HomeMy WebLinkAboutContract 42347 r
COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No. o L
WHEREAS,the undersigned "Developer" desires to make certain improvements(refer
to the name of the project at the bottom of the page)an addition to the City of Fort Worth,
Texas; and
WHEREAS,the said Developer has requested the City of Fort Worth,a home-rule
municipal corporation situated in Tarrant,Denton,Parker,and Wise Counties,Texas,hereinafter
called "City",to do certain work in connection with said improvements.
Developer Information:
Developer Company Name: Cosmos Foundation,Inc.
Authorized Signatory: Oner Ulvi Celepcikay
Title:President
Project Name:Harmony School
Project Location: 8080 W.Cleburne Road
Additional Streets:N/A
Plat Case No.: FP-010-035 Plat Name: Harmony School Addition
Mapsco: 103Q Council District: 6 City Project No: 01685
To be completed staff
Received Date: I
CFA: 2011-001 DOE: 6611
,F
1
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.
B. Developer shall provide financial security in conformance with paragraph
6, Section II, of the Policy and recognizes that there shall be no reduction
in the collateral until the Project has been completed and the City has
officially accepted the infrastructure. Developer further acknowledges
that said process requires the contractor to submit an Affidavit of Bills
paid signed by its contractor and Consent of Surety signed by its surety
to ensure the contractor has paid the sub-contractor and suppliers in full.
Additionally, the contractor will provide in writing that the contractor
has been paid in full for all the services provided under this contract.
C. Developer agrees to cause the construction of the improvements
contemplated by this Agreement and that said construction shall be
completed in a good and workmanlike manner and in accordance with all
City standards and the City-approved construction plans, specifications and
cost estimates provided for the Project and the exhibits attached hereto.
D. The following checked exhibits are made a part hereof. Water (A)_?�_,
Sewer (A-1) X , Paving (B) X . Storm Drain (B-1) X__, Street
Lights& Signs(C)—
E. The Developer shall award all contracts for the construction of community
facilities in accordance with Section 11, paragraph 7 of the Policy and the
contracts for the construction of the public infrastructure shall be
administered in conformance with paragraph 8. Section 11, of the Policy.
Combined CFA final Sept 12,2008 2
F. For all infrastructure included in this Agreement for which the Developer
awards construction contract(s), Developer agrees to the following:
i. To employ a construction contractor who is approved by the director of
the department having jurisdiction over the infrastructure to be
constructed, said contractor to meet City's requirements for being
insured, licensed and bonded to do work in public streets and/or
prequalified to perform water/waste water construction as the case may
be.
ii. To require its contractor to furnish to the City a payment and
performance bond in the names of the City and the Developer for one
hundred percent (100%) of the contract price of the infrastructure, and a
maintenance bond in the name of the City for one hundred percent
(100%) of the contract price of the infrastructure for a period of two (2)
years insuring the maintenance and repair of the constructed
infrastructure during the term of the maintenance bond. All bonds to be
furnished before work is commenced and to meet the requirements of
Chapter 2253, Texas Government Code.
iii. To require the contractor(s) it hires to perform the construction work
contemplated herein to provide insurance equal to or in excess of the
amounts required by the City's standard specifications and contract
documents for developer-awarded infrastructure construction contracts.
The City shall be named as additional insured on all insurance required
by said documents and same will be evidenced on the ACORD
Certificate of Insurance supplied by the contractor's insurance provider
and bound in the construction contract book.
iv. To require its contractor to give 48 hours notice to the City's
Construction Services Division of intent to commence construction so
that City inspection personnel will be available; and to require the
contractor to allow the construction to be subject to inspection at any
and all times by City inspection forces, and not to install or relocate any
sanitary sewer, storm drain, or water pipe unless a responsible City
inspector is present and gives his consent to proceed, and to make such
laboratory tests of materials being used as may be required by the City.
