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HomeMy WebLinkAboutContract 50908 COMMUNITY FACILITIES AGREEMENT WITH CITY PARTICIPATION Developer Company Name: Riverbend Investments,LTD Address,State,Zip Code: 2550 S.Precinct Line Rd. Phone&Email: 817-589-9001 kenneth(&kbnewell.com Authorized Signatory,Title: Kenneth Newell,Director Project Name: Trinity Boulevard Sewer Improvements Brief Description: Sewer,Water Project Location: Riverlakes Drive to Salado Trail Plat Case Number: None Plat Name: None Mapsco: 66B Council District: 5 City Project Number: 02290 CFA Number: 2017-113 To be completed by staff Received by:_Evelyn Roberts Date 06/20/2018 °9� Al 12 q 00 � A co a � C �(S RSP ", 'Lb ro Wd OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX City of Fort Worth,Texas Standard Community Facilities Agreement with City Participation-Trinity Boulevard Sewer Improvements CFA Official Release Date:01.22.2017 Page 1 of 12 COMMUNITY FACILITIES AGREEMENT WITH CITY PARTICIPATION THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. WHEREAS, Riverbend Investments. LTD—, ("Developer"), desires to make certain specific improvements as described below and on the exhibits attached hereto ("Improvements") related to a project generally described as Trinity Boulevard ("Project") within the City of Fort Worth, Texas("City"); and WHEREAS,the Developer and the City desire to enter into this Community Facilities Agreement ("CFA" or"Agreement") in connection with the collective Improvements for the Project; and WHEREAS, the City has executed an Interlocal Agreement ("ILA") with Trinity River Authority of Texas ("TRA"), City Secretary Contract Number 49599, through which TRA will pay to the City the cost of the Improvements; and WHEREAS, the City will participate in the cost of the Improvements in this Agreement with the funds the City receives from TRA under the ILA; and WHEREAS, the City's participation in the Project shall be in accordance with the ILA, this Agreement as presented by the Cost Summary Table and Exhibits attached hereto and as authorized by City Council via M&C C-28282 on June 20,2017;and WHEREAS, The City's cost participation with TRA's funds shall be in an amount not to exceed$800.000.00 ("Participation");and WHEREAS,the City has requested the Developer to cause,and the Developer agrees to cause,the design,permitting and construction of the Project for which the City will,subject to City Council approval, reimburse the Developer with TRA's funds that the City receives for the Project. 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 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.Developer agrees to comply with all provisions of said Policy in the performance of its duties and obligations hereunder City of Fort Worth,Texas Standard Community Facilities Agreement with City Participation-Trinity Boulevard SewetWORTH CFA Official Release Date:01.22.2017ORD Page 2 of 12 ARY TX 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 H,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 acceptance process requires the Developer's contractor(s) to submit a signed affidavit of bills paid signed by its contractor 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 Developer for all the services provided under their 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 describe the Improvements and are incorporated herein: Water (A) v'l Sewer (A-1) Z_ Paving (B) L. Storm Drain (B-1) ❑, Street Lights & Signs (C) 7-1, E. The Developer shall award all contracts for the construction of community facilities in accordance with Section II,paragraph 7 of the Policy and the contracts for the construction of the public infrastructure shall be administered in conformance with paragraph 8, Section II, of the Policy. Developer shall ensure its contractor(s) pays the then-current City-established wage rates. F. For all Improvements 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 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 the Developer for one hundred percent(100%) of City of Fort Worth,Texas Standard Community Facilities Agreement with City Participation-Trinity Boulevard Sewer Improvements CFA Official Release Date:01.22.2017 Page 3 of 12 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 from the date of final acceptance 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 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 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, if any,until said sewer and water mains and service lines have been completed to the satisfaction of the Water Department. G. Developer shall provide,at its