817-215-8705 1 Bob.Baulsir@RideTM.org Authorized Signatory, Title: Bob Baulsir,President&CEO Project Name: 72"Sanitary Sewer M-245B MH Relocation Brief Description: Sewer Project Location: West of Northside Drive and Cold Springs Intersection Plat Case Number: None Provided Plat Name: None Provided Mapsco: None Provided Council District: None Provided CFA Number: CFA20-0136 City Project Number: 1031011 IPRC20-0149 City of Fort Worth,Texas OFFICIAL RECORD Governmental Entity Community Facilities Agreement CITY SECRETARY Rev.11/20 91227325v.1 FT. WORTH, TX 91227325v.2 City Secretary Contract No.; 55362 COMMUNITY FACILITIES AGREEMENT (GOVERNMENTAL ENTITY) This COMMUNITY FACILITIES AGREEMENT ("Agreement") is made and entered into by and between the City of Fort Worth ("City"), a home-rule municipal corporation of the State of Texas, acting by and through its duly authorized Assistant City Manager, and Fort Worth Transportation Authority, doing business as "Trinity Metro," a regional transportation authority existing an operating under Chapter 452 of the Texas Transportation Code ("Trinity Metro"), acting by and through its duly authorized representative. City and Trinity Metro are referred to herein individually as a "party"and collectively as the"parties." WHEREAS, Trinity Metro is constructing improvements within the corporate limits of Fort Worth,Texas or its extraterritorial jurisdiction,for a project known as 72 in SS M-245B MH Relocation, which project is generally described as construction of a sanitary sewer manhole as set forth in the Engineering Plans, as hereinafter defined("Project"); and WHEREAS, the City desires to ensure that all developments are adequately served by public infrastructure and that the public infrastructure is constructed according to City standards; and WHEREAS,as a condition of approval of the Project, Trinity Metro is required to bear a portion of the costs of municipal infrastructure by constructing the public infrastructure necessary for the Project as described in this Agreement("Community Facilities"or"Improvements"); and WHEREAS,the City is not participating in the cost of the Improvements or Project; and WHEREAS,Trinity Metro and the City desire to enter into this Agreement in connection with the collective Improvements for the Project; NOW,THEREFORE,for and in consideration of the covenants and conditions contained herein, the City and Trinity Metro do hereby agree as follows: 1. CFA Ordinance The Community Facilities Agreements Ordinance("CFA Ordinance"),as amended,is incorporated into this Agreement by reference, as if it was fully set forth herein. Trinity Metro agrees to comply with all applicable provisions of the CFA Ordinance in the performance of Trinity Metro's duties and obligations pursuant to this Agreement and to cause all contractors hired by Trinity Metro to comply with the CFA Ordinance in connection with the work performed by the contractors. If a conflict exist between the terms and conditions of this Agreement and the CFA Ordinance, the CFA Ordinance shall control; provided, City of Fort Worth,Texas OFFICIAL RECORD Governmental Entity Community Facilities Agreement CITY SECRETARY Rev.11/20 91227325v.1 FT. WORTH, TX 91227325v.2 however,that notwithstanding the foregoing provisions of this sentence,in no event shall Trinity Metro be required to make, assume, or carry out any"Rough Proportionality"payment,dedication, other obligation, for the Project, other than transferring all right,title, and interest of Trinity Metro, if any, in the Project to the City. 2. Incorporation of Engineering Plans The engineering plans for the Improvements that have been accepted by the City ("Engineering Plans") are incorporated into this Agreement by reference as if fully set out herein. Trinity Metro shall provide at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to construct the Improvements required by this Agreement. 3. Description of Improvements; Exhibits and Attachments The following exhibits describe the general location, nature and extent of the Improvements that are the subject of this Agreement and are attached hereto and incorporated herein by reference: ❑ Exhibit A: Water ® Exhibit A-1: Sewer ❑ Exhibit B: Paving ❑ Exhibit B-1: Storm Drain ❑ Exhibit C: Street Lights & Signs The Location Map and Cost Estimates are also attached hereto and incorporated herein by reference. To the extent that Exhibits A, A-1, B, B-1, C, the Location Map, or the Cost Estimates conflict with the Engineering Plans, the Engineering Plans shall control. If applicable, Attachment I — Changes to Standard Community Facilities Agreement, Attachment 2 — Phased CFA Provisions, and Attachment 3 — Concurrent CFA Provisions, are attached hereto and incorporated herein for all purposes. 