v. To require its contractor to have fully executed contract documents
submitted to the City to schedule a Pre-Construction Meeting. The
3
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
DF,VFLOPF,R, his contractors. sub-contractors, officers. agents or
employees, whether or not such injuries, death or damages are
caused, in whole or in Dart, by the alleged negligence of the City of
Combined CFA final Sept 12,2008 4
Fort Worth, its o—Mcers,servants, or employees
M. Developer will further require its contractors to indemnify, defend and
hold harmless the City, its officers, agents and employees from and against
any and all claims, suits or causes of action of any nature whatsoever,
whether real or asserted, brought for or on account of any injuries or
damages to persons or property, including death, resulting from, or in any
way connected with, the construction of the infrastructure contemplated
herein, whether or not such injuries, death or damages are caused, in
whole or in part, by the alleged negligence of the City of Fort
Worth, its officers,servants, or employee& Further, Developer will require
its contractors to indemnify, and hold harmless the City for any losses,
damages, costs or expenses suffered by the City or caused as a result of
said contractor's failure to complete the work and construct the
improvements in a good and workmanlike manner, free from defects, in
conformance with the Policy, and in accordance with all plans and
specifications and shall cause to be executed and delivered to the City an
indemnity agreement from such contractors on a form to be promulgated
by the City.
N. Upon completion of all work associated with the construction of the
infrastructure and improvements, Developer will assign to the City a non-
exclusive right to enforce the contracts entered into by the Developer with
its contractor along with an assignment of all warranties given by the
contractor, whether express or implied. Further, Developer agrees that all
contracts with any contractor shall include provisions granting to the City
the right to enforce such contracts as an express intended third party
beneficiary of such contracts.
O. Inspection and material testing fees are required as follows:
i. Developer shall pay in cash water and wastewater inspection fees and
material testing fees equal to two percent (2%) for a total of 4% of the
developer's share of the total construction cost as stated in the construction
contract.
ii. Developer shall pay in cash paving and 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.
5
iii. Developer shall pay in cash the total cost of streetlights or if the city is
not installing the streetlights, inspection fees equal to four percent(4%) of
the developer's share of the streetlight construction cost as stated in the
construction contract.
iv. Developer shall pay in cash the total cost of street signs.
P. COMPLETION WITHIN 2 YEARS
i. The City's obligation to participate (exclusive of front foot charges) in
the cost of the community facilities shall terminate if the facilities are
not completed within two (2) years; provided, however, if construction
of the community facilities has started within the two year period, the
developer may request that the CFA be extended for one year. If the
community facilities are not completed within such extension period,
there will be no further obligation of the City to participate. City
participation in a CFA shall be subject to the availability of City funds
and approval by the Fort Worth City Council.
ii. Nothing contained herein is intended to limit the Developer's
obligations under the Policy,this Agreement,its financial guarantee,
its agreement with its contractor or other related agreements.
iii. The City may utilize the Developer's financial guarantee submitted for
this Agreement to cause the completion of the construction of the
community facilities if at the end of two (2) years from the date of this
Agreement the community facilities have not been completed and
accepted.
iv. The City may utilize the Developer's financial guarantee to cause the
completion of the construction of the community facilities or to cause
the payment of costs for construction of same before the expiration of
two (2) years if the Developer breaches this Agreement, becomes
insolvent or fails to pay costs of construction and the financial guarantee
is not a Completion Agreement. If the financial guarantee is a
Completion Agreement and the Developer's contractors and/or suppliers
are not paid for the costs of supplies and/or construction, the contractors
and/or suppliers may put a lien upon the property which is the subject of
the Completion Agreement.
Combined CFA final Sept 12,2008 6
Cost Summary Sheet
Project Name: Harmony School
CFA No.:2011-001 DOE No.: 6611
An Engineer's Estimate of Probable Cost is acceptable. However, the construction contract.
price will ultimately determine the amount of CFA fees and financial guarantee. The bid price
and any additional CFA payments will be required prior to scheduling a pre-construction
meeting.
An itemized estimate corresponding to each project-specific exhibit is required to support the
following information.