expense,unless otherwise agreed to by City, all engineering drawings and documents necessary to construct the Improvements under this Agreement. City of Fort Worth,Texas Standard Community Facilities Agreement with City Participation-Trinity Boulevard Sewer Improvements CFA Official Release Date:01.22.2017 Page 4 of 12 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 payment of any costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with any of the community facilities to be installed hereunder. City will be responsible for the costs of utility relocation necessitated by the City's participation in this Agreement. J. Developer hereby releases and agrees to indemnify, defend and hold the City harmless for any inadequacies in the preliminary plans,specifications and cost estimates supplied by the Developer for this Agreement. K. Developer agrees to provide, at its expense, all necessary rights of way and easements across property owned by Developer and required for the construction of the current and future improvements provided for by this Agreement. L. The Developer further covenants and agrees to, and by these presents does hereby,fully indemnify,hold harmless and defend the City,its officers, agents and employees from all suits, actions or claims of any character, whether real or asserted, brought for or on account of any injuries(including death) or damages sustained by any persons or to any property, resulting from or in connection with the construction, design,performance or completion of any work to be performed by said Developer, his contractors, subcontractors, officers, agents or employees, or in consequence of any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of said Developer, its contractors, sub-contractors, officers, agents or employees. M. The Developer will further require its contractors to indemnify, defend and hold harmless the City,its officers,agents and employees from and against any and all claims, suits or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or damages to persons or property, including death, resulting from or in any way connected with the construction of the infrastructure contemplated herein, whether or not such injuries, death or damages are caused, in whole or in part, by the alleged neQlikence of the City of Fort Worth, its officers, servants, or employees. Further,Developer will require its contractors to indemnify and hold harmless the Cityfor 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 City of Fort Worth,Texas Standard Community Facilities Agreement with City Participation-Trinity Boulevard Sewer Improvements CFA Official Release Date:01.22.2017 Page 5 of 12 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, 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 and further apportioned in the Cost Summary Table below i. Developer shall pay in cash water and wastewater inspection fees and material testing fees equal to two percent(2%)for a total of 4%of the Developer's share of the total construction cost as stated in the construction contract. ii. Developer shall pay in cash paving and storm drain inspection fees equal to four percent(4%)and material testing fees equal to two percent(2%)for a total of 6% of the Developer's share of the total construction cost as stated in the construction contract. ib. 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 necessary for Developer's portion of the Project. P. COMPLETION WITHIN 2 YEARS i. The City's obligation to participate (exclusive of front foot charges) in this Agreement 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 be extended for one (1) additional year. If the Improvements are not completed within such extension period, there will be no further obligation of the City to participate. City participation in this CFA shall be subject to the annual availability of City funds as approved by the City Council. City of Fort Worth,Texas Standard Community Facilities Agreement with City Participation-Trinity Boulevard Sewer Improvements CFA Official Release Date:01.22.2017 Page 6 of 12 ii. Subject to paragraph i, above, the City shall reimburse Developer with City Participation funds the City receives from TRA upon presentation of proper documentation of completion of installation of the Improvements or portions thereof as construction commences in accordance with the ILA and the CFA Policy. iii. 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. iv. 