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HomeMy WebLinkAboutContract 47658 CITY SECRETARY,";q N1, CONTRACT MO. Community Facilities Agreement and Project Information Cover Sheet: Company Name: BNSF Railway Company Address, State,Zip Code: 2301 Lou Menk Dr,Fort Worth, TX 76131 Phone &Email: 817-352-6461,blaine.bilderback@bnsf.com Authorized Signatory, Title: Mark Ude, Assistant Vice President Real Estate Project Name and Brief Description: BNSF DR Facility Project Location: 14900 John Day Rd Plat Case Number: None Plat Name: None Mapsco: None Council District: 7 City Project Number: 100019 CFA Number: 2015-087 DOE Number: N/A To be completed by staff.- Received by: ._ Date: gip 11 12-4 1� 40 OFFICIAL RECORD City of Fort worth-BNSF CITY SECRETARY Community Facilities Agreement—Modified by the PartiesFTS WORTH,TX CFA Official Release Date: 07.30.2015 Page 1 of 11 d Z1 <t Cv b STANDARD COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. WHEREAS, BNSF Railway Company, (`BNSF"), desires to make certain specific improvements as described below and on the exhibits attached hereto ("Improvements") related to a project generally described as BNSF Dispatch/DR Facility ("Project") within the City or the extraterritorial jurisdiction of Fort Worth, Texas ("City"); and WHEREAS, the City has no obligation to participate in the cost of the Improvements or Project; and WHEREAS, any future City participation in this CFA is subject to the availability of City funds and approval by the Fort Worth City Council and shall be memorialized as an amendment to this Agreement; and WHEREAS, BNSF and the City desire to enter into this Community Facilities Agreement ("CFA" or "Agreement") in connection with the collective Improvements for the Proj ect. NOW, THEREFORE, for and in consideration of the covenants and conditions contained herein, the City and BNSF do hereby agree as follows: General Requirements A. The Policy for the Installation of Community Facilities ("Policy") dated March 2001, approved by the City Council of the City of Fort Worth, as amended, is hereby incorporated into this Agreement as if copied herein verbatim. BNSF agrees to comply with all applicable provisions of said Policy in the performance of its duties and obligations hereunder and to cause all contractors hired by BNSF to comply with the applicable provisions of the Policy in connection with the work performed by said contractors. B. BNSF shall provide financial security in conformance with paragraph 6, Section II, of the Policy and recognizes that there shall be no reduction in the collateral until the Project has been completed and the City has officially accepted the Improvements. BNSF further acknowledges that said acceptance process requires the BNSF's contractor(s) to submit City of Fort Worth-BNSF Community Facilities Agreement—Modified by the Parties CFA Official Release Date: 07.30.2015 Page 2 of 11 a signed affidavit of bills paid and consent of Surety signed by its surety to ensure the contractor has paid any sub-contractor(s) and suppliers in full. Additionally, the contractor will provide in writing that the contractor has been paid in full by BNSF for all the services provided under this contract. C. BNSF 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 describe the Improvements and are incorporated herein: Water (A) Z, Sewer (A-1) N, Paving (B) ❑, Storm Drain (B-1) ❑, Street Lights & Signs (C) ❑. E. BNSF shall award all contracts for the construction of the Improvements in accordance with Section II, paragraph 7 of the Policy and the contracts shall be administered in conformance with paragraph 8, Section II, of the Policy. BNSF shall ensure its contractor(s) pays the then-current City-established wage rates. F. For all Improvements included in this Agreement for which BNSF awards construction contract(s), BNSF 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 prequalified, insured, licensed and bonded to do work in public ways and/or prequalified to perform water/wastewater 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 BNSF 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 from the date of final acceptance insuring the maintenance and repair of the constructed infrastructure during the term of the maintenance City of Fort Worth-BNSF Community Facilities Agreement—Modified by the Parties CFA Official Release Date: 07.30.2015 Page 3 of 11 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 Certificate of Insurance (ACORD or other state- approved form) supplied by the contractor's insurance provider and bound in