Items Developer's Cost
A. Water and Sewer Construction
1. Water Construction $ 119,881.50
2.Sewer Construction $ 9,950.00
Water and Sewer Construction Total $ 129,831.50
B. TPW Construction
1.Street $ 115,531.50
2.Storm Drain $ 53,675.00
3.Street Lights Installed by Developer $ -
TPW Construction Cost Sub-Total $ 169,206.50
Total Construction Cost(excluding the fees): $ 299,038.00
Construction Fees:
C. Water/Sewer Inspection Fee(2%) $ 2,596.63
D. Water/Sewer Material Testing Fee(2%) $ 2,596.63
Sub-Total for Water Construction Fees $ 5,193.26
E. TPW Inspection Fee(4%) $ 6,768.26
F. TPW Material Testing(2%) $ 3,384.13
G. Street Light Inspsection Cost $ -
H. Street Signs Installation Cost $ -
Sub-Total for TPW Construction Fees $ 10,152.39
Total Construction Fees: $ 15,345.65
Choice
Financia/Guarantee Options,choose one Amount (ck one
Bond=100% $ 299,038.00
Completion Agreement=100%/Holds Plat $ 299,038.00
Cash Escrow Water/Sanitary Sewer-125% $ 162,289.38
Cash Escrow Paving/Storm Drain=125% $ 211,508 13
Letter of Credit= 125%w/2yr expiration period $ 373,797 50
7
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 ,3 17*4"k. day
of S A n _ os ez ,20 " -
CITY OF FORT WORTH-Recommended by:
Water Department Transportation & Public Works Department
7 - a� (.i, j
iendyChi-Babulal,EMBA,P.E. Doug W. Wiersig,P.E.
Development Engineering Manager Director
Approve Form &Legality: Approved by City Manager's Office
Douglas W. Black Fernando Costa
Assistant City Attorney Assistant City Manager
ATTEST:
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V #tea ��
Marty Hendrix �o° o �
City Secretary
NO M&C ,,ojjjRjzr � � �4 AY
a r�xc► .oa
ATTEST Cosmos Foundation,Incc..An���4
Signature Signature
(Print)Name: Print Name: Oner Ulvi Celepcikay
Title:President
s 1
t y
r
Combined CFA final Sept 12,2008 8
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
(Remainder of Page Intentionally Left Blank)
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PART B—PROPOSAL
DEVELOPER AWARDED CONTRACTS
This proposal must not be removed from this book of Contract Documents.
TO: COSMOS FOUNDATION
PROPOSAL FOR: PROJECT NAME: Harmony School Addition, Lot 1, Block 1
WATER PROJECT NO. P265-606150168583
SEWER PROJECT NO. P275-706130168583
FILE NO.W-2164
X NO. 21469
CITY PROJECT NO, 01685
Includes the furnishing of all materials, except materials specified to be furnished by the City,
equipment and labor for the installation of WATER SANITARY SEWER STORM DRAIN AND
PAVING IMPROVEMENTS and all necessary appurtenances and incidental work to provide a
complete and serviceable project designated as:
HARMONY SCHOOL ADDITION LOT 1 BLOCK 1
Pursuant to the foregoing 'Notice to Bidders', the undersigned Bidder, having thoroughly
examined the Contract Documents, including plans, special contract documents, the General
Contract Documents and General Specifications for Water Department Projects, the General
Contract Documents and General specifications for Transportation and Public works Projects,
the site of the project and understanding the amount of work to be done, and the prevailing
conditions, hereby proposes to do all the work, furnish all labor, equipment and material except
as specified to be furnished by the City, which is necessary to fully complete the work as
provided in the Plans and Contract Documents and subject to the inspection and approval of the
Director of the Department of Transportation & Public Works of the City of Fort Worth, Texas;
and binds himself upon acceptance of this Proposal to execute a contract and furnish an approved
Performance Bond, Payment Bond, Maintenance Bond, and such other bonds, if any, as may be
required by the Contract Documents for the performing and completing of the said work.