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(and any extension period)the Improvements have not been completed and accepted. V. The City may utilize the Developer's financial guarantee to cause the payment of costs for construction of the Improvements 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. Q. Developer acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company 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" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Developer certifies that Developer's signature provides written verification to the City that Developer: (1)does not boycott Israel;and(2)will not boycott Israel during the term of the contract. R. IMMIGRATION AND NATIONALITY ACT Developer shall 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,Developer shall provide City with copies City of Fort Worth,Texas Standard Community Facilities Agreement with City Participation-Trinity Boulevard Sewer Improvements CFA Official Release Date:01.22.2017 Page 7 of 12 of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Developer shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Developer employee who is not legally eligible to perform such services. DEVELOPER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY DEVELOPER, DEVELOPER'S EMPLOYEES, SUBCONTRACTORS,AGENTS,OR LICENSEES. City,upon written notice to Developer,shall have the right to immediately terminate this Agreement for violations of this provision by Developer. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) City of Fort Worth,Texas Standard Community Facilities Agreement with City Participation-Trinity Boulevard Sewer Improvements CFA Official Release Date:01.22.2017 Page 8 of 12 Cost Summary Sheet Project Name: Trinity Boulevard Sewer Improvements CFA No.: <CFA#> City Project No.: <City Project#> City Participation Items Developer's Cost with TRA Funds Total Cost A. Water and Sewer Construction 1. Water Construction $ 9,000.00 $ 9,000.00 2.Sewer Construction $ 678,585.00 $ 678,585.00 Water and Sewer Construction Total $ 687,585.00 $ 687,585.00 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): $ - $ 687,585.00 $ 687,585.00 Construction Fees: C. Water/Sewer Inspection Fee(2%) $ 13,751.00 $ 13,751.00 D. Water/Sewer Material Testing Fee(2%) $ 13,751.00 $ 13,751.00 Sub-Total for Water Construction Fees $ 27,502.00 $ 27,502.00 E. TPW Inspection Fee(4%) $ - $ - $ - F. TPW Material Testing(2%) $ - $ $ - G. Street Light Inspsection Cost $ - $ $ - H. Signals Inspection Cost $ - $ $ - J.Civil/Geotechnical Engineering&Survey(20%) $ - $ - TPW Construction Fees Subtotal $ - $ $ - Total Construction Fees $ - $ 27,502.00 $ 27,502.00 TOTAL PROJECT COST $ - $ 715,087.00 $ 715,087.00 Financial Guarantee Options,choose one Amount Choice (Mark one) Bond=100% $ 687,585.00 x Completion Agreement=100%/Holds Plat Cash Escrow Water/Sanitary Sewer=125% $ - Cash Escrow Paving/Storm Drain=125% $ Letter of Credit=125%w/2yr expiration period The costs stated herein may be based upon construction estimates rather than actual costs. The City's portion of inspection and material testing fees are directly allocated to the City's accounts for charges and does not reimburse the Water Inspection and Material Testing Fees to the Developer. The City's participation estimate shall be limited to the unit prices contained in City of Fort Worth Ordinance No. 19192-06-2010,as amended,("Unit Price Ordinance")or as determined by public competitive bid. The City's cost participation (excluding inspection City of Fort Worth,Texas Standard Community Facilities Agreement with City Participation-Trinity Boulevard Sewer Improvements CFA Official Release Date:01.22.2017 Page 9 of 12 and material testing fees) is not a lump sum amount and may be less than stated above depending upon actual quantities as shown on the Notice of Final Completion package(`Green sheet') and based on unit prices from the construction contract documents. In no event shall the City pay more per unit than as determined pursuant to the Unit Price Ordinance or public competitive bid. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) City of Fort Worth,Texas Standard Community Facilities Agreement with City Participation-Trinity Boulevard Sewer Improvements CFA Official Release Date:01.22.2017 Page 10 of 12 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, effective as of the date subscribed by the City's designated City Manager. CITY OF FORT WORTH DEVELOPER Riverbend Investments,LTD Jesus J.Chapa(Jun 26,2 18) �2�t�t21`�l/l plell Jesus J. Chapa Kenneth Newell(Jun 25,2018) Assistant City Manager Name: Kenneth B.Newell Date: Jun 26, 2018 Title: Director Date: Jun 25,2018 Recommended by: ATTEST: (Only if required by Developer) Evelyn Proberu(Jun 25,2018) Evelyn Roberts Contract Compliance Specialist Signature Planning and Development Department Name: <Napne> Approved as to Form &Legality: Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and Richard A.McCracken(Jun 26,2018) administration of this contract, including Richard A.McCracken ensuring all performance and reporting Assistant City Attorney requirements. M&C No. C-28282 Date: 6/20/17 Tanie Saarlefif Morales Form 1295: 2017-213032 Janie Scarlett Morales(Jun 26,2018) ATTEST.