the construction contract book. iv. To require its contractor to give 48 hours advance notice of intent to commence construction to the City's Construction Services Division so that City inspection personnel will be available; to require the contractor to allow the construction to be subject to inspection at any and all times by City inspection forces, to not 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 in order 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 BNSF's contractor. vi. To delay connections of buildings to service lines of sewer and water mains constructed under this Agreement, if any, until said sewer and water mains and service lines have been completed to the satisfaction of the Water Department. G. BNSF shall provide at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to construct the improvements under this Agreement. H. BNSF shall cause the installation or adjustment of the required utilities to serve the development or to construct the Improvements required herein. City of Fort Worth-BNSF Community Facilities Agreement—Modified by the Parties CFA Official Release Date: 07.30.2015 Page 4 of 11 I. City shall not be responsible for payment of any costs that may be incurred by BNSF in the relocation of any utilities that are or may be in conflict with any of the community facilities to be installed hereunder. J. BNSF 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 BNSF for this Agreement. K. BNSF agrees to provide, at its expense, all necessary rights of way and easements across property owned by BNSF and required for the construction of the current and future improvements provided for by this Agreement. L. BNSF 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 performed by BNSF, its contractors, subcontractors, officers, agents or employees, or in consequence of any failure to properly safeguard the work, or on account of any intentional or negligent act, neglect or misconduct of BNSF, its contractors, sub-contractors, officers, agents or employees. Notwithstanding the foregoing, BNSF shall have no liability for (i) injuries or damages to the extent caused by or arising from the gross negligence or willful misconduct of the City of Fort Worth, its officers, servants, or employees, but shall apply to all other liabilities, including those arising from or attributed to any other alleged or actual negligence or intentional acts of any indemnitee; (ii)punitive damages imposed against the City of Fort Worth, its officers, servants, or employees arising out of the acts or omissions of such parties, or (iii) the alleged negligence of the City of Fort Worth, its officers, servants, or employees resulting from or in connection with the ownership, maintenance or operation of any public infrastructure following completion of construction of such infrastructure and official acceptance by the City. M. BNSF 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 City of Fort Worth-BNSF Community Facilities Agreement—Modified by the Parties CFA Official Release Date: 07.30.2015 Page 5 of 11 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. Notwithstanding the foregoing, BNSF shall have no liability to the City of Fort Worth under its contractor's indemnity obligations for (i) injuries or damages to the extent caused by or arising from the gross negligence or willful misconduct of the City of Fort Worth, its officers, servants, or employees, but shall apply to all other liabilities, including those arising from or attributed to any other alleged or actual negligence or intentional acts of any indemnitee: (ii) punitive damages imposed against the City of Fort Worth, its officers, servants, or employees arising out of the acts or omissions of such Parties; or (iii) the alleged negligence of the City of Fort Worth, its officers, servants, or employees resulting from or in connection with the ownership, maintenance or operation of any public infrastructure following completion of construction of such infrastructure and official acceptance by the City. Further,BNSF will require its contractors to indemnify, and hold harmless the City for any losses, damages, costs or expenses suffered by the City or caused as a result of said contractor's failure to complete the work and construct the improvements in a good and workmanlike manner, free from defects, in conformance with the Policy, and in accordance with all plans and specifications. N. Upon completion of all work associated with the construction of the Improvements, BNSF will assign to the City a non-exclusive right to enforce the