4. Construction of Improvements Trinity Metro 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 specifications,the Engineering Plans, the Cost Estimates provided for the Improvements, and this Agreement. Trinity Metro acknowledges that City will not accept the Improvements until the City receives affidavits and lien releases signed by Trinity Metro's contractors verifying that the contractors, and all subcontractors and material suppliers, have been paid in full for constructing the Improvements, and consent of the surety on payment and performance bonds provided for the Improvements. City of Fort Worth,Texas Page 3 of 16 Governmental Entity Community Facilities Agreement Rev.11/20 91227325v.1 91227325v.2 5. Financial Guarantee Trinity Metro has provided the City with a financial guarantee in the form and amounts set forth in this Agreement which guarantees the construction of the Improvements and payment by Trinity Metro of all contractors, subcontractors, and material suppliers for the Improvements("Financial Guarantee"). 6. Completion Deadline; Extension Periods This Agreement shall be effective on the date this Agreement is executed by the City's Assistant City Manager ("Effective Date"). Trinity Metro shall complete construction of the Improvements and obtain the City's acceptance of the Improvements within two (2)years of the Effective Date ("Term"). If construction of the Improvements has started during the Term, Trinity Metro may request that this Agreement be extended for an additional period of time("Extension Period"). All Extension Periods shall be agreed to in writing by the City and Trinity Metro as set forth in a written amendment to this Agreement. In no event shall the Term of this Agreement plus any Extension Periods be for more than three years. 7. Failure to Construct the Improvements (a) The City may utilize Trinity Metro's Financial Guarantee to cause the completion of the construction of the Improvements if at the end of the Term, and any Extension Periods, the Improvements have not been completed and accepted by the City. (b) The City may utilize Trinity Metro's Financial Guarantee to cause the completion of the construction of the Improvements or to cause the payment of costs for construction of the Improvements before the expiration of the Term, and any Extension Period, if Trinity Metro breaches this Agreement,becomes insolvent, or fails to pay costs of construction. (c) If the Financial Guarantee is a Completion Agreement and Trinity Metro's contractors or suppliers are not paid for construction costs or materials supplied for the Improvements the contractors and suppliers may place a lien upon any property which the City does not have an ownership interest that is the subject of the Completion Agreement. (d) Nothing contained herein is intended to limit Trinity Metro's obligations under the CFA Ordinance, this Agreement, the Financial Guarantee, Trinity Metro's agreements with Trinity Metro's contractors, or other related agreements. 8. Termination If Trinity Metro desires to terminate this Agreement before Trinity Metro's contractors begin constructing the Improvements, Trinity Metro agrees to the following: (a) that Trinity Metro and City must execute a termination of this Agreement in writing; City of Fort Worth,Texas Page 4 of 16 Governmental Entity Community Facilities Agreement Rev.11/20 91227325v.1 91227325v.2 (b) that Trinity Metro will vacate any final plats that have been filed with the county where the Project is located; and (c) to pay to the City all costs incurred by the City in connection with this Agreement, including time spent by the City's inspectors at preconstruction meetings. 