• FART Name: Janie S Morales Title: Development Manager Mia;v T. Kc;vsP.� /�; :• Mary J.Kayser(Jun 26,2018) � Mary J. Kayser 2 City Secretary * `* CxAs OFFICIAL RECORD CITY SECRETARY FT,WORTH,TQC City of Fort Worth,Texas Standard Community Facilities Agreement with City Participation-Trinity Boulevard Sewer Improvements CFA Official Release Date:01.22.2017 Page 11 of 12 Check items associated with the project being undertaken; checked items must be included as Attachments to this Agreement Included Attachment 0 Location Map rK Exhibit A:Water Improvements Water Cost Estimate Exhibit A-1: Sewer Improvements 1�4 Sewer Cost Estimate ❑ Exhibit B: Paving Improvements ❑ Paving Cost Estimate ❑ Exhibit B-1: Storm Drain Improvements ❑ 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,Texas Standard Community Facilities Agreement with City Participation-Trinity Boulevard Sewer Improvements CFA Official Release Date:01.22.2017 Page 12 of 12 s ` 3 x Ei � 0 Z C) � a H AwP4 I H o HO 1:4 Q � a4U O� wao � .� C) w F-4 C) a 04 00 O da x Hw wH .44 U cn ¢ a; a W 3 � z x � o , HW Fa o - a U R x� o UI 1 , C-) w 0 � 0 a � � Y F i w N a Q o J d' m a z_ oC F� a H 0 0 H o 00 GO x � w � ¢ o x � W3 � w � 4 H � r �r�¢ �o �w -rsslaarw4wa��� r+-�a �u��rv1 MU , .|• ��'�|�«/���}j|- ■ !§f�§ ,■ ���; .�� ,�||!.-!, Mill 9„e asses■ese■■■ @■■■ .�■■ .� . . .� . . . .,. ..� §k .#¥�||§�_!#\■■ #■�[¥F# . 7&■§aa-■ ■-�. ; ! _■ § 0- IS ■,l■ ,0-� «! -e � �-,�e,�!l---,--•-_•�.■---- §�. J � ( k / u § ,l,(=�: - i ■!!m!�! }�)! ] . �� lilt,: =,12 z.,z !`; !,|!-t `%� ; |!&�j!!!!Val :§§ IMF!|§l §»2|k |-,.�-.�.,e;aea,,,R;n„a■m 00 42 e3 TRA BID PROPOSAL.ADDENDMI NO.I ham l dl SECTION 00 42 43 PROPOSAL FORM-Unit i TRA Sanitary Sewer and Unit II-City of Fort Worth 11-inch Water Line UNIT PRICE BID Bidder's Application Pracct Am hdoln auen Bidnlces Pmpolsl BidOst Itch DeseripNon Specification Did Unit of Unit Price Bid Value No. Section No. Quantity Measure SECTION 1-TnA SANITARY SEWER l 3331.4508 W'Sewer Pipe by Open Cut 33 31 13 650 LF 5 29S.00 S 191,750.00 2 3331.4508 36"Pressure Rated Sewer Pipe by Open Cut 3331 13 90 LF $ 300.00 S 27,000.00 3 3331.4508 42"Sewer PiM by Open Cut 3331 13 SO LF S 350.00 S 17,500.00 4 3305.3014 42"Sewer Carrier Pipe 33 05 24 130 LF S 400.001 5 52,000.00 5 3305.1009 54"Casing Pipe by Open Cut 33 05 22 30 LF S 600.00 f S 18,000.00 6 3305.1109 54"Casing Pipe by0dlerThanOpen Cut 330522 110 LF $ 1,800100 S 198,000.00 7 9999.9999 CLSM Backfill(200 pal Max) 033413 60 CY S 120.00 S 7,200.00 8 3305.0109 TsenebSafety 330510 820 LF S 1,00 $ 820.00 9 3339.1106 Y T-Baso Faber ss Manhole 0 to 6-11 depth) 33 39 30 1 EA S 43,000.00 S 43 000.00 to 3339.1108 5'Piberaim Even Depth Manhole 33 39 30 15 VF $ 700.00 S 10,500.00 11 9999.9999 BDIaPol oerManhoieStructure SS-1 l FA $ 30,000.00 $ 30,000.00 12 330(.0101 Manhole•VacussmTest-Services 330130 2 FA S 500.00 $ 1000,00 13 9999.9999 36"Tempon"Plug 024114 1 FA S 1,000.00 S 1,000.00 14 9999.9999 42"Tem oraryPlu11 0241 14 1 FA $ 1,500.00 $ 1,500.00 15 3305.0103 Ex loraro PxcavationofFxistin Utllides 330530 3 FA $ 3,000.00 $ 91000.00 16 3213.0101 6"Coocrele Favesrsent 33 13 13 30 SY S 200.00 S 6,000,00 17 3213,0303 6"Concrete Sidewalk 321320 60 SF $ 80.00 $ 4,800.00 l8 0241.0100 Remove Concrete Sidewalk 02 41 13 60 SF S 30.00 S 1,800.00 19 3216.0101 Curb&G1ner-6-Monolithic-InslaO 321613 13 LF S 150.00 S 2250.00 20 3292.0201 Seedi*soddiatofnllDisNrbodAm 329213 300 SY $ 5.00 $ 1,500.00 21 3231.0133 6'Wrouabt Iron Fcncc 3231 13 50 LF $ 130.00 S 6 .00 22 9999.0001 Remove and Replace Brick Column N/A I FA $ 750.001 S 750.00 23 3301.0002 Inspection-Pmi Construction Cleaning& -Study 1 330131 905 LF $ 3.00 S 2,715.00 24 3471,0001 Traffic Control 34 71 l3 4 MO S 2,500.00 S 10,000.00 25 3125.0101 SWPPPS 1 Acro 312500 I LS S 9,000.00 S 9,000.00 26 9999.0003 iNfobilization NIA 1 LS S 25.000.00 S 25,000.00 Total Ilme Bid Unit 1 $678,505.00 SECTIOI4 if-CITY OF mT VI'ORL7i✓f-iNCB WATER Lm 27 33DIOUM r Waloft Lamigg 330512 1 DIs 1 S 9,000.00 59 ,01 Total Case Dld!hall ll 1100,00 T9W Bess W d-Urs[t 1 Iliad Udl Lf 5607 MY OF FORT NORTH STANDARD COHSrRLCnON SPEaI ICATIOII DDCUMFNrd TRA SRIVERIMPROVENISnS.TRWl2Y BOULEVARD Fon ReAraa 10131/120 CITY PROIHCrNe.43290