Contractor proposes to do the work within the time stated and for the following sums:
Updated 8 30 2010
UNIT L WATER
ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL
NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT
(Furnish and install, including all appurtenant work, complete in place, the following items)
(D-No. refers to related items in the Part D Special Conditions:)
Item Approx. Unit Item Description Unit Price Total
No. Quantity Measurement "D" Item reference Amount
36X10 Tapping Sleeve
Valve
Bid 00670 1 Each Five Thousand Dollars $5,000.00 $5,000.00
And Zero Cents
Per Unit
Pipe-Pressure-10 Inch—Install
Bid 00588 1037 LF Fifty Five Dollars $55.00 $57,035.00
And Zero Cents
Per Unit
Pipe-Pressure-8 Inch—Install
Bid 00618 378 LF Forty Eight Dollars $48.00 $18,144.00
And Zero Cents
Per Unit
Valve-10 Inch-Gate Valve
wBox—Install
Two Thousand Seven Hundred
Bid 00715 3 Each Fifty Dollars $2,750.00 $8,250.00
And Zero Cents
Per Unit
Valve-8 Inch-Gate Valve
wBox—Install
Two Thousand Five Hundred
Bid 00749 4 Each Dollars $2,500.00 $10,000.00
And Zero Cents
Per Unit
Meter Box Class B —Install
Eight Hundred Fifty Dollars
Bid 00566 2 Each $850.00 $1,700.00
And Zero Cents
Per Unit
I ,dated:8 30'0 0
Concrete Blocking—Install
Two Hundred Eighty Five
Bid 00538 2.5 CY Dollars $285.00 $712.50
And Zero Cents
Per Unit
Pipe Fittings- <Than 16 Inch
DI Pipe—Install
Bid 00568 0.5 Ton Six Thousand Dollars $6,000.00 $3,000.00
And Zero Cents
Per Unit
Pavement Repair-Concrete
(per STR-031)—Install
Bid 00458 690 SF Six Dollars $6.00 $4,140.00
And Zero Cents
Per Unit
Water Service-1 '/2 Inch-Tap
to Main—Install
Two Thousand Nine Hundred
Bid 00755 1 Each Dollars $2,900.00 $2,900.00
And Zero Cents
Per Unit
Water Service-2 Inch-Tap to
Main—Install
Three Thousand Five Hundred
Bid 00767 1 Each Dollars $3,500.00 $3,500.00
And Zero Cents
Per Unit
Reconstruct Air Release
Valve —Install
Two Thousand Five Hundred
Bid 00619 1 Each Dollars $2,500.00 $2,500.00
And Zero Cents
Per Unit
Vault Adjustment to Grade--
Install
Bid 00752 1 Each Three Thousand Dollars $3,000.00 $3,000.00
And Zero Cents
Per Unit
TOTAL AMOUNT BID WATER $119,881.50
1pdated 8 ;u,ow
UNIT II: SEWER
ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL
NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT
(Furnish and install, including all appurtenant work, complete in place, the following items)
(D-No. refers to related items in the Part D Special Conditions:)
Item Approx. Unit Item Description Unit Price Total
No. Quantity Measurement "D"Item reference Amount
Sewer-Service-6 Inch-Service
Tap Install
Four Thousand Five Hundred
Bid 00366 1 Each $4,500.00 $4,500.00
Dollars
And Zero Cents
Per Unit
Manhole-4 Ft—Install
Four Thousand Five Hundred
Bid 00118 I Each Dollars $4,500.00 $4,500.00
And Zero Cents
Per Unit
Manhole-Vacuum Test
Services
Bid 00217 1 Each Nine Hundred Fifty Dollars $950.00 $950.00
And Zero Cents
Per Unit
TOTAL AMOUNT BID SEWER $9,950.00
lI'd a)ed 8 10 2oln
UNIT III: PAVING IMPROVEMENTS
ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL
NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT
(Furnish and install, including all appurtenant work, complete in place, the following items)
(D-No. refers to related items in the Part D Special Conditions:)
*Example Format*