contracts entered into by BNSF with its contractor along with an assignment of all warranties given by the contractor, whether express or implied. Further, BNSF 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. BNSF 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. BNSF 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% City of Fort Worth-BNSF Community Facilities Agreement—Modified by the Parties CFA Official Release Date:07.30.2015 Page 6 of 11 of the BNSF's share of the total construction cost as stated in the construction contract. iii. BNSF 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. BNSF shall pay in cash the total cost of street signs. P. COMPLETION WITHIN 2 YEARS i. BNSF shall complete the Improvements within two (2) years, provided, however, if construction of the Improvements has started within the two year period, BNSF may request that the CFA be extended for one additional year. ii. Nothing contained herein is intended to limit BNSF's obligations under the Policy, this Agreement, its financial guarantee, its agreement with its contractor or other related agreements. iii. The City may utilize BNSF'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 (and any extension period) the Improvements have not been completed and accepted. iv. The City may utilize BNSF's financial guarantee to cause the completion of the construction of the Improvements or to cause the payment of costs for construction of same before the expiration of two (2) years if BNSF 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 BNSF's contractors and/or suppliers are not paid for the costs of supplies and/or construction, the contractors and/or suppliers may put a lien upon the property which is the subject of the Completion Agreement. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) City of Fort Worth-BNSF Community Facilities Agreement—Modified by the Parties CFA Official Release Date: 07.30.2015 Page 7 of 11 Cost Summary Sheet Project Name: BNSF Dispatch/DR Facility CFA No.: 2015-087 DOE No.: N/A 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 $ 405,886.00 2.Sewer Construction $ 555,836.00 Water and Sewer Construction Total $ 961,722.00 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): $ 961,722.00 Construction Fees: C. Water/Sewer Inspection Fee(2%) $ 19,234.44 D. Water/Sewer Material Testing Fee(2%) $ 19,234.44 Sub-Total for Water Construction Fees $ 38,468.88 E. TPW Inspection Fee(4%) $ - F. TPW Material Testing(2%) $ G. Street Light Inspsection Cost $ H. Signals Inspection Cost $ H. Street Signs Installation Cost $ Sub-Total for TPW Construction Fees $ - Total Construction Fees: $ 38,468.88 Choice Financial Guarantee Options,choose one Amount Mark one Bond=100% $ 961,722.00 X Completion Agreement=100%/Holds Plat $ 961,722.00 Cash Escrow Water/Sanitary Sewer=125% $ 1,202,152.50 Cash Escrow Paving/Storm Drain=125% $ - Letter of Credit=125%w/2yr expiration period $ 1,202,152.50 City of Fort Worth-BNSF Community Facilities Agreement—Modified by the Parties CFA Official Release Date:07.30.2015 Page 8 of 11 ACCORDINGLY,the City of Fort Worth and BNSF have each caused this instrument to be executed in quadruplicate in each entity's respective name by its duly authorized signatories effective as of the date executed by the City's City Manager or his/her designee. CITY OF FORT WORTH BNSF RAILWAY CO. Jesus J. Chapa Name: Mark Ude Assistant City Manager Title: Assistant Vice President Real Estate Date: ® Date: , LO-of Recommended by: ATTEST: (Only if required by BNSF) �3��L L Wendy Chi-Bajydlal, EMBA, P.E. Signature Development Engineering Manager Name: Water Department ®F F Opp Doug as W. Wiersig, P.E. Director 01 Transportation&Public Works Department C,1$ � U ATTEST: ooh, Approved as to Form &Legality: j►° "� Mary J. Richard A. McCracken City Sec Va� Assistant City Attorney M&C No. 14A Date: +�!���4 F;,cw%, NIA City of Fort Worth-BNSF Community Facilities Agreement—Modified by the Parties OFFICIAL RECORD CFA Official Release Date:07.30.2015 CITY SECRETARY Page 9 of 11 FT.WORTH,TX Check items associated with the project being undertaken; checked items must be included as Attachments to this Agreement Included Attachment ® Attachment 1 - Changes to Standard Community Facilities Agreement © Location Map ® Exhibit A: Water Improvments ® Exhibit A-1: Sewer Improvements ® Water& Sewer Cost Estimate ❑ Exhibit B: Paving Improvements ❑ Paving Cost Estimate ❑ Exhibit B-1: Storm Drain Improvements El Storm Drain Cost Estimate ❑ Exhibit C: Street Lights and Signs Improvements ❑ Street Lights and Signs Cost