9. Award of Construction Contracts (a) Trinity Metro will award all contracts for the construction of the Improvements and cause the Improvements to be constructed in accordance with the CFA Ordinance. (b) Trinity Metro will employ construction contractors who meet the requirements of the City to construct the Improvements including,but not limited,to being prequalified, insured, licensed and bonded to construct the Improvements in the City. (c) Trinity Metro will require Trinity Metro's contractors to provide the City with payment and performance bonds naming the City and Trinity Metro as dual obligees, in the amount of one hundred percent(100%)of the cost of the Improvements as required by the CFA Ordinance. The payment and performance bonds shall guarantee construction of the Improvements and payment of all subcontractors and material suppliers. Trinity Metro agrees to require Trinity Metro's contractors to provide the City with a maintenance bond naming the City as an obligee, in the amount of one hundred percent(100%)of the cost of the Improvements,that guarantees correction of defects in materials and workmanship for the Improvements by the contractor and surety for a period of two(2)years after completion and final acceptance of the Improvements by the City.All bonds must be provided to the City before construction begins and must meet the requirements of the City's Standard Conditions, Chapter 2253 of the Texas Government Code, and the Texas Insurance Code. (d) Trinity Metro will require Trinity Metro's contractors to provide the City with insurance equal to or in excess of the amounts required by the City's standard specifications and contract documents for Trinity Metro-awarded infrastructure construction contracts. The City must be named as an additional insured on all insurance policies. Trinity Metro must provide the City with a Certificate of Insurance (ACORD or form approved by the State of Texas), supplied by each contractor's insurance provider,which shall be made a part of the Project Manual. (e) Trinity Metro will require Trinity Metro's contractors to give forty-eight(48)hours'advance notice of their intent to commence construction of the Improvements to the City's Construction Services Division so that City inspection personnel will be available. Trinity Metro will require Trinity Metro's contractors to allow construction of the Improvements to be subject to inspection at any and all times by the City's inspectors. Trinity Metro will require Trinity Metro's contractors to not install or relocate any sanitary sewer, storm drain, or water pipe unless a City inspector is present and gives consent to proceed, and to allow such laboratory tests as may be required by the City. M Trinity Metro will not allow Trinity Metro's contractors to begin construction of the Improvements until a notice to proceed to construction is issued by the City, which issuance will not be unreasonably withheld, conditioned,or delayed. City of Fort Worth,Texas Page 5 of 16 Governmental Entity Community Facilities Agreement Rev.11/20 91227325v.1 91227325v.2 (g) Trinity Metro will not allow Trinity Metro's contractors to connect buildings to service lines of sewer and water mains constructed pursuant to this Agreement,if any,until said sewer,water mains and service lines have been completed to the satisfaction of the City. 10. Utilities Trinity Metro shall cause the installation or adjustment of utilities required to: (1)serve the Project; and (2) to construct the Improvements required herein. City shall not be responsible for payment of any costs that may be incurred by Trinity Metro in the relocation of any utilities that are or may be in conflict with any of the Improvements to be constructed pursuant to this Agreement. 11. [Not applicable; intentionally omitted.] 12. Liability and Responsibility (a) WITHOUT WAIVING ANY DEFENSES INCLUDING GOVERNMENTAL IMMUNITY, EACHPARTY TO THISAGREEMENT SHALL BE SOLELYRESPONSIBLE FOR ITS OWN ACTIONS OR INACTION AND THE ACTIONS OR FAILURE TO ACT OF ITS RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, OFFICIALS, AND CONTRACTORS. NEITHER PARTY SHALL BE RESPONSIBLE FOR THE ACTIONS, ERRORS, OMISSIONS, NEGLIGENCE, MISFEASANCE, OR MALFEASANCE OF THE OTHER PARTY OR ANY EMPLOYEES, AGENT, OFFICER, OFFICIAL OR CONTRACTOR OF THE OTHER PARTY. (b) TRINITY METRO 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 INANY WAY CONNECTED WITH, THE CONSTRUCTION OF THE IMPROVEMENTS CONTEMPLATED HEREIN. FURTHER, TRINITY METRO WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES SUFFERED BY THE CITY OR CAUSED AS A RESULT OF SAID CONTRACTORS' FAILURE TO COMPLETE THE WORK AND CONSTRUCT THE IMPROVEMENTS INA GOOD AND WORKMANLIKE MANNER,FREE FROMDEFECTS, IN CONFORMANCE WITH THE CFA ORDINANCE,AND INACCORDANCE WITH ALL PLANS AND SPECIFICATIONS. City of Fort Worth,Texas Page 6 of 16 Governmental Entity Community Facilities Agreement Rev.11/20 91227325v.1 91227325v.2 13. Right to Enforce Contracts Upon completion of all work associated with the construction of the Improvements, Trinity Metro will assign to the City a non-exclusive right to enforce the contracts entered into by Trinity Metro with its contractors,along with an assignment of all warranties given by the contractors,whether express or implied. Further,Trinity Metro 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. 