Item Approx. Unit Item Description Unit Price Total
No. Quantity Measurement "D" Item reference Amount
Excavation—Remove
Bid 00418 850 CY Six Dollars $6.50 $5,525.00
And Fifty Cents
Per Unit
Subgrade Lime for
Stabilization—Install
Bid 00496 33 Ton One Hundred Forty Five Dollars $145.00 $4,785.00
And Zero Cents
Per Unit
Subgrade- Lime Stabilized—
30#/SY—Install
Bid 00498 1810 SY Three Dollars $3.50 $6,335.00
And Fifty Cents
Per Unit
6"High Volume Driveway
Install
Bid 00401 266 SY Forty Five Dollars $45.00 $11,970.00
And Zero Cents
Per Unit
T' Pavement Concrete (Left
Turn lane and Median) —
Install
Bid 00429 1380 SY Fifty Dollars $50.00 $69,000.00
And Zero Cents
Per Unit
Curb-6 Inch— Install
O
Bid 00842 1011 LF nc Dollars 1;1.50 $1,516.50
And Fifty Cents
Per Unit
l 1pdatal:8?0 2010
6" Topsoil—Install
Bid 00147 1350 CY Twenty Five Dollars $25.00 $33,750.00
And Zero Cents
Per Unit
Grass-Hydromulch Seeding
Install
Bid 00134 4600 SY One Dollars $1.00 $4,600.00
And Zero Cents
Per Unit
Traffic Control—Install
Bid 00181 1 Lump Sum Two Thousand Dollars $2,000.00 $2,000.00
And Zero Cents
Per Unit
Erosion Control—Install
Bid 00125 1 Lump Sum Five Thousand Dollars $5,000.00 $5,000.00
And Zero Cents
Per Unit
Irrigation Sleeve—Install
Bid 00800 165 LF Seven Dollars $7.00 $1,155.00
And Zero Cents
Per Unit
Pavement Marking-Lane
Markers Type II-CR-4
Install
Bid 00434 18 Each $5.00 $90.00
Five Dollars
And Zero Cents
Per Unit
Pavement Marking-Lane
Markers Type W-4—Install
Bid 00435 60 Each Three Dollars $3.00 $180.00
And Zero Cents
Per Unit
TOTAL AMOUNT BID PAVING $115,531.50
111)dated 8 .0 '0 10
UNIT IV: STORM IMPROVEMENTS
ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL
NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT
(Furnish and install, including all appurtenant work, complete in place, the following items)
(D-No. refers to related items in the Part D Special Conditions:)
*Exam le Format*
Item Approx. Unit Item Description Unit Price Total
No. Quantity Measurement "D"Item reference Amount
Pipe-36 Inch-CL III —Install
Bid 00085 11 LF One Hundred Dollars $100.00 $1,100.00
And Zero Cents
Per Unit
Pipe-21 Inch-CL III —Install
Bid 00081 9 LF Seventy Five Dollars $75.00 $675.00
And Zero Cents
Per Unit
Pipe-18 Inch-CL III Install
Bid 00121 5 LF Fifty Dollars $50.00 $250.00
And Zero Cents
Per Unit
Manhole- 5 Ft—Install
Five Thousand Five Hundred
Bid 00117 1 Each Dollars $5,500.00 $5,500.00
And Zero Cents
Per Unit
Headwall-42 Inch Pipe
Install
Bid 00076 1 Each Nine Thousand Dollars $9 000.00 $9,000.00
And Zero Cents
Per Unit
Headwall-36 Inch Pipe
Install
Seven Thousand Five Hundred
Bid 00075 1 Each Dollars 57,500.00 57,500.00
And Zero Cents
Per Unit
t!pdated-8 30'M
Detention Pond Excavation
Install
Bid 00065 2350 CY Four Dollars $4.00 $9,400.00
And Zero Cents
Per Unit
6" Topsoil — Install
Bid 00147 675 CY Twenty Five Dollars $25.00 $16,250.00
And Zero Cents
Per Unit
Grass-Hydromulch Seeding
Install
Bid 00134 4000 SY One Dollars $1.00 $4,000.00
And Zero Cents
Per Unit
TOTAL AMOUNT BID STORM DRAIN $53,675.00
Updated:8 30 3010
BID SUMMARY
TOTAL AMOUNT BID WATER $119,881.50
TOTAL AMOUNT BID SEWER $9,950.00
TOTAL AMOUNT BID PAVING $115,531.50
TOTAL AMOUNT BID STORM DRAIN $53,675.00
GRAND TOTAL AMOUNT BID $299,038.00
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