Estimate (Remainder of Page Intentionally Left Blank) City of Fort Worth-BNSF Community Facilities Agreement—Modified by the Parties CFA Official Release Date:07.30.2015 Page 10 of 11 ATTACHMENT"1" Changes to Standard Agreement Community Facilities Agreement City Project No. 100019 None City of Fort Worth-BNSF Community Facilities Agreement—Modified by the Parties CFA Official Release Date: 07.30.2015 Page 11 of 11 5jf F o�e PROPOSED E BNSF DISPATCHER DR/ j AINING BUILDING I PROPOSED 12" WA R (IN EXI ING R.O.W.) \7 J I/ I 9A Rh Qkit ' ' EXISTING R I -SENDERA RANCH LROAD EAST ADDITION IFUTURE JOHN DAY ROAD r p 3 E Z PROPOSED i i 12" WATER LINE RANCHO CA DRIVE I I FUTURE JOHN DAY ROAD XD- ,- �_-'--- EXHIBIT WATER LINE t----------- EXTENSIONS BNSF DISPATCH/DR FACILITY o Q Baird, Hampton & Brown Inc. Denton County, Texas C] a Engineering 8c Surveying FEBRUARY,2016 6300 15d9lM PhIM 514 780 R Wmlh,TX 76116 T&(81PA38-1277 F=(817)378-9245 E-Ndbm "6i-can FIRM REGISTRATION NO:F-000044/TBPLS FTW FIRM 10011300/TBPLS GV FlRM 10011302 1 1 VN9dM10 PROPOSED _ E BNSF DISPATCHER DR/ AINING BUILDING - - - PROPOSED 8" SAN. SEWER (IN EXISTING ( R.O.W.) Ify\ PRO OSED tom - - " SAN. S WER g z rl \ L END 18" ®N• CREEK 6q BEGIN 8" SAN. SEWER RHy, FOR NORTH EXTENSION TO BNSF SITE i i •SENDERA RANCH EXISTING R ILROAD EAST ADDITION � FUTURE JOHN DAY ROAD i PROPOSED f 18 SAN. SEWER J/ t � RANCHO CA l � DRIVE FUTURE JOHN DAY PROPOSED ROAD 18" SAN. SEWER ----\ I i \ -" EXHIBIT A R h( OCATI N I EX. 30" SAN. SEWER SANITARY SEWER ----------------�-����_-� EXTENSIONS BNSF DISPATCH/DR FACILITY o Baird, Hampton dt Brown, Inc. Denton County, Texas a 0 ® Engineering & Surveying FEBRUARY,2016 [300 BkM�m MM 53.700 R Walk,1X 76116 Tak(817)338-12T/F=(817)33"245 E-MdMw OhAbi�ecan FIRM REGISfRATiON NO:F-000044/TBP1S FTW FIRM 10011300/TBP1S GV FIRM 10011302 BNSF Dispatch/DR Facility John Day Road Fort Worth, Denton County,Texas Sanitary Sewer Easement—Generally along future Right of Way of John Day Road: 18" Sanitary Sewer-40' Easement 8"Sanitary Sewer—20' Easement Sanitary Sewer Easement totaling 108,727 square feet or 2.496 acres. Water Line Easement Generally along future Right of Way of John Day Road: 12" Water Line—15' Easement Water Line Easement totaling 24,904 square feet or 0.571 acre. Wildstone Construction, LLC �._ 800 N. Main Street CO WI S lOt� I.LC Keller,Texas 76248 Phone: 817-431-8245 Fax: 817-562-5910 Quote To: Bennett Benner Partners Bid Date: 1/15/2016 Phone: Attn: Bruce Benner Fax: Project: BNSF Dispatch Water & Sewer Improvements Unit 1 Water improvements Item No. Quantity Unit Description Unit Price Extension 2 4188 LF 12"PVC.Water Pipe 46.00 192,648.00 3 61 LF 8"PVC Water Pipe 37.00 2,257.00 4 215 LF 6" PVC Water Pipe 30.00 6,450.00 5 48 LF 4"Water Pipe 55.50 2,664.00 6 53 LF 2"Water Pipe 38.00 2,014.00 7 1 EA Connection to Exist 36"Water Main 12,100.00 12,100.00 8 10 EA 12" Gate Valve 2,552.50 25,525.00 9 1 EA 8" Gate Valve 1,610.00 1,610.00 10 3 EA 6" Gate Valve 1,220.00 3,660.00 11 3 EA Fire Hydrant 3,519.00 10,557.00 12 2.2 TON D.I. Fittings 6,975.00 15,345.00 13 2 EA 1" Combination Air Valve 4,966.50 9,933.00 14 4250 LF Trench Safety 1.00 4,250.00 15 1 LS 2"Auto Flush Valve 5,369.00 5,369.00 16 93 LF 24"Casing by Bore 410.00 38,130.00 17 216 LF 12"Casing by Bore 268.00 57,888.00 18 1 EA 3"Water Meter&Vault 12,146.00 12,146.00 19 1 EA 2"Water Meter&Vault 3,340.00 3,340.00 Total Amount Bid - Unit 1 $ 405,886.00 Unit II Sanitary Sewer Improvements Item No. Quantity Unit Description Unit Price Extension 1 100 SY Remove Asphalt Pavement 33.50 3,350.00 2 2430 LF 18"Sewer Pipe 67.50 164,025.00 3 110 LF 18" Sewer Pipe CSS Backfill 88.50 9,735.00 4 1628 LF 8" PVC Sewer Pipe 6'-8' 40.00 65,120.00 5 990 LF 8" PVC Sewer Pipe 8'- 10' 42.00 41,580.00 6 629 LF 8" PVC Sewer Pipe 10'- 12' 44.50 27,990.50 7 70 LF 8" PVC Sewer Pipe 12'- 14' 47.00 3,290.00 8 54 LF 8" PVC Sewer Pipe 16'- 18' 51.00 2,754.00 9 500 LF 8" DIP Sewer Pipe 12'- 14' 72.50 36,250.00 Bid for: BNSF Water&Sewer Page 1 of 2 10 50 LF 6" PVC Sewer Pipe 6'-8' 36.00 1,800.00 11 77 LF 4'Sewer Pipe 62.50 .4,812.50 12 19 EA 4'Manhole 3,125.00 59,375.00 13 134 VF 4' Extra Depth Manhole 185.00 24,790.00 14 10 EA Trench Water Stops 987.50 9,875.00 15 72 LF 12" Casing by Bore 312.00 22,464.00 1.6 120 LF 16"Casing by Bore 400.00 48,000.00 17 700 LF 6'Wide Asphalt Pavement Repair 43.75 30,625.00 Total Amount Bid-Unit 11 $ 555,836.00 Grand Total Amount Units I & II $ 961,722.00 Respectfully Submitted, x Byrnie Taylor Wildstone Construction, LLC 817-825-3428 Bid for:BNSF Water&Sewer Page 2 of 2