HomeMy WebLinkAboutContract 45150 COMMUNITY.FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF T § Contract No.,
WHEREAS., the undersigned Developer ("Developer") desires to make certain
improvements ("Improvements") related to a project as described below ("Prqiect") within the City
of Fort Worth Texas('City")�- and
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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: Hayes& Stolz Industrial Manufacturing Company, Inc.
Address, State,Zip Code-. 3521 Hemphill Street I fort'`worth,TX 76110
Phone,E-M ail- (817)926-33 91, 1 bJ mast@,ha s- tolz. or
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Authorized Signatory/Title-. B,.J. Masters,Vice President
Project Name and Brief Description: Water Improvements to serve Ripy Street&Alley
Project Location: 3521 Hemphill Street
P lat Case No.-. N/A Plat Na n.e N/'A
Council District.- 9 City Project No: 11 826 CFA: 2013-072 DOE.- 6765
7`0 be completed b staff.-
Received bly- Date
OFFICIAL RF-CORD
CITy sECRETARY
Mr.WORTH v lrx NOV 2 6 200
.............................
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 bistallation 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
11, 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 snub 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
Pro.ect and the exhibits attached hereto.
D. The following checked exhibits are made a part hereof: Water(A),X—Sever(A-1),
Paving(B) ,Storm.Drain(B-1), , Street Lights& Signs(Q..
E. The Developer shall award all. for the construction of the Improvements in
accordance with Section 11, paragraph 7 of the Policy and the contracts shall be
administered gnu conformance with paragraph 81, Section 11, of the Policy.
F. For all Improvements included in this Agreement for which the Developer awards
construction contract(s),Developer agrees to the f'ollowing:
1. To employ a construction contractor who is approved by the director of the
department havig jurisaiction 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
coin struction as the case may be.
it
contractor to furnish to the City,a payment and performance bond in
To require its coi
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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 ins gyring 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-awa,rded
infrastructure construction contracts. The City shall be named as additional
insured on all insurance required by said documents and same will be evidenced on
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the ACO�RD 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 orces, and not to instal] 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 1mprovements required herein.
1. 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
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facilities to be installed hereunder.
J. Developer hereby releases and agrees to indemul ,, 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
DEVELOPER5 his contractors, sub-contractors, officers, agents or employees,
whether or not such ML`jfries, deatit or llama es are caused in whole or in
part, by the allued nevi ene the gfy Fort Worth,, its o(Licers,sery ant
=s,
or Mp,lo ees.
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 or damgges are caused, M whole or M art a
ne `he Q1 Fort Worth,its o 10
Ificers servants, or yees. 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 contractorls, failure to complete the work and construct the improvements in
al I
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 ifrastructure and
Improvements, Developer will assign to the City a non-exclusive right to enforce the
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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 t:
h .t 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.
!. Inspection and material testin; fees are requi.red as follows:
%, Developer shill 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.
ill. 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 construetion.
contract.
iv. eve loper shall Pay in cash the total cost of street signs,
P. COMPLETIONWITHIN 2 YEARS
I. f applicable,the City's obligation tion 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 he extended for one year. Its the Improvements are not completed
within such extension period, there will he no 'urger 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 's intended to limit the Developer's er',s obfiga ons
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
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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 casts of construction
and the financial. guarantee is not a Completion Agreement. If the financial
guarantee 1s a Completion Agreement and the Developer's contractors and/or
suppliers, are not paid 'far the costs of supplies and/or constructs n.., the contractors
and/or suppliers may put a lien upon the propel which is the ,subject of the
Completion Agreement.
(REMAINDER OF PAGE INT.EN "IONALL 'DEFT BLANK)
Cost Su m1 Sheet
V
Project Name: Water Improvements to serve R.1py Street&Alicy
CFA No.: 2013-072 DOE No..- 6765
Iterns De leper's Cost
A. Water and Sewer Construction
1, Water Construction $ 128,348.50
2.Sewer Construction $
Water and Sewer Construction Total' $ 129,630.50
B. I PW Construction
1.Street $ -
2.Storm Drain $ -
3,Street Lights Installed by Developer $ -
TPIN Construction Cost Total $ -
Total Construction Cost(excluding the fees): $ 129,630.5O
Construction Fees:
C_ WaterlSewer Inspection Fee(2%,) $ 2,592.61
D. Water/Sewer Material Testing Fee(2%,) $ 2,592,61
Sub-Total for Water Construction Fees $ 5,1185.22
E. TPW Inspection Fee(4%) $ -
F. TPW Material Testing(2%) $ -
G. Street Light Inspsection Cost $ -
HI. Street Signs Installation Cost $ -
Sub-Total for TPW Construction Fees $ -
Total Construction Fees: $ 51185.22
Choice
Financial Guarantee 9ptions,choose one Amo un�t (ck one
Bond=11 00% $ 12%630.50
Completion Agreement=100%/Hold's Plat $ 129,630.50
Cash Escrow Water/Sanitary Sewer 125% 162,038.13
Cash,Escrow Pavin /Storm Drain!= 1'2:5% $ -
Letter of Credit= 1125%rig expiration eriod $ 162,038.13 x
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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 sea] of the City affixed,and said Developer has executed this
t . Il-
instrumen in adruplicate, at Fort Worth,Texas,is dayof AXVttlel ht�k-
20j.
CITY OF FORT WORTH Recommended by.-
Water Department Transportation &Public Works Department
1A, Al
lo
Wendy Chi- bulal,EMBA, P.E. Douglas W. Wier sI& P.E.
Development "'ngineen"ng Manager Director
it
Approved av to Form &Legalily.� A a ro d by City Managers Office
Douglas W. Black Fernando Costa
Assistant City Attorney Assistant City Manager
M&C No.
Date:—.,
AT
104"
T
N4
e.
ry J. Kayser
*cc000c'
kcitty Secretary
ATTEST: DEVELOPER.:
Hayes& Stolz Indus rial Manufacturing,Company., Inc.
..........
Signature Signature
(Print)Name: (Print)Name.- 144,.X
Title: 0.ry Title.- I// ez; joec7t�fl Aoe�
".I MOWN'
OFFICIAL RECORD
CITYSECRETARY
FT. T TX
8
Check items associated with the project being undertaken, checked items must be included as
Attachments to this Agreement
Included Attachment
N' Location Map
Exhibit A: Water Improvements
Water Estimate
Exb 1 bit A-I-. Sewer Improvements
Sewer Estimate
Exhibit B.- PavingImprovements
Paving Estimate
Exhibit B-1: Storm Drain Improvements
Storm Drain Estimate
Exhibit C.- Street Lights and Signs Improvements
Street Lights and Signs, Estimate
(.Remainder of Page Intentionally Left Blank)
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