14. Estimated Fees Paid by Trinity Metro; Reconciliation Prior to execution of this Agreement, Trinity Metro has paid to the City the estimated cost of administrative material testing service fees, construction inspection service fees,and water testing lab fees in the amounts set forth in the Cost Summary section of this Agreement. Upon completion of the construction of the Improvements or if this Agreement is terminated before Trinity Metro's contractors begin constructing the Improvements, the City will reconcile the actual cost of administrative material testing service fees,construction inspection service fees,and water testing lab fees with the estimated fees paid by Trinity Metro. If the actual costs of the fees are more than the estimated payments made by Trinity Metro,Trinity Metro must pay the difference to the City before the Improvements will be accepted by the City. If the actual costs of the fees are less than the estimated payments made by Trinity Metro,the City will refund the difference to Trinity Metro. If the difference between the actual costs and the estimated payments made by Trinity Metro is less than fifty dollars ($50.00), the City will not issue a refund and Trinity Metro will not be responsible for paying the difference. The financial guarantee will not be released by the City or returned to Trinity Metro until reconciliation has been completed by the City and any fees owed to the City have been paid by Trinity Metro. 15. Material Testing The City maintains a list of pre-approved material testing laboratories. Trinity Metro must contract with material testing laboratories on the City's list. Material testing laboratories will provide copies of all test results directly to the City and Trinity Metro. If the Improvements being constructed fail a test, Trinity Metro must correct or replace the Improvements until the Improvements pass all retests. Trinity Metro must pay the material testing laboratories directly for all material testing and retesting. The City will obtainproof from the material testing laboratories that the material testing laboratories have been paid in full by Trinity Metro before the City will accept the Improvements. 16. Notices All notices required or permitted under this Agreement may be given to a parry by hand- delivery or by mail, addressed to such party at the address stated below. Any notice so given shall be deemed to have been received when deposited in the United States mail so addressed with postage prepaid: CITY: TRINITY METRO: City of Fort Worth,Texas Page 7 of 16 Governmental Entity Community Facilities Agreement Rev.11/20 91227325v.1 91227325v.2 Development Coordination Office Trinity Metro City of Fort Worth 801 Cherry St. Suite 850 200 Texas Street Fort Worth, TX, 76102 Fort Worth,Texas 76102 With copies to: City Attorney's Office City of Fort Worth 200 Texas Street Fort Worth,Texas 76102 and City Manager's Office City of Fort Worth 200 Texas Street Fort Worth,Texas 76102 Or to such other address one party may hereafter designate by notice in writing addressed and mailed or delivered to the other party hereto. 17. Right to Audit Trinity Metro agrees that,until the expiration of three(3)years after acceptance by the City of the Improvements constructed pursuant to this Agreement, that the City shall have access to and the right to examine any directly pertinent books, documents, papers and records of Trinity Metro involving transactions relating to this Agreement. Trinity Metro agrees that the City shall have access during normal working hours to all necessary Trinity Metro facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Trinity Metro reasonable advance notice of intended audits. Trinity Metro further agrees to include in all contracts with Trinity Metro's contractors for the Improvements a provision to the effect that the contractor agrees that the City shall,until the expiration of three (3)years after final payment under the contract, have access to and the right to examine any directly pertinent books, documents, papers and records of such contractor, involving transactions to the contract, and further,that City shall have access during normal working hours to all of the contractor's facilities,and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Trinity Metro's contractors reasonable advance notice of intended audits. 18. Independent Contractor It is expressly understood and agreed that Trinity Metro and its employees,representative, agents, servants,officers,contractors, subcontractors,and volunteers shall operate as independent contractors as to all rights and privileges and work performed under this Agreement, and not as agents, representatives or City of Fort Worth,Texas Page 8 of 16 Governmental Entity Community Facilities Agreement Rev.11/20 91227325v.1 91227325v.2 employees of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Trinity Metro shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Trinity Metro acknowledges that the doctrine of respondeat superior shall not apply as between the City and its officers, representatives, agents, servants and employees, and Trinity Metro and its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Trinity Metro further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Trinity Metro. It is further understood that the City shall in no way be considered a co-employer or a joint employer of Trinity Metro or any employees,representatives,agents,servants,officers,contractors,subcontractors,and volunteers of Trinity Metro. Neither Trinity Metro, nor any officers, agents, servants, employees or subcontractors of Trinity Metro shall be entitled to any employment benefits from the City. Trinity Metro shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of employees, representatives, agents, servants, officers,contractors, subcontractors, and volunteers. The City, through its authorized representatives and employees, shall have the sole and exclusive right to exercise jurisdiction and control over City employees. 19. Applicable Law; Venue This Agreement shall be construed under and in accordance with Texas law. Venue shall be in the state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 20. Non-Waiver The failure of the City to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely on any such term or right on any future occasion. 21. Governmental Powers and Immunities. It is understood that by execution of this Agreement,neither the City nor Trinity Metro waives or surrenders any of its governmental powers or immunities. 22. Headings The paragraph headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. City of Fort Worth,Texas Page 9 of 16 Governmental Entity Community Facilities Agreement Rev.11/20 91227325v.1 91227325v.2 23. Severability In the event that any clause or provision of this Agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not affect any of the remaining provisions hereof. 24. Review of Counsel City and Trinity Metro, and if they so choose, their attorneys, have had the opportunity to review and comment on this document; therefore any rule of contract construction or interpretation that would normally call for the document to be interpreted as against the drafting party shall not apply in interpretation of this Agreement, and each section,portion, and provision of this Agreement shall be construed solely on the basis of the language contained therein, regardless of who authored such language. 25. Prohibition on Boycotting Israel Trinity Metro acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company with 10 or more full-time employees that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City for goods or services unless the contract contains a written verification from the company that it: (1)does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and"company"have the meanings ascribed to those terms by Chapter 2271 of the Texas Government Code. To the extent that Chapter 2271 of the Government Code is applicable to this Agreement, by signing this Agreement, Trinity Metro certifies that Trinity Metro's signature provides written verification to the City that Trinity Metro: (1) does not boycott Israel; and (2) will not boycott Israel during the term of this Agreement. 