HomeMy WebLinkAboutContract 38794 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No. 3SI94
WHEREAS,the undersigned Independent School District, "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:
Name: DICK ELKINS
Title: PRESIDENT,EAGLE MOUNTAIN-SAGINAW I.S.D. SCHOOL BOARD
Company:EAGLE MOUNTAIN-SAGINAW INDEPENDENT SCHOOL DISTRICT
Project Name:
EAGLE MOUNTAIN-SAGINAW I.S.D.NEW MAINTENANCE,TRANSPORTATION
&WAREHOUSE FACILITY
Project Location:
Streets: SAGINAW BLVD. (US 81/SH 287)&WAREHOUSE WAY
Mapsco: 18Y& 18Z Council District:7
CFA: aoo , 0 a� DoE: �a City Project No. OFFICIAL RECORD
ARY
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 it 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) ; Paving(B) ; Storm Drain(B-1) ; Street
Lights & Signs (C) X .
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
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administered in conformance with paragraph 8, Section II, of the Policy.
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
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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. City is requiring the widening and/or straightening of the City road(s)
contemplated herein. City shall not be responsible for any costs that may be
incurred for the relocation of any utilities that are or may be in conflict with
any of the community facilities to be installed hereunder.
1. Developer agrees that the City shall not be responsible for any inadequacies in
the preliminary plans, specifications and cost estimates supplied by the
Developer for this Agreement and hereby releases the City from same.
J. 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.
K. Developer 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 in any way connected
with, the construction of the infrastructure contemplated herein, whether or
not such iniuries, 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. 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
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and delivered to the City an indemnity agreement from such contractors on a
form to be promulgated by the City.
L. 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.
M. Inspection and material testing fees are required as follows:
L 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.
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.
s
COST SUMMARY TABLE
Items Developer's Cost
A. Water and Sewer Construction
1.Water
2. Sewer
Water Construction Cost Sub-Total $0.00
B. TPW Construction
1. Street
2. Storm Drain
3. Street Lights $133,467.13
4. Street Name Signs
TPW Construction Cost Sub-Total $133,467.13
Total Construction Cost(excluding the fees): $133,467.13
Construction Fees:
C. Water Inspection Fee (2%) $0.00
D. Water Material Testing Fee(2%) $0.00
Sub-Total for Water Construction Fees
E. TPW Inspection Fee (4%) $5,338.69
F. TPW Material Testing (2%)
Sub-Total for TPW Construction Fees $5,338.69
Total Construction Fees: $5,338.69
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The Checked 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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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 Develo er has executed this instrument in
quadruplicate,at Fort Worth,Texas this day of ,2009.
CITY OF FORT WORTH DEVELOPER
Eagle Mountain-Sagi w I.S.D.
Fernando Costa
Assistant City Manager Name: DIGK. L1-lty S
Title: �Q. �R�aSl�licl-I
Recommended by:
Transportation&Public Works Department
William V rkest,P.E
Director
Water Department
Wendy Chi-Babulal,EMBA,P.E.
Water Development Engineering Manager
Approved as to Form&Legality:
- Al
Amy J. se
Assista t Ci y Attorney
ATTEST:
\^
I` \1(\ NO M&C REQUIRED
Marty Hen &ix
City Secretary
OFFICIAL RECORD
MYSECRETARY
FT.WORTH,Tx
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