26. Immigration and Nationality Act Trinity Metro shall verify or require its contractor to verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form(I-9). Upon request by City, Trinity Metro shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Trinity Metro shall adhere to all applicable Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Trinity Metro employee who is not legally eligible to perform such services. TO THE EXTENT PERMITTED BYAPPLICABLE LAW, TRINITY METRO SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY TRINITY METRO, TRINITY METRO'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City,upon written notice to Trinity Metro,shall have the right to immediately terminate this Agreement for violations of this provision by Trinity Metro. City of Fort Worth,Texas Page 10 of 16 Governmental Entity Community Facilities Agreement Rev.11/20 91227325v.1 91227325v.2 27. Amendment No amendment, modification, or alteration of the terms of this Agreement shall be binding unless the same is in writing,dated subsequent to the date hereof,and duly executed by the City and Trinity Metro. 28. Assignment and Successors Trinity Metro shall not assign or subcontract all or any part of its rights,privileges, or duties under this Agreement without the prior written consent of City. Any attempted assignment or subcontract without the City's prior written approval shall be void and constitute a breach of this Agreement. 29. No Third-Party Beneficiaries The provisions and conditions of this Agreement are solely for the benefit of the City and Trinity Metro, and any lawful assign or successor of Trinity Metro, and are not intended to create any rights, contractual or otherwise,to any other person or entity. 30. Compliance with Laws, Ordinances,Rules and Regulations Trinity Metro,its officers,agents,servants,employees,and contractors, shall abide by and comply with all laws, federal, state and local, including all ordinances, rules and regulations of City applicable to Trinity Metro's construction of the Improvements. It is agreed and understood that, if City calls to the attention of Trinity Metro any such violation on the part of Trinity Metro or any of its officers, agents, servants, employees, or subcontractors,then Trinity Metro shall immediately desist from and correct such violation or shall notify the City of Trinity Metro's reason for its belief that the City's determination is incorrect. 31. Signature Authority The person signing this Agreement on behalf of Trinity Metro warrants that he or she has the legal authority to execute this Agreement on behalf of Trinity Metro, and that such binding authority has been granted by proper order,resolution,ordinance or other authorization of the entity. The City is fully entitled to rely on this warranty and representation in entering into this Agreement. 32. Counterparts This Agreement may be executed in multiple counterparts, each of which will be deemed an original,but which together will constitute one instrument. City of Fort Worth,Texas Page 11 of 16 Governmental Entity Community Facilities Agreement Rev.11/20 91227325v.1 91227325v.2 33. Entire Agreement This written instrument, together with any attachments, exhibits, and appendices, constitutes the entire understanding between the City and Trinity Metro concerning the work to be performed hereunder, and any prior or contemporaneous, oral or written agreement that purports to vary from the terms hereof shall be void. [REMAINDER OF PAGE INTENTIONALLY BLANK] City of Fort Worth,Texas Page 12 of 16 Governmental Entity Community Facilities Agreement Rev.11/20 91227325v.1 91227325v.2 34. Cost Summary Sheet Project Name: 72 in SS M-245B MH Relocation CFA No.: CFA20-0136 City Project No.: 103101 Items Developer's Cost A. Water and Sewer Construction 1. Water Construction 2. Sewer Construction $ 92,500.00 Water and Sewer Construction Total $ 92,500.00 B. TPW Construction 1. Street $ - 2. Storm Drain $ - 3. Street Lights Installed by Developer $ - 4. Signals $ - TPW Construction Cost Total $ - Total Construction Cost(excluding the fees): $ 92,500.00 Estimated Construction Fees: C. Construction Inspection Service Fee $18,375.00 D. Administrative Material Testing Service Fee $490.00 E. Water Testing Lab Fee Total Estimated Construction Fees: $ 18,865.00 Choice Financial Guarantee Options; choose one Amount Mark one Bond = 100% $ 92,500.00 Completion Agreement= 100%/Holds Plat $ 92,500.00 Cash Escrow Water/Sanitary Sewer= 125% $ 115,625.00 Cash Escrow Paving/Storm Drain = 125% $ - Letter of Credit= 125% $ 115,625.00 Statement of Appropriated Funds Government Entity Only) x City of Fort Worth,Texas Page 13 of 16 Governmental Entity Community Facilities Agreement Rev.11/20 91227325v.1 91227325v.2 IN WITNESS WHEREOF, the City and Trinity Metro have each executed this Agreement by their duly authorized signatories to be effective on the date executed by the City's Assistant City Manager. CITY OF FORT WORTH TRINITY METRO Trinity Metro baru�8u�-alu7off �d� �G�;��. Dana ,Burghdoff( r1 2021'7:0� Bob Baulsir(Mar1,202113:30 CST) Dana Burghdoff Name: Bob Baulsir Assistant City Manager Title: President &CEO Date: Mar 1, 2021 Date: Mar 1, 2021 Recommended by: �4� coi- r.�EvelynRoberts/Jennifer Ezernack Project Assistant Planning and Development Approved as to Form &Legality: Richar A.McCracken(Marl,202113:57CST) Contract Compliance Manager: Richard A. McCracken Sr.Assistant City Attorney By signing, I acknowledge that I am the person responsible for the monitoring and M&C No. N/A administration of this contract,including ensuring all performance and reporting Date: Mar 1,2021 requirements. Form 1295: N/A bad FORT as P.s°*ilso �7alrie�(a�tt AIv1a� Ate° �� Janie Scarlett Morales(Mar 1,202113:50 CST) boo =d ATTEST: oo c° Name: Janie Scarlett Morales *� °°°°°°°°°° a Title: Development Manager ��4 nEXA`Joo40 Mary J. Kayser/Ronald Gonzales City Secretary/Assistant City Secretary City of Fort Worth,Texas OFFICIAL RECORD Governmental Entity Community Facilities Agreement CITY SECRETARY Rev.11/20 91227325v.1 FT. WORTH, TX 91227325v.2 The following attachments are incorporated into this Agreement. To the extent a conflict exists between the main body of this Agreement and the following attachments, the language in the main body of this Agreement shall be controlling. Included Attachment ® Attachment 1 -Changes to Standard Community Facilities Agreement ❑ Attachment 2—Phased CFA Provisions ❑ Attachment 3—Concurrent CFA Provisions ® Location Map ❑ Exhibit A: Water Improvements ® Exhibit A-1: Sewer Improvements ❑ Exhibit B: Paving Improvements ❑ Exhibit B-1: Storm Drain Improvements ❑ Exhibit C: Street Lights and Signs Improvements ® Cost Estimates (Remainder of Page Intentionally Left Blank) City of Fort Worth,Texas Page 15 of 16 Governmental Entity Community Facilities Agreement Rev.11/20 91227325v.1 91227325v.2 ATTACHMENT"I" Changes to Standard Community Facilities Agreement City Project No. 103101 City of Fort Worth,Texas Page 16 of 16 Governmental Entity Community Facilities Agreement Rev.11/20 91227325v.1 91227325v.2 .� . � . � ^ + 123q � • � � :» � ! . � R F 7 -- - , ; : . � �! \ • w C P N 103101 MAPSCO NO- J VICINITY MAP . � 0 ] Oor « = 1 ' DEVELOPER. TRINITY METRO 1CHERRY STREET SUITE 850 FORT WORTH, TX 76102 ' SANITARY SEWER SB PHONE 81 21E8 O MANHOLE RELOCATION PROJECT SHEET 1OF2 INITY RIVER NDRTHSIDE DR E I T.ABAND P#ED 72" — M-245B SANITARY SEWER MH ;s E)(IST 72" M-245B COLD SANITARY S EVVER - SPRINGSRD two s LEGEND TEXRAIL MAINLINE 0 100, E HIBITAI EX]ST72" M-245B WASTEWATER 1" = 100' • PROP 7 " - 45B ss MH DEVELOPER. TRINITY METRO 801 CHERRY STREET, SUITE 850 FORT WORTH, TX 76102 72" SANITARY SEWER M-245B PHONE 817-215-8600 MANHOLE RELOCATION PROJECT SHEET 2 OF 2 00 42 43 DAP-BID PROPOSAL Page 1 of I SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification Unit of Bid Unit Price Bid Value No. Description Section No. Measure Quantity UNIT It:SANITARY SEWER IMPROVEMENTS 1 0170.0100 Mobilization LS 01 7000 1 S0�• __.OIAD•__ 2 0171.0102 As-Built Survey LS 01 71 23 1 /i OGb.°� /�G00. " 3_ 3110.0101_Site Clearing LS_ _ 31 10_0_0 1 _S/�GsO•'�' �/�cb. " 4 3301.0_001 Pre-CCTV Inspection LF 3301 31_ - 200 _ /0." 7•V� 5 3301.0002 Post-CCTV_Inspection_ LF 330131 _ 200 _tea OGiO•°� 6 3305.0109 Trench Safety _ _ LS 330510 1 7 3305.0112 Concrete Collar EA 33 05 17 1 C 000•� 5, 0-00•" 3339.0001 Epoxy Manhole Liner VF g 33 39 60 �pp.do 7�0()0- 00 14 9 3339.1163 5'Extra Depth Manhole VF 33 39 10, 75_0 (a 000.°O 33 39 20 S 3339.1105 5'Type A Manhole EA 33 39 10, °o do 10 333920 GO•oOD. (Q�aap, 11 3292.0200 Seeding, Broadcast SY 32 92 13 100 !i;� "� _y�00•b" 12 - -- - - — - —- -- - --- 13 -- 14 - - 15 -- -- 16 _ 17 - - - 18 - 19 - - TOTAL UNIT It:SANITARY SEWER IMPROVEMENTS Bid Summary UNIT Il:SANITARY SEWER IMPROVEMENTS Total Construction Bid This Bid is submitted by the entity named below: n� n BIDDER: BY: !'/duoAolv4 easeAale of TeVa5, 2GC ACA n4z�/V1 Cot(( Qe � T Cos,GCC TITLE: l(e 5 J din DATE: Contractor agrees to complete WORK for FINAL ACCEPTANCE within ie1 worldng days after the date when the CONTRACT commences to run as provided in the General Conditions. Go END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Form Version May 22,2019 ResourcesP_30-New Development Resources—specs and Contract Documents_00 42 43_Bid